13348 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: March 20, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

Approved: March 24, 2009. 

Charles E. Johnson, 

Acting Secretary. 

[FR Doc. E9–6907 Filed 3–24–09; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090311306–9309–01] 

RIN 0648–XN88 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2009 Scup 

and Black Sea Bass Specifications; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: On January 2, 2009, NMFS 

published in the Federal Register a final 

rule containing final specifications for 

the 2009 scup and black sea bass 

fisheries. On six occasions in the 

preamble text of that rule, the English 

system of measurement in pounds for 

various iterations of the scup and black 

sea bass specifications were incorrectly 

converted into metric system of 

measurement equivalents. This 

document corrects those values to 

insure that the metric values are 

consistent with the 2009 specifications. 

DATES: Effective March 27, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

(978) 281–9104. 

SUPPLEMENTARY INFORMATION: The final 

rule, including final quota specifications 

(i.e., commercial quota and recreational 

harvest limit) for the 2009 summer 

flounder, scup, and black sea bass 

fisheries was published in the Federal 

Register on January 2, 2009 (74 FR 29). 

On page 32, in the first column, the 

proposed scup Total Allowable Catch 

(TAC) is listed as 5,339 metric tons (mt), 

the TAC implemented by the final rule 

in the second column is listed as 5,796 

mt, and the Total Allowable Landings 

(TAL) is listed as 4, 170 mt. In the third 

column, the commercial quota is listed 

at 3,123 mt, and the recreational harvest 

limit is listed as 965 mt. 

The corrected values for these scup 

specification values are as follows: The 

2009 proposed TAC is 5,307 mt, the 

final rule TAC is 7,049 mt, the final rule 

TAL is 5,071 mt, the commercial quota 

is 3,798 mt, and the recreational harvest 

limit is 1,173 mt. 

The black sea bass commercial quota 

in the first column of page 35 is listed 

as 1,043 mt. The corrected value for the 

commercial quota is 495 mt. 

Classification 

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

Assistant Administrator finds good 

cause to waive prior notice and 

opportunity for additional public 

comment for this action because any 

delay of this action would be contrary 

to the public interest. As explained 

above, this rule corrects various metric 

values for the 2009 scup TAC, TAL, 

commercial quota, and recreational 

harvest limit and black sea bass 

commercial quota that had already been 

published in the Federal Register. In the 

final specifications rule published 

January 2, 2009 (74 FR 29), the various 

quota iterations were correctly listed in 

the English system of measurement. 

These values were inadvertently 

converted to the metric system utilizing 

the incorrect conversion factor and thus, 

the metric values listed in the final 

specifications rule are not correct or 

equal to the English system values. To 

delay this correction notice would cause 

confusion over the aforementioned 

available 2009 scup and black sea bass 

harvest levels because of the disparity 

between the English system of 

measurement, in pounds, and the metric 

expression of those same values, in 

metric tons that were incorrectly 

converted in the original specifications 

that published January 2, 2009 (74 FR 

29). Moreover, pursuant to 5 U.S.C. 

553(d), the Assistant Administrator 

finds good cause to waive the 30-day 

delay in effective date for the reasons 

given above. Delaying the rule for 30 

days may negatively impact fishermen 

accustomed to referring to the metric 

system of measurement because the 

values for the aforementioned harvest 

levels were incorrectly converted from 

the English system of measurement in 

the final specifications. The immediate 

publication of the correct information 

will rectify any confusion on the matter 

of what the metric expression of the 

2009 scup and black sea bass harvest 

levels should be. 

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. 

This final rule is exempt from review 

under Executive Order 12866. 

Correction 

Accordingly, the final rule FR Doc. 

E8–31236, published on January 2, 2009 

(74 FR 29), is corrected as follows: 

1. On page 32: 

a. In the first column, in the last 

paragraph, in the seventh line, ‘‘(5, 339– 

mt) scup Total Allowable Catch’’ is 

corrected to read ‘‘(5,307- mt) , scup 

Total Allowable Catch’’ and in the 

second column, in the last paragraph, in 

the second line, ‘‘(5,796–mt) scup TAC’’ 

is corrected to read ‘‘(7,049 -mt) scup 

TAC’’, and in the third line, ‘‘(4,170–mt) 

scup TAL.’’is corrected to read ‘‘(5,071- 

mt) scup TAL’’. 

b. In the third column, in the seventh 

line, ‘‘commercial quota of 8,373,848 lb 

(3,123 mt) is corrected to read 

‘‘commercial quota of 8,373,848 lb 

(3,798 mt) and in the eighth and ninth 

lines, ‘‘recreational harvest limit of 

2,585,952 lb (965 mt).’’ is corrected to 

read ‘‘recreational harvest limit of 

2,585,952 lb (1, 173 mt).’’ 

