Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 51798-51799 [E9-24282]
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51798
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by:
a. Revising paragraph (c)(38)(i)(A);
b. Adding paragraph (c)(38)(i)(A)(1);
and
■ c. Adding paragraph (c)(50)(ii)(A)(1).
The revision and additions read as
follows:
■
■
■
§ 52.120
srobinson on DSKHWCL6B1PROD with RULES
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(c) * * *
(38) * * *
(i) * * *
(A) New or amended Regulation 10:
Rules 101–103; Regulation 11: Rules
111–113; Regulation 12: Rules 121–123;
Regulation 13: Rules 131–137;
Regulation 14: Rules 141 and 143–147;
Regulation 15: Rule 151; Regulation 16:
Rules 161–165; Regulation 17: Rules
172–174; Regulation 18: Rules 181 and
182; Regulation 20: Rules 201–205;
Regulation 21: Rules 211–215;
Regulation 22: Rules 221–226;
Regulation 23: Rules 231–232;
Regulation 24: Rules 241 and 243–248;
Regulation 25: Rules 251 and 252;
Regulation 30: Rules 301 and 302;
Regulation 31: Rules 312–316 and 318;
Regulation 32: Rule 321; Regulation 33:
Rules 331 and 332; Regulation 34: Rules
341–344; Regulation 40: Rules 402 and
403; Regulation 41: 411–413; Regulation
50: Rules 501–503 and 505–507;
Regulation 51: Rules 511 and 512;
Regulation 60: Rule 601; Regulation 61:
Rule 611 (Paragraph A.1 to A.3) and
Rule 612; Regulation 62: Rules 621–624;
Regulation 63: Rule 631; Regulation 64:
Rule 641; Regulation 70: Rules 701–705
and 706 (Paragraphs A to C, D.3, D.4,
and E); Regulation 71: Rules 711–714;
Regulation 72: Rules 721 and 722;
Regulation 80: Rules 801–804;
Regulation 81: Rule 811; Regulation 82:
Rules 821–823; Regulation 90: Rules
901–904; Regulation 91: Rule 911
(except Methods 13–A, 13–B, 14, and
15), and Rules 912 and 913; Regulation
92: Rules 921–924; and Regulation 93:
Rules 931 and 932.
(1) Previously approved on April 16,
1982 in paragraph (c)(38)(i)(A) of this
section and now deleted from the SIP
without replacement Pima County
Health Department Regulations:
Regulation 13: Rules 131–137;
Regulation 16: Rule 164; Regulation 18:
Rules 181 and 182; Regulation 20: Rule
205; Regulation 21: Rule 214; and
Regulation 24: Rules 245–248.
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VerDate Nov<24>2008
16:37 Oct 07, 2009
Jkt 220001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XS12
Subpart DD—Nevada
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Yellowfin Sole in the Bering Sea and
Aleutian Islands Management Area
3. Section 52.1470 is amended by:
■ a. Adding paragraphs (c)(2)(i),
(c)(14)(vii)(A), (c)(16)(viii)(D), and
(c)(16)(ix)(A) to read as follows:
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
§ 52.1470
SUMMARY: NMFS is reallocating the
projected unused amount of the 2009
yellowfin sole total allowable catch
(TAC) assigned to the Bering Sea and
Aleutian Islands trawl limited access
sector to the Amendment 80 cooperative
in the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to allow the 2009 total
allowable catch of yellowfin sole to be
fully harvested.
DATES: Effective October 5, 2009,
through 2400 hrs, Alaska local time
(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 yellowfin sole TAC assigned
to the Bering Sea and Aleutian Islands
trawl limited access sector is 39,154
metric tons (mt) and to the Amendment
80 cooperative is 87,987 mt in the BSAI
as established by the final 2009 and
2010 harvest specifications for
groundfish in the BSAI (74 FR 7359,
February 17, 2009).
The Administrator, Alaska Region,
NMFS, has determined that 6,000 mt of
the yellowfin sole TAC assigned to the
BSAI trawl limited access sector will
not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 6,000 mt of yellowfin sole
from the BSAI trawl limited access
sector to the Amendment 80 cooperative
■
Identification of plan.
*
(50) * * *
(ii) * * *
(A) * * *
(1) Previously approved on June 18,
1982 in paragraph (c)(50)(ii)(A) of this
section and now deleted from the SIP
without replacement Arizona Revised
Statutes: sections 36–770, 36–774, 36–
775, 36–776, 36–777, and 36–779.
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Identification of plan.
*
*
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(c) * * *
(2) * * *
(i) Previously approved on July 27,
1972 in paragraph (c)(2) of this section
and now deleted from the SIP without
replacement Washoe County Air Quality
Regulations: Rules 020.020, 020.030,
020.075, and 040.055.
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(14) * * *
(vii) * * *
(A) Previously approved on August
27, 1981 in paragraph (c)(14)(vii) of this
section and now deleted from the SIP
without replacement Nevada Air
Quality Regulations: Rule 2.11.7.
*
*
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(16) * * *
(viii) * * *
(D) Previously approved on August
27, 1981 in paragraph (c)(16)(viii) of this
section and now deleted from the SIP
without replacement Nevada Air
Quality Regulations: Clark County
District Board of Health Air Pollution
Control Regulations: Section 3, Rule 3.1.
(ix) * * *
(A) Previously approved on August
27, 1981 in paragraph (c)(16)(ix) of this
section and now deleted from the SIP
without replacement Washoe County
Air Quality Regulations: Rules
030.3105, 030.3107, and 030.3108.
