9034 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations 

amended, 47 U.S.C. 225, and Sections 

0.141, 0.361, and 1.3 of the 

Commission’s rules, 47 CFR 0.141, 

0.361, and 1.3, documents DA 07–5098 

and DA 08–45 are adopted. For VRS, the 

waivers of the one-line VCO, VCO-toTTY, and VCO-to-VCO; one-line HCO, 

HCO-to-TTY, and HCO-to-HCO; call 

release; pay-per-call (900) calls, types of 

calls, and equal access to interexchange 

carrier requirements are hereby 

extended for one year, i.e., until January 

1, 2009, conditioned on the filing of a 

report, due April 16, 2008, addressing 

whether it is necessary for the waivers 

to remain in effect. The waiver of the 

speed dialing requirement for VRS is 

extended through April 30, 2008. 

19. For IP Relay, the waivers of the 

one-line VCO, VCO-to-TTY, and VCOto-VCO; one-line HCO, HCO-to-TTY, 

and HCO-to-HCO; call release; pay-percall (900) calls; STS; and speed dialing 

requirements are hereby extended for 

one year, i.e., until January 1, 2009, 

conditioned on the filing of a report, 

due April 16, 2008, addressing whether 

it is necessary for the waivers to remain 

in effect. 

20. The waivers of the three-way 

calling requirements (for VRS and IP 

Relay) expired on January 1, 2008. 

Federal Communications Commission. 

Nicole McGinnis, 

Deputy Bureau Chief, Consumer and 

Governmental Affairs Bureau. 

[FR Doc. E8–3024 Filed 2–15–08; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 

§ 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 

§ 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 

§ 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 § 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. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations 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 § 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 § 679.20 

and § 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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070711313–8014–02] 

RIN 0648–AV62 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish, Crab, 

Scallop, and Salmon Fisheries of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule that 

implements Amendment 88 to the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area. 

This amendment revises the Aleutian 

Islands Habitat Conservation Area 

(AIHCA) boundary to allow nonpelagic 

trawling in an area historically fished 

and to prohibit nonpelagic trawling in 

an area of known coral and sponge 

occurrence. This action is necessary to 

ensure the AIHCA protects areas of coral 

and sponge habitat from the potential 

effects of nonpelagic trawling and 

allows nonpelagic trawling in areas 

historically fished and with unknown 

occurrence of corals and sponges. 

DATES: Effective March 20, 2008. 

ADDRESSES: Copies of the map of the 

AIHCA and the Environmental 

Assessment/Regulatory Impact Review/ 

Initial Regulatory Flexibility Analysis 

(EA/RIR/IRFA) and Final Regulatory 

Flexibility Analysis for this action may 

be obtained from NMFS Alaska Region, 

P. O. Box 21668, Juneau, AK 99802 or 

from the Alaska Region NMFS website 

at http://www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907–586–7228 or email 

at melanie.brown@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the Bering Sea 

and Aleutian Islands Management Area 

(BSAI) are managed under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The North 

Pacific Fishery Management Council 

(Council) prepared the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Regulations implementing the FMP 

appear at 50 CFR parts 679 and 680. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

The groundfish fishery restrictions for 

the AIHCA described in the FMP are 

implemented by regulations at 50 CFR 

part 679. 

Background 

In 2006, NMFS implemented essential 

fish habitat (EFH) protection measures 

for the Aleutian Islands subarea and 

adjacent State of Alaska (State) waters 

(71 FR 36694, June 28, 2006, and 

corrected at 72 FR 63500, November 9, 

2007). The background on the 

development of the EFH protection 

measures is available in the proposed 

rule for that action (71 FR 14470, March 

22, 2006). The revisions to the AIHCA 

required amendments to the groundfish, 

crab, scallop, and salmon fishery 

management plans for the Alaska 

fisheries. These amendments (88, 23, 12, 

and 9, respectively) were described in 

the notice of availability published in 

the Federal Register (72 FR 63871, 

November 13, 2007), which provides the 

details of these amendments. Only 

Amendment 88 to the groundfish FMP 

requires regulatory changes, which are 

implemented by this final rule. The 

Secretary of Commerce approved all of 

the fishery management plan 

amendments for the AIHCA revisions on 

February 4, 2008. 

The EFH protection measures 

prohibited nonpelagic trawling within 

the AIHCA. The AIHCA is the Aleutian 

Islands subarea and adjacent State 

waters except for specific sites that 

remain open to nonpelagic trawling. 

Locations open to nonpelagic trawling 

in the AIHCA include areas without 

known occurrences of coral and sponge 

habitat and where nonpelagic trawling 

previously occurred. A map of the 

AIHCA is available from the NMFS 

Alaska Region website at http:// 

www.fakr.noaa.gov/habitat/efh/ 

aihca.pdf. 

In March 2007, the Council 

recommended two revisions to the 

boundaries of the AIHCA. These 

revisions were developed in response to 

information provided by the nonpelagic 

trawl industry regarding correct fishing 

locations and additional information on 

coral and sponge occurrence in the 

Aleutian Islands. The two revisions 

change the AIHCA boundaries near 

Agattu Island and Buldir Island. A 

figure showing the revisions is in the 

proposed rule for this action (72 FR 

65539, November 21, 2007) and in the 

EA/RIR/IRFA (see ADDRESSES). The final 

rule prohibits nonpelagic trawling in an 

area west of Buldir Island and permits 

nonpelagic trawling in an area north of 

Agattu Island. 

The area near Agattu Island is opened 

to nonpelagic trawling because no 

known occurrence of coral or sponge 

habitat exists in this area, and 

nonpelagic trawling historically has 

occurred in this location. The area near 

Buldir Island is closed to nonpelagic 

trawling because NMFS surveys show 

corals and sponges occur in this area. 

Anecdotal information from the fishing 

industry also indicated that fishermen 

using nonpelagic trawl gear avoid the 

Buldir Island closure area to protect 

fishing gear from damage by bottom 

structures. Details of the fishing history 

and biological features of these sites are 

available in the EA/RIR/IRFA for this 

action (see ADDRESSES). 

The final rule revises the coordinates 

for the boundaries of the AIHCA near 

Agattu Island and Buldir Island. Table 

24 to 50 CFR part 679 contains 

coordinates for sites where nonpelagic 

trawling is permitted in the AIHCA. 

Table 24 is revised to specify the new 

coordinates near Agattu and Buldir 

Islands that are necessary to adjust the 

boundaries of the AIHCA. These new 

boundaries will allow for nonpelagic 

trawling near Agattu Island and prohibit 

nonpelagic trawling near Buldir Island. 

The final rule modifies the coordinates 

for the Buldir and Semichi areas listed 

on Table 24. The Semichi area includes 

the waters near Agattu Island opened to 

nonpelagic trawling. Because the final 

rule divides the Buldir Island open area 

into two areas to allow for the closure 

area, the final rule adds the West Buldir 

site to Table 24. The final rule also 

removes the site number for each site 

because the site number serves no 

additional purpose in the identification 


rwilkins on PROD1PC63 with RULES