Federal Register: April 27, 2009 (Volume , Number )
DOCID: fr27ap09-15 FR Doc E9-9574
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-XO13
NOTICE: RULES
DOCID: fr27ap09-15
DOCUMENT ACTION: Temporary rule; modification of a closure.
SUBJECT CATEGORY:
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 2009, through 2400 hrs, A.l.t., December 31, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., May 11, 2009.
DOCUMENT SUMMARY:
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hookandline or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2009 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI.
SUMMARY:
Fisheries of the Exclusive Economic Zone Off Alaska: ; Pacific Cod in the Bering Sea and Aleutian Islands,
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.
NMFS closed directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI under Sec. 679.20(d)(1)(iii) on March 16, 2009 (74 FR 11503, March 18, 2009).
NMFS has determined that as of April 20, 2009, approximately 184 metric tons of Pacific cod remain in the 2009 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2009 TAC of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI.
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 opening of the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet and processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 20, 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.
Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under Sec. 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until May 12, 2009.
This action is required by Sec. 679.25 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 21, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheriies, National Marine Fisheries Service.
[FR Doc. E99574 Filed 42409; 8:45 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Obren Davis, 907-586-7228.