[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8882-8883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM68


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel Lottery in Areas 542 and 543; Correction

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

ACTION: Correction of fishery assignments.

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SUMMARY: On January 14, 2009, NMFS published a rule (74 FR 1946) that 
notified owners and operators of registered vessels of their 
assignments for the 2009 A season Atka mackerel fishery in harvest 
limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). Subsequent to 
the issuance of that notice, NMFS learned that several applicants for 
federal fisheries permits inadvertently selected the endorsement for 
the directed Atka mackerel fisheries inside the HLA in the Aleutian 
Islands subarea. This resulted in NMFS assigning those vessels to the 
HLA directed fishery for Atka mackerel. NMFS is hereby correcting the 
previous notice to the owners and operators of registered vessels of 
their assignments for the 2009 A season Atka mackerel fishery in 
harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea 
of the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the correct vessels to participate the 
harvest of the 2009 A season HLA limits established for area 542 and 
area 543 pursuant to the 2008 and 2009 harvest specifications for 
groundfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 24, 
2009, until 1200 hrs, A.l.t., April 15, 2009.

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

SUPPLEMENTARY INFORMATION:

Background

    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 Sec.  679.20(a)(8)(iii)(A), owners and operators 
of vessels using trawl gear for directed fishing for Atka mackerel in 
the HLA are required to register with NMFS. Eight vessels have 
registered with NMFS to fish in the A season HLA fisheries in areas 542 
and/or 543. In accordance with Sec.  679.20(a)(8)(iii)(B), the 
Administrator, Alaska Region, NMFS, has randomly assigned each vessel 
to the HLA directed fishery for Atka mackerel for which they have 
registered and is now notifying each vessel of its assignment in 
accordance with Sec.  679.20(a)(8)(iii).

Correction

    The final rule, identified as FR Doc. E9-606 that published in the 
Federal Register on January 14, 2009 (74 FR 1946) is corrected by 
removing six of the fourteen vessels that registered with NMFS to fish 
in the A season HLA fisheries in areas 542 and/or 543 as follows.
    1. On page 1946, in column 3, in the second paragraph on line 6, 
the number ``Fourteen'' is corrected to read ``Eight''.
    2. On page 1947, in column 1, in the second paragraph on lines 6 
through 9, the vessels ``Federal Fishery Permit number (FFP) 2134 Ocean 
Peace, FFP 2733 Seafreeze Alaska, FFP 3694 Arica, and FFP 3835 
Seafisher'' are corrected to read ``Federal Fishery Permit number (FFP) 
2134 Ocean Peace and FFP 2733 Seafreeze Alaska''.
    3. On page 1947, in column 2, in the third paragraph on lines 4 
through 6, the vessels ``FFP 480 Muir Milach and FFP 11770 Alaska 
Knight'' are corrected to read ``FFP 11770 Alaska Knight''.
    4. On page 1947, in column 2, paragraph 4 is removed.

Fishery Assignments

    For the Amendment 80 cooperative, the vessels authorized to 
participate in the first HLA directed fishery in area 542 and the 
second HLA directed fishery in area 543 are as follows: Federal Fishery 
Permit number (FFP) 2134 Ocean Peace and FFP 2733 Seafreeze Alaska.

[[Page 8883]]

    For the Amendment 80 cooperative, the vessels authorized to 
participate in the first HLA directed fishery in area 543 and the 
second HLA directed fishery in area 542 are as follows: FFP 3835 
Seafisher.
    For the Amendment 80 limited access sector, vessels authorized to 
participate in the first HLA directed fishery in area 542 and in the 
second HLA directed fishery in area 543 are as follows: FFP 2443 Alaska 
Juris and FFP 3819 Alaska Spirit.
    For the Amendment 80 limited access sector, the vessels authorized 
to participate in the first HLA directed fishery in area 543 and the 
second HLA directed fishery in area 542 are as follows: FFP 3423 Alaska 
Warrior and FFP 4093 Alaska Victory.
    For the BSAI trawl limited access sector, the vessel authorized to 
participate in the first HLA directed fishery in area 542 is as 
follows: FFP 11770 Alaska Knight.
    This action removes six vessels that registered with NMFS to fish 
in the A season HLA fisheries in areas 542 and/or 543 and does not 
otherwise change the requirements in the January 14, 2009 (74 FR 1946) 
temporary rule.

Classification

    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 unnecessary. This notice merely 
advises the owners of these vessels of the results of a random 
assignment required by regulation. The notice needs to occur 
immediately to notify the owner of each vessel of its assignment to 
allow these vessel owners to plan for participation in the A season HLA 
fisheries in area 542 and area 543.
    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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 23, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4264 Filed 2-24-09; 4:15 pm]
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