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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 679
          - [Docket No. 071106673-8011-02]
          - RIN 0648-XM68

# 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.                          ( print page 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]

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