[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Page 8881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4268]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XN52


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel by Vessels in the Amendment 80 Limited Access Fishery in the 
Eastern Aleutian District and Bering Sea Subarea of the Bering Sea and 
Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel for 
vessels participating in the Amendment 80 limited access A season 
fishery in the Eastern Aleutian District and Bering Sea Subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2009 Atka mackerel allowable catch 
(TAC) specified for vessels participating in the Amendment 80 limited 
access fishery in the Eastern Aleutian District and Bering Sea Subarea 
of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 20, 
2009, through 1200 hrs, A.l.t., September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 Atka mackerel A season TAC allocated to vessels 
participating in the Amendment 80 limited access fishery in the Eastern 
Aleutian District and Bering Sea Subarea of the BSAI is 6,164 metric 
tons as established by the 2009 and 2010 final harvest specifications 
for groundfish in the BSAI (74 FR 7359, February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2009 
Atka mackerel A season TAC allocated to vessels participating in the 
Amendment 80 limited access fishery in the Eastern Aleutian District 
and Bering Sea Subarea of the BSAI will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
6,154 mt and is setting aside the remaining 10 mt as incidental catch 
to support other groundfish fisheries. 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 for vessels participating in the 
Amendment 80 limited access fishery in the Eastern Aleutian District 
and Bering Sea Subarea of the BSAI.
    After the effective date of this closure 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 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 Atka mackerel by vessels participating in 
the Amendment 80 limited access fishery in the Eastern Aleutian 
District and Bering Sea Subarea of the BSAI. NMFS was unable to publish 
a notice providing time for public comment because the most recent, 
relevant data only became available as of February 19, 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.  679.20 and Sec.  679.91 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. E9-4268 Filed 2-24-09; 4:15 pm]
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