[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Rules and Regulations]
[Pages 5625-5627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2027]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM81


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.

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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) for vessels participating 
in the BSAI trawl limited access fishery. This action is necessary to 
prevent exceeding the 2009 A season total allowable catch (TAC) of Atka 
mackerel in these areas for 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 Statistical 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: Mary Furuness, 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 A season 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 244 metric tons (mt) by 
the final 2008 and 2009 harvest specifications for groundfish in the 
BSAI (73 FR 10160, February 26, 2008) and as posted as the 2009 
Allocations at http://alaskafisheries.noaa.gov/sustainablefisheries/amds/80/2009allocationtables.pdf.
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 244 mt of the 2009 A season Atka mackerel TAC for 
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

[[Page 5626]]

allowance of 0 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 for vessels participating in the A season 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 Island 
District and the Bering Sea subarea. The Regional Administrator has 
established the opening date for the second HLA directed fisheries as 
48 hours after the last closure of the first HLA fisheries in either 
area 542 or 543. 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.

                   Table 1. Effective dates and times
------------------------------------------------------------------------
                                               Effective Date\1\
      Action              Area       -----------------------------------
                                            From               To
------------------------------------------------------------------------
Closing Atka       Eastern Aleutian   1200 hrs,         1200 hrs,
 Mackerel for       District (541)     January 20,       September 1,
 vessels            and the Bering     2009              2009
 participating in   Sea subarea
 the BSAI trawl
 limited access
 fishery
------------------------------------------------------------------------
Opening the first  542                1200 hrs,         1200 hrs,
 and second                            January 22,       February 3,
 directed fishery                      2009              2009
 in the HLA for
 the Amendment 80
 cooperative
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       February 5,       February 17,
                                       2009              2009
------------------------------------------------------------------------
Opening the first  542 and 543        1200 hrs,         1200 hrs,
 and second                            January 22,       February 1,
 directed fishery                      2009              2009
 in the HLA for
 vessels
 participating in
 the Amendment 80
 limited access
 sector
                  ------------------------------------------------------
                   542 and 543        1200 hrs,         1200 hrs,
                                       February 3,       February 13,
                                       2009              2009
------------------------------------------------------------------------
Opening the first  542                1200 hrs,         1200 hrs,
 directed fishery                      January 22,       February 3,
 in the HLA for                        2009              2009
 the vessel
 participating in
 the BSAI trawl
 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 1946, January 14, 2009) and in an upcoming 
(January 2009, RIN 0648-XM68) correction. The correction's publication 
date and page number are unknown at this time.
    In accordance with the final 2008 and 2009 harvest specifications 
for groundfish in the BSAI (73 FR 10160, February 26, 2008) and 
correction (73 FR 47559, August 14, 2008), and Sec.  
679.20(a)(8)(ii)(C)(1), the HLA limits of the A season allowance of the 
2009 TACs in areas 542 and 543 are 2,943 mt and 2,179 mt, respectively, 
for vessels participating in the Amendment 80 limited access fishery. 
The HLA limits of the A season allowance of the 2009 TACs in areas 542 
and 543 are 1,941 mt and 1,355 mt, respectively, for Amendment 80 
cooperatives. The HLA limit of the A season allowance of the 2009 TAC 
in area 542 is 203 mt for the BSAI trawl limited access vessel. 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 January 14, 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.

[[Page 5627]]

    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: January 15, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-2027 Filed 1-27-09; 4:15 pm]
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