[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Rules and Regulations]
[Pages 16144-16145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8007]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XO12
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; modification of a closure.
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SUMMARY: NMFS is opening 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) for vessels participating
in the BSAI trawl limited access fishery. This action is necessary to
fully use the 2009 A season total allowable catch (TAC) of Atka
mackerel in these areas specified for vessels participating in the BSAI
trawl limited access fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 6, 2009,
through 1200 hrs, A.l.t., April 15, 2009. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., April 20, 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-
XO12, 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: 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.
NMFS closed the directed fishery for Atka mackerel by vessels
participating in the BSAI trawl limited access fishery in the Eastern
Aleutian District and the Bering Sea subarea on January 20, 2009 (74 FR
5625, January 30, 2009).
NMFS has determined that approximately 476 mt of the 2009 A season
Atka mackerel TAC for vessels participating in the BSAI trawl limited
access fishery in the Eastern Aleutian District and the Bering Sea
subarea remain in the directed fishing allowance. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the 2009 A season TAC of Atka
mackerel in these areas specified for vessels participating in the BSAI
trawl limited access fishery, NMFS is terminating the previous closure
and is reopening directed fishing for Atka mackerel by vessels
participating in the BSAI trawl limited access fishery in the Eastern
Aleutian District and the Bering Sea subarea. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance will be reached. Consequently, NMFS is prohibiting
directed fishing for the 2009 A season TAC of Atka mackerel in these
areas specified for vessels participating in the BSAI trawl limited
access fishery effective 1200 hrs, A.l.t., April 15, 2009.
[[Page 16145]]
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 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. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of April 2, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for Atka mackerel fishery in the Eastern Aleutian District and the
Bering Sea subarea for vessels participating in the BSAI trawl limited
access fishery to be harvested in an expedient manner and in accordance
with the regulatory schedule. Under Sec. 679.25(c)(2), interested
persons are invited to submit written comments on this action to the
above address until April 20, 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: April 3, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-8007 Filed 4-3-09; 4:15 pm]
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