[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Proposed Rules]
[Pages 22507-22508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11195]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0811201490-9322-02]
RIN 0648-AX42


Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf 
of Alaska Rockfish Program; Amendment 85; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; extension of comment period; correction.

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SUMMARY: This document corrects an error in the regulatory text of a 
proposed rule published on April 6, 2009 (74 FR 15420) and extends the 
proposed rule's comment period by 30 days (from May 21, 2009 to June 
22, 2009). The proposed rule would implement Amendment 85 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska. The 
proposed rule would amend the Central Gulf of Alaska Rockfish Program 
to remove a restriction that prohibits certain catcher/processors from 
participating in directed groundfish fisheries in the Bering Sea and 
Aleutian Islands Management Area in July. It incorrectly removes a 
similar restriction on such vessels participating in directed 
groundfish fishing in the Gulf of Alaska. This notice corrects the 
error in the proposed regulatory text. Amendment 85 is necessary to 
improve flexibility and reduce operating costs for catcher/processors 
that participate in the Central Gulf of Alaska Rockfish Program.

DATES: Comments must be received by June 22, 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 ``RIN 
0648-AX42,'' by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
    <bullet> Mail: P. O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: 907-586-7557.
    <bullet> Hand delivery to the Federal Building: 709 West 9\th\ 
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.
    Copies of Amendment 85 to the Fishery Management Plan for 
Groundfish of the Gulf of Alaska, the proposed rule to implement 
Amendment 85, the Regulatory Impact Review (RIR), the Initial 
Regulatory Flexibility Analysis (IRFA), the categorical exclusion 
prepared for this action, and the Environmental Assessment (EA), RIR, 
and Final Regulatory Flexibility Analysis (FRFA) prepared for the 
Central Gulf of Alaska Rockfish Program are available from the NMFS 
Alaska Region at the address above or from the Alaska Region website at 
http://www.alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the Gulf of Alaska (GOA) are managed under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). The 
North Pacific Fishery Management Council prepared the GOA FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq. Regulations implementing the GOA FMP appear 
at 50 CFR part 679. General regulations governing U.S. fisheries also 
appear at 50 CFR part 600.
    NMFS proposed regulations to implement Amendment 85 to the GOA FMP 
on April 6, 2009 (74 FR 15420). Amendment 85 would amend the Central 
Gulf of Alaska Rockfish Program (Rockfish Program) to remove a 
restriction that prohibits certain catcher/processors from 
participating in directed groundfish fisheries in the Bering Sea and 
Aleutian Islands (BSAI) in July.

Need for Correction

    The regulations at 50 CFR 679.82(g)(3) prohibit certain catcher/
processor vessels that participate in the Rockfish Program limited 
access fishery from participating in GOA and BSAI groundfish fisheries 
during a specific period of time in July. The proposed regulatory text 
incorrectly includes a provision to change the period of time that the 
prohibition against directed fishing in GOA groundfish fisheries is in 
effect. This incorrect proposed change is inconsistent with Amendment 
85 to the GOA FMP. Amendment 85 would not change the prohibition 
against directed fishing in the GOA groundfish fisheries for certain 
catcher/processor vessels that participate in the Rockfish Program 
limited access fishery; it only would remove the prohibition against 
directed fishing by these vessels in the BSAI. This notice corrects the 
error in the proposed regulatory text by revising the paragraph (g)(3) 
to accurately reflect the intent of Amendment 85 and extends the 
comment period for the proposed rule to implement Amendment 85 to the

[[Page 22508]]

GOA FMP by 30 days from May 21, 2009 to June 22, 2009.

Correction

    In proposed rule FR Doc. E9-7557, published on April 6, 2009 (74 FR 
15420) correct the amendment to Sec.  679.82(g)(3) in the third column 
on page 15428 to read:
    ``(g) * * *
    (3) Prohibition from directed fishing in GOA groundfish fisheries. 
Except for the rockfish limited access fishery and sablefish harvested 
under the IFQ Program, a vessel may not participate in any GOA 
groundfish fishery and adjacent waters open by the State of Alaska for 
which it adopts the applicable Federal fishing season for that species, 
from July 1 until 90 percent of the Central GOA Pacific ocean perch 
that is allocated to the rockfish limited access fishery for the 
catcher/processor sector has been harvested, if:
    (i) The vessel is named on an LLP license used in the rockfish 
limited access fishery; and
    (ii) The vessel has been assigned rockfish QS greater than an 
amount equal to 5 percent of the Pacific ocean perch rockfish QS 
allocated to the catcher/processor sector.
* * * * *''

    Dated: May 7, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-11195 Filed 5-12-09; 8:45 am]
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