Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 50887 

fishery. Affording prior notice and 

opportunity for public comment to 

implement these retention limits is 

impracticable as it would preclude 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that the General category 

BFT retention limits may be increased 

with minimal risks of exceeding the 

ICCAT-allocated quota. 

Delays in increasing these retention 

limits would adversely affect those 

General and Charter/Headboat category 

vessels that would otherwise have an 

opportunity to harvest more than the 

default retention limit of one BFT per 

day and may exacerbate the problem of 

low catch rates and quota rollovers. 

Limited opportunities to harvest the 

respective quotas may have negative 

social and economic impacts to U.S. 

fishermen that either depend upon 

catching the available quota within the 

time periods designated in the 

Consolidated HMS FMP. Adjustment to 

the retention limit needs to be effective 

September 1, 2008, to minimize any 

unnecessary disruption in fishing 

patterns and for the impacted sectors to 

benefit from the adjustments so as to not 

preclude fishing opportunities from 

fishermen who only have access to the 

fishery during this time period. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of more fish), there is also 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and (b)(3) and is 

exempt from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 26, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20181 Filed 8–28–08; 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–XK11 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in 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 directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2008 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 26, 2008, through 

1200 hrs, A.l.t., October 1, 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 C season allowance of the 2008 

TAC of pollock in Statistical Area 630 

of the GOA is 4,431 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(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 753 mt, the 

amount of the B season allowance of the 

pollock TAC that was exceeded in 

Statistical Area 630. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 630 is 

3,678 mt (4,431 mt minus 753 mt). 

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

the Regional Administrator has 

determined that the C season allowance 

of the 2008 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,518 mt, and is 

setting aside the remaining 160 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 pollock in Statistical 

Area 630 of the 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 pollock in 

Statistical Area 630 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 25, 

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 26, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20156 Filed 8–26–08; 8:45 am] 

BILLING CODE 3510–22–S 


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