[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Rules and Regulations]
[Pages 67138-67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0912011420-91423-01]
RIN 0648-AY39


Fisheries of the Exclusive Economic Zone Off Alaska, Steller Sea 
Lions; Correction

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

ACTION: Correcting amendments.

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SUMMARY:  This action makes a correction to regulations at 50 CFR part 
679. It corrects a final rule that erroneously removed regulations in 
50 CFR part 679 concerning the harvest limit area for Atka mackerel in 
the Aleutian Islands. NMFS intended this final rule to modify 
regulations detailing management of Atka mackerel total allowable 
catch. However, due to incorrect instructions in the regulatory text, 
NMFS inadvertently removed the regulations governing Atka mackerel 
management in the harvest limitation area. This correcting amendment 
reinstates those regulations.

DATES: Effective December 18, 2009.

FOR FURTHER INFORMATION CONTACT:  Glenn Merrill, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Groundfish fisheries in the Bering Sea and Aleutian Islands 
management area (BSAI) are managed under the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Area (FMP). The 
North Pacific Fishery Management Council (Council) prepared the FMP 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA). Regulations implementing the FMP appear at 50 CFR 
part 679. General regulations governing U.S. fisheries also appear at 
50 CFR part 600.
    NMFS has determined that an error exists in the regulations at 
Sec.  679.20(a)(8)(ii). This final rule will correct an error that 
resulted when NMFS inadvertently removed regulations that govern the 
maximum amount of Atka mackerel total allowable catch (TAC) that may be 
taken from the harvest limitation area (HLA) in the BSAI. NMFS 
published a final rule implementing HLA regulations on January 2, 2003 
(68 FR 204), to ensure that fishery management of Atka mackerel in the 
BSAI is not likely to jeopardize the continued existence or adversely 
modify or destroy designated critical habitat for the Endangered 
Species Act (ESA)-listed western distinct population segment of Steller 
sea lions (Eumetopias jubatus). These regulations primarily focused on 
spatial and temporal harvest restrictions on Steller sea lion prey 
species, including Atka mackerel.
    On September 14, 2007, NMFS published a final rule that attempted 
to modify regulations at 50 CFR 679.20(a)(8)(ii) to clarify the 
allocation of Atka mackerel between non-American Fisheries Act trawl 
catcher/processors, commonly known as the Amendment 80 sector, and 
other trawl vessels, commonly known as the BSAI trawl limited access 
sector (72 FR 52668). It was NMFS's intent to modify only regulations 
in the introductory text at Sec.  679.20(a)(8)(ii) to address the 
allocation of Atka mackerel between the Amendment 80 sector and the 
BSAI trawl limited access sector, and not regulations in Sec.  
679.20(a)(8)(ii)(A) through (C) that established spatial and temporal 
harvest restrictions. However, the instructional text in the final rule 
published on September 14, 2007, inadvertently removed regulations in 
Sec.  679.20(a)(8)(ii)(A) through (C) (72 FR 52719). NMFS's intent to 
keep regulations in Sec.  679.20(a)(8)(ii)(A) through (C) intact was 
indicated in the preamble to the September 14, 2007, final rule in 
response to a public comment. NMFS stated that ``NMFS did not propose 
regulations that would have modified existing regulations concerning 
management of Atka mackerel in the HLA as part of the [September 14, 
2007 final rule]. NMFS will manage the HLA fisheries in compliance with 
existing regulations.'' (72 FR 52705). This correcting amendment 
corrects the inadvertent removal of regulations in Sec.  
679.20(a)(8)(ii)(A) through (C), and reinstates them.

[[Page 67139]]

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator 
of Fisheries (AA) finds good cause to waive prior notice and 
opportunity for public comment, as notice and comment would be 
impracticable and contrary to the public interest. Through this action, 
NOAA seeks to correct the inadvertent removal of regulations in Sec.  
679.20(a)(8)(ii)(A) through (C), and reinstate them. Prior notice and 
an opportunity for public comment on this action would be impracticable 
and contrary to the public interest for the following reasons. 
Corrections to ensure the rule's compliance with the intent of the HLA 
Program must be made immediately since establishing limits on Atka 
mackerel fishing in the HLA is critical for conservation and management 
of the groundfish fisheries off Alaska and for assessing the impact of 
these fisheries on other aspects of the marine environment. Failure to 
limit Atka mackerel fishing in the HLA would be inconsistent with 
management measures designed to avoid jeopardizing the continued 
existence and adverse modification of designated critical habitat for 
Steller sea lions as required under the ESA. Fishing in the HLA fishery 
is ongoing, and the lack of limitations in the HLA could result in 
greater harvest of Atka mackerel by vessels than allowed under current 
Steller sea lion management measures. Failure to limit fishing in the 
HLA would remove limitations on vessels that are currently constrained 
by those limitations and would provide an incentive for increased 
harvests in the HLA. As such, prior notice and an opportunity for 
public comment on these measures are impracticable and contrary to the 
public interest because NMFS only recently discovered these errors and 
must ensure the uninterrupted, comprehensive and rational management of 
the fisheries consistent with the MSA and ESA.
    Additionally, for the reasons listed above, the AA finds good cause 
to waive the 30-day delay in the effective date under 5 U.S.C. 
553(d)(3), as such procedures would be contrary to the public interest. 
Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq. are inapplicable.
    The Acting AA for NMFS has determined that this action is 
consistent with the MSA and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 14, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is corrected 
as follows:

PART 679-FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.

0
2. In Sec.  679.20, revise paragraph (a)(8)(ii) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (8) * * *
    (ii) ITAC allocation to Amendment 80 and BSAI trawl limited access 
sectors. The remainder of the Atka mackerel TAC, after subtraction of 
the jig gear allocation, CDQ reserve, and incidental catch allowance 
for the BSAI trawl limited access sector and vessels using non-trawl 
gear, will be allocated as ITAC to the Amendment 80 and BSAI trawl 
limited access sectors.
    (A) Seasonal Allowances. The Atka mackerel TAC specified for each 
subarea or district will be divided equally, after subtraction of the 
jig gear allocation and reserves, into two seasonal allowances 
corresponding to the A and B seasons defined at Sec.  679.23(e)(3).
    (B) Overages and Underages. Within any fishing year, unharvested 
amounts of the A season allowance will be added to the B season 
allowance and harvests in excess of the A season allowance will be 
deducted from the B season allowance.
    (C) Harvest limit area (HLA) limits. Atka mackerel harvest is 
limited in the HLA, as defined in Sec.  679.2, as follows:
    (1) For the HLA, the Regional Administrator will establish an HLA 
harvest limit of no more than 60 percent of the seasonal TAC as 
specified in paragraph (a)(8)(ii)(A) of this section.
    (2) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ 
portion of the percentage of annual Atka mackerel in areas 542 and/or 
543 specified in paragraph (a)(8)(ii)(C)(1) of this section for the 
HLA.
* * * * *
[FR Doc. E9-30181 Filed 12-17-09; 8:45 am]
BILLING CODE 3510-22-S