Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2009 and 2010 Harvest Specifications for Groundfish; Correction, 5541-5543 [2010-2284]

Download as PDF Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allocation of the 2010 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA is 19,862 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2010) and inseason adjustment (74 FR 68713, December 29, 2009). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allocation of the 2010 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 17,862 mt, and is setting aside the remaining 2,000 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 inshore 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. NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2010 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 31, 2010, through 1200 hrs, A.l.t., September 1, 2010. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance 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 inshore 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 January 28, 2010. 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 or operators of otter trawl vessels fishing for and/or possessing Loligo may use net strengtheners (covers), splitting straps, and/or bull ropes or wire around the entire circumference of the codend, provided they do not have a mesh opening of less than 5 inches (12.7 cm) diamond mesh, inside stretch measure. For the purpose of this requirement, head ropes are not to be considered part of the top of the regulated portion of a trawl net. * * * * * [FR Doc. 2010–2282 Filed 2–2–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 09100091344–9056–02] RIN 0648–XU20 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska WReier-Aviles on DSKGBLS3C1PROD with RULES SUMMARY: VerDate Nov<24>2008 14:52 Feb 02, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 5541 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: January 29, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–2257 Filed 1–29–10; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–0040–03] RIN 0648–XL28 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2009 and 2010 Harvest Specifications for Groundfish; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correcting amendment. SUMMARY: On February 17, 2009, NMFS published the final 2009 and 2010 harvest specifications for groundfish of the Bering Sea and Aleutian Islands (BSAI) management area. Table 8c of that document contained the final 2009 and 2010 prohibited species bycatch allowances for the BSAI trawl limited access sector and non-trawl fisheries of the BSAI management area. That table contained an error that is corrected in this rule. DATES: Effective 1200 hrs, Alaska local time (A.l.t.) February 3, 2010, through 2400 hrs, A.l.t., December 31, 2010. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the Fisheries Management Plan (FMP) for groundfish of the BSAI and govern the groundfish fisheries in the BSAI. The North Pacific Fishery Management Council (Council) prepared the FMP, and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). General regulations governing U.S. fisheries also appear at 50 CFR part 600. On February 17, 2009 (74 FR 7359) NMFS published harvest specifications E:\FR\FM\03FER1.SGM 03FER1 5542 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations for groundfish of the BSAI that included Table 8c, which allocated the final 2009 and 2010 prohibited species bycatch allowances for the BSAI trawl limited access sector and non-trawl fisheries of the BSAI management area. However, NMFS inadvertently left out the date of April 15, 2010, associated with the 2010 allocation of halibut mortality for the rockfish fishery category for the BSAI trawl limited access sector. This document corrects the error and republishes Table 8c in its entirety. Without this correction, the rockfish fishery for this sector opened on January 20, 2010, instead of April 15, 2010, as intended by the Council and NMFS to address operational issues raised by the fisheries participants. Correction Accordingly, the revised Table 8c from the temporary rule (FR Doc. E9– 3297) published on February 17, 2009, at 74 FR 7359, is corrected as follows: On page 7371, Table 8c is corrected and republished in its entirety to read as follows: TABLE 8C—FINAL 2009 AND 2010 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR AND NON-TRAWL FISHERIES Prohibited species and area 1 BSAI trawl limited access fisheries Red king crab (animals) Zone 1 Halibut mortality (mt) BSAI C. opilio (animals) COBLZ C. bairdi (animals) Zone 1 Zone 2 Yellowfin sole ....................................................... 187 47,397 1,176,494 346,228 1,185,500 Rock sole/flathead sole/other flatfish 2 ................. 0 0 0 0 0 Turbot/arrowtooth/sablefish 3 ............................... 0 0 0 0 0 Rockfish (in 2010 April 15–December 31) .......... 5 0 2,000 60,000 1,000 Pacific cod ............................................................ 508 6,000 50,000 60,000 50,000 Pollock/Atka mackerel/other species 4 ................. 175 400 20,000 5000 5,000 Total BSAI trawl limited access PSC ........... 875 53,797 1,248,494 411,228 1,241,500 Non-trawl fisheries Catcher processor Catcher vessel Pacific cod—Total ................................................ 760 15 January 1–June 10 ............................................... June 10–August 15 .............................................. August 15–December 31 ..................................... 314 0 446 10 3 2 Other non-trawl—Total ......................................... May 1–December 31 ..................................... 58 58 Groundfish pot and jig .......................................... Exempt Sablefish hook-and-line ........................................ Exempt Total non-trawl PSC ...................................... 833 1 Refer to § 679.2 for definitions of areas. 2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder. 3 Greenland turbot, arrowtooth flounder, and sablefish fishery category. 4 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, and octopus. WReier-Aviles on DSKGBLS3C1PROD with RULES Classification This action is authorized under 50 CFR 679.20 and is exempt from review under E.O. 12866. Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator of Fisheries (AA) finds good cause to waive prior notice and opportunity for public comment, as notice and comment would be impracticable and contrary to the public interest. Through this action, NOAA seeks to correct the inadvertent omission of the 2010 dates associated with the allocation of halibut mortality for the rockfish category for the BSAI VerDate Nov<24>2008 14:52 Feb 02, 2010 Jkt 220001 trawl limited access sector. Prior notice and an opportunity for public comment on this action would be impracticable and contrary to the public interest for the following reasons: Corrections to ensure the rule’s compliance with the intent of the Council and NMFS to address operational issues raised by fisheries participants must be made immediately; since the rockfish fishery for this sector opened prematurely, on January 20, 2010, instead of the intended date of April 15, 2010. A premature opening of the fishery would fail to limit directed fishing for rockfish PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 to a time period when all interested participants would have equal opportunity to participate and would unfairly advantage some participants at the expense of other participants. Additionally, this correction must be made immediately in order to give the regulated community as much time as is practical to plan upcoming fishing activities. As such, prior notice and an opportunity for public comment on these measures are impracticable and contrary to the public interest because NMFS only recently discovered these errors and must ensure the timely, E:\FR\FM\03FER1.SGM 03FER1 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations WReier-Aviles on DSKGBLS3C1PROD with RULES uninterrupted, comprehensive and rational management of the fisheries consistent with the Magnuson-Stevens Act. Additionally, for the reasons listed above, the AA finds good cause to waive the 30-day delay in the effective date under 5 U.S.C. 553(d)(3), as such VerDate Nov<24>2008 14:52 Feb 02, 2010 Jkt 220001 procedures would be contrary to the public interest. 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. PO 00000 Frm 00057 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 1801 et seq. Dated: January 28, 2010. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2010–2284 Filed 2–2–10; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\03FER1.SGM 03FER1 5543

