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9034 Federal Register / Vol. 73, No.

33 / Tuesday, February 19, 2008 / Rules and Regulations

amended, 47 U.S.C. 225, and Sections A season HLA limit established for the participating in the Amendment 80
0.141, 0.361, and 1.3 of the vessel participating in the Amendment cooperative were previously opened and
Commission’s rules, 47 CFR 0.141, 80 cooperative. closed (73 FR 4494, January 25, 2008)
0.361, and 1.3, documents DA 07–5098 DATES: Effective 1200 hrs, A.l.t., based on the HLA apportionments of the
and DA 08–45 are adopted. For VRS, the February 13, 2008, until 1200 hrs, A.l.t., 2007 and 2008 final harvest
waivers of the one-line VCO, VCO-to- February 27, 2008. specifications for groundfish in the
TTY, and VCO-to-VCO; one-line HCO, Written comments must be received BSAI (72 FR 9451, March 2, 2007) and
HCO-to-TTY, and HCO-to-HCO; call by February 28, 2008. revision (72 FR 71802, December 19,
release; pay-per-call (900) calls, types of ADDRESSES: Send comments to Sue 2007).
calls, and equal access to interexchange Salveson, Assistant Regional NMFS has determined that
carrier requirements are hereby Administrator, Sustainable Fisheries approximately 1,139 mt remain in the
extended for one year, i.e., until January Division, Alaska Region, NMFS, Attn: Atka mackerel A season HLA limit in
1, 2009, conditioned on the filing of a Ellen Sebastian. You may submit area 542 for the vessel participating in
report, due April 16, 2008, addressing the Amendment 80 cooperative.
comments, identified by 0648–XD68, by
whether it is necessary for the waivers Therefore, in accordance with
any one of the following methods:
to remain in effect. The waiver of the • Electronic Submissions: Submit all § 679.25(a)(1)(i), (a)(2)(i)(C), and
speed dialing requirement for VRS is electronic public comments via the (a)(2)(iii)(D), and to fully utilize the
extended through April 30, 2008. Federal eRulemaking Portal website at 2008 A season HLA limit in area 542 for
19. For IP Relay, the waivers of the the vessel participating in the
http://www.regulations.gov;
one-line VCO, VCO-to-TTY, and VCO- • Mail: P.O. Box 21668, Juneau, AK Amendment 80 cooperative, NMFS is
to-VCO; one-line HCO, HCO-to-TTY, 99802; reopening the directed fishery effective
and HCO-to-HCO; call release; pay-per- • Fax: (907) 586–7557; or 1200 hrs, A.l.t., February 13, 2008.
call (900) calls; STS; and speed dialing • Hand delivery to the Federal In accordance with
requirements are hereby extended for Building: 709 West 9th Street, Room § 679.20(a)(8)(iii)(E), the Regional
one year, i.e., until January 1, 2009, 420A, Juneau, AK. Administrator has established the
conditioned on the filing of a report, Instructions: All comments received closure date of the Atka mackerel
due April 16, 2008, addressing whether are a part of the public record and will directed fishery in the HLA for area 542
it is necessary for the waivers to remain generally be posted to http:// based on the amount of the harvest limit
in effect. www.regulations.gov without change. and the estimated fishing capacity of the
20. The waivers of the three-way All Personal Identifying Information (for vessel participating in the Amendment
calling requirements (for VRS and IP example, name, address, etc.) 80 cooperative. Consequently, NMFS is
Relay) expired on January 1, 2008. voluntarily submitted by the commenter prohibiting directed fishing for Atka
