Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7479 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Wisconsin: Columbia 

& Sauk.

City of Wisconsin 

Dells (07–05–

4282P).

November 14, 2007; November 21, 2007; Wisconsin 

Dells Events.

The Honorable Eric Helland, Mayor, City 

of Wisconsin Dells, P.O. Box 655, 

Wisconsin Dells, WI 53965.

November 30, 2007 ........ 550065 

Wisconsin: Milwaukee.City of West Allis 

(07–05–4106P).

November 1, 2007; November 

8, 2007; Milwaukee Journal 

Sentinel.

The Honorable Jeannette Bell, Mayor, 

City of West Allis, City Hall, Room 

123, 7525 West Greenfield Avenue, 

West Allis, WI 53214.

October 18, 2007 ........... 550285 

Wyoming: Sweetwater.City of Rock Springs 

(07–08–0796P).

September 22, 2007; September 27, 2007; Rock 

Springs Daily Rocket-Miner.

The Honorable Timothy A. Kaumo, 

Mayor, City of Rock Springs, 212 D 

Street, Rock Springs, WY 82901.

October 1, 2007 ............. 560051 

Wyoming: Sweetwater.

Unincorporated 

areas of Sweetwater County 

(07–08–0796P).

September 22, 2007; September 27, 2007; Rock 

Springs Daily Rocket-Miner.

The Honorable Wally Johnson, Chairman, Sweetwater County, Board of 

Commissioners, 80 West Flamingo 

Gorge Way, Green River, WY 82935.

October 1, 2007 ............. 560087 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 25, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–2380 Filed 2–7–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XF39 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the daily Highly Migratory Species 

(HMS) Angling category retention limits 

for Atlantic bluefin tuna (BFT) should 

be adjusted in order to prevent 

overharvest of the 2008 Angling 

category quota. Vessels permitted in the 

HMS Angling and HMS Charter/ 

Headboat categories are eligible to land 

BFT under the HMS Angling category 

quota. This action is being taken to meet 

domestic management objectives for the 

BFT fishery. 

DATES: Effective February 11, 2008, 

through December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, 978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the Consolidated Highly 

Migratory Species Fishery Management 

Plan (Consolidated HMS FMP) (71 FR 

58058, October 2, 2006). 

The 2008 BFT fishing year began on 

January 1, 2008, and ends December 31, 

2008. The final 2008 BFT quota 

specifications and effort controls were 

published on December 31, 2007 (72 FR 

74193). These final specifications 

established an Angling category 

retention limit of one school BFT (27 

inches (68.6 cm) to less than 47 inches 

(199.4 cm)), and two large school/small 

medium BFT (i.e., two BFT measuring 

47 inches (119.4 cm) to less than 73 

inches (185.4 cm)) per vessel per day/ 

trip. NMFS stated in the 2008 final 

specifications and effort controls that 

adjustments to the 2008 Angling 

category quotas and retention limits 

may be necessary once complete 

estimates from the Large Pelagics 

Survey (LPS) for the 2007 fishing year 

were available. 

Final LPS 2007 fishing year estimates 

of the number of fish landed are now 

available, although mean weight 

estimates for each size class will not be 

available until late spring to calculate 

total landings (weight) and for 

comparison of landings to available 

subquotas. Pending availability of final 

average weight calculations from the 

2007 fishing year, NMFS is proceeding 

with use of the average of 2004–2006 

mean weights as proxies for 2007 mean 

weights, to reflect recent fishery 

conditions and reduce the effect of 

inter-annual variability of fish size that 

may result from varying retention limits, 

weather conditions, etc. This 

methodology results in recreational 

estimates, including LPS estimates and 

NC BFT Census Tagging Program data, 

of 100.9 mt of school BFT, 256.3 mt of 

large school BFT, and 105.7 mt of small 

medium BFT. Note that the final LPS 

estimates (in number of fish) indicate a 

substantial overharvest of the large 

school/small medium BFT subquota 

regardless of the reference time frame 

selected for use of proxy mean weights 

to calculate the final recreational 

landings (in tonnage). The estimated 

landings of large school/small medium 

BFT (362 mt) were more than twice the 

allocated subquota for that size range 

(144 mt). With total estimated 

recreational landings of 464.1 mt, the 

total Angling category quota of 269.2 mt 

also has been exceeded. However, due 

to the magnitude of the underharvest of 

the total available quota (which, for 

2007, was 1,629 mt), no quota 

redistribution for the 2007 fishing year 

is necessary, nor is any adjustment of 

the Angling category quota for 2008. 

Specifically, total commercial and 

recreational landings for the 2007 

fishing year were 656.7 mt, resulting in 

an underharvest of 997.5 mt, which 

exceeds substantially the amount the 

United States was allowed to carry 

forward to the 2008 fishing year (i.e., 

595 mt, one half of the U.S. base quota). 

