4760 Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Rules and Regulations 

§ 660.312 Vessel Monitoring System (VMS) 

requirements. 

* * * * * 

(d)* * * 

(4)* * * 

(iv) Long-term departure exemption. 

A vessel participating in the open access 

fishery that is required to have VMS 

under § 660.312 (b)(3) may be exempted 

from VMS provisions after the end of 

the fishing year in which it participated 

in the open access fishery, providing the 

vessel submits a completed exemption 

report signed by the vessel owner that 

includes a statement signed by the 

vessel owner indicating that the vessel 

will not be used to take and retain or 

possess groundfish in the EEZ or land 

groundfish taken in the EEZ during the 

new fishing year. 

* * * * * 

[FR Doc. E8–1430 Filed 1–25–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XF23 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Amendment 80 

Vessels Subject to Sideboard Limits in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the Gulf of Alaska 

(GOA). This action is necessary because 

the first seasonal apportionment of the 

2008 Pacific halibut prohibited species 

catch (PSC) limit specified for the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 23, 2008, through 

1200 hrs, A.l.t., April 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (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. 

The first seasonal apportionment of 

the 2008 Pacific halibut PSC limit 

specified for the shallow-water species 

fishery by Amendment 80 vessels 

subject to sideboard limits in the GOA 

is 10 metric tons as established by the 

2007 and 2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007) and revision (72 FR 

71802, December 19, 2007), for the 

period 1200 hrs, A.l.t., January 20, 2008, 

through 1200 hrs, A.l.t., April 1, 2008. 

In accordance with 

§ 679.20(d)(1)(vi)(C)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the first seasonal 

apportionment of the 2008 Pacific 

halibut PSC limit specified for the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

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 the shallow-water 

species fishery by Amendment 80 

vessels subject to sideboard limits using 

trawl gear in the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of January 18, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: January 22, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–342 Filed 1–23–08; 2:49 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XF25 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels in the Amendment 80 Limited 

Access Fishery 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 for vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2008 Pacific cod 

allowable catch (TAC) specified for 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 23, 2008, through 

1200 hrs, A.l.t., April 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 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Rules and Regulations 4761 

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 

Pacific cod TAC allocated to vessels 

participating in the Amendment 80 

limited access fishery in the BSAI is 

1,839 metric tons as established 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 §§ 679.20(a)(7)(ii)(A), 

679.20(a)(7)(iv)(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 entire A season 

allowance of the 2008 Pacific cod TAC 

allocated to vessels participating in the 

Amendment 80 limited access fishery in 

the BSAI will be caught as incidental 

catch in directed fisheries for other 

groundfish fisheries. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 0 mt and 

is setting aside the remaining 1,839 mt 

as incidental catch to support other 

anticipated 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 Pacific 

cod by vessels participating in the 

Amendment 80 limited access fishery in 

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 Pacific cod by 

vessels participating in the Amendment 

80 limited access fishery in 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 January 22, 

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: January 22, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–341 Filed 1–23–08; 2:48 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES