Fisheries of the Exclusive Economic Zone Off Alaska: Pelagic Shelf Rockfish by Vessels Subject to Amendment 80 Sideboard Limits in Western Regulatory Area of the Gulf of Alaska
Federal Register: July 27, 2009 (Volume 74, Number 142)
Rules and Regulations
Page 36950-36951
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr27jy09-8
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 0910091344-9056-02
RIN 0648-XQ52
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic
Shelf Rockfish by Vessels Subject to Amendment 80 Sideboard Limits in the Western Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed fishing for pelagic shelf rockfish (PSR) by Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 PSR sideboard limit established for Amendment 80 vessels subject to sideboard limits in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 22, 2009, until 2400 hrs, A.l.t., December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (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. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 679.
The 2009 PSR sideboard limit established for Amendment 80 vessels subject to sideboard limits in the
Page 36951
Western Regulatory Area of the GOA is 626 metric tons (mt), as established by the 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009) and revisions (74 FR 11041,
March 16, 2009).
In accordance with Sec. 679.20(d)(1)(v)(A), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
PSR sideboard limit established for Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the GOA is sufficient to support a directed fishing allowance. Therefore, the
Regional Administrator is establishing a sideboard directed fishing allowance for PSR as 621 mt in the Gulf of Alaska. The remaining 5 mt in the Gulf of Alaska will be set aside as bycatch to support other anticipated groundfish fisheries. In accordance with Sec. 679.20(d)(1)(v)(C), the Regional Administrator finds that this
Amendment 80 sideboard directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for the 2009 PSR sideboard limit by Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the GOA.
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 directed fishing closure of PSR by Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the GOA.
NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 21, 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 Sec. 679.20 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
FR Doc. E9-17841 Filed 7-22-09; 4:15 pm
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