[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Rules and Regulations]
[Pages 45379-45380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XR36


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) by vessels participating in 
the BSAI trawl limited access fishery. This action is necessary to 
prevent exceeding the 2009 total allowable catch (TAC) of Atka mackerel 
in these areas by 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 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: Obren Davis, 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 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 952 metric tons (mt) by the final 
2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 
7359, February 17, 2009).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 5 mt of the 2009 Atka mackerel TAC allocated to 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 allowance of 947 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 by vessels participating in the 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 District and 
the Bering Sea subarea. The Regional Administrator has established the 
opening dates for the second HLA directed fisheries as immediately 
after the last closure of the first HLA fisheries in either area 542 or 
543 for those vessels participating in the Amendment 80 cooperative. 
The Regional Administrator also has established the opening dates for 
the second HLA directed fisheries as 48 hours after the last closure of 
the first HLA fisheries in either area 542 or 543 for those vessels 
participating in the Amendment 80 limited access sector. 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.

[[Page 45380]]



                                       Table 1--Effective Dates and Times
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                                                                                    Effective Date\1\
                    Action                               Area          -----------------------------------------
                                                                                From                  To
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Prohibiting Atka mackerel by vessels            Eastern Aleutian        1200 hrs, September  1200 hrs, November
 participating in the BSAI trawl limited         District and the                  1, 2009              1, 2009
 access fishery                                  Bering Sea subarea
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Opening the first and second directed           542 and 543             1200 hrs, September  1200 hrs, September
 fisheries in the HLA for the Amendment 80      542 and 543                        3, 2009             17, 2009
 cooperative                                                            1200 hrs, September   1200 hrs, October
                                                                                  17, 2009              1, 2009
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Opening the first and second directed           542 and 543             1200 hrs, September  1200 hrs, September
 fisheries in the HLA for vessels               542 and 543                        3, 2009             12, 2009
 participating in the Amendment 80 limited                              1200 hrs, September  1200 hrs, September
 access sector                                                                    14, 2009             23, 2009
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Opening the first directed fishery in the HLA   542                     1200 hrs, September  1200 hrs, September
 for vessels participating in the BSAI trawl                                       3, 2009              8, 2009
 limited access sector
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\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 40523, August 12, 2009).
    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 B season allowance of the 
2009 TACs in areas 542 and 543 are 5,039 mt and 2,783 mt, respectively, 
for vessels participating in the Amendment 80 limited access fishery. 
The HLA limits of the B season allowance of the 2009 TACs in areas 542 
and 543 are 3,314 mt and 1,739 mt, respectively, for Amendment 80 
cooperatives. The HLA limit of the B season allowance of the 2009 TAC 
in area 542 is 348 mt for the BSAI trawl limited access fishery. 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 August 27, 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 is exempt from review 
under Executive Order 12866.

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

    Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-21171 Filed 8-28-09; 4:15 pm]
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