Federal Register: March 31, 2009 (Volume 74, Number 60)
DOCID: fr31mr09-16 FR Doc E9-7178
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 0810141351-9087-02]
RIN ID: RIN 0648-XO11
NOTICE: RULES
DOCID: fr31mr09-16
ACTION: Fisheries of the Exclusive Economic Zone off Alaska:
DOCUMENT ACTION: Temporary rule; closures and openings.
SUBJECT CATEGORY:
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
DATES: The directed fishery in the HLA for Area 542 by the Amendment 80 cooperative vessels authorized to participate in the first HLA fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009, through 1200 hrs, A.l.t., April 6, 2009.
The directed fishery in the HLA for Area 542 by the Amendment 80 cooperative vessels authorized to participate in the second HLA fishery in area 542, opens effective 1200 hrs, A.l.t., April 7, 2009, through 1200 hrs, A.l.t., April 15, 2009.
The directed fishery in the HLA for Area 542 by the BSAI Trawl Limited Access vessels authorized to participate in the first HLA fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009, through 1200 hrs, A.l.t., April 6, 2009.
The directed fishery in the HLA for Area 543 by the Amendment 80 cooperative vessels authorized to participate in the first HLA fishery in Area 543, opens effective 1200 hrs, A.l.t., March 27, 2009, through 1200 hrs, A.l.t., April 6, 2009.
Comments must be received at the following address no later than 4:30 p.m., A.l.t., April 10, 2009.
DOCUMENT SUMMARY:
NMFS is announcing the opening and closing dates of the Amendment 80 cooperative's Atka mackerel directed fishery within the harvest limit area (HLA) in Statistical Areas 542 and 543 (Area 542 and Area 543), and the opening and closing dates of the BSAI Trawl Limited Access Atka mackerel directed fishery within the harvest limit area (HLA) in Statistical Area 542 . This action is necessary to fully use the 2009 A season HLA limits of Atka mackerel in Areas 542 and 543 of the Bering Sea and Aleutian Islands management area (BSAI).
SUMMARY:
Atka Mackerel in the Bering Sea and Aleutian Islands Management Area,
SUPPLEMENTAL INFORMATION
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 MagnusonStevens 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 the final 2009 and 2010 harvest specifications
for groundfish in the BSAI (74 FR 7359, February 17, 2009) the HLA
limit of the A season allowance of the 2009 TAC for Atka mackerel in
Area 542 is 3,314 metric tons (mt) and in Area 543 is 1,739 mt for the
Amendment 80 cooperative. For BSAI trawl Limited Access in Area 542,
the HLA limit of the A season allowance of the 2009 TAC for Atka
mackerel is 348 mt. NMFS previously announced the opening and closing
dates of the first and second directed fisheries within the HLA in
Statistical Areas 542 and 543 (74 FR 5625, January 30, 2009) and (74 FR
8216, February 24, 2009). NMFS has determined that approximately 1,111
mt of Atka mackerel remain in the A season HLA limit in Area 542 and
approximately 1,726 mt of Atka mackerel remain in the A season HLA
limit in Area 543 for vessels participating in the Amendment 80
cooperative. NMFS has also determined that approximately 273 mt of Atka
mackerel remain in the A season HLA limit in Area 542 for vessels
participating in the BSAI Trawl Limited Access fishery. Therefore, in
accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D),
and to fully utilize the A season HLA limits of Atka mackerel in Areas
542 and 543, NMFS is terminating the previous closures and is opening
directed fishing for Atka mackerel in the HLA of Areas 542 and 543 for
Amendment 80 cooperative vessels authorized to participate in the first
HLA fishery in Areas 542 and 543. NMFS is also terminating the previous
closure and is opening directed fishing for Atka mackerel in the HLA of Area
[[Page 14494]]
542 for BSAI Trawl Limited Access vessels authorized to participate in
the first HLA fishery in Area 542. In accordance with Sec.
679.20(a)(8)(iii)(E), the Regional Administrator has established the
closure dates of the Atka mackerel directed fishery in the HLA for
Areas 542 and 543 based on the amount of the harvest limit and the
estimated fishing capacity of the vessels assigned to the fishery.
The directed fishery in the HLA for Area 542 by the Amendment 80 cooperative vessels authorized to participate in the first HLA fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009. The HLA fishery in Area 542 will remain open until 1200 hrs, A.l.t., April 6, 2009.
The directed fishery in the HLA for Area 542 by the Amendment 80 cooperative vessels authorized to participate in the second HLA fishery in Area 542, opens effective 1200 hrs, A.l.t., April 7, 2009. The HLA fishery in Area 542 will remain open until 1200 hrs, A.l.t., April 15, 2009.
The directed fishery in the HLA for Area 542 by the BSAI Trawl Limited Access vessels authorized to participate in the first HLA fishery in Area 542, opens effective 1200 hrs, A.l.t., March 27, 2009. The HLA fishery in Area 542 will remain open until 1200 hrs, A.l.t., April 6, 2009.
The directed fishery in the HLA for Area 543 by the Amendment 80 cooperative vessels authorized to participate in the first HLA fishery in area 543, opens effective 1200 hrs, A.l.t., March 27, 2009. The HLA fishery in Area 543 will remain open until 1200 hrs, A.l.t., April 6, 2009.
After the effective dates of these closures, the maximum retainable amounts at Sec. 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 a 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 opening and closing of the fishery for the HLA limit established for Areas 542 and 543 pursuant to the 2009 Atka mackerel TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 23, 2009. The AA also finds good cause to waive the 30day delay in the effective date of this action under 5 U.S.C. 553(d)(3). Under Sec. 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until April 10, 2009.
This action is required by Sec. 679.20 and Sec. 679.25 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2009.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E97178 Filed 32609; 4:15 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Mary Furuness, 907-586-7228.