Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543; Correction, 8882-8883 [E9-4264]

Download as PDF 8882 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allocation of the 2009 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,350 mt, and is setting aside the remaining 68 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. dwashington3 on PROD1PC60 with RULES 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 apportioned to vessels catching Pacific cod for processing by the offshore component of the Central 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 February 18, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 Dated: February 23, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–4270 Filed 2–24–09; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XM68 Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correction of fishery assignments. SUMMARY: On January 14, 2009, NMFS published a rule (74 FR 1946) that notified owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). Subsequent to the issuance of that notice, NMFS learned that several applicants for federal fisheries permits inadvertently selected the endorsement for the directed Atka mackerel fisheries inside the HLA in the Aleutian Islands subarea. This resulted in NMFS assigning those vessels to the HLA directed fishery for Atka mackerel. NMFS is hereby correcting the previous notice to the owners and operators of registered vessels of their assignments for the 2009 A season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the correct vessels to participate the harvest of the 2009 A season HLA limits established for area 542 and area 543 pursuant to the 2008 and 2009 harvest specifications for groundfish in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 24, 2009, until 1200 hrs, A.l.t., April 15, 2009. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Background 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 § 679.20(a)(8)(iii)(A), owners and operators of vessels using trawl gear for directed fishing for Atka mackerel in the HLA are required to register with NMFS. Eight vessels have registered with NMFS to fish in the A season HLA fisheries in areas 542 and/or 543. In accordance with § 679.20(a)(8)(iii)(B), the Administrator, Alaska Region, NMFS, has randomly assigned each vessel to the HLA directed fishery for Atka mackerel for which they have registered and is now notifying each vessel of its assignment in accordance with § 679.20(a)(8)(iii). Correction The final rule, identified as FR Doc. E9–606 that published in the Federal Register on January 14, 2009 (74 FR 1946) is corrected by removing six of the fourteen vessels that registered with NMFS to fish in the A season HLA fisheries in areas 542 and/or 543 as follows. 1. On page 1946, in column 3, in the second paragraph on line 6, the number ‘‘Fourteen’’ is corrected to read ‘‘Eight’’. 2. On page 1947, in column 1, in the second paragraph on lines 6 through 9, the vessels ‘‘Federal Fishery Permit number (FFP) 2134 Ocean Peace, FFP 2733 Seafreeze Alaska, FFP 3694 Arica, and FFP 3835 Seafisher’’ are corrected to read ‘‘Federal Fishery Permit number (FFP) 2134 Ocean Peace and FFP 2733 Seafreeze Alaska’’. 3. On page 1947, in column 2, in the third paragraph on lines 4 through 6, the vessels ‘‘FFP 480 Muir Milach and FFP 11770 Alaska Knight’’ are corrected to read ‘‘FFP 11770 Alaska Knight’’. 4. On page 1947, in column 2, paragraph 4 is removed. Fishery Assignments For the Amendment 80 cooperative, the vessels authorized to participate in the first HLA directed fishery in area 542 and the second HLA directed fishery in area 543 are as follows: Federal Fishery Permit number (FFP) 2134 Ocean Peace and FFP 2733 Seafreeze Alaska. E:\FR\FM\27FER1.SGM 27FER1 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations For the Amendment 80 cooperative, the vessels authorized to participate in the first HLA directed fishery in area 543 and the second HLA directed fishery in area 542 are as follows: FFP 3835 Seafisher. For the Amendment 80 limited access sector, vessels authorized to participate in the first HLA directed fishery in area 542 and in the second HLA directed fishery in area 543 are as follows: FFP 2443 Alaska Juris and FFP 3819 Alaska Spirit. For the Amendment 80 limited access sector, the vessels authorized to participate in the first HLA directed fishery in area 543 and