[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Rules and Regulations]
[Pages 4494-4496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-272]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XD68


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

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

[[Page 4495]]


ACTION: Temporary rule; closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Eastern Aleutian District and the Bering Sea subarea of the Bering Sea 
and Aleutian Islands management area (BSAI) for vessels participating 
in the BSAI trawl limited access fishery. This action is necessary to 
prevent exceeding the 2008 A season total allowable catch (TAC) of Atka 
mackerel in these areas for vessels participating in the BSAI trawl 
limited access fishery. NMFS is also announcing the opening and closing 
dates of the first and second directed fisheries within the harvest 
limit area (HLA) in Statistical Areas 542 and 543. These actions are 
necessary to conduct directed fishing for Atka mackerel in the HLA in 
areas 542 and 543.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 908-586-7228.

SUPPLEMENTARY 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 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 2008 A season TAC of Atka mackerel for vessels participating in 
the BSAI trawl limited access fishery in the Eastern Aleutian District 
(Statistical Area 541) and the Bering Sea subarea was established as 
142 metric tons (mt) by the 2007 and 2008 final harvest specifications 
for groundfish in the BSAI (72 FR 9451, March 2, 2007) and revision (72 
FR 71802, December 19, 2007). See Sec.  679.20(a)(8)(ii) and 
(c)(3)(iii).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 142 mt of the 2008 A season Atka mackerel TAC for 
vessels participating in the BSAI trawl limited access fishery in the 
Eastern Aleutian District and the Bering Sea subarea will be necessary 
as incidental catch to support other anticipated groundfish fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt. In accordance with Sec.  679.20(d)(1)(iii), 
the Regional Administrator finds that this directed fishing allowance 
has been reached. Consequently, NMFS is prohibiting directed fishing 
for Atka mackerel in the Eastern Aleutian District and the Bering Sea 
subarea for vessels participating in the A season BSAI trawl limited 
access fishery.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after prohibiting 
directed fishing for Atka mackerel in the Eastern Aleutian Island 
District and the Bering Sea subarea. The Regional Administrator has 
established the opening date for the second HLA directed fisheries as 
48 hours after the last closure of the first HLA fisheries in either 
are 542 or 543. Consequently, NMFS is opening and closing directed 
fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance 
with the periods listed under Table 1 of this notice.

                                                           Table 1.--Effective Dates and Times
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                                                                                                         Effective date\1\
             Action                                Area                  -------------------------------------------------------------------------------
                                                                                           From                                     To
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Closing Atka Mackerel for        Eastern Aleutian District (541) and the  1200 hrs, January 20, 2008............  1200 hrs, September 1, 2008.
 vessels participating in the     Bering Sea subarea.
 BSAI trawl limited access
 fishery.
Opening the first and second     542....................................  1200 hrs, January 22, 2008............  1200 hrs, February 5, 2008.
 directed fishery in the HLA
 for the Amendment 80
 cooperative.
                                 543....................................  1200 hrs, February 7, 2008............  1200 hrs, February 21, 2008.
Opening the first and second     542 and 543............................  1200 hrs, January 22, 2008............  1200 hrs, February 5, 2008.
 directed fishery in the HLA
 for vessels participating in
 the Amendment 80 limited
 access sector.
                                 542 and 543............................  1200 hrs, February 7, 2008............  1200 hrs, February 21, 2008.
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\1\ Alaska local time.

    In accordance with Sec.  679.20(a)(8)(iii)(A) and Sec.  
679.20(a)(iii)(B), vessels using trawl gear for directed fishing for 
Atka mackerel have previously registered with NMFS to fish in the HLA 
fisheries in areas 542 and 543. NMFS has randomly assigned each vessel 
to the directed fishery or fisheries for which they have registered. 
NMFS has notified each vessel owner as to which fishery each vessel has 
been assigned by NMFS (73 FR 3218, January 17, 2008).
    In accordance with the 2007 and 2008 final harvest specifications 
for groundfish in the BSAI (72 FR 9451, March 2, 2007) and revision (72 
FR 71802, December 19, 2007), and Sec.  679.20(a)(8)(ii)(C)(1), the HLA 
limits of the A season allowance of the 2008 TACs in areas 542 and 543 
are 3,479 mt and 2,525 mt, respectively, for vessels participating in 
the Amendment 80 limited access fishery. The HLA limits of the A season 
allowance of the 2008 TACs in areas 542 and 543 are 2,294 mt and 1,571 
mt, respectively, for Amendment 80 cooperatives. In accordance with 
Sec.  679.20(a)(8)(iii)(E), the Regional Administrator has established 
the closure dates of the Atka mackerel directed fisheries 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 respective 
fisheries. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the HLA of areas 542 and 543 in accordance with the dates 
and times listed in Table 1 of this notice.
    After the effective dates of the 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

[[Page 4496]]

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 closure of the Atka mackerel 
fishery in the Eastern Aleutian District and the Bering Sea subarea for 
vessels participating in the BSAI trawl limited access fishery and the 
opening and closing of the fisheries for the HLA limits established for 
area 542 and area 543 pursuant to the 2008 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 January 11, 
2008. 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 the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 18, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-272 Filed 1-18-08; 3:04 pm]
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