51514 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

coverage requirements at paragraph 

(c)(1)(iv) of this section apply. 

(C) AI directed pollock fishery 

catcher/processors and motherships. A 

catcher/processor participating in the AI 

directed pollock fishery or a mothership 

processing pollock harvested in the AI 

directed pollock fishery must have on 

board at least two NMFS-certified 

observers, at least one of which must be 

certified as a lead level 2 observer, for 

each day that the vessel is used to 

harvest, process, or take deliveries of 

groundfish. More than two observers are 

required if the observer workload 

restriction at paragraph (c)(5)(ii) of this 

section would otherwise preclude 

sampling as required under 

§ 679.63(a)(1). 

(ii) Observer work load. The time 

required for the observer to complete 

sampling, data recording, and data 

communication duties may not exceed 

12 consecutive hours in each 24-hour 

period, and the observer may not 

sample more than 9 hours in each 24- 

hour period. 

(6) Amendment 80 vessels and nonAFA trawl catcher/processors. 

* * * * * 

[FR Doc. E9–24221 Filed 10–6–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XS03 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Greenland Turbot in 

the Aleutian Islands Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve to the initial 

total allowable catch (ITAC) of 

Greenland turbot in the Aleutian Islands 

subarea. This action is necessary to 

allow the fisheries to continue 

operating. It is intended to promote the 

goals and objectives of the fishery 

management plan for the BSAI. 

DATES: Effective October 2, 2009 

through 2400 hrs, Alaska local time, 

December 31, 2009. Comments must be 

received at the following address no 

later than 4:30 p.m., Alaska local time, 

October 19, 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–XS03, 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 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: 

Patty Britza, 907–586–7376. 

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 ITAC of Greenland turbot in 

the Aleutian Islands subarea was 

established as 1,947 metric tons (mt) by 

the final 2009 and 2010 harvest 

specifications for groundfish of the 

BSAI (74 FR 7359, February 17, 2009). 

In accordance with § 679.20(a)(3) the 

Regional Administrator, Alaska Region, 

NMFS, has reviewed the most current 

available data and finds that the ITAC 

for Greenland turbot in the Aleutian 

Islands subarea needs to be 

supplemented from the non-specified 

reserve in order to promote efficiency in 

the utilization of fishery resources in the 

BSAI and allow fishing operations to 

continue. 

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions from 

the non-specified reserve of groundfish 

343 mt to the Greenland turbot ITAC in 

the Aleutian Islands subarea. This 

apportionment is consistent with 

§ 679.20(b)(1)(i) and does not result in 

overfishing of a target species because 

the revised ITAC is equal to or less than 

the specifications of the acceptable 

biological catch in the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

The harvest specification for 

Greenland turbot included in the 

harvest specifications for groundfish in 

the BSAI (74 FR 7359, February 17, 

2009) for the 2009 ITAC is revised as 

follows: 2,290 mt for Greenland turbot 

in the Aleutian Islands subarea. 

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) and 

§ 679.20(b)(3)(iii)(A) 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 

apportionment of the non-specified 

reserves of groundfish to the Greenland 

turbot fishery in the Aleutian Islands 

subarea. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 29, 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. 

Under § 679.20(b)(3)(iii), interested 

persons are invited to submit written 

comments on this action (see 

ADDRESSES) until October 19, 2009. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51515 

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: October 1, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24170 Filed 10–7–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XS06 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2009 total allowable catch (TAC) of 

pollock for Statistical Area 620 in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 4, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 pollock in Statistical 

Area 620 of the GOA is 14,098 metric 

tons (mt) as established by the final 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2009 TAC of 

pollock in Statistical Area 620 of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 13,900 mt, and is setting 

aside the remaining 198 mt as bycatch 

to support other anticipated groundfish 

fisheries. 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 pollock in Statistical 

Area 620 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 closure of pollock in 

Statistical Area 620 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 October 1, 

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: October 2, 2009 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24173 Filed 10–2–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 679 and 680 

[Docket No. 080312430–91317–02] 

RIN 0648–AW56 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Western Alaska 

Community Development Quota 

Program, Rockfish Program, 

Amendment 80 Program; Bering Sea 

and Aleutian Islands Area Crab 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

provide harvesting cooperatives, crab 

processing quota share holders, and 

Western Alaska Community 

Development Quota (CDQ) groups with 

the option to make intercooperative 

transfers, crab individual processing 

quota transfers, and inter-group 

transfers through an automated, webbased process. To facilitate web-based 

transfers, NMFS removes the 

requirement for notarized signatures for 

all crab non-permanent leases of 

individual fishing quota and individual 

processor quota and removes 

unnecessary quota share price-related 

questions. The purpose of this action is 

to reduce paperwork burdens on the 

fishing industry by providing the option 

of electronic transfer through the 

Internet. This action allows 

cooperatives, processors, and CDQ 

groups to shorten response time to 

management, market, weather, and 

other fishery and operational conditions 

and to increase harvesting and 

processing efficiency. This action also 

removes detailed description of 

information required on application 

forms from regulatory text; removes 

detailed NMFS mail, fax, and delivery 

addresses and replaces them with one 

paragraph stating that the form may be 

submitted in accordance with 

instructions on the form; removes 

outdated survey-type questions from 

two applications; divides one 

application into three separate 

applications; revises the NMFS Alaska 

Region web address; and corrects crossreferences. 

DATES: Effective November 6, 2009. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review (RIR), the 

Final Regulatory Flexibility Analysis 


erowe on DSK5CLS3C1PROD with RULES