[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Rules and Regulations]
[Pages 9034-9035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-741]


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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.

ACTION: Temporary rule; closures and openings.

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SUMMARY: NMFS is announcing the opening and closing dates of the Atka 
mackerel directed fishery within the harvest limit area (HLA) in 
Statistical Area 542 for the vessel participating in the Amendment 80 
cooperative. This action is necessary to fully use the 2008 A season 
HLA limit established for the vessel participating in the Amendment 80 
cooperative.

DATES: Effective 1200 hrs, A.l.t., February 13, 2008, until 1200 hrs, 
A.l.t., February 27, 2008.
    Written comments must be received by February 28, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XD68, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Fax: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: 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 (for example, name, 
address, etc.) 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. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

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.
    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 
limit of the A season allowance of the 2008 Atka mackerel TACs is 2,294 
mt in the Central Aleutian District (area 542) for the Amendment 80 
cooperative. The HLA directed fishery for the vessel participating in 
the Amendment 80 cooperative were previously opened and closed (73 FR 
4494, January 25, 2008) based on the HLA apportionments of 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).
    NMFS has determined that approximately 1,139 mt remain in the Atka 
mackerel A season HLA limit in area 542 for the vessel participating in 
the Amendment 80 cooperative. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the 2008 A season HLA limit in area 542 for the vessel participating in 
the Amendment 80 cooperative, NMFS is reopening the directed fishery 
effective 1200 hrs, A.l.t., February 13, 2008.
    In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has established the closure date of the Atka mackerel 
directed fishery in the HLA for area 542 based on the amount of the 
harvest limit and the estimated fishing capacity of the vessel 
participating in the Amendment 80 cooperative. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the HLA of area 542 
for the vessel participating in the Amendment 80 cooperative effective 
1200 hrs, A.l.t., February 27, 2008.
    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 in area 542 for the vessel participating in the Amendment 
80 cooperative. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of February 8, 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.

[[Page 9035]]

553(d)(3). This finding is based upon the reasons provided above for 
waiver of prior notice and opportunity for public comment.
    Without this inseason adjustment, NMFS could not allow the Atka 
mackerel fishery in the HLA for area 542 to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec.  679.25(c)(2), interested persons are invited to submit written 
comments on this action to the above address until February 28, 2008.
    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: February 12, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-741 Filed 2-13-08; 12:16 pm]
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