Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 0810141351-0040-03]
RIN 0648-XL28
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Correcting amendment.
 SUMMARY: On February 17, 2009, NMFS published the final 2009 and 2010 harvest specifications for groundfish of the Bering Sea and Aleutian Islands (BSAI) management area. Table 8c of that document contained the final 2009 and 2010 prohibited species bycatch allowances for the BSAI trawl limited access sector and non-trawl fisheries of the BSAI management area. That table contained an error that is corrected in this rule.
 DATES: Effective 1200 hrs, Alaska local time (A.l.t.) February 3, 2010, through 2400 hrs, A.l.t., December 31, 2010.
 FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.


SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the Fisheries Management Plan (FMP) for groundfish of the BSAI and govern the groundfish fisheries in the BSAI. The North Pacific Fishery Management Council (Council) prepared the FMP, and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). General regulations governing U.S. fisheries also appear at 50 CFR part 600. On February 17, 2009 (74 FR 7359) NMFS published harvest specifications 
                    ( print page 5542)
                    for groundfish of the BSAI that included Table 8c, which allocated the final 2009 and 2010 prohibited species bycatch allowances for the BSAI trawl limited access sector and non-trawl fisheries of the BSAI management area. However, NMFS inadvertently left out the date of April 15, 2010, associated with the 2010 allocation of halibut mortality for the rockfish fishery category for the BSAI trawl limited access sector. This document corrects the error and republishes Table 8c in its entirety. Without this correction, the rockfish fishery for this sector opened on January 20, 2010, instead of April 15, 2010, as intended by the Council and NMFS to address operational issues raised by the fisheries participants. Correction Accordingly, the revised Table 8c from the temporary rule (FR Doc. E9-3297) published on February 17, 2009, at 74 FR 7359, is corrected as follows: On page 7371, Table 8c is corrected and republished in its entirety to read as follows: Table 8c—Final 2009 and 2010 Prohibited Species Bycatch Allowances for the Bsai Trawl Limited Access Sector and Non-Trawl Fisheries
BSAI trawl limited access fisheries
Prohibited species and area 1Halibut mortality (mt) BSAI
Red king crab (animals) Zone 1
*C. opilio*
                             (animals) COBLZ
*C. bairdi*
                             (animals)Zone 1
Zone 2Yellowfin sole
187
47,397
1,176,494
346,228
1,185,500Rock sole/flathead sole/other flatfish 2
0
0
0
0
0Turbot/arrowtooth/sablefish 3
0
0
0
0
0Rockfish (in 2010 April 15-December 31)
5
0
2,000
60,000
1,000Pacific cod
508
6,000
50,000
60,000
50,000Pollock/Atka mackerel/other species 4
175
400
20,000
5000
5,000Total BSAI trawl limited access PSC
875
53,797
1,248,494
411,228
1,241,500
 Non-trawl fisheries
Catcher 
                             processor
Catcher 
                             vesselPacific cod—Total
760
15January 1-June 10
314
10June 10-August 15
0
3August 15-December 31
446
2Other non-trawl—Total
58May 1-December 31
58Groundfish pot and jig
ExemptSablefish hook-and-line
ExemptTotal non-trawl PSC
8331
                         Refer to § 679.2 for definitions of areas.2
                         “Other flatfish” for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.3
                         Greenland turbot, arrowtooth flounder, and sablefish fishery category.4
                         “Other species” for PSC monitoring includes sculpins, sharks, skates, and octopus.
 Classification This action is authorized under 50 CFR 679.20 and is exempt from review under E.O. 12866. Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator of Fisheries (AA) finds good cause to waive prior notice and opportunity for public comment, as notice and comment would be impracticable and contrary to the public interest. Through this action, NOAA seeks to correct the inadvertent omission of the 2010 dates associated with the allocation of halibut mortality for the rockfish category for the BSAI trawl limited access sector. Prior notice and an opportunity for public comment on this action would be impracticable and contrary to the public interest for the following reasons: Corrections to ensure the rule's compliance with the intent of the Council and NMFS to address operational issues raised by fisheries participants must be made immediately; since the rockfish fishery for this sector opened prematurely, on January 20, 2010, instead of the intended date of April 15, 2010. A premature opening of the fishery would fail to limit directed fishing for rockfish to a time period when all interested participants would have equal opportunity to participate and would unfairly advantage some participants at the expense of other participants. Additionally, this correction must be made immediately in order to give the regulated community as much time as is practical to plan upcoming fishing activities. As such, prior notice and an opportunity for public comment on these measures are impracticable and contrary to the public interest because NMFS only recently discovered these errors and must ensure the timely, 
                    ( print page 5543)
                    uninterrupted, comprehensive and rational management of the fisheries consistent with the Magnuson-Stevens Act. Additionally, for the reasons listed above, the AA finds good cause to waive the 30-day delay in the effective date under 5 U.S.C. 553(d)(3), as such procedures would be contrary to the public interest. 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. Authority:
                    16 U.S.C. 1801 
                        *et seq.* Dated: January 28, 2010. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.


[FR Doc. 2010-2284 Filed 2-2-10; 8:45 am] BILLING CODE 3510-22-P