[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8547-8548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3867]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XU59


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 Atka 
mackerel directed fisheries within the harvest limit area (HLA) in 
Statistical Area 542 (area 542) and Statistical Area 543 (area 543). 
This action is necessary to fully use the 2010 A season HLA limits of 
Atka mackerel in areas 542 and 543 of the Bering Sea and Aleutian 
Islands management area.

DATES:  The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., March 9, 2010.

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], by 
any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
    <bullet> Mail: P. O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> 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:  Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 
limits of the A season allowance of the 2010 Atka mackerel total 
allowable catch (TAC) in area 542 and area 543 are 2,854 metric tons 
(mt) and 2,022 mt, respectively, for the Amendment 80 cooperative. For 
Amendment 80 limited access sector in area 543, the HLA limit of the A 
season allowance of the 2010 TAC for Atka mackerel is 3,250 mt. 
Finally, the HLA limit in area 542 of the A season allowance of the 
2010 TAC for Atka mackerel for the BSAI trawl limited access sector is 
458 mt.
    NMFS previously announced the opening and closing dates of the 
first and second directed fisheries within the HLA in areas 542 and 543 
(75 FR 3873, January 25, 2010). NMFS has determined that approximately 
2,225 mt of Atka mackerel remain in the A season HLA limit in area 542 
and approximately 2,022 mt of Atka mackerel remain in the A season HLA 
limit in area 543 for vessels participating in the Amendment 80 
cooperative. NMFS has determined that approximately 3,250 mt of Atka 
mackerel remain in the A season HLA limit in area 543 for vessels 
participating in the Amendment 80 limited access fishery. NMFS also has 
determined that approximately 458 mt of Atka mackerel remain in the A 
season HLA limit in area 542 for the vessel participating in the 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 area 542 and the second HLA 
fishery in area 543. NMFS is also opening directed fishing for Atka 
mackerel in the HLA of area 543 for Amendment 80 limited access vessels 
authorized to participate in the first

[[Page 8548]]

HLA fishery in area 543. Finally, NMFS is opening directed fishing for 
Atka mackerel in the area 542 HLA for the vessel participating in the 
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 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. Consequently, NMFS is prohibiting directed 
fishing for Atka mackerel in the HLA in areas 542 and 543 in accordance 
with the dates and times listed in Table 1 of this notice.

                   Table 1. Effective dates and times
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                                              Effective Time\1\ and Date
            Action                  Area     ---------------------------
                                                  From           To
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Opening the directed fishery            542     1200 hrs,     1200 hrs,
 in the HLA for the Amendment   ............  February 22,     March 8,
 80 cooperative vessels         ............         2010          2010
 authorized to participate in   ............  ............  ............
 the first HLA fishery in area          543     1200 hrs,     1200 hrs,
 542 and second HLA fishery in                  March 18,     March 25,
 area 543                                            2010          2010
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Opening the directed fishery            543     1200 hrs,     1200 hrs,
 in the HLA for the Amendment                 February 21,  February 28,
 80 limited access vessels                           2010          2010
 authorized to participate in
 the first HLA fishery in area
 543
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Opening the directed fishery            542     1200 hrs,     1200 hrs,
 in the HLA for the vessel                      March 18,     March 31,
 participating in the BSAI                           2010          2010
 trawl limited access sector
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\1\Alaska local time

    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 2010 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 February 19, 2010. 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 March 9, 
2010.
    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: February 22, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-3867 Filed 2-22-10; 4:15 pm]
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