[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Rules and Regulations]
[Pages 866-867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-222]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM47


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount; 
Correction

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

ACTION: Correction to a temporary rule; inseason adjustment; request 
for comments.

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SUMMARY: This document corrects the comment period and a date for a 
temporary rule that published in the Federal Register on January 2, 
2009 (74 FR 38). That rule adjusted the 2009 total allowable catch 
amount (TAC) for the Bering Sea pollock fishery to ensure the Bering 
Sea pollock TAC does not exceed the appropriate amount based on the 
best available scientific information for pollock in the Bering Sea 
subarea. One typographical error specifies that comments are due on the 
date of publication and another typographical error specifies that 
comments are due on January 13, 2008. The correct date is January 13, 
2009. The date that data became available is also corrected.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2008, through 2400 hrs, A.l.t., December 31, 2009, unless otherwise 
modified or superceded through publication of a notification in the 
Federal Register.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 13, 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 ``RIN 
0648-XM47,'' 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 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: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Correction

    The final rule, identified as FR Doc. E8-31224 that published in 
the Federal Register on January 2, 2009 (74 FR 38) is corrected by 
fixing three typographical errors as follows.
    1. On page 38, in the second column, the second paragraph under the 
DATES caption is corrected to read:
    ``Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 13, 2009.''
    2. On page 39, column 2, in the last line the date ``December 19, 
2007'' is corrected to read ``December 19, 2008''.
    3. On page 40, in the first column, line 2, the date ``January 13, 
2008'' is corrected to read ``January 13, 2009''.

Classification

    This action corrects three typographical errors and does not 
otherwise change the requirements in the January 2, 2009 (74 FR 38) 
temporary rule.
    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

[[Page 867]]

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 allow for harvests that exceed the appropriate 
allocations for pollock based on the best scientific information 
available. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of December 19, 2008, and additional time for prior public 
comment would result in conservation concerns for the ESA-listed 
Steller sea lions.
    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 in the January 2, 2009 (74 FR 38) rule 
and is not repeated here.
    This action is required by Sec.  679.22 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: January 6, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-222 Filed 1-8-09; 8:45 am]
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