may be publicly accessible. Do not mackerel in the HLA of area 542 for the
Federal Communications Commission.
submit Confidential Business vessel participating in the Amendment
Nicole McGinnis, 80 cooperative effective 1200 hrs, A.l.t.,
Deputy Bureau Chief, Consumer and Information or otherwise sensitive or
protected information. February 27, 2008.
Governmental Affairs Bureau. After the effective dates of these
[FR Doc. E8–3024 Filed 2–15–08; 8:45 am] NMFS will accept anonymous
closures, the maximum retainable
comments. Attachments to electronic
BILLING CODE 6712–01–P amounts at § 679.20(e) and (f) apply at
comments will be accepted in Microsoft
any time during a trip.
Word, Excel, WordPerfect, or Adobe
PDF file formats only. Classification
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT: This action responds to the best
National Oceanic and Atmospheric Jennifer Hogan, 907–586–7228. available information recently obtained
Administration SUPPLEMENTARY INFORMATION: NMFS from the fishery. The Assistant
manages the groundfish fishery in the Administrator for Fisheries, NOAA,
50 CFR Part 679 BSAI exclusive economic zone (AA) finds good cause to waive the
[Docket No. 070213033–7033–01]
according to the Fishery Management requirement to provide prior notice and
Plan for Groundfish of the Bering Sea opportunity for public comment
RIN 0648–XD68 and Aleutian Islands Management Area pursuant to the authority set forth at 5
(FMP) prepared by the North Pacific U.S.C. 553(b)(B) as such a requirement
Fisheries of the Exclusive Economic Fishery Management Council under is impracticable and contrary to the
Zone Off Alaska; Atka Mackerel in the authority of the Magnuson-Stevens public interest. This requirement is
Bering Sea and Aleutian Islands Fishery Conservation and Management impracticable and contrary to the public
Management Area Act. Regulations governing fishing by interest as it would prevent NMFS from
AGENCY: National Marine Fisheries U.S. vessels in accordance with the FMP responding to the most recent fisheries
Service (NMFS), National Oceanic and appear at subpart H of 50 CFR part 600 data in a timely fashion and would
Atmospheric Administration (NOAA), and 50 CFR part 679. delay the opening and closing of the
Commerce. In accordance with the 2007 and 2008 fishery for the HLA limit established in
ACTION: Temporary rule; closures and final harvest specifications for area 542 for the vessel participating in
openings. groundfish in the BSAI (72 FR 9451, the Amendment 80 cooperative. NMFS
March 2, 2007) and revision (72 FR was unable to publish a notice
SUMMARY: NMFS is announcing the 71802, December 19, 2007), and providing time for public comment
opening and closing dates of the Atka § 679.20(a)(8)(ii)(C)(1), the HLA limit of because the most recent, relevant data
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mackerel directed fishery within the the A season allowance of the 2008 Atka only became available as of February 8,
harvest limit area (HLA) in Statistical mackerel TACs is 2,294 mt in the 2008.
Area 542 for the vessel participating in Central Aleutian District (area 542) for The AA also finds good cause to
the Amendment 80 cooperative. This the Amendment 80 cooperative. The waive the 30-day delay in the effective
action is necessary to fully use the 2008 HLA directed fishery for the vessel date of this action under 5 U.S.C.

