45884 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

pursuant to the authority set forth at 5 

U.S.C. § 553(b)(B) for the closure of the 

July 1–September 14 directed harvest of 

Pacific sardine. For the reasons set forth 

below, notice and comment procedures 

are impracticable and contrary to the 

public interest. For the same reasons, 

NMFS also finds good cause under 5 

U.S.C. § 553(d)(3) to waive the 30–day 

delay in effectiveness for this action. 

This measure responds to the best 

available information and is necessary 

for the conservation and management of 

the Pacific sardine resource. A delay in 

effectiveness would cause the fishery to 

exceed the in-season harvest level. 

These seasonal harvest levels are 

important mechanisms in preventing 

overfishing and managing the fishery at 

optimum yield. The established directed 

and incidental harvest allocations are 

designed to allow fair and equitable 

opportunity to the resource by all 

sectors of the Pacific sardine fishery and 

to allow access to other profitable CPS 

fisheries, such as squid and Pacific 

mackerel. 

Many of the same fishermen who 

harvest Pacific sardine rely on these 

other fisheries for a significant portion 

of their income. 

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

Dated: August 1, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–18198 Filed 8–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XJ58 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Greenland Turbot in 

the 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 Greenland turbot in the 

Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2008 Greenland 

turbot total allowable catch (TAC) in the 

Bering Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 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 

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 Greenland turbot TAC in 

the Bering Sea subarea of the BSAI is 

1,563 metric tons (mt) as established by 

the 2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

and the allocation from the nonspecified reserves (73 FR 40193, July 14, 

2008). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2008 

Greenland turbot TAC in the Bering Sea 

subarea of the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 1,063 mt, and is 

setting aside the remaining 500 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 Greenland turbot in 

the 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 Greenland turbot in 

the 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 July 31, 

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 31, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable 

Fisheries,National Marine Fisheries Service. 

[FR Doc. E8–18068 Filed 8–1–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XJ64 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shortraker Rockfish 

in the Western Regulatory Area of 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 retention 

of shortraker rockfish in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2008 total allowable catch (TAC) of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 4, 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 MagnusonVerDate Aug<31>2005 15:21 Aug 06, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\07AUR1.SGM 07AUR1

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