Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 8216-8217 [E9-3920]

Download as PDF 8216 Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations 1200 hrs, A.l.t., March 10, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 6, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648– XN42,’’ by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. 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. NMFS closed the directed fishery for pollock in Statistical Area 610 of the GOA under § 679.20(d)(1)(iii) on January 22, 2009 (74 FR 5625, January 30, 2009). NMFS has determined that approximately 3,105 mt of pollock remain in the directed fishing allowance in Statistical Area 610 of the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the A season allowance of the 2009 TAC of mstockstill on PROD1PC66 with RULES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:27 Feb 23, 2009 Jkt 217001 pollock in Statistical Area 610, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 610 of the GOA. DEPARTMENT OF COMMERCE Classification 50 CFR Part 679 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 a 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 pollock in Statistical Area 610 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 February 13, 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. Without this inseason adjustment, NMFS could not allow the TAC of pollock in Statistical Area 610 of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 6, 2009. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. [Docket No. 0810141351–9087–02] Authority: 16 U.S.C. 1801 et seq. Dated: February 17, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–3919 Filed 2–19–09; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration RIN 0648–XN38 Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel 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; closures and openings. SUMMARY: NMFS is announcing the opening and closing dates of the Atka mackerel directed fisheries within the harvest limit area (HLA) in Statistical Area 542. This action is necessary to fully use the 2009 A season HLA limits of Atka mackerel in Statistical Area 542 of the Bering Sea and Aleutian Islands. DATES: The effective dates are provided in Table 1 under the SUPPLEMENTARY INFORMATION section of this temporary action. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 6, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648– XN38, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY 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 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. In accordance with the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009), and § 679.20(a)(8)(ii)(C)(1), the HLA limits of the A season allowance of the 2009 TAC in area 542 is 5,039 metric tons (mt) for vessels participating in the Amendment 80 limited access fishery and 3,314 mt for Amendment 80 cooperative. NMFS previously announced the opening and closing dates of the first and second directed fisheries within the HLA in Statistical Areas 542 and 543 (74 FR 5625, January 30, 2009). NMFS has determined that approximately 1,930 mt of Atka mackerel remain in the A season HLA limit in area 542 for vessels participating in the Amendment 80 limited access fishery. NMFS has also determined that approximately 2,367 mt of Atka mackerel remain in the A season HLA limit in area 542 for vessels participating in the Amendment 80 cooperative. Therefore, in accordance 8217 with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the A season HLA limits of Atka mackerel in area 542, NMFS is terminating the previous closures and is opening directed fishing for Atka mackerel in the HLA of area 542 in accordance with the periods listed under Table 1 of this notice. In accordance with § 679.20(a)(8)(iii)(E), the Regional Administrator has established the closure dates of the Atka mackerel directed fisheries in the HLA for area 542 based on the amount of the harvest limit and the estimated fishing capacity of the vessels assigned to the respective fisheries. Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the HLA of area 542 in accordance with the dates and times listed in Table 1 of this notice. TABLE 1. EFFECTIVE DATES AND TIMES Effective Date1 Action Area From To Opening the directed fishery in the HLA for the Amendment 80 limited access vessels authorized to participate in the second HLA fishery in Area 542 542 1200 hrs, February 18, 2009 1200 hrs, February 27, 2009 Opening the directed fishery in the HLA for the Amendment 80 cooperative vessel authorized to participate in the second HLA fishery in Area 542 542 1200 hrs, February 18, 2009 1200 hrs, February 27, 2009 1Alaska local time After the effective dates of these closures, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification mstockstill on PROD1PC66 with RULES 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 a requirement is impracticable and contrary to the VerDate Nov<24>2008 16:27 Feb 23, 2009 Jkt 217001 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 the opening and closing of the fisheries for the HLA limits established for area 542 pursuant to the 2009 Atka mackerel TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 14, 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). Under PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 6, 2009. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 19, 2009. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–3920 Filed 2–19–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8216-8217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XN38


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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; closures and openings.

-----------------------------------------------------------------------

SUMMARY: NMFS is announcing the opening and closing dates of the Atka 
mackerel directed fisheries within the harvest limit area (HLA) in 
Statistical Area 542. This action is necessary to fully use the 2009 A 
season HLA limits of Atka mackerel in Statistical Area 542 of the 
Bering Sea and Aleutian Islands.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action. Comments 
must be received at the following address no later than 4:30 p.m., 
A.l.t., March 6, 2009.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XN38, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at https://
www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to https://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments. Enter ``N/A'' in the required 
fields, if you wish to remain anonymous. Attachments to electronic 
comments will be accepted in Microsoft

[[Page 8217]]

Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats 
only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY 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 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.
    In accordance with the final 2009 and 2010 harvest specifications 
for groundfish in the BSAI (74 FR 7359, February 17, 2009), and Sec.  
679.20(a)(8)(ii)(C)(1), the HLA limits of the A season allowance of the 
2009 TAC in area 542 is 5,039 metric tons (mt) for vessels 
participating in the Amendment 80 limited access fishery and 3,314 mt 
for Amendment 80 cooperative.
    NMFS previously announced the opening and closing dates of the 
first and second directed fisheries within the HLA in Statistical Areas 
542 and 543 (74 FR 5625, January 30, 2009). NMFS has determined that 
approximately 1,930 mt of Atka mackerel remain in the A season HLA 
limit in area 542 for vessels participating in the Amendment 80 limited 
access fishery. NMFS has also determined that approximately 2,367 mt of 
Atka mackerel remain in the A season HLA limit in area 542 for vessels 
participating in the Amendment 80 cooperative. Therefore, in accordance 
with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to 
fully utilize the A season HLA limits of Atka mackerel in area 542, 
NMFS is terminating the previous closures and is opening directed 
fishing for Atka mackerel in the HLA of area 542 in accordance with the 
periods listed under Table 1 of this notice.
    In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has established the closure dates of the Atka mackerel 
directed fisheries in the HLA for area 542 based on the amount of the 
harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of area 542 in accordance 
with the dates and times listed in Table 1 of this notice.

                   Table 1. Effective dates and times
------------------------------------------------------------------------
                                               Effective Date\1\
      Action              Area       -----------------------------------
                                            From               To
------------------------------------------------------------------------
Opening the        542                1200 hrs,         1200 hrs,
 directed fishery                      February 18,      February 27,
 in the HLA for                        2009              2009
 the Amendment 80
 limited access
 vessels
 authorized to
 participate in
 the second HLA
 fishery in Area
 542
------------------------------------------------------------------------
Opening the        542                1200 hrs,         1200 hrs,
 directed fishery                      February 18,      February 27,
 in the HLA for                        2009              2009
 the Amendment 80
 cooperative
 vessel
 authorized to
 participate in
 the second HLA
 fishery in Area
 542
------------------------------------------------------------------------
\1\Alaska local time

    After the effective dates of these closures, 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 a 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 the opening and closing of the fisheries for the HLA 
limits established for area 542 pursuant to the 2009 Atka mackerel TAC. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
January 14, 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). 
Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until March 6, 
2009.
    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: February 19, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3920 Filed 2-19-09; 4:15 pm]
BILLING CODE 3510-22-S

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