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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XJ32
 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:
                    ( print page 44174) 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 areaEastern Aleutian District/Bering Sea
Central Aleutian District
Western Aleutian District
Eastern Aleutian District/Bering Sea
Central Aleutian District
Western Aleutian DistrictTAC
n/a
19,500
24,300
16,900
15,300
19,000
13,200CDQ reserve
Total
2,087
2,600
1,808
1,637
2,033
1,412HLA4
n/a
1,560
1,085
n/a
1,220
847ICA
Total
100
10
10
1,400
10
10Jig5
Total
80
0
0
61
0
0BSAI trawl limited access
Total
319
434
0
488
678
0A
159
217
0
244
339
0HLA4
n/a
130
0
n/a
203
0B
159
217
0
244
339
0HLA4
n/a
130
0
n/a
203
0Amendment 80 sectors
Total
15,615
21,256
15,082
12,202
16,957
11,778A
7,807
10,628
7,541
6,101
8,479
5,889HLA4
4,684
6,377
4,525
3,660
5,087
3,533B
7,807
10,628
7,541
6,101
8,479
5,889HLA4
4,684
6,377
4,525
3,660
5,087
3,533Amendment 80 limited access
Total
8,232
12,809
9,298
n/a
n/a
n/aA
4,116
6,405
4,649
n/a
n/a
n/aHLA4
n/a
3,843
2,789
n/a
n/a
n/aB
4,116
6,405
4,649
n/a
n/a
n/aHLA4
n/a
3,843
2,789
n/a
n/a
n/aAmendment 80 cooperatives
Total
8,804
8,447
5,784
n/a
n/a
n/aA
3,812
4,224
2,892
n/a
n/a
n/aHLA4
n/a
2,534
1,735
n/a
n/a
n/aB
4,992
4,224
2,892
n/a
n/a
n/aHLA4
n/a
2,534
1,735
n/a
n/a
n/a1
                         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 
                    ( print page 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