[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Rules and Regulations]
[Page 57553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23380]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK85


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel by Vessels in the Amendment 80 Limited Access Fishery in the 
Western Aleutian District 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.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel by 
vessels participating in the Amendment 80 limited access fishery in the 
Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2008 Atka mackerel allowable catch (TAC) specified for vessels 
participating in the Amendment 80 limited access fishery in the Western 
Aleutian District of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 30, 
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 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 2008 Atka mackerel TAC allocated to vessels participating in 
the Amendment 80 limited access fishery in the Western Aleutian 
District of the BSAI is 9,298 metric tons (mt) as established by the 
2008 and 2009 final harvest specifications for groundfish in the BSAI 
(73 FR 10160, February 26, 2008), reallocation (73 FR 44173, July 30, 
2008), and correction (73 FR 47559, August 14, 2008).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2008 
Atka mackerel TAC allocated to vessels participating in the Amendment 
80 limited access fishery in the Western Aleutian District of the BSAI 
will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 9,288 mt and is setting 
aside the remaining 10 mt as incidental catch to support other 
groundfish fisheries. In accordance with Sec.  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 Western Aleutian District of the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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 Atka mackerel by vessels participating in 
the Amendment 80 limited access fishery in the Western Aleutian 
District of 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 September 29, 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 Sec.  679.20 and Sec.  679.91 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 30, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-23380 Filed 9-30-08; 4:15 pm]
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