Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot, Arrowtooth Flounder, and Sablefish by Vessels Participating in the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian Islands Management Area, 30013-30014 [E9-14872]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations
the information for management
purposes may be made. In such
instances, it is unclear what then
constitutes the best available
information for management use.
Framework 2 states that, when clear
consensus recommendations are made
by any of the acceptable peer review
groups, the information is considered
the best available and may be utilized
by the Council in the management
process for spiny dogfish. Similarly,
when the consensus results of a peer
review are to reject proposed changes to
the stock assessment methods or the
stock status determination criteria,
Framework 2 states that the previous
information on record would still
continue to constitute the best available
information and should be used in the
management process.
When peer review recommendations
do not result in consensus, are unclear,
or do not make recommendations on
how the information is to be used in the
management process, Framework 2
states that the Councils engage their
SSCs or a subset of their SSCs with
appropriate stock assessment expertise,
to review the information provided by
the peer review group. The SSCs would
then seek to clarify the information and
provide advice to the Councils to either
modify, change, or retain the existing
stock status determination definitions as
the best available information for use in
the development of specifications and
management measures.
Comments and Responses
No comments specific to Framework
2 were received during the public
comment period. NMFS received three
comments under the Framework 2
proposed rule, but all were actually
regarding the spiny dogfish 2009
specifications and management
measures proposed rule (74 FR 11706,
March 19, 2009), which was open for
public comment at the same time.
NMFS responded to those comments in
the final rule for the spiny dogfish 2009
specifications and management
measures (74 FR 20230, May 1, 2009).
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson–Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Spiny Dogfish FMP, other provisions of
the Magnuson–Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
VerDate Nov<24>2008
15:46 Jun 23, 2009
Jkt 217001
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 18, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E9–14882 Filed 6–23–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XP97
Fisheries of the Exclusive Economic
Zone Off Alaska; Greenland Turbot,
Arrowtooth Flounder, and Sablefish by
Vessels Participating in the
Amendment 80 Limited Access Fishery
in 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 closing directed
fishing for Greenland turbot, arrowtooth
flounder, and sablefish by vessels
participating in the Amendment 80
limited access fishery in the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the 2009 halibut
bycatch allowance specified for the
trawl Greenland turbot, arrowtooth
flounder, and sablefish fishery category
by vessels participating in the
Amendment 80 limited access fishery in
the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), June 19, 2009, through
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
BSAI according to the Fishery
Management Plan for Groundfish of the
PO 00000
Frm 00081
Fmt 4700
Sfmt 4700
30013
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 2009 halibut bycatch allowance
specified for the trawl Greenland turbot,
arrowtooth flounder, and sablefish
fishery category by vessels participating
in the Amendment 80 limited access
fishery in the BSAI is 5 metric tons as
established by the final 2009 and 2010
harvest specifications for groundfish in
the BSAI (74 FR 7359, February 17,
2009).
In accordance with
§ 679.21(e)(3)(vi)(B) and
§ 679.21(e)(7)(v), the Administrator,
Alaska Region, NMFS, has determined
that the 2009 halibut bycatch allowance
specified for the trawl Greenland turbot,
arrowtooth flounder, and sablefish
fishery category by vessels participating
in the Amendment 80 limited access
fishery in the BSAI has been caught.
Consequently, NMFS is closing directed
fishing for Greenland turbot, arrowtooth
flounder, and sablefish by vessels
participating in the Amendment 80
limited access fishery in the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 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 directed fishing for
Greenland turbot, arrowtooth flounder,
and sablefish by vessels participating in
the Amendment 80 limited access
fishery 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 June 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
E:\FR\FM\24JNR1.SGM
24JNR1
30014
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 19, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–14872 Filed 6–19–09; 4:15 pm]
BILLING CODE 3510–22–S
VerDate Nov<24>2008
15:46 Jun 23, 2009
Jkt 217001
PO 00000
Frm 00082
Fmt 4700
Sfmt 4700
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 30013-30014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14872]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XP97
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland
Turbot, Arrowtooth Flounder, and Sablefish by Vessels Participating in
the Amendment 80 Limited Access Fishery in 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 closing directed fishing for Greenland turbot,
arrowtooth flounder, and sablefish by vessels participating in the
Amendment 80 limited access fishery in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2009 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 19, 2009,
through 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
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 2009 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI is 5 metric tons as established by the final 2009 and 2010
harvest specifications for groundfish in the BSAI (74 FR 7359, February
17, 2009).
In accordance with Sec. 679.21(e)(3)(vi)(B) and Sec.
679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined
that the 2009 halibut bycatch allowance specified for the trawl
Greenland turbot, arrowtooth flounder, and sablefish fishery category
by vessels participating in the Amendment 80 limited access fishery in
the BSAI has been caught. Consequently, NMFS is closing directed
fishing for Greenland turbot, arrowtooth flounder, and sablefish by
vessels participating in the Amendment 80 limited access fishery 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 directed fishing for Greenland turbot,
arrowtooth flounder, and sablefish by vessels participating in the
Amendment 80 limited access fishery 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 June 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
[[Page 30014]]
the reasons provided above for waiver of prior notice and opportunity
for public comment.
This action is required by Sec. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 19, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-14872 Filed 6-19-09; 4:15 pm]
BILLING CODE 3510-22-S
