Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 51243 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Date1

From To 

Prohibiting Atka mackerel by vessels participating in the BSAI trawl 

limited access fishery 

Eastern Aleutian District and the 

Bering Sea subarea 

1200 hrs, September 1, 2008 1200 hrs, November 1, 2008 

Opening the first and second directed fisheries in the HLA for the 

Amendment 80 cooperative 

542 and 543 1200 hrs, September 3, 2008 1200 hrs, September 13, 2008 

542 and 543 1200 hrs, September 15, 2008 1200 hrs, September 25, 2008 

Opening the first and second directed fisheries in the HLA for 

vessels participating in the 

Amendment 80 limited access 

sector 

542 and 543 1200 hrs, September 3, 2008 1200 hrs, September 11, 2008 

542 and 543 1200 hrs, September 13, 2008 1200 hrs, September 21, 2008 

Opening the first directed fishery 

in the HLA for vessels participating in the BSAI trawl limited 

access sector 

542 1200 hrs, September 3, 2008 1200 hrs, September 13, 2008 

1Alaska local time 

In accordance with 

§ 679.20(a)(8)(iii)(A) and 

§ 679.20(a)(8)(iii)(B), vessels using trawl 

gear for directed fishing for Atka 

mackerel have previously registered 

with NMFS to fish in the HLA fisheries 

in areas 542 and 543. NMFS has 

randomly assigned each vessel to the 

directed fishery or fisheries for which 

they have registered. NMFS has notified 

each vessel owner as to which fishery 

each vessel has been assigned by NMFS 

(73 FR 47852, August 11, 2008). 

In accordance with the final 2008 and 

2009 harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008), revision (73 FR 

44173, July 30, 2008), and correction (73 

FR 47559, August 14, 2008), and 

§ 679.20(a)(8)(ii)(C)(1), the HLA limits of 

the B season allowance of the 2008 

TACs in areas 542 and 543 are 3,843 mt 

and 2,789 mt, respectively, for vessels 

participating in the Amendment 80 

limited access fishery. The HLA limits 

of the B season allowance of the 2008 

TACs in areas 542 and 543 are 2,534 mt 

and 1,735 mt, respectively, for 

Amendment 80 cooperatives. The HLA 

limit of the B season allowance of the 

2008 TACs in area 542 is 130 mt for the 

BSAI trawl limited access fishery. In 

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

the Regional Administrator has 

established the closure dates of the Atka 

mackerel directed fisheries in the HLA 

for areas 542 and 543 based on the 

amount of the harvest limit and the 

estimated fishing capacity of the vessels 

assigned to the respective fisheries. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel in the 

HLA of areas 542 and 543 in accordance 

with the dates and times listed in Table 

1 of this notice. 

After the effective dates of these 

closures, 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 a 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 the Atka mackerel 

fishery in the Eastern Aleutian District 

and the Bering Sea subarea for vessels 

participating in the BSAI trawl limited 

access fishery and the opening and 

closing of the fisheries for the HLA 

limits established for area 542 and area 

543 pursuant to the 2008 Atka mackerel 

TAC. 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 27, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20251 Filed 8–27–08; 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–XK13 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 60 ft (18.3 m) LOA and 

Longer Using Hook-and-Line Gear in 

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. 


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51244 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

greater than or equal to 60 ft (≥ 18.3 

meters (m)) length overall (LOA) using 

hook-and-line gear in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2008 Pacific cod 

total allowable catch (TAC) allocated to 

catcher vessels ≥ 60 ft (18.3 m) LOA 

using hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 28, 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 Pacific cod TAC allocated to 

catcher vessels ≥ 60 ft (18.3 m) LOA 

using hook-and-line gear in the BSAI is 

153 metric tons (mt) as established by 

the final 2008 and 2009 harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

and reallocation on August 19, 2008 (73 

FR 49962, August 25, 2008). 

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

the Regional Administrator finds that 

the 2008 Pacific cod directed fishing 

allowance allocated to catcher vessels ≥ 

60 ft (18.3 m) LOA using hook-and-line 

gear in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels ≥ 60 ft (18.3 m) LOA 

using hook-and-line gear in 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 Pacific cod by 

catcher vessels ≥ 60 ft (18.3 m) LOA 

using hook-and-line gear in 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 August 26, 

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 section 

679.20 and is exempt from review under 

Executive Order 12866. 

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

Dated: August 27, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20252 Filed 8–27–08; 4:15 pm] 

BILLING CODE 3510–22–S 


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