2. On page 35, in the first column, in 

the fourth line, ‘‘(1,048–mt) black sea 

bass TAL.’’ is corrected to read ‘‘(495– 

mt) black sea bass TAL.’’ 

Dated: March 23, 2009 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–6898 Filed 3–26–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 080103016–9316–02] 

RIN 0648–AW40 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Revise Maximum 

Retainable Amounts of Groundfish 

Using Arrowtooth Flounder as a Basis 

Species in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a regulation to 

revise the maximum retainable amounts 


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(MRAs) of groundfish using arrowtooth 

flounder as a basis species in the Gulf 

of Alaska. This action increases the 

MRAs from 0 percent to 20 percent for 

deep–water flatfish, rex sole, flathead 

sole, shallow–water flatfish, Atka 

mackerel, and skates; from 0 percent to 

5 percent for aggregated rockfish; and 

from 0 percent to 1 percent for sablefish. 

The intended effect of this action is to 

reduce regulatory discards of otherwise 

marketable groundfish in the arrowtooth 

flounder fishery. This action is intended 

to promote the goals and objectives of 

the Magnuson–Stevens Fishery 

Conservation and Management Act, the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, and 

other applicable law. 

DATES: Effective March 27, 2009. 

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) 

prepared for this action are available 

from the Alaska Region website at 

http://www.fakr.noaa.gov/ 

sustainablefisheries.htm. Printed copies 

may be obtained from the Alaska Region 

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

99802, Attn: Ellen Sebastian. 

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, 907–481–1780. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the groundfish 

fisheries in the exclusive economic zone 

in the Gulf of Alaska (GOA) under the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska (FMP). 

The North Pacific Fishery Management 

Council (Council) prepared the FMP 

under the authority of the Magnuson– 

Stevens Fishery Conservation and 

Management Act (Magnuson–Stevens 

Act), 16 U.S.C. 1801 et seq. Regulations 

governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR parts 600 and 679. 

Regulations at § 679.20(e) establish 

maximum retainable amount (MRA) 

percentages for groundfish species and 

species groups. These MRA percentages 

establish the amount of a species closed 

to directed fishing that may be retained 

onboard a vessel, relative to the 

amounts of other groundfish open to 

directed fishing retained onboard the 

vessel. MRA percentages serve as a 

management tool to slow down the rate 

of harvest and reduce the incentive for 

targeting a species closed to directed 

fishing. MRAs also allow for retention of 

incidentally caught species instead of 

requiring regulatory discards of species 

closed to directed fishing. MRA 

percentages do not reflect a natural 

incidental catch rate, but rather, reflect 

a balance between the recognized need 

to slow harvest rates, minimize the 

potential for discards, and, in some 

cases, provide an increased opportunity 

to harvest available total allowable catch 

(TAC) through limited targeting activity. 

In October 2006, the Council received 

a proposal from industry to increase the 

MRAs for several groundfish species 

using arrowtooth flounder as a basis 

species because arrowtooth flounder is 

now a viable target fishery. Effort by the 

trawl fleet to improve retention of 

groundfish species is constrained by the 

current MRAs. In addition, to support 

the increased catch of arrowtooth 

flounder, the annual TAC for arrowtooth 

flounder was increased from 5,000 mt to 

8,000 mt in the Western GOA in 2001 

and has remained at that level since 

then. The arrowtooth flounder TAC was 

increased from 25,000 mt to 30,000 mt 

in the Central GOA in 2007 and 

remained at that level in 2008. Total 

catch of arrowtooth flounder in the 

GOA, including both directed fishing 

and incidental catch in other groundfish 

fisheries, has increased from 16,247 mt 

in 1997 to 25,340 mt in 2007. Over the 

same period the retention of arrowtooth 

flounder in all trawl fisheries has 

increased from 18 percent to 58 percent 

of the total catch of arrowtooth flounder 

in the GOA, an indication of a growing 

market for arrowtooth flounder. In the 

2006 directed arrowtooth flounder 

fishery in the GOA, 82 percent of 

arrowtooth flounder catch was retained. 