Agencies

[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Rules and Regulations]
[Pages 5541-5543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2284]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-0040-03]
RIN 0648-XL28

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2009 and 2010 Harvest Specifications for
Groundfish; Correction

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

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On February 17, 2009, NMFS published the final 2009 and 2010
harvest specifications for groundfish of the Bering Sea and Aleutian
Islands (BSAI) management area. Table 8c of that document contained the
final 2009 and 2010 prohibited species bycatch allowances for the BSAI
trawl limited access sector and non-trawl fisheries of the BSAI
management area. That table contained an error that is corrected in
this rule.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.) February 3, 2010,
through 2400 hrs, A.l.t., December 31, 2010.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the Fisheries Management Plan (FMP) for groundfish of the
BSAI and govern the groundfish fisheries in the BSAI. The North Pacific
Fishery Management Council (Council) prepared the FMP, and NMFS
approved it under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). General regulations governing
U.S. fisheries also appear at 50 CFR part 600.
On February 17, 2009 (74 FR 7359) NMFS published harvest
specifications

[[Page 5542]]

for groundfish of the BSAI that included Table 8c, which allocated the
final 2009 and 2010 prohibited species bycatch allowances for the BSAI
trawl limited access sector and non-trawl fisheries of the BSAI
management area. However, NMFS inadvertently left out the date of April
15, 2010, associated with the 2010 allocation of halibut mortality for
the rockfish fishery category for the BSAI trawl limited access sector.
This document corrects the error and republishes Table 8c in its
entirety. Without this correction, the rockfish fishery for this sector
opened on January 20, 2010, instead of April 15, 2010, as intended by
the Council and NMFS to address operational issues raised by the
fisheries participants.

