[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Rules and Regulations]
[Pages 51514-51515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24170]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XS03


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Aleutian Islands 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Greenland turbot in the 
Aleutian Islands subarea. This action is necessary to allow the 
fisheries to continue operating. It is intended to promote the goals 
and objectives of the fishery management plan for the BSAI.

DATES: Effective October 2, 2009 through 2400 hrs, Alaska local time, 
December 31, 2009. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, October 19, 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 0648-
XS03, 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 9th 
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: Patty Britza, 907-586-7376.

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 ITAC of Greenland turbot in the Aleutian Islands subarea 
was established as 1,947 metric tons (mt) by the final 2009 and 2010 
harvest specifications for groundfish of the BSAI (74 FR 7359, February 
17, 2009). In accordance with Sec.  679.20(a)(3) the Regional 
Administrator, Alaska Region, NMFS, has reviewed the most current 
available data and finds that the ITAC for Greenland turbot in the 
Aleutian Islands subarea needs to be supplemented from the non-
specified reserve in order to promote efficiency in the utilization of 
fishery resources in the BSAI and allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 343 mt to the Greenland 
turbot ITAC in the Aleutian Islands subarea. This apportionment is 
consistent with Sec.  679.20(b)(1)(i) and does not result in 
overfishing of a target species because the revised ITAC is equal to or 
less than the specifications of the acceptable biological catch in the 
final 2009 and 2010 harvest specifications for groundfish in the BSAI 
(74 FR 7359, February 17, 2009).
    The harvest specification for Greenland turbot included in the 
harvest specifications for groundfish in the BSAI (74 FR 7359, February 
17, 2009) for the 2009 ITAC is revised as follows: 2,290 mt for 
Greenland turbot in the Aleutian Islands subarea.

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) and Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the Greenland turbot fishery in the Aleutian 
Islands subarea. Immediate notification is necessary to allow for the 
orderly conduct and efficient operation of this fishery, to allow the 
industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet and processors. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of September 29, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until October 
19, 2009.

[[Page 51515]]

    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: October 1, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-24170 Filed 10-7-09; 8:45 am]
BILLING CODE 3510-22-S