19172 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XH07 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel by 

Vessels in the Amendment 80 Limited 

Access Fishery in the Western 

Aleutian District of the 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 prohibiting directed 

fishing for Atka mackerel for vessels 

participating in the Amendment 80 

limited access fishery in the Western 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2008 Atka mackerel 

allowable catch (TAC) specified for 

vessels participating in the Amendment 

80 limited access fishery in the Western 

Aleutian District of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 4, 2008, through 1200 

hrs, A.l.t., September 1, 2008. 

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. 

The A season allowance of the 2008 

Atka mackerel TAC allocated to vessels 

participating in the Amendment 80 

limited access fishery in the Western 

Aleutian District of the BSAI is 4,649 

metric tons (mt) as established by the 

2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008). 

See § 679.20(a)(8)(ii)(A) and 

§ 679.91(c)(4). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2008 Atka mackerel TAC 

allocated to vessels participating in the 

Amendment 80 limited access fishery in 

the Western Aleutian District of the 

BSAI will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 4,629 mt and is setting 

aside the remaining 20 mt as incidental 

catch to support other groundfish 

fisheries. In accordance with 

§ 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 by 

vessels participating in the Amendment 

80 limited access fishery in the Western 

Aleutian District of 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 Atka mackerel by 

vessels participating in the Amendment 

80 limited access fishery in the Western 

Aleutian District of 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 April 3, 

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 § 679.20 

and § 679.91 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 4, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1114 Filed 4–4–08; 2:17 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XH03 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by trawl catcher 

vessels in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the B season allowance of the 2008 

Pacific cod allowable catch (TAC) 

specified for trawl catcher vessels in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 4, 2008, though 1200 

hrs, A.l.t., June 10, 2008. 

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. 

The B season allowance of the 2008 

Pacific cod TAC allocated to trawl 

catcher vessels in the BSAI is 3,706 

metric tons as established by the 2008 

and 2009 final harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that the B season allowance 

of the 2008 Pacific cod TAC allocated to 

trawl catcher vessels in the BSAI will 

soon be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,656 mt, and is 

setting aside the remaining 50 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 


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