Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 45379-45380 [E9-21171]
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
revisions (74 FR 11041, March 16,
2009).
In accordance with
§ 679.20(d)(1)(v)(A), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that the
Pacific cod 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 Pacific cod as 319 mt in
the Western Regulatory Area of the
GOA. The remaining 5 mt in the
Western Regulatory Area of the GOA
will be set aside as bycatch to support
other anticipated groundfish fisheries.
In accordance with § 679.20(d)(1)(v)(C),
the Regional Administrator finds that
this Amendment 80 sideboard directed
fishing allowance will be reached by the
effective date of this temporary rule.
Consequently, NMFS is prohibiting
directed fishing for the 2009 Pacific cod
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
§ 679.20(e) and (f) apply at any time
during a trip.
erowe on DSK5CLS3C1PROD 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 directed fishing closure of
Pacific cod 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 August 26,
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.
VerDate Nov<24>2008
15:07 Sep 01, 2009
Jkt 217001
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: August 28, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–21170 Filed 8–28–09; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XR36
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 prohibiting directed
fishing for Atka mackerel in the Eastern
Aleutian District and the Bering Sea
subarea of the Bering Sea and Aleutian
Islands management area (BSAI) by
vessels participating in the BSAI trawl
limited access fishery. This action is
necessary to prevent exceeding the 2009
total allowable catch (TAC) of Atka
mackerel in these areas by vessels
participating in the BSAI trawl limited
access fishery. NMFS is also
announcing the opening and closing
dates of the first and second directed
fisheries within the harvest limit area
(HLA) in areas 542 and 543. These
actions are necessary to conduct
directed fishing for Atka mackerel in the
HLA in areas 542 and 543.
DATES: The effective dates are provided
in Table 1 under the SUPPLEMENTARY
INFORMATION section of this temporary
action.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 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
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
45379
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 TAC of Atka mackerel for
vessels participating in the BSAI trawl
limited access fishery in the Eastern
Aleutian District and the Bering Sea
subarea was established as 952 metric
tons (mt) by the final 2009 and 2010
harvest specifications for groundfish in
the BSAI (74 FR 7359, February 17,
2009).
In accordance with § 679.20(d)(1)(i)
and (d)(1)(ii)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that 5
mt of the 2009 Atka mackerel TAC
allocated to vessels participating in the
BSAI trawl limited access fishery in the
Eastern Aleutian District and the Bering
Sea subarea will be necessary as
incidental catch to support other
anticipated groundfish fisheries.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 947 mt. 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 Atka mackerel in the
Eastern Aleutian District and the Bering
Sea subarea by vessels participating in
the BSAI trawl limited access fishery.
In accordance with
§ 679.20(a)(8)(iii)(C), the Regional
Administrator is opening the first
directed fisheries for Atka mackerel
within the HLA in areas 542 and 543,
48 hours after prohibiting directed
fishing for Atka mackerel in the Eastern
Aleutian District and the Bering Sea
subarea. The Regional Administrator
has established the opening dates for the
second HLA directed fisheries as
immediately after the last closure of the
first HLA fisheries in either area 542 or
543 for those vessels participating in the
Amendment 80 cooperative. The
Regional Administrator also has
established the opening dates for the
second HLA directed fisheries as 48
hours after the last closure of the first
HLA fisheries in either area 542 or 543
for those vessels participating in the
Amendment 80 limited access sector.
Consequently, NMFS is opening and
closing directed fishing for Atka
mackerel in the HLA of areas 542 and
543 in accordance with the periods
listed under Table 1 of this notice.
E:\FR\FM\02SER1.SGM
02SER1
45380
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations
TABLE 1—EFFECTIVE DATES AND TIMES
Effective Date1
Action
Area
From
To
Prohibiting Atka mackerel by vessels participating in the
BSAI trawl limited access fishery
Eastern Aleutian District and the Bering Sea subarea
1200 hrs,
September 1, 2009.
1200 hrs,
November 1, 2009.
