Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 30013 

the information for management 

purposes may be made. In such 

instances, it is unclear what then 

constitutes the best available 

information for management use. 

Framework 2 states that, when clear 

consensus recommendations are made 

by any of the acceptable peer review 

groups, the information is considered 

the best available and may be utilized 

by the Council in the management 

process for spiny dogfish. Similarly, 

when the consensus results of a peer 

review are to reject proposed changes to 

the stock assessment methods or the 

stock status determination criteria, 

Framework 2 states that the previous 

information on record would still 

continue to constitute the best available 

information and should be used in the 

management process. 

When peer review recommendations 

do not result in consensus, are unclear, 

or do not make recommendations on 

how the information is to be used in the 

management process, Framework 2 

states that the Councils engage their 

SSCs or a subset of their SSCs with 

appropriate stock assessment expertise, 

to review the information provided by 

the peer review group. The SSCs would 

then seek to clarify the information and 

provide advice to the Councils to either 

modify, change, or retain the existing 

stock status determination definitions as 

the best available information for use in 

the development of specifications and 

management measures. 

Comments and Responses 

No comments specific to Framework 

2 were received during the public 

comment period. NMFS received three 

comments under the Framework 2 

proposed rule, but all were actually 

regarding the spiny dogfish 2009 

specifications and management 

measures proposed rule (74 FR 11706, 

March 19, 2009), which was open for 

public comment at the same time. 

NMFS responded to those comments in 

the final rule for the spiny dogfish 2009 

specifications and management 

measures (74 FR 20230, May 1, 2009). 

Classification 

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

the Magnuson–Stevens Act, the NMFS 

Assistant Administrator has determined 

that this rule is consistent with the 

Spiny Dogfish FMP, other provisions of 

the Magnuson–Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

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

Dated: June 18, 2009. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–14882 Filed 6–23–09; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XP97 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Greenland Turbot, 

Arrowtooth Flounder, and Sablefish by 

Vessels Participating in the 

Amendment 80 Limited Access Fishery 

in Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for Greenland turbot, arrowtooth 

flounder, and sablefish by vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2009 halibut 

bycatch allowance specified for the 

trawl Greenland turbot, arrowtooth 

flounder, and sablefish fishery category 

by vessels participating in the 

Amendment 80 limited access fishery in 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 19, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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. 

The 2009 halibut bycatch allowance 

specified for the trawl Greenland turbot, 

arrowtooth flounder, and sablefish 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery in the BSAI is 5 metric tons as 

established by the final 2009 and 2010 

harvest specifications for groundfish in 

the BSAI (74 FR 7359, February 17, 

2009). 

In accordance with 

§ 679.21(e)(3)(vi)(B) and 

§ 679.21(e)(7)(v), the Administrator, 

Alaska Region, NMFS, has determined 

that the 2009 halibut bycatch allowance 

specified for the trawl Greenland turbot, 

arrowtooth flounder, and sablefish 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery in the BSAI has been caught. 

Consequently, NMFS is closing directed 

fishing for Greenland turbot, arrowtooth 

flounder, and sablefish by vessels 

participating in the Amendment 80 

limited access fishery in the BSAI. 

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 directed fishing for 

Greenland turbot, arrowtooth flounder, 

and sablefish by vessels participating in 

the Amendment 80 limited access 

fishery in the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of June 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 

30014 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: June 19, 2009 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–14872 Filed 6–19–09; 4:15 pm] 

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