[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8216-8217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XN38


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 announcing the opening and closing dates of the Atka 
mackerel directed fisheries within the harvest limit area (HLA) in 
Statistical Area 542. This action is necessary to fully use the 2009 A 
season HLA limits of Atka mackerel in Statistical Area 542 of the 
Bering Sea and Aleutian Islands.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action. Comments 
must be received at the following address no later than 4:30 p.m., 
A.l.t., March 6, 2009.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XN38, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments. Enter ``N/A'' in the required 
fields, if you wish to remain anonymous. Attachments to electronic 
comments will be accepted in Microsoft

[[Page 8217]]

Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats 
only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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.
    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 A season allowance of the 
2009 TAC in area 542 is 5,039 metric tons (mt) for vessels 
participating in the Amendment 80 limited access fishery and 3,314 mt 
for Amendment 80 cooperative.
    NMFS previously announced the opening and closing dates of the 
first and second directed fisheries within the HLA in Statistical Areas 
542 and 543 (74 FR 5625, January 30, 2009). NMFS has determined that 
approximately 1,930 mt of Atka mackerel remain in the A season HLA 
limit in area 542 for vessels participating in the Amendment 80 limited 
access fishery. NMFS has also determined that approximately 2,367 mt of 
Atka mackerel remain in the A season HLA limit in area 542 for vessels 
participating in the Amendment 80 cooperative. Therefore, in accordance 
with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to 
fully utilize the A season HLA limits of Atka mackerel in area 542, 
NMFS is terminating the previous closures and is opening directed 
fishing for Atka mackerel in the HLA of area 542 in accordance with the 
periods listed under Table 1 of this notice.
    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 area 542 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 area 542 in accordance 
with the dates and times listed in Table 1 of this notice.

                   Table 1. Effective dates and times
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                                               Effective Date\1\
      Action              Area       -----------------------------------
                                            From               To
------------------------------------------------------------------------
Opening the        542                1200 hrs,         1200 hrs,
 directed fishery                      February 18,      February 27,
 in the HLA for                        2009              2009
 the Amendment 80
 limited access
 vessels
 authorized to
 participate in
 the second HLA
 fishery in Area
 542
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Opening the        542                1200 hrs,         1200 hrs,
 directed fishery                      February 18,      February 27,
 in the HLA for                        2009              2009
 the Amendment 80
 cooperative
 vessel
 authorized to
 participate in
 the second HLA
 fishery in Area
 542
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\1\Alaska local time

    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 the opening and closing of the fisheries for the HLA 
limits established for area 542 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). 
Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until March 6, 
2009.
    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: February 19, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3920 Filed 2-19-09; 4:15 pm]
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