Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45379 

revisions (74 FR 11041, March 16, 

2009). 

In accordance with 

§ 679.20(d)(1)(v)(A), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

Pacific cod sideboard limit established 

for Amendment 80 vessels subject to 

sideboard limits in the Western 

Regulatory Area of the GOA is sufficient 

to support a directed fishing allowance. 

Therefore, the Regional Administrator is 

establishing a sideboard directed fishing 

allowance for Pacific cod as 319 mt in 

the Western Regulatory Area of the 

GOA. The remaining 5 mt in the 

Western Regulatory Area of the GOA 

will be set aside as bycatch to support 

other anticipated groundfish fisheries. 

In accordance with § 679.20(d)(1)(v)(C), 

the Regional Administrator finds that 

this Amendment 80 sideboard directed 

fishing allowance will be reached by the 

effective date of this temporary rule. 

Consequently, NMFS is prohibiting 

directed fishing for the 2009 Pacific cod 

sideboard limit by Amendment 80 

vessels subject to sideboard limits in the 

Western Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 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 directed fishing closure of 

Pacific cod by Amendment 80 vessels 

subject to sideboard limits in the 

Western Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 26, 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 28, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–21170 Filed 8–28–09; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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 § 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 

§ 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 

§ 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. 


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45380 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

TABLE 1—EFFECTIVE DATES AND TIMES

Action Area 

Effective Date1

From To 

Prohibiting Atka mackerel by vessels participating in the 

BSAI trawl limited access fishery 

Eastern Aleutian District and the Bering Sea subarea 1200 hrs, 

September 1, 2009.

1200 hrs, 

November 1, 2009.

Opening the first and second directed fisheries in the HLA 

for the Amendment 80 cooperative 

542 and 543 

542 and 543 

1200 hrs, 

September 3, 2009.

1200 hrs, 

September 17, 

2009.

1200 hrs, 

September 17, 

2009.

1200 hrs, October 

1, 2009.

Opening the first and second directed fisheries in the HLA 

for vessels participating in the Amendment 80 limited access sector 

542 and 543 

542 and 543 

1200 hrs, 

September 3, 2009.

1200 hrs, 

September 14, 

2009.

1200 hrs, 

September 12, 

2009.

1200 hrs, 

September 23, 

2009.

Opening the first directed fishery in the HLA for vessels 

participating in the BSAI trawl limited access sector 

542 1200 hrs, 

September 3, 2009.

1200 hrs, 

September 8, 2009.

1Alaska local time 

In accordance with 

§ 679.20(a)(8)(iii)(A) and 

§ 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 

§ 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 § 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 § 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 § 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] 

BILLING CODE 3510–22–S 


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