Opening the first and second directed fisheries in the HLA
for the Amendment 80 cooperative
542 and 543
542 and 543
1200 hrs,
September 3, 2009.
1200 hrs,
September 17,
2009.
1200 hrs,
September 17,
2009.
1200 hrs, October
1, 2009.
Opening the first and second directed fisheries in the HLA
for vessels participating in the Amendment 80 limited access sector
542 and 543
542 and 543
1200 hrs,
September 3, 2009.
1200 hrs,
September 14,
2009.
1200 hrs,
September 12,
2009.
1200 hrs,
September 23,
2009.
Opening the first directed fishery in the HLA for vessels
participating in the BSAI trawl limited access sector
542
1200 hrs,
September 3, 2009.
1200 hrs,
September 8, 2009.
1 Alaska
local time
erowe on DSK5CLS3C1PROD with RULES
In accordance with
§ 679.20(a)(8)(iii)(A) and
§ 679.20(a)(8)(iii)(B), vessels using trawl
gear for directed fishing for Atka
mackerel have previously registered
with NMFS to fish in the HLA fisheries
in areas 542 and 543. NMFS has
randomly assigned each vessel to the
directed fishery or fisheries for which
they have registered. NMFS has notified
each vessel owner as to which fishery
each vessel has been assigned by NMFS
(74 FR 40523, August 12, 2009).
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 B season allowance of the 2009
TACs in areas 542 and 543 are 5,039 mt
and 2,783 mt, respectively, for vessels
participating in the Amendment 80
limited access fishery. The HLA limits
of the B season allowance of the 2009
TACs in areas 542 and 543 are 3,314 mt
and 1,739 mt, respectively, for
Amendment 80 cooperatives. The HLA
limit of the B season allowance of the
2009 TAC in area 542 is 348 mt for the
BSAI trawl limited access fishery. In
accordance with § 679.20(a)(8)(iii)(E),
VerDate Nov<24>2008
15:07 Sep 01, 2009
Jkt 217001
the Regional Administrator has
established the closure dates of the Atka
mackerel directed fisheries in the HLA
for areas 542 and 543 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 areas 542 and 543 in accordance
with the dates and times listed in Table
1 of this notice.
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
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
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
data in a timely fashion and would
delay the closure of the Atka mackerel
fishery in the Eastern Aleutian District
and the Bering Sea subarea for vessels
participating in the BSAI trawl limited
access fishery and the opening and
closing of the fisheries for the HLA
limits established for area 542 and area
543 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 August 27, 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.
Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–21171 Filed 8–28–09; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\02SER1.SGM
02SER1
Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Pages 45379-45380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21171]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XR36
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 prohibiting directed fishing for Atka mackerel in the
Eastern Aleutian District and the Bering Sea subarea of the Bering Sea
and Aleutian Islands management area (BSAI) by vessels participating in
the BSAI trawl limited access fishery. This action is necessary to
prevent exceeding the 2009 total allowable catch (TAC) of Atka mackerel
in these areas by vessels participating in the BSAI trawl limited
access fishery. NMFS is also announcing the opening and closing dates
of the first and second directed fisheries within the harvest limit
area (HLA) in areas 542 and 543. These actions are necessary to conduct
directed fishing for Atka mackerel in the HLA in areas 542 and 543.
DATES: The effective dates are provided in Table 1 under the
SUPPLEMENTARY INFORMATION section of this temporary action.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
The 2009 TAC of Atka mackerel for vessels participating in the BSAI
trawl limited access fishery in the Eastern Aleutian District and the
Bering Sea subarea was established as 952 metric tons (mt) by the final
2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR
7359, February 17, 2009).
In accordance with Sec. 679.20(d)(1)(i) and (d)(1)(ii)(B), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that 5 mt of the 2009 Atka mackerel TAC allocated to vessels
participating in the BSAI trawl limited access fishery in the Eastern
Aleutian District and the Bering Sea subarea will be necessary as
incidental catch to support other anticipated groundfish fisheries.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 947 mt. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for Atka mackerel in the Eastern Aleutian District and
the Bering Sea subarea by vessels participating in the BSAI trawl
limited access fishery.
