21850 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations 

252.242–7005 and 252.242–7006 

[Removed] 

■ 8. Sections 252.242–7005 and 

252.242–7006 are removed. 

[FR Doc. E8–8706 Filed 4–22–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XH33 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch in the 

Eastern Aleutian District 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 fully use the 

2008 total allowable catch (TAC) of 

Pacific ocean perch in this area 

specified for vessels participating in the 

BSAI trawl limited access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 18, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., May 5, 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 ‘‘RIN 0648–

XH33,’’ 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. 

NMFS closed the directed fishery for 

Pacific ocean perch by vessels 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District of the BSAI on March 19, 2008 

(73 FR 15458, March 24, 2008). 

NMFS has determined that 

approximately 59 mt of the 2008 TAC of 

Pacific ocean perch for vessels 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District of the BSAI remain in the 

directed fishing allowance. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

utilize the 2008 TAC of Pacific ocean 

perch in this area specified for vessels 

participating in the BSAI trawl limited 

access fishery, NMFS is terminating the 

previous closure and is reopening 

directed fishing for Pacific ocean perch 

by vessels participating in the BSAI 

trawl limited access fishery in the 

Eastern Aleutian District of the BSAI. 

The opening is effective 1200 hrs, A.l.t., 

April 18, 2008, through 2400 hours, 

December 31, 2008. 

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 of the Pacific ocean 

perch fishery in the Eastern Aleutian 

District of the BSAI for vessels 

participating in the BSAI trawl limited 

access fishery. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 17, 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. 

Without this inseason adjustment, 

NMFS could not allow the Pacific ocean 

perch fishery in the Eastern Aleutian 

District of the BSAI for vessels 

participating in the BSAI trawl limited 

access fishery to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

May 5, 2008. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 17, 2008. 

William D. Chappell 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1173 Filed 4–18–08; 1:37 pm] 

BILLING CODE 3510–22–S 

mstockstill on PROD1PC66 with RULES