Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 57553 

§ 73.622(i) [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas, is amended by adding 

channel 51 and removing channel 38 at 

Longview. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–23155 Filed 10–2–08; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 § 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 

§ 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 

§ 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 § 679.20 

and § 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] 

BILLING CODE 3510–22–S 


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