In accordance with Sec. 679.20(a)(8)(iii)(C), the Regional
Administrator is opening the first directed fisheries for Atka mackerel
within the HLA in areas 542 and 543, 48 hours after prohibiting
directed fishing for Atka mackerel in the Eastern Aleutian District and
the Bering Sea subarea. The Regional Administrator has established the
opening dates for the second HLA directed fisheries as immediately
after the last closure of the first HLA fisheries in either area 542 or
543 for those vessels participating in the Amendment 80 cooperative.
The Regional Administrator also has established the opening dates for
the second HLA directed fisheries as 48 hours after the last closure of
the first HLA fisheries in either area 542 or 543 for those vessels
participating in the Amendment 80 limited access sector. Consequently,
NMFS is opening and closing directed fishing for Atka mackerel in the
HLA of areas 542 and 543 in accordance with the periods listed under
Table 1 of this notice.
[[Page 45380]]
Table 1--Effective Dates and Times
----------------------------------------------------------------------------------------------------------------
Effective Date\1\
Action Area -----------------------------------------
From To
----------------------------------------------------------------------------------------------------------------
Prohibiting Atka mackerel by vessels Eastern Aleutian 1200 hrs, September 1200 hrs, November
participating in the BSAI trawl limited District and the 1, 2009 1, 2009
access fishery Bering Sea subarea
----------------------------------------------------------------------------------------------------------------
Opening the first and second directed 542 and 543 1200 hrs, September 1200 hrs, September
fisheries in the HLA for the Amendment 80 542 and 543 3, 2009 17, 2009
cooperative 1200 hrs, September 1200 hrs, October
17, 2009 1, 2009
----------------------------------------------------------------------------------------------------------------
Opening the first and second directed 542 and 543 1200 hrs, September 1200 hrs, September
fisheries in the HLA for vessels 542 and 543 3, 2009 12, 2009
participating in the Amendment 80 limited 1200 hrs, September 1200 hrs, September
access sector 14, 2009 23, 2009
----------------------------------------------------------------------------------------------------------------
Opening the first directed fishery in the HLA 542 1200 hrs, September 1200 hrs, September
for vessels participating in the BSAI trawl 3, 2009 8, 2009
limited access sector
----------------------------------------------------------------------------------------------------------------
\1\ Alaska local time
In accordance with Sec. 679.20(a)(8)(iii)(A) and Sec.
679.20(a)(8)(iii)(B), vessels using trawl gear for directed fishing for
Atka mackerel have previously registered with NMFS to fish in the HLA
fisheries in areas 542 and 543. NMFS has randomly assigned each vessel
to the directed fishery or fisheries for which they have registered.
NMFS has notified each vessel owner as to which fishery each vessel has
been assigned by NMFS (74 FR 40523, August 12, 2009).
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 B season allowance of the
2009 TACs in areas 542 and 543 are 5,039 mt and 2,783 mt, respectively,
for vessels participating in the Amendment 80 limited access fishery.
The HLA limits of the B season allowance of the 2009 TACs in areas 542
and 543 are 3,314 mt and 1,739 mt, respectively, for Amendment 80
cooperatives. The HLA limit of the B season allowance of the 2009 TAC
in area 542 is 348 mt for the BSAI trawl limited access fishery. 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 areas 542 and 543 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 areas 542 and 543 in
accordance with the dates and times listed in Table 1 of this notice.
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 closure of the Atka mackerel fishery in the Eastern
Aleutian District and the Bering Sea subarea for vessels participating
in the BSAI trawl limited access fishery and the opening and closing of
the fisheries for the HLA limits established for area 542 and area 543
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 August 27, 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: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-21171 Filed 8-28-09; 4:15 pm]
BILLING CODE 3510-22-S