Despite the availability of overall 

quota, it is necessary for NMFS to use 

this best available information to take 

prompt action to avoid overharvest in 

2008, to remain in accordance with the 

Consolidated HMS FMP and implement 

quota specifications, and address 

concern for the biological impact of 

overharvesting smaller size classes of 

BFT on the stock, which is classified as 

overfished. Therefore, to reduce large 

school/small medium BFT landings for 

2008, NMFS is taking action through an 

inseason retention limit adjustment, 

described below. 

Under § 635.23(b)(3), NMFS may 

increase or decrease the HMS Angling 


jlentini on PROD1PC65 with RULES
7480 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

category daily retention limit based on 

the criteria provided in § 635.27(a)(8). 

As discussed above, the determination 

to adjust the retention limit is primarily 

based on the catches of large school/ 

small medium BFT in 2007 and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made 

(§ 635.27(a)(8)(ii)), and the anticipated 

availability of large school/small 

medium BFT on the fishing grounds 

§ 635.27(a)(8)(ix). NMFS anticipates that 

reduction of the retention limit for large 

school/small medium BFT will result in 

landings during 2008 that would not 

exceed the available subquota (183.4 mt) 

as set in the 2008 quota specifications 

(72 FR 74193, December 31, 2007). 

Daily Retention Limits 

Pursuant to this action and the final 

2008 BFT specifications, noted above, 

the BFT daily retention limit per vessel 

for the HMS Angling category and the 

HMS Charter/Headboat category (while 

fishing recreationally) is one BFT 

measuring 27 inches (68.6 cm) to less 

than 47 inches (119.4 cm), and one BFT 

measuring 47 inches (119.4 cm) to less 

than 73 inches (185.4 cm). In the case 

of multi-day trips, the daily limit 

applies. This action does not change the 

annual Angling category limit of one 

large medium or giant BFT (73 inches 

(185.4 cm) or greater) per vessel. 

Monitoring and Reporting 

NMFS selected the daily retention 

limit to apply for the remainder of 2008, 

or until changed, after examining 

current and previous fishing year catch 

and effort rates, taking into 

consideration public comment on the 

annual specifications, and analyzing the 

available quota for the 2008 fishing year. 

NMFS will continue to monitor the BFT 

fishery closely through dealer landing 

reports, the Automated Landings 

Reporting System, state harvest tagging 

programs in North Carolina and 

Maryland, and the LPS. Depending on 

the level of fishing effort, NMFS may 

determine that additional retention limit 

adjustments are necessary prior to 

December 31, 2008. Closures or 

subsequent adjustments to the daily 

retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action. LPS Angling category estimates 

and NC recreational census data, 

recently made available, indicate an 

overharvest of the Angling category 

quota in 2007, particularly the large 

school/small medium BFT subquota. An 

adjustment to the daily retention limit 

for large school/small medium BFT is 

warranted. Delaying this action would 

be contrary to the public interest 

because it could result in insufficient 

reduction of large school/small medium 

BFT landings and could result in more 

restrictive actions being needed later in 

the season (such as seasonal closures). 

Further, for fishing trip planning 

purposes, NMFS seeks to provide as 

much notice as possible about the 

fishing regulations that will apply 

during the active portion of the fishing 

year (beginning in late spring) so that 

anglers and charter/headboat operators 

can plan their fishing trips accordingly. 

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, 

there is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effectiveness of this action. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

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

et seq. 

Dated: February 5, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–2349 Filed 2–7–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XF52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel by 

Vessels in the Amendment 80 Limited 

Access Fishery in the Eastern Aleutian 

District and 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 Atka mackerel for vessels 

participating in the Amendment 80 

limited access fishery in the Eastern 

Aleutian District and Bering Sea subarea 

of the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2008 Atka 

mackerel allowable catch (TAC) 

specified for vessels participating in the 

Amendment 80 limited access fishery in 

the Eastern Aleutian District and Bering 

Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 5, 2008, through 

1200 hrs, A.l.t., September 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. 

The A season allowance of the 2008 

Atka mackerel TAC allocated to vessels 

participating in the Amendment 80 

limited access fishery in the Eastern 

Aleutian District and Bering Sea subarea 

of the BSAI is 3,654 metric tons (mt) as 

established by the 2007 and 2008 final 

harvest specifications for groundfish in 

the BSAI (72 FR 9451, March 2, 2007) 

and revision (72 FR 71802, December 

19, 2007). See § 679.20(a)(8)(ii)(A) and 

§ 679.91(c)(4). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2008 Atka mackerel TAC 

allocated to vessels participating in the 

Amendment 80 limited access fishery in 

the Eastern Aleutian District and Bering 

Sea subarea of the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,644 mt and is 

setting aside the remaining 10 mt as 

incidental catch to support other 

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 Atka mackerel by 

vessels participating in the Amendment 

80 limited access fishery in the Eastern 


jlentini on PROD1PC65 with RULES