[Federal Register: September 2, 2008 (Volume 73, Number 170)]
[Rules and Regulations]
[Page 51242-51243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se08-9]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XK14
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
Eastern Aleutian District and the Bering Sea subarea 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 these areas by vessels participating in the BSAI trawl limited
access fishery. NMFS is also announcing the opening and closing dates
of the first and second directed fisheries within the harvest limit
area (HLA) in areas 542 and 543. These actions are necessary to conduct
directed fishing for Atka mackerel in the HLA in areas 542 and 543.
DATES: The effective dates are provided in Table 1 under the
SUPPLEMENTARY INFORMATION section of this temporary action.
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 TAC of Atka mackerel for vessels participating in the BSAI
trawl limited access fishery in the Eastern Aleutian District and the
Bering Sea subarea was established as 319 metric tons (mt) 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) and (d)(1)(ii)(B), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that 159 mt of the 2008 Atka mackerel TAC allocated to
vessels participating in the BSAI trawl limited access fishery in the
Eastern Aleutian District and the Bering Sea subarea will be necessary
as incidental catch to support other anticipated groundfish fisheries.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 160 mt. 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 Eastern Aleutian District and
the Bering Sea subarea by vessels participating in the BSAI trawl
limited access fishery.
In accordance with Sec. 679.20(a)(8)(iii)(C), the Regional
Administrator is opening the first directed fisheries for Atka mackerel
within the HLA in areas 542 and 543, 48 hours after prohibiting
directed fishing for Atka mackerel in the Eastern Aleutian District and
the Bering Sea subarea. The Regional Administrator has established the
opening dates for the second HLA directed fisheries as 48 hours after
the last closure of the first HLA fisheries in either area 542 or 543.
Consequently, NMFS is opening and closing directed fishing for Atka
mackerel in the HLA of areas 542 and 543 in accordance with the periods
listed under Table 1 of this notice.
[[Page 51243]]
Table 1. Effective dates and times
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Effective Date\1\
Action Area -----------------------------------
From To
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Prohibiting Atka Eastern Aleutian 1200 hrs, 1200 hrs,
mackerel by District and the September 1, November 1,
vessels Bering Sea 2008 2008
participating in subarea
the BSAI trawl
limited access
fishery
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Opening the first 542 and 543 1200 hrs, 1200 hrs,
and second September 3, September 13,
directed 2008 2008
fisheries in the
HLA for the
Amendment 80
cooperative
------------------------------------------------------
542 and 543 1200 hrs, 1200 hrs,
September 15, September 25,
2008 2008
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Opening the first 542 and 543 1200 hrs, 1200 hrs,
and second September 3, September 11,
directed 2008 2008
fisheries in the
HLA for vessels
participating in
the Amendment 80
limited access
sector
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542 and 543 1200 hrs, 1200 hrs,
September 13, September 21,
2008 2008
------------------------------------------------------------------------
Opening the first 542 1200 hrs, 1200 hrs,
directed fishery September 3, September 13,
in the HLA for 2008 2008
vessels
participating in
the BSAI trawl
limited access
sector
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\1\Alaska local time
In accordance with Sec. 679.20(a)(8)(iii)(A) and Sec.
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 Sec. 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 Sec. 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 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 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 Sec. 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]
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