the second HLA directed fishery in area 542 are as follows: FFP 3423 Alaska Warrior and FFP 4093 Alaska Victory. For the BSAI trawl limited access sector, the vessel authorized to participate in the first HLA directed fishery in area 542 is as follows: FFP 11770 Alaska Knight. This action removes six vessels that registered with NMFS to fish in the A season HLA fisheries in areas 542 and/ or 543 and does not otherwise change the requirements in the January 14, 2009 (74 FR 1946) temporary rule. Classification 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 unnecessary. This notice merely advises the owners of these vessels of the results of a random assignment required by regulation. The notice needs to occur immediately to notify the owner of each vessel of its assignment to allow these vessel owners to plan for participation in the A season HLA fisheries in area 542 and area 543. 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 § 679.20 and is exempt from review under Executive Order 12866. dwashington3 on PROD1PC60 with RULES Authority: 16 U.S.C. 1801 et seq. Dated: February 23, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–4264 Filed 2–24–09; 4:15 pm] BILLING CODE 3510–22–S VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Location Remove from CFR because (F) was applicable only through December 31, 2002, and (D) and (E) were previously removed and reserved. 679.20(a)(5)(iv)(C) Remove from CFR because this paragraph was applicable only through December 31, 2002. 679.20(c)(2) Remove from CFR and reserve because this paragraph was applicable only until April 1, 2005. 679.20(c)(5) and (c)(6) Remove the phrase ‘‘(Effective April 1, 2005)’’ because related regulations are now effective. [Docket No. 0812011537–9145–01] RIN 0648–AX45 Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. Final rule. SUMMARY: NMFS issues a final rule to update regulations in 50 CFR part 679. The action would remove regulations that have lapsed and is intended to promote the goals and objectives of the Magnuson–Stevens Fishery Conservation and Management Act. DATES: Effective February 27, 2009. Copies of the Categorical Exclusion (CE) and Regulatory Impact Review (RIR) prepared for this action may be obtained from the NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, or by calling the Alaska Region, NMFS, at 907–586–7228, or from the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907–586–7008. The groundfish fisheries in the exclusive economic zone (EEZ) off Alaska are managed under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery Management Council prepared the FMPs under the authority of the Magnuson–Stevens Fishery Conservation and Management Act (Magnuson–Stevens Act), 16 U.S.C. 1801 et seq. Regulations implementing the FMPs appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600. SUPPLEMENTARY INFORMATION: Need for Action In 50 CFR part 679, text is amended to remove lapsed regulatory provisions from the Code of Federal Regulations (CFR). This final rule amends regulations by removing text as follows: PO 00000 Frm 00039 Fmt 4700 Amendment 679.20(a)(5)(i)(D), (E), and (F) 50 CFR Part 679 ACTION: 8883 Sfmt 4700 Classification Pursuant to section 305(d) of the Magnuson–Stevens Act, NMFS has determined that this final rule is consistent with the FMPs and other provisions of the Magnuson–Stevens Act. This rule has been determined to be not significant for purposes of Executive Order 12866. This action will not increase recordkeeping and reporting costs. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of Fisheries (AA) finds good cause to waive prior notice and opportunity for public comment. Prior notice and opportunity for public comment are unnecessary because these changes remove regulatory provisions that have lapsed. For the same reason, the AA finds good cause to waive the 30-day delay in the effective date under 5 U.S.C. 553(d)(3). Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. are inapplicable. List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Recordkeeping and reporting requirements. Dated: February 23, 2009. Samuel D. Rauch III Deputy Assistant Administrator for Regulatory Programs,National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 679 is amended as follows: ■ E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8882-8883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM68