The Council took final action in 

October 2007, and selected the 

industry’s proposal as its preferred 

alternative. This final rule revises the 

GOA Retainable Percentages listed in 

Table 10 to part 679 to increase the 

MRAs for selected groundfish species 

using arrowtooth flounder as a basis 

species. The MRAs for deep–water 

flatfish, rex sole, flathead sole, shallow– 

water flatfish, Atka mackerel, and skates 

is increased from 0 percent to 20 

percent; the MRA for aggregated 

rockfish is increased from 0 percent to 

5 percent; and the MRA for sablefish is 

increased from 0 percent to 1 percent. 

The MRAs for pollock, Pacific cod, 

(other species,( and forage fish using 

arrowtooth flounder as a basis species 

are unchanged. 

The Environmental Assessment 

prepared for this action concluded that 

the proposed increase of the MRAs for 

selected species of groundfish using 

arrowtooth flounder as a basis species 

would not affect any groundfish stock or 

any other component of the physical or 

biological environment. Under this final 

rule, the MRAs for groundfish in the 

arrowtooth flounder fishery are 

increased from current levels and 

greater amounts of groundfish closed to 

directed fishing may be retained in the 

arrowtooth flounder fishery instead of 

discarded. However, even though the 

amounts of groundfish retained in the 

arrowtooth flounder fishery could 

increase, total removals of each species 

would still be within the TAC levels for 

each species and would be further 

constrained by halibut PSC limitations 

that often close directed fishing for 

groundfish by vessels using trawl gear. 

The impacts of the harvest strategies 

and resulting TAC amounts were 

analyzed in the 2007 Alaska Groundfish 

Harvest Final Specifications 

Environmental Impact Statement 

available at http://www.fakr.noaa.gov. 

Further information on the background 

of this final rule may be found in the 

proposed rule for this action (73 FR 

71592 November 25, 2008). Comments 

on the proposed rule were invited and 

accepted through December 26, 2008. 

Response to Comments 

NMFS received two letters of 

comment on the proposed rule. One in 

opposition to the proposed rule from a 

private citizen and one in support of the 

proposed rule from the Alaska 

Groundfish Data Bank. A summary of 

those comments and NMFS’s responses 

follow. 

Comment 1: The commenter opposed 

any increase in the amount of fish 

allowed to be caught. 

Response: Revising the MRAs in the 

GOA arrowtooth flounder fishery does 

not increase the total amount of any 

groundfish species that may be 

harvested in the GOA groundfish 

fisheries. Those catch limits are 

established through the annual 

specifications process and remain the 

limit on total catch. This regulatory 

amendment allows greater retention of 

species caught incidentally in the GOA 

arrowtooth flounder fishery and is 

intended to reduce regulatory discards 

and increase utilization of groundfish 

species already caught. All catch of 

groundfish or prohibited species in the 

arrowtooth flounder fishery that is 

reported or estimated to be caught using 

observer data will be subtracted from 

the total allowable catch for those 

species and fisheries will be closed by 

NMFS once those limits are reached. 

Comment 2: The processor and 

shoreside trawl members of the Alaska 

Groundfish Data Bank support this 

proposed rule to revise the maximum 

retainable amounts in the GOA 

arrowtooth flounder fishery. 

Response: NMFS acknowledges the 

comment and its support for this action. 

This final rule revises the MRAs for 


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groundfish in the GOA arrowtooth 

flounder fishery as described in the 

proposed rule. 

This final rule revises § 679.20(f)(2) to 

remove the prohibition that arrowtooth 

flounder not be used as a basis species 

to calculate retainable amounts of other 

groundfish species. 

This final rule reflects revisions to 

Table 10 that have occurred since the 

proposed rule’s publication in the 

Federal Register. Table 10 was revised 

by a final rule that implemented a 

variety of recordkeeping and reporting 

regulatory amendments (73 FR 76136; 

December 15, 2008) and a final rule that 

implemented Amendments 73/77 to 

revise the management authority for 

dark rockfish in the BSAI and GOA (73 

FR 80307, December 31, 2008). 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson–Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FMP, other provisions of the 

Magnuson–Stevens Act, and other 

applicable laws. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis (IRFA), and provides 

a summary of the analyses completed to 

support the action. A copy of this 

analysis is available from NMFS (see 

ADDRESSES). The need for and objectives 

of this action are described in the 

background section of this final rule. No 

comments were received on the IRFA or 

on the economic effects of the rule. 

