[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Rules and Regulations]
[Pages 14493-14494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7178]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO11


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 
Amendment 80 cooperative's Atka mackerel directed fishery within the 
harvest limit area (HLA) in Statistical Areas 542 and 543 (Area 542 and 
Area 543), and the opening and closing dates of the BSAI Trawl Limited 
Access Atka mackerel directed fishery 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 Areas 542 and 543 of 
the Bering Sea and Aleutian Islands management area (BSAI).

DATES: The directed fishery in the HLA for Area 542 by the Amendment 80 
cooperative vessels authorized to participate in the first HLA fishery 
in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009, through 
1200 hrs, A.l.t., April 6, 2009.
    The directed fishery in the HLA for Area 542 by the Amendment 80 
cooperative vessels authorized to participate in the second HLA fishery 
in area 542, opens effective 1200 hrs, A.l.t., April 7, 2009, through 
1200 hrs, A.l.t., April 15, 2009.
    The directed fishery in the HLA for Area 542 by the BSAI Trawl 
Limited Access vessels authorized to participate in the first HLA 
fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009, 
through 1200 hrs, A.l.t., April 6, 2009.
    The directed fishery in the HLA for Area 543 by the Amendment 80 
cooperative vessels authorized to participate in the first HLA fishery 
in Area 543, opens effective 1200 hrs, A.l.t., March 27, 2009, through 
1200 hrs, A.l.t., April 6, 2009.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., April 10, 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-XO11,'' 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 Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

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.
    In accordance with the final 2009 and 2010 harvest specifications 
for groundfish in the BSAI (74 FR 7359, February 17, 2009) the HLA 
limit of the A season allowance of the 2009 TAC for Atka mackerel in 
Area 542 is 3,314 metric tons (mt) and in Area 543 is 1,739 mt for the 
Amendment 80 cooperative. For BSAI trawl Limited Access in Area 542, 
the HLA limit of the A season allowance of the 2009 TAC for Atka 
mackerel is 348 mt. 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) and (74 FR 
8216, February 24, 2009). NMFS has determined that approximately 1,111 
mt of Atka mackerel remain in the A season HLA limit in Area 542 and 
approximately 1,726 mt of Atka mackerel remain in the A season HLA 
limit in Area 543 for vessels participating in the Amendment 80 
cooperative. NMFS has also determined that approximately 273 mt of Atka 
mackerel remain in the A season HLA limit in Area 542 for vessels 
participating in the BSAI Trawl Limited Access fishery. 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 Areas 
542 and 543, NMFS is terminating the previous closures and is opening 
directed fishing for Atka mackerel in the HLA of Areas 542 and 543 for 
Amendment 80 cooperative vessels authorized to participate in the first 
HLA fishery in Areas 542 and 543. NMFS is also terminating the previous 
closure and is opening directed fishing for Atka mackerel in the HLA of 
Area

[[Page 14494]]

542 for BSAI Trawl Limited Access vessels authorized to participate in 
the first HLA fishery in Area 542. In accordance with Sec.  
679.20(a)(8)(iii)(E), the Regional Administrator has established the 
closure dates of the Atka mackerel directed fishery 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 fishery.
    The directed fishery in the HLA for Area 542 by the Amendment 80 
cooperative vessels authorized to participate in the first HLA fishery 
in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009. The HLA 
fishery in Area 542 will remain open until 1200 hrs, A.l.t., April 6, 
2009.
    The directed fishery in the HLA for Area 542 by the Amendment 80 
cooperative vessels authorized to participate in the second HLA fishery 
in Area 542, opens effective 1200 hrs, A.l.t., April 7, 2009. The HLA 
fishery in Area 542 will remain open until 1200 hrs, A.l.t., April 15, 
2009.
    The directed fishery in the HLA for Area 542 by the BSAI Trawl 
Limited Access vessels authorized to participate in the first HLA 
fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009. 
The HLA fishery in Area 542 will remain open until 1200 hrs, A.l.t., 
April 6, 2009.
    The directed fishery in the HLA for Area 543 by the Amendment 80 
cooperative vessels authorized to participate in the first HLA fishery 
in area 543, opens effective 1200 hrs, A.l.t., March 27, 2009. The HLA 
fishery in Area 543 will remain open until 1200 hrs, A.l.t., April 6, 
2009.
    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 opening and closing of the fishery for the HLA limit 
established for Areas 542 and 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 March 23, 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 April 10, 
2009.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: March 25, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-7178 Filed 3-26-09; 4:15 am]
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