Correction

Accordingly, the revised Table 8c from the temporary rule (FR Doc.
E9-3297) published on February 17, 2009, at 74 FR 7359, is corrected as
follows:
On page 7371, Table 8c is corrected and republished in its entirety
to read as follows:

Table 8c--Final 2009 and 2010 Prohibited Species Bycatch Allowances for the Bsai Trawl Limited Access Sector and Non-Trawl Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
----------------------------------------------------------------------------------------
BSAI trawl limited access fisheries Red king crab C. opilio C. bairdi (animals)
Halibut mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole................................................. 187 47,397 1,176,494 346,228 1,185,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rock sole/flathead sole/other flatfish \2\..................... 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Turbot/arrowtooth/sablefish \3\................................ 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rockfish (in 2010 April 15-December 31)........................ 5 0 2,000 60,000 1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.................................................... 508 6,000 50,000 60,000 50,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock/Atka mackerel/other species \4\........................ 175 400 20,000 5000 5,000
-----------------------------------------
Total BSAI trawl limited access PSC........................ 875 53,797 1,248,494 411,228 1,241,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

Non-trawl fisheries Catcher Catcher
processor vessel
--------------------------------------------------------------------------------------
Pacific cod--Total........................................... 760 15
--------------------------------------------------------------------------------------
January 1-June 10............................................ 314 10
June 10-August 15............................................ 0 3
August 15-December 31........................................ 446 2
--------------------------------------------------------------------------------------
Other non-trawl--Total....................................... 58
May 1-December 31........................................ 58
--------------------------------------------------------------------------------------
Groundfish pot and jig....................................... Exempt
--------------------------------------------------------------------------------------
Sablefish hook-and-line...................................... Exempt
------------------------
Total non-trawl PSC...................................... 833
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot,
rock sole, yellowfin sole, and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\4\ ``Other species'' for PSC monitoring includes sculpins, sharks, skates, and octopus.

Classification

This action is authorized under 50 CFR 679.20 and is exempt from
review under E.O. 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator
of Fisheries (AA) finds good cause to waive prior notice and
opportunity for public comment, as notice and comment would be
impracticable and contrary to the public interest. Through this action,
NOAA seeks to correct the inadvertent omission of the 2010 dates
associated with the allocation of halibut mortality for the rockfish
category for the BSAI trawl limited access sector. Prior notice and an
opportunity for public comment on this action would be impracticable
and contrary to the public interest for the following reasons:
Corrections to ensure the rule's compliance with the intent of the
Council and NMFS to address operational issues raised by fisheries
participants must be made immediately; since the rockfish fishery for
this sector opened prematurely, on January 20, 2010, instead of the
intended date of April 15, 2010. A premature opening of the fishery
would fail to limit directed fishing for rockfish to a time period when
all interested participants would have equal opportunity to participate
and would unfairly advantage some participants at the expense of other
participants. Additionally, this correction must be made immediately in
order to give the regulated community as much time as is practical to
plan upcoming fishing activities. As such, prior notice and an
opportunity for public comment on these measures are impracticable and
contrary to the public interest because NMFS only recently discovered
these errors and must ensure the timely,

[[Page 5543]]

uninterrupted, comprehensive and rational management of the fisheries
consistent with the Magnuson-Stevens Act.
Additionally, for the reasons listed above, the AA finds good cause
to waive the 30-day delay in the effective date under 5 U.S.C.
553(d)(3), as such procedures would be contrary to the public interest.
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.

Authority: 16 U.S.C. 1801 et seq.

Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-2284 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-P

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