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Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations 9035

553(d)(3). This finding is based upon Assessment/Regulatory Impact Review/ known occurrences of coral and sponge
the reasons provided above for waiver of Initial Regulatory Flexibility Analysis habitat and where nonpelagic trawling
prior notice and opportunity for public (EA/RIR/IRFA) and Final Regulatory previously occurred. A map of the
comment. Flexibility Analysis for this action may AIHCA is available from the NMFS
Without this inseason adjustment, be obtained from NMFS Alaska Region, Alaska Region website at http://
NMFS could not allow the Atka P. O. Box 21668, Juneau, AK 99802 or www.fakr.noaa.gov/habitat/efh/
mackerel fishery in the HLA for area 542 from the Alaska Region NMFS website aihca.pdf.
to be harvested in an expedient manner at http://www.fakr.noaa.gov. In March 2007, the Council
and in accordance with the regulatory FOR FURTHER INFORMATION CONTACT: recommended two revisions to the
schedule. Under § 679.25(c)(2), Melanie Brown, 907–586–7228 or email boundaries of the AIHCA. These
interested persons are invited to submit at melanie.brown@noaa.gov. revisions were developed in response to
written comments on this action to the information provided by the nonpelagic
SUPPLEMENTARY INFORMATION: The
above address until February 28, 2008. trawl industry regarding correct fishing
groundfish fisheries in the Bering Sea
This action is required by § 679.20 locations and additional information on
and Aleutian Islands Management Area coral and sponge occurrence in the
and § 679.25 and is exempt from review (BSAI) are managed under the Fishery
under Executive Order 12866. Aleutian Islands. The two revisions
Management Plan for Groundfish of the change the AIHCA boundaries near
Authority: 16 U.S.C. 1801 et seq. Bering Sea and Aleutian Islands Agattu Island and Buldir Island. A
Dated: February 12, 2008. Management Area (FMP). The North figure showing the revisions is in the
Emily H. Menashes Pacific Fishery Management Council proposed rule for this action (72 FR
(Council) prepared the FMP under the 65539, November 21, 2007) and in the
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. authority of the Magnuson-Stevens EA/RIR/IRFA (see ADDRESSES). The final
Fishery Conservation and Management rule prohibits nonpelagic trawling in an
[FR Doc. 08–741 Filed 2–13–08; 12:16 pm]
Act (Magnuson-Stevens Act). area west of Buldir Island and permits
BILLING CODE 3510–22–S
Regulations implementing the FMP nonpelagic trawling in an area north of
appear at 50 CFR parts 679 and 680. Agattu Island.
DEPARTMENT OF COMMERCE General regulations governing U.S. The area near Agattu Island is opened
fisheries also appear at 50 CFR part 600. to nonpelagic trawling because no
National Oceanic and Atmospheric The groundfish fishery restrictions for known occurrence of coral or sponge
Administration the AIHCA described in the FMP are habitat exists in this area, and
implemented by regulations at 50 CFR nonpelagic trawling historically has
50 CFR Part 679 part 679. occurred in this location. The area near
Background Buldir Island is closed to nonpelagic
[Docket No. 070711313–8014–02]
trawling because NMFS surveys show
RIN 0648–AV62 In 2006, NMFS implemented essential corals and sponges occur in this area.
fish habitat (EFH) protection measures Anecdotal information from the fishing
Fisheries of the Exclusive Economic for the Aleutian Islands subarea and industry also indicated that fishermen
Zone Off Alaska; Groundfish, Crab, adjacent State of Alaska (State) waters using nonpelagic trawl gear avoid the
Scallop, and Salmon Fisheries of the (71 FR 36694, June 28, 2006, and Buldir Island closure area to protect
Bering Sea and Aleutian Islands corrected at 72 FR 63500, November 9, fishing gear from damage by bottom
Management Area 2007). The background on the structures. Details of the fishing history
development of the EFH protection and biological features of these sites are
AGENCY: National Marine Fisheries measures is available in the proposed
Service (NMFS), National Oceanic and available in the EA/RIR/IRFA for this
rule for that action (71 FR 14470, March action (see ADDRESSES).
Atmospheric Administration (NOAA), 22, 2006). The revisions to the AIHCA The final rule revises the coordinates
Commerce. required amendments to the groundfish, for the boundaries of the AIHCA near
ACTION: Final rule. crab, scallop, and salmon fishery Agattu Island and Buldir Island. Table
management plans for the Alaska 24 to 50 CFR part 679 contains
SUMMARY: NMFS issues a final rule that
fisheries. These amendments (88, 23, 12, coordinates for sites where nonpelagic
implements Amendment 88 to the and 9, respectively) were described in trawling is permitted in the AIHCA.
Fishery Management Plan for the notice of availability published in Table 24 is revised to specify the new
Groundfish of the Bering Sea and the Federal Register (72 FR 63871, coordinates near Agattu and Buldir
Aleutian Islands Management Area. November 13, 2007), which provides the Islands that are necessary to adjust the
This amendment revises the Aleutian details of these amendments. Only boundaries of the AIHCA. These new
Islands Habitat Conservation Area Amendment 88 to the groundfish FMP boundaries will allow for nonpelagic
(AIHCA) boundary to allow nonpelagic requires regulatory changes, which are trawling near Agattu Island and prohibit
trawling in an area historically fished implemented by this final rule. The nonpelagic trawling near Buldir Island.
and to prohibit nonpelagic trawling in Secretary of Commerce approved all of The final rule modifies the coordinates
an area of known coral and sponge the fishery management plan for the Buldir and Semichi areas listed
occurrence. This action is necessary to amendments for the AIHCA revisions on on Table 24. The Semichi area includes
ensure the AIHCA protects areas of coral February 4, 2008. the waters near Agattu Island opened to
and sponge habitat from the potential The EFH protection measures nonpelagic trawling. Because the final
effects of nonpelagic trawling and prohibited nonpelagic trawling within rule divides the Buldir Island open area
allows nonpelagic trawling in areas the AIHCA. The AIHCA is the Aleutian into two areas to allow for the closure
historically fished and with unknown
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Islands subarea and adjacent State area, the final rule adds the West Buldir
occurrence of corals and sponges. waters except for specific sites that site to Table 24. The final rule also
DATES: Effective March 20, 2008. remain open to nonpelagic trawling. removes the site number for each site
ADDRESSES: Copies of the map of the Locations open to nonpelagic trawling because the site number serves no
AIHCA and the Environmental in the AIHCA include areas without additional purpose in the identification

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