[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53159-53160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-23]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XK53
Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
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 species that comprise
the deep-water species fishery by vessels using trawl gear in the Gulf
of Alaska (GOA). This action is necessary because the 2008 Pacific
halibut bycatch allowance specified for the deep-water species fishery
in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11,
2008, through 1200 hrs, A.l.t., October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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 Pacific halibut bycatch allowance specified for the deep-
water species fishery in the GOA is 800 metric tons as established by
the 2008 and 2009 harvest specifications for groundfish of the GOA (73
FR 10562, February 27, 2008), for the period 1200 hrs, A.l.t., January
20, 2008, through 1200 hrs, A.l.t., October 1, 2008. The 2008 Pacific
halibut bycatch allowance for the deep-water species fishery was
reduced because 170 mt of this apportionment was allocated to vessels
participating in the Rockfish Pilot Program, as listed at http://
www.fakr.noaa.gov/sustainablefisheries/goarat/08rppallocations.xls.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2008 Pacific halibut bycatch
allowance specified for the trawl deep-water species fishery in the GOA
has been reached. Consequently, NMFS is prohibiting directed fishing
for the deep-water species fishery by vessels using trawl gear in the
GOA. The species and species groups that comprise the deep-water
species fishery include sablefish, rockfish, deep-water flatfish, rex
sole, and arrowtooth flounder. This closure does not apply to fishing
by vessels participating in the cooperative fishery in the Rockfish
Pilot Program for the Central GOA.
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
[[Page 53160]]
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 the deep-water species fishery by vessels using trawl gear
in the GOA. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of September 9, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 10, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-21465 Filed 9-10-08; 4:15 pm]
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