Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Processors Using Hook and Line Gear in the Bering Sea and Aleutian Islands Management Area
Federal Register: February 12, 2009 (Volume 74, Number 28)
Rules and Regulations
Page 7001
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr12fe09-11
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 071106673-8011-02
RIN 0648-XN23
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processors Using Hook-and-Line Gear in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher processors using hook-and-line gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2009 Pacific cod total allowable catch (TAC) allocated to catcher processors using hook-and- line gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 6, 2009, through 1200 hrs, A.l.t., June 10, 2009.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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
Magnuson-Stevens 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 A season allowance of the 2009 Pacific cod TAC allocated to catcher processors using hook-and-line gear in the BSAI is 37,660 metric tons (mt) as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008). See Sec. 679.20(a)(7)(ii)(A)(4), Sec. 679.20(a)(7)(iv)(A)(2),
Sec. 679.20(c)(3)(iii), and Sec. 679.20(c)(5).
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that the A season allowance of the 2009 Pacific cod directed fishing allowance allocated to catcher processors using hook- and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher processors using hook-and-line gear in 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 cod by to catcher processors using hook-and-line gear in 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 February 4, 2009.
The AA also finds good cause to waive the 30-day 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 section 679.20 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
FR Doc. E9-3013 Filed 2-9-09; 4:15 pm
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