8882 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

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 A season allocation 

of the 2009 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 1,350 mt, and is setting 

aside the remaining 68 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 Pacific cod by 

vessels catching Pacific cod for 

processing by the offshore component in 

the Central 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 closure of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central 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 February 18, 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: February 23, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4270 Filed 2–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XM68 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction of fishery 

assignments. 

SUMMARY: On January 14, 2009, NMFS 

published a rule (74 FR 1946) that 

notified owners and operators of 

registered vessels of their assignments 

for the 2009 A season Atka mackerel 

fishery in harvest limit area (HLA) 542 

and/or 543 of the Aleutian Islands 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). 

Subsequent to the issuance of that 

notice, NMFS learned that several 

applicants for federal fisheries permits 

inadvertently selected the endorsement 

for the directed Atka mackerel fisheries 

inside the HLA in the Aleutian Islands 

subarea. This resulted in NMFS 

assigning those vessels to the HLA 

directed fishery for Atka mackerel. 

NMFS is hereby correcting the previous 

notice to the owners and operators of 

registered vessels of their assignments 

for the 2009 A season Atka mackerel 

fishery in harvest limit area (HLA) 542 

and/or 543 of the Aleutian Islands 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to allow the correct 

vessels to participate the harvest of the 

2009 A season HLA limits established 

for area 542 and area 543 pursuant to 

the 2008 and 2009 harvest specifications 

for groundfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 24, 2009, until 

1200 hrs, A.l.t., April 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

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. 

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Eight vessels have registered 

with NMFS to fish in the A season HLA 

fisheries in areas 542 and/or 543. In 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment in accordance 

with § 679.20(a)(8)(iii). 

Correction 

The final rule, identified as FR Doc. 

E9–606 that published in the Federal 

Register on January 14, 2009 (74 FR 

1946) is corrected by removing six of the 

fourteen vessels that registered with 

NMFS to fish in the A season HLA 

fisheries in areas 542 and/or 543 as 

follows. 

1. On page 1946, in column 3, in the 

second paragraph on line 6, the number 

‘‘Fourteen’’ is corrected to read ‘‘Eight’’. 

2. On page 1947, in column 1, in the 

second paragraph on lines 6 through 9, 

the vessels ‘‘Federal Fishery Permit 

number (FFP) 2134 Ocean Peace, FFP 

2733 Seafreeze Alaska, FFP 3694 Arica, 

and FFP 3835 Seafisher’’ are corrected 

to read ‘‘Federal Fishery Permit number 

(FFP) 2134 Ocean Peace and FFP 2733 

Seafreeze Alaska’’. 

3. On page 1947, in column 2, in the 

third paragraph on lines 4 through 6, the 

vessels ‘‘FFP 480 Muir Milach and FFP 

11770 Alaska Knight’’ are corrected to 

read ‘‘FFP 11770 Alaska Knight’’. 

4. On page 1947, in column 2, 

paragraph 4 is removed. 

Fishery Assignments 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

542 and the second HLA directed 

fishery in area 543 are as follows: 

Federal Fishery Permit number (FFP) 

2134 Ocean Peace and FFP 2733 

Seafreeze Alaska. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8883 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

543 and the second HLA directed 

fishery in area 542 are as follows: FFP 

3835 Seafisher. 

For the Amendment 80 limited access 

sector, vessels authorized to participate 

in the first HLA directed fishery in area 

542 and in the second HLA directed 

fishery in area 543 are as follows: FFP 

2443 Alaska Juris and FFP 3819 Alaska 

Spirit. 

For the Amendment 80 limited access 

sector, the vessels authorized to 

participate in the first HLA directed 

fishery in area 543 and the second HLA 

directed fishery in area 542 are as 

follows: FFP 3423 Alaska Warrior and 

FFP 4093 Alaska Victory. 

For the BSAI trawl limited access 

sector, the vessel authorized to 

participate in the first HLA directed 

fishery in area 542 is as follows: FFP 

11770 Alaska Knight. 

This action removes six vessels that 

registered with NMFS to fish in the A 

season HLA fisheries in areas 542 and/ 

or 543 and does not otherwise change 

the requirements in the January 14, 2009 

(74 FR 1946) temporary rule. 

Classification 

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 unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the A season 

HLA fisheries in area 542 and area 543. 

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: February 23, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4264 Filed 2–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0812011537–9145–01] 

RIN 0648–AX45 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Recordkeeping and 

Reporting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

update regulations in 50 CFR part 679. 

The action would remove regulations 

that have lapsed and is intended to 

promote the goals and objectives of the 

Magnuson–Stevens Fishery 

Conservation and Management Act. 

DATES: Effective February 27, 2009. 

ADDRESSES: Copies of the Categorical 

Exclusion (CE) and Regulatory Impact 

Review (RIR) prepared for this action 

may be obtained from the NMFS Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802, or by calling the Alaska Region, 

NMFS, at 907–586–7228, or from the 

NMFS Alaska Region website at http:// 

alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7008. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone (EEZ) off Alaska are 

managed under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMPs). The North 

Pacific Fishery Management Council 

prepared the FMPs under the authority 

of the Magnuson–Stevens Fishery 

Conservation and Management Act 

(Magnuson–Stevens Act), 16 U.S.C. 

1801 et seq. Regulations implementing 

the FMPs appear at 50 CFR part 679. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

Need for Action 

In 50 CFR part 679, text is amended 

to remove lapsed regulatory provisions 

from the Code of Federal Regulations 

(CFR). This final rule amends 

regulations by removing text as follows: 

Location Amendment 

679.20(a)(5)(i)(D), 

(E), and (F) 

Remove from CFR 

because (F) was applicable only through 

December 31, 2002, 

and (D) and (E) 

were previously removed and reserved. 

679.20(a)(5)(iv)(C) Remove from CFR 

because this paragraph was applicable only through December 31, 2002. 

679.20(c)(2) Remove from CFR 

and reserve because this paragraph was applicable only until April 1, 

2005. 

679.20(c)(5) and 

(c)(6) 

Remove the phrase 

‘‘(Effective April 1, 

2005)’’ because related regulations are 

now effective. 

Classification 

Pursuant to section 305(d) of the 

Magnuson–Stevens Act, NMFS has 

determined that this final rule is 

consistent with the FMPs and other 

provisions of the Magnuson–Stevens 

Act. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

This action will not increase 

recordkeeping and reporting costs. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator of Fisheries 

(AA) finds good cause to waive prior 

notice and opportunity for public 

comment. Prior notice and opportunity 

for public comment are unnecessary 

because these changes remove 

regulatory provisions that have lapsed. 

For the same reason, the AA finds good 

cause to waive the 30-day delay in the 

effective date under 5 U.S.C. 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 

Dated: February 23, 2009. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 679 is amended 

as follows: 


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