[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Pages 58899-58900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23879]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK99


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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; closures and openings.

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

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 3, 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 in the Central Aleutian District 
allocated to vessels participating in the BSAI trawl limited access 
fishery was established as 434 metric tons (mt) by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008), reallocation (73 FR

[[Page 58900]]

44173, July 30, 2008), and correction (73 FR 47559, August 14, 2008).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2008 TAC of Atka mackerel in the Central Aleutian 
District allocated to vessels participating in the BSAI trawl limited 
access fishery will soon be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 424 mt, 
and is setting aside the remaining 10 mt as incidental catch to support 
other anticipated 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 in the Central Aleutian District by 
vessels participating in the BSAI trawl limited access fishery.
    After the effective dates of these closures, 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 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 Central 
Aleutian District by vessels participating in the BSAI trawl limited 
access fishery. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of September 2, 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 is exempt from review 
under Executive Order 12866.

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

    Dated: October 3, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23879 Filed 10-3-08; 4:15 pm]
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