Federal Register: March 25, 2009 (Volume , Number )
DOCID: fr25mr09-41 FR Doc E9-6588
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 0810141351-9087-02]
RIN ID: RIN 0648-XN18
NOTICE: RULES
DOCID: fr25mr09-41
DOCUMENT ACTION: Temporary rule; closure.
SUBJECT CATEGORY:
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery in the Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 22, 2009, through 2400 hrs, A.l.t., December 31, 2009.
DOCUMENT SUMMARY:
NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fishery in the Eastern Aleutian District of the BSAI. This action is necessary to prevent exceeding the 2009 Pacific ocean perch total allowable catch (TAC) specified for vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI.
SUMMARY:
Pacific Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery, etc.,
SUPPLEMENTAL INFORMATION
NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2009 Pacific ocean perch TAC allocated as a directed fishing allowance to vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI is 365 metric tons as established by the 2009 and 2010 final harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the 2009 Pacific ocean perch TAC allocated to vessels
[[Page 12734]]
participating in the BSAI trawl limited access fishery in the Eastern
Aleutian District of the BSAI will soon be reached. Consequently, NMFS
is prohibiting directed fishing for Pacific ocean perch for vessels
participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI.
After the effective date of this closure the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip. Classification
This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific ocean perch for vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 19, 2009.
The AA also finds good cause to waive the 30day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.
This action is required by Sec. 679.20 and Sec. 679.91 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 20, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E96588 Filed 32009; 4:15 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Steve Whitney, 907-586-7269.