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel Lottery in Areas 542 and 543; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Correction of fishery assignments.

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SUMMARY: On January 14, 2009, NMFS published a rule (74 FR 1946) that 
notified owners and operators of registered vessels of their 
assignments for the 2009 A season Atka mackerel fishery in harvest 
limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). Subsequent to 
the issuance of that notice, NMFS learned that several applicants for 
federal fisheries permits inadvertently selected the endorsement for 
the directed Atka mackerel fisheries inside the HLA in the Aleutian 
Islands subarea. This resulted in NMFS assigning those vessels to the 
HLA directed fishery for Atka mackerel. NMFS is hereby correcting the 
previous notice to the owners and operators of registered vessels of 
their assignments for the 2009 A season Atka mackerel fishery in 
harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea 
of the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the correct vessels to participate the 
harvest of the 2009 A season HLA limits established for area 542 and 
area 543 pursuant to the 2008 and 2009 harvest specifications for 
groundfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 24, 
2009, until 1200 hrs, A.l.t., April 15, 2009.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    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 Sec.  679.20(a)(8)(iii)(A), owners and operators 
of vessels using trawl gear for directed fishing for Atka mackerel in 
the HLA are required to register with NMFS. Eight vessels have 
registered with NMFS to fish in the A season HLA fisheries in areas 542 
and/or 543. In accordance with Sec.  679.20(a)(8)(iii)(B), the 
Administrator, Alaska Region, NMFS, has randomly assigned each vessel 
to the HLA directed fishery for Atka mackerel for which they have 
registered and is now notifying each vessel of its assignment in 
accordance with Sec.  679.20(a)(8)(iii).

Correction

    The final rule, identified as FR Doc. E9-606 that published in the 
Federal Register on January 14, 2009 (74 FR 1946) is corrected by 
removing six of the fourteen vessels that registered with NMFS to fish 
in the A season HLA fisheries in areas 542 and/or 543 as follows.
    1. On page 1946, in column 3, in the second paragraph on line 6, 
the number ``Fourteen'' is corrected to read ``Eight''.
    2. On page 1947, in column 1, in the second paragraph on lines 6 
through 9, the vessels ``Federal Fishery Permit number (FFP) 2134 Ocean 
Peace, FFP 2733 Seafreeze Alaska, FFP 3694 Arica, and FFP 3835 
Seafisher'' are corrected to read ``Federal Fishery Permit number (FFP) 
2134 Ocean Peace and FFP 2733 Seafreeze Alaska''.
    3. On page 1947, in column 2, in the third paragraph on lines 4 
through 6, the vessels ``FFP 480 Muir Milach and FFP 11770 Alaska 
Knight'' are corrected to read ``FFP 11770 Alaska Knight''.
    4. On page 1947, in column 2, paragraph 4 is removed.

Fishery Assignments

    For the Amendment 80 cooperative, the vessels authorized to 
participate in the first HLA directed fishery in area 542 and the 
second HLA directed fishery in area 543 are as follows: Federal Fishery 
Permit number (FFP) 2134 Ocean Peace and FFP 2733 Seafreeze Alaska.

[[Page 8883]]

    For the Amendment 80 cooperative, the vessels authorized to 
participate in the first HLA directed fishery in area 543 and the 
second HLA directed fishery in area 542 are as follows: FFP 3835 
Seafisher.
    For the Amendment 80 limited access sector, vessels authorized to 
participate in the first HLA directed fishery in area 542 and in the 
second HLA directed fishery in area 543 are as follows: FFP 2443 Alaska 
Juris and FFP 3819 Alaska Spirit.
    For the Amendment 80 limited access sector, the vessels authorized 
to participate in the first HLA directed fishery in area 543 and the 
second HLA directed fishery in area 542 are as follows: FFP 3423 Alaska 
Warrior and FFP 4093 Alaska Victory.
    For the BSAI trawl limited access sector, the vessel authorized to 
participate in the first HLA directed fishery in area 542 is as 
follows: FFP 11770 Alaska Knight.
    This action removes six vessels that registered with NMFS to fish 
in the A season HLA fisheries in areas 542 and/or 543 and does not 
otherwise change the requirements in the January 14, 2009 (74 FR 1946) 
temporary rule.

Classification

    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 unnecessary. This notice merely 
advises the owners of these vessels of the results of a random 
assignment required by regulation. The notice needs to occur 
immediately to notify the owner of each vessel of its assignment to 
allow these vessel owners to plan for participation in the A season HLA 
fisheries in area 542 and area 543.
    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: February 23, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4264 Filed 2-24-09; 4:15 pm]
BILLING CODE 3510-22-S