Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44173 

rockfish allocated to catcher processors 

participating in the rockfish limited 

access fishery in the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 25, 2008, through 2400 

hrs, A.l.t., December 31, 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 2008 TAC of northern rockfish 

allocated to catcher processors 

participating in the rockfish limited 

access fishery in the Central GOA is 514 

metric tons (mt) as established by the 

2008 and 2009 harvest specifications for 

groundfish of the GOA (73 FR 10562, 

February 27, 2008), and as posted as the 

2008 Rockfish Program Allocations at 

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

sustainablefisheries/goarat/default.htm. 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of 

northern rockfish allocated to catcher 

processors participating in the rockfish 

limited access fishery in the Central 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 514 mt, and is setting aside 

the remaining 0 mt as bycatch 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 northern rockfish by 

catcher processors participating in the 

rockfish limited access fishery in the 

Central GOA. 

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 northern rockfish by 

catcher processors participating in the 

rockfish limited access fishery in the 

Central GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of July 24, 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 is exempt from review under 

Executive Order 12866. 

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

Dated: July 25, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1477 Filed 7–25–08; 3:29 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–XJ32 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2008 

incidental catch allowance (ICA) of Atka 

mackerel to the B season allowance of 

Atka mackerel for the Amendment 80 

cooperative in the Eastern Aleutian 

District and the Bering Sea subarea of 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2008 total 

allowable catch of Atka mackerel to be 

fully harvested. 

DATES: Effective July 29, 2008, through 

2400 hrs, Alaska local time (A.l.t.), 

December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2008 ICA of Atka mackerel is 

1,400 metric tons (mt) and the B season 

allowance of Atka mackerel for the 

Amendment 80 cooperative is 3,692 mt 

in the Eastern Aleutian District and the 

Bering Sea subarea of the BSAI as 

established by the 2008 and 2009 final 

harvest specifications for groundfish in 

the BSAI (73 FR 10160, February 26, 

2008). 

The Administrator, Alaska Region, 

NMFS, has determined that 1,300 mt of 

the ICA will not be harvested. 

Therefore, in accordance with 

§ 679.20(a)(8)(v)(B), NMFS apportions 

1,300 mt of Atka mackerel from the ICA 

to the B season allowance of Atka 

mackerel for the Amendment 80 

cooperative in the Eastern Aleutian 

District and the Bering Sea subarea of 

the BSAI. In accordance with 

§ 679.91(f), NMFS will reissue 

cooperative quota permits for the 

reallocated Atka mackerel following the 

procedures set forth in § 679.91(f)(3). 

The harvest specifications for Atka 

mackerel included in the harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

are revised as follows: 100 mt to the ICA 

and 4,992 mt to B season allowance of 

Atka mackerel for the Amendment 80 

cooperative in the Eastern Aleutian 

District and the Bering Sea subarea of 

the BSAI. Table 4 is correctly revised 

and republished in its entirety as 

follows: 


rwilkins on PROD1PC63 with RULES
44174 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

TABLE 4—2008 AND 2009 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL 

TAC 

[Amounts are in metric tons] 

Sector1 Season2,3

2008 allocation by area 2009 allocation by area 

Eastern Aleutian District/ 

Bering Sea 

Central Aleutian District Western Aleutian District 

Eastern Aleutian District/ 

Bering Sea 

Central Aleutian District Western Aleutian District 

TAC n/a 19,500 24,300 16,900 15,300 19,000 13,200 

CDQ reserve Total 2,087 2,600 1,808 1,637 2,033 1,412 

HLA4 n/a 1,560 1,085 n/a 1,220 847 

ICA Total 100 10 10 1,400 10 10 

Jig5 Total 80 0 0 61 0 0 

BSAI trawl limited access Total 319 434 0 488 678 0 

A 159 217 0 244 339 0 

HLA4 n/a 130 0 n/a 203 0 

B 159 217 0 244 339 0 

HLA4 n/a 130 0 n/a 203 0 

Amendment 80 

sectors 

Total 15,615 21,256 15,082 12,202 16,957 11,778 

A 7,807 10,628 7,541 6,101 8,479 5,889 

HLA4 4,684 6,377 4,525 3,660 5,087 3,533 

B 7,807 10,628 7,541 6,101 8,479 5,889 

HLA4 4,684 6,377 4,525 3,660 5,087 3,533 

Amendment 80 

limited access 

Total 8,232 12,809 9,298 n/a n/a n/a 

A 4,116 6,405 4,649 n/a n/a n/a 

HLA4 n/a 3,843 2,789 n/a n/a n/a 

B 4,116 6,405 4,649 n/a n/a n/a 

HLA4 n/a 3,843 2,789 n/a n/a n/a 

Amendment 80 

cooperatives 

Total 8,804 8,447 5,784 n/a n/a n/a 

A 3,812 4,224 2,892 n/a n/a n/a 

HLA4 n/a 2,534 1,735 n/a n/a n/a 

B 4,992 4,224 2,892 n/a n/a n/a 

HLA4 n/a 2,534 1,735 n/a n/a n/a 

1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs, to the 

Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited 

access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants 

(see §§ 679.20(b)(1)(ii)(C) and 679.31). 2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. The A season is 

January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1. 3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 4 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 

2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. 5 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear 

after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 

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 reallocation of Atka mackerel 

from the ICA to the Amendment 80 

cooperative in the Eastern Aleutian 

District and the Bering Sea subarea of 

the BSAI. Since the fishery is currently 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44175 

open, it is important to immediately 

inform the industry as to the revised 

allocations. 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 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of July 23, 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 is exempt from review under 

Executive Order 12866. 

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

Dated: July 25, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–17466 Filed 7–29–08; 8:45 am] 

BILLING CODE 3510–22–S 


rwilkins on PROD1PC63 with RULES