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[FR Doc. E9–24191 Filed 10–7–09; 8:45 am]
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51799
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
in the BSAI. In accordance with
§ 679.91(f), NMFS will reissue
cooperative quota permits for the
reallocated yellowfin sole following the
procedures set forth in § 679.91(f)(3).
The harvest specifications for
yellowfin sole included in the harvest
specifications for groundfish in the
BSAI (74 FR 7359, February 17, 2009)
are corrected as follows: 33,154 mt to
the BSAI trawl limited access sector and
93,987 mt to the Amendment 80
cooperative in the BSAI. Table 7a is
corrected as set forth below:
TABLE 7a—FINAL 2009 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Amendment 80 limited access .................
Amendment 80 cooperatives ...................
4,200
449
100
365
3,286
1,742
1,543
This will enhance the socioeconomic
well-being of harvesters dependent
upon yellowfin sole in this area. The
Regional Administrator considered the
following factors in reaching this
decision: (1) The current catch of
yellowfin sole by the BSAI trawl limited
access sector and, (2) the harvest
capacity and stated intent on future
harvesting patterns of the Amendment
80 cooperative that participates in this
BSAI fishery.
Classification
srobinson on DSKHWCL6B1PROD 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
VerDate Nov<24>2008
17:21 Oct 07, 2009
Jkt 220001
Central
Aleutian
district
Flathead sole
Western
Aleutian
district
4,260
456
10
379
3,415
1,811
1,604
6,520
698
10
116
5,696
3,020
2,676
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 reallocation of yellowfin sole
from the BSAI trawl limited access
sector to the Amendment 80 cooperative
in the BSAI. Since the fishery is
currently open, it is important to
immediately inform the industry as to
the revised allocations. Immediate
notification is necessary to allow for the
orderly conduct and efficient operation
of this fishery, to allow the industry to
plan for the fishing season, and to avoid
potential disruption to the fishing fleet
as well as processors. NMFS was unable
to publish a notice providing time for
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Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
60,000
6,420
4,500
0
49,080
5,729
43,351
90,000
9,630
5,000
0
75,370
18,559
56,811
210,000
22,470
2,000
33,154
146,376
58,389
93,987
public comment because the most
recent, relevant data only became
available as of October 1, 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 § 679.91
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 5, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–24282 Filed 10–5–09; 4:15 pm]
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[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Rules and Regulations]
[Pages 51798-51799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24282]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XS12
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Yellowfin Sole 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; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amount of the 2009
yellowfin sole total allowable catch (TAC) assigned to the Bering Sea
and Aleutian Islands trawl limited access sector to the Amendment 80
cooperative in the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to allow the 2009 total allowable
catch of yellowfin sole to be fully harvested.
DATES: Effective October 5, 2009, through 2400 hrs, Alaska local time
(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 yellowfin sole TAC assigned to the Bering Sea and Aleutian
Islands trawl limited access sector is 39,154 metric tons (mt) and to
the Amendment 80 cooperative is 87,987 mt in the BSAI as established by
the final 2009 and 2010 harvest specifications for groundfish in the
BSAI (74 FR 7359, February 17, 2009).
The Administrator, Alaska Region, NMFS, has determined that 6,000
mt of the yellowfin sole TAC assigned to the BSAI trawl limited access
sector will not be harvested. Therefore, in accordance with Sec.
679.91(f), NMFS reallocates 6,000 mt of yellowfin sole from the BSAI
trawl limited access sector to the Amendment 80 cooperative
[[Page 51799]]
in the BSAI. In accordance with Sec. 679.91(f), NMFS will reissue
cooperative quota permits for the reallocated yellowfin sole following
the procedures set forth in Sec. 679.91(f)(3).
The harvest specifications for yellowfin sole included in the
harvest specifications for groundfish in the BSAI (74 FR 7359, February
17, 2009) are corrected as follows: 33,154 mt to the BSAI trawl limited
access sector and 93,987 mt to the Amendment 80 cooperative in the
BSAI. Table 7a is corrected as set forth below:
Table 7a--Final 2009 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 4,200 4,260 6,520 60,000 90,000 210,000
CDQ..................................................... 449 456 698 6,420 9,630 22,470
ICA..................................................... 100 10 10 4,500 5,000 2,000
BSAI trawl limited access............................... 365 379 116 0 0 33,154
Amendment 80............................................ 3,286 3,415 5,696 49,080 75,370 146,376
Amendment 80 limited access............................. 1,742 1,811 3,020 5,729 18,559 58,389
Amendment 80 cooperatives............................... 1,543 1,604 2,676 43,351 56,811 93,987
--------------------------------------------------------------------------------------------------------------------------------------------------------
This will enhance the socioeconomic well-being of harvesters
dependent upon yellowfin sole in this area. The Regional Administrator
considered the following factors in reaching this decision: (1) The
current catch of yellowfin sole by the BSAI trawl limited access sector
and, (2) the harvest capacity and stated intent on future harvesting
patterns of the Amendment 80 cooperative that participates in this BSAI
fishery.
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 reallocation of yellowfin sole from the BSAI trawl
limited access sector to the Amendment 80 cooperative in the BSAI.
Since the fishery is currently open, it is important to immediately
inform the industry as to the revised allocations. Immediate
notification is necessary to allow for the orderly conduct and
efficient operation of this fishery, to allow the industry to plan for
the fishing season, and to avoid potential disruption to the fishing
fleet as well as processors. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of October 1, 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. 679.91 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 5, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-24282 Filed 10-5-09; 4:15 pm]
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