47852 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 

thornyhead rockfish in the Western 

Regulatory Area of the GOA has been 

reached. Therefore, NMFS is requiring 

that thornyhead rockfish caught in the 

Western Regulatory Area of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

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 prohibition of retention of 

thornyhead rockfish in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 11, 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: August 12, 2008. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–18934 Filed 8–12–08; 4:15 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–XJ73 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery 

assignments. 

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the 2008 B season 

Atka mackerel fishery in harvest limit 

area (HLA) 542 and/or 543 of the 

Aleutian Islands subarea of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the harvest of the 2008 B season 

HLA limits established for area 542 and 

area 543 pursuant to the 2008 and 2009 

harvest specifications for groundfish in 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 12, 2008, until 1200 

hrs, A.l.t., November 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. 

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Eight vessels have registered 

with NMFS to fish in the B season HLA 

fisheries in areas 542 and/or 543. In 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment. 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

542 and the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) is as follows: Federal 

Fishery Permit number (FFP) 2733 

Seafreeze Alaska and FFP 3835 

Seafisher. The vessel authorized to 

participate in the first HLA directed 

fishery in area 543 and the second HLA 

directed fishery in area 542 in 

accordance with § 679.20(a)(8)(iii) is as 

follows: FFP 2134 Ocean Peace. 

For the Amendment 80 limited access 

sector, vessels authorized to participate 

in the first HLA directed fishery in area 

542 and in the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) are as follows: FFP 

4093 Alaska Victory and FFP 3819 

Alaska Spirit. Vessels authorized to 

participate in the first HLA directed 

fishery in area 543 and in the second 

HLA directed fishery in area 542 in 

accordance with § 679.20(a)(8)(iii) are as 

follows: FFP 2443 Alaska Juris and FFP 

3423 Alaska Warrior. 

For the BSAI trawl limited access 

sector, the vessel authorized to 

participate in the first HLA directed 

fishery in area 542 in accordance with 

§ 679.20(a)(8)(iii) is as follows: FFP 

11770 Alaska Knight. 

Classification 

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 unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the B season 

HLA fisheries in area 542 and area 543. 

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: August 12, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–18935 Filed 8–12–08; 4:15 pm] 

BILLING CODE 3510–22–S 


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