7480 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

category daily retention limit based on 

the criteria provided in § 635.27(a)(8). 

As discussed above, the determination 

to adjust the retention limit is primarily 

based on the catches of large school/ 

small medium BFT in 2007 and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made 

(§ 635.27(a)(8)(ii)), and the anticipated 

availability of large school/small 

medium BFT on the fishing grounds 

§ 635.27(a)(8)(ix). NMFS anticipates that 

reduction of the retention limit for large 

school/small medium BFT will result in 

landings during 2008 that would not 

exceed the available subquota (183.4 mt) 

as set in the 2008 quota specifications 

(72 FR 74193, December 31, 2007). 

Daily Retention Limits 

Pursuant to this action and the final 

2008 BFT specifications, noted above, 

the BFT daily retention limit per vessel 

for the HMS Angling category and the 

HMS Charter/Headboat category (while 

fishing recreationally) is one BFT 

measuring 27 inches (68.6 cm) to less 

than 47 inches (119.4 cm), and one BFT 

measuring 47 inches (119.4 cm) to less 

than 73 inches (185.4 cm). In the case 

of multi-day trips, the daily limit 

applies. This action does not change the 

annual Angling category limit of one 

large medium or giant BFT (73 inches 

(185.4 cm) or greater) per vessel. 

Monitoring and Reporting 

NMFS selected the daily retention 

limit to apply for the remainder of 2008, 

or until changed, after examining 

current and previous fishing year catch 

and effort rates, taking into 

consideration public comment on the 

annual specifications, and analyzing the 

available quota for the 2008 fishing year. 

NMFS will continue to monitor the BFT 

fishery closely through dealer landing 

reports, the Automated Landings 

Reporting System, state harvest tagging 

programs in North Carolina and 

Maryland, and the LPS. Depending on 

the level of fishing effort, NMFS may 

determine that additional retention limit 

adjustments are necessary prior to 

December 31, 2008. Closures or 

subsequent adjustments to the daily 

retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action. LPS Angling category estimates 

and NC recreational census data, 

recently made available, indicate an 

overharvest of the Angling category 

quota in 2007, particularly the large 

school/small medium BFT subquota. An 

adjustment to the daily retention limit 

for large school/small medium BFT is 

warranted. Delaying this action would 

be contrary to the public interest 

because it could result in insufficient 

reduction of large school/small medium 

BFT landings and could result in more 

restrictive actions being needed later in 

the season (such as seasonal closures). 

Further, for fishing trip planning 

purposes, NMFS seeks to provide as 

much notice as possible about the 

fishing regulations that will apply 

during the active portion of the fishing 

year (beginning in late spring) so that 

anglers and charter/headboat operators 

can plan their fishing trips accordingly. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effectiveness of this action. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: February 5, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–2349 Filed 2–7–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XF52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel by 

Vessels in the Amendment 80 Limited 

Access Fishery in the Eastern Aleutian 

District and Bering Sea Subarea 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 Eastern 

Aleutian District and Bering Sea subarea 

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 Eastern Aleutian District and Bering 

Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 5, 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 Eastern 

Aleutian District and Bering Sea subarea 

of the BSAI is 3,654 metric tons (mt) 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)(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 Eastern Aleutian District and Bering 

Sea subarea of the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,644 mt and is 

setting aside the remaining 10 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 Eastern 


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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7481 

Aleutian District and Bering Sea subarea 

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 Eastern 

Aleutian District and Bering Sea subarea 

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 February 4, 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: February 5, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–567 Filed 2–5–08; 12:10 pm] 

BILLING CODE 3510–22–S 


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