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]

Download as PDF 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 * * * * (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. * * * * * 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. * * * * * Identification of plan. * * * * * (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. * * * * * (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. * * * * * (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. * * * * * [FR Doc. E9–24191 Filed 10–7–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 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 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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] BILLING CODE 3510–22–P E:\FR\FM\08OCR1.SGM 08OCR1

Agencies

[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.

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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]
BILLING CODE 3510-22-P