Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47851 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the fishery since the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: August 12, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18937 Filed 8–12–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 0612242866–8888–03] 

RIN 0648–AU89 

Atlantic Highly Migratory Species 

(HMS); Atlantic Shark Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; effectiveness of 

collection-of-information requirements. 

SUMMARY: NMFS announces approval by 

the Office of Management and Budget 

(OMB) of collection-of-information 

requirements contained in regulations 

implementing Amendment 2 to the 2006 

Consolidated Atlantic Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP). This final rule sets forth the 

effective date of the collection-ofinformation requirements. 

DATES: The collection-of-information 

requirements in § 635.5 will be effective 

on September 15, 2008. 

ADDRESSES: Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this final rule may be submitted to 

David Rostker, OMB, by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Jackie Wilson, NMFS HMS Management 

Division, 240–338–3936. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible on the internet at: 

www.gpoaccess.gov/fr/index.html. 

Background 

A final rule for Amendment 2 to the 

2006 Consolidated Atlantic HMS FMP 

was published in the Federal Register 

on June 24, 2008 (73 FR 35778), and a 

correction was published on July 15, 

2008 (73 FR 40658). That final rule 

became effective on July 24, 2008. The 

OMB approval of the collection-ofinformation requirements for § 635.5 

had not been received by the date the 

final rule was submitted to the Office of 

the Federal Register for publication. 

Because OMB approval of the 

collection-of-information requirements 

had not been received by NMFS by the 

date the final rule was published, the 

effective date of the associated 

recordkeeping and reporting 

requirements in that rule was delayed. 

OMB approved the collection-ofinformation requirements contained in 

the rule on June 23, 2008. Accordingly, 

this final rule makes effective the 

collection-of-information requirements 

at § 635.5 contained in the final rule 

published on June 24, 2008. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866.tanding any 

other provision of the law, no person is 

required to respond to, and no person 

shall be subject to penalty for failure to 

comply with, a collection-ofinformation requirement subject to the 

requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection-of-information displays a 

currently valid OMB control number. 

This final rule contains revisions to 

collection-of- information requirements 

subject to the PRA under OMB Control 

Number 0648–0040. NMFS sought 

approval regarding the addition of a 

check box on the HMS dealer form. This 

check box would allow HMS dealers to 

note whether or not shark fins were 

naturally attached to the shark through 

offloading. NMFS does not expect that 

the addition of a check box regarding 

shark fins would add to the reporting 

burden. 

Send comments regarding these 

burden estimates or any other aspect of 

this data collection, including 

suggestions for reducing the burden, to 

David Rostker at 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

Dated: August 11, 2008. 

James W. Balsiger 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–18944 Filed 8–14–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XJ72 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Thornyhead 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 thornyhead rockfish in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2008 total allowable catch (TAC) of 

thornyhead rockfish in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 13, 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 thornyhead rockfish 

in the Western Regulatory Area of the 

GOA is 267 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2008 TAC of 


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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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