The Small Business Administration 

has defined all fish–harvesting or 

hatchery businesses that are 

independently owned and operated, not 

dominant in their field of operation, and 

have annual receipts less than $4.0 

million as small businesses. In addition, 

seafood processors with 500 employees 

or fewer, wholesale industry members 

with 100 employees or fewer, not–for– 

profit–enterprises, and government 

jurisdictions with a population of 

50,000 or less are considered small 

entities. NMFS has determined that a 

‘‘substantial number’’ of small entities 

would generally be 20 percent of the 

total universe of small entities affected 

by the regulation. A regulation would 

have a ‘‘significant negative impact’’ on 

these small entities if it reduced annual 

gross revenues by more than 5 percent, 

increased total costs of production by 

more than 5 percent or resulted in 

compliance costs for small entities by at 

least 10 percent compared with 

compliance costs as a percent of sales 

for large entities. 

The FRFA estimated that 18 trawl 

catcher vessels participating in the 

arrowtooth flounder fishery qualify as 

‘‘small entities’’ for purposes of the 

Regulatory Flexibility Act. None of the 

catcher/processors participating in the 

arrowtooth flounder fishery qualify as 

small entities. 

Three alternatives were analyzed for 

their impact. Alternative 1, the status 

quo or no action alternative, would 

leave the MRAs for groundfish in the 

arrowtooth flounder fishery unchanged 

from current levels, and would continue 

to require fishermen to discard 

otherwise marketable groundfish. 

Alternative 2, the Council(s preferred 

alternative brought forward as a 

proposal from the industry, would 

increase the MRAs for some species of 

groundfish in the arrowtooth flounder 

fishery in order to reduce discards of 

otherwise marketable fish without 

raising allocation concerns with respect 

to pollock, Pacific cod, rockfish, and 

sablefish. Alternative 3, developed by 

NMFS and Council staff, would increase 

the MRAs for groundfish species caught 

in the arrowtooth flounder fishery to 

levels estimated to cover incidental 

catch of these species. Under 

Alternative 3 the MRAs for deep–water 

flatfish (5 percent), rex sole (10 percent), 

flathead sole (15 percent), shallow– 

water flatfish (5 percent), Atka mackerel 

(5 percent), and skates (10 percent) 

would be lower than the 20 percent 

proposed under Alternative 2. 

Alternatives 2 and 3 would provide an 

opportunity to retain additional, 

economically valuable groundfish 

species in the arrowtooth flounder 

directed fishery. This would be 

beneficial to the affected small entities. 

The benefits to small entities under 

Alternative 2, the preferred alternative, 

would be slightly greater than under 

Alternative 3. No negative impacts on 

small entities are associated with either 

Alternative 2 or 3. 

This regulation does not impose new 

recordkeeping and reporting 

requirements on the regulated small 

entities. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions that a small entity is 

required to take to comply with a rule 

or group of rules. 

The preamble to the proposed rule 

and this final rule fully explain the 

regulatory amendments that will be 

implemented to increase the MRAs for 

selected groundfish species in the GOA 

arrowtooth flounder fishery. The 

proposed rule, final rule, and 

regulations governing the groundfish 

fisheries off Alaska, particularly Table 

10 to 50 CFR part 679, are the best 

source of information about how to 

comply with these revised MRAs and, 

therefore, collectively they represent the 

small entity compliance guide for this 

final rule. These documents are 

available from NMFS (see ADDRESSES) 

and from the NMFS Alaska Region’s 

website at http:// 

alaskafisheries.noaa.gov. The revised 

version of Table 10 to 50 CFR also is 

published at the end of this final rule. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). Revisions to the maximum 

retainable amounts of selected 

groundfish in the GOA arrowtooth 

flounder fishery relieve a restriction on 

fishermen participating in this fishery, 

and would not place any restriction on 

other components of the fishery. This 

action will allow increased retention of 

selected species of groundfish closed to 

directed fishing in the arrowtooth 

flounder fishery in the GOA which 

would otherwise be required by 

regulation. 

This final rule contains no additional 

collection–of–information requirements 

subject to review and approval by OMB 

under the Paperwork Reduction Act. 

The analysis did not reveal any 

Federal rules that duplicate, overlap, or 

conflict with the final action. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries. 

Dated: March 24, 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: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447. 


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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13351 

■ 2. In § 679.20 the first sentence of 

paragraph (f)(2) is revised to read as 

follows: 

§ 679.20 General limitations. 

* * * * * 

(f) * * * 

(2) Retainable amounts. Any 

groundfish species for which directed 

fishing is closed may not be used to 

calculate retainable amounts of other 

groundfish species. * * * 

* * * * * 

■ 3. Table 10 to 50 CFR part 679 is 

revised to read as follows: 

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[FR Doc. E9–6892 Filed 3–26–09; 8:45 am] 

BILLING CODE 3510–22–C 


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