[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30524-30525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-16]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XI14
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole by Vessels Participating in the Amendment 80 Limited Access
Fishery in Bycatch Limitation Zone 1 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.
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SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole by
vessels participating in the Amendment 80 limited access fishery in
Bycatch Limitation Zone 1 (Zone 1) of the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2008 bycatch allowance of red king crab in Zone 1
specified for the trawl yellowfin sole fishery category by vessels
participating in the Amendment 80 limited access fishery in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 22, 2008,
through 2400 hrs, A.l.t., December 31, 2008.
[[Page 30525]]
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 bycatch allowance of red king crab in Zone 1 specified for
the trawl yellowfin sole fishery category by vessels participating in
the Amendment 80 limited access fishery for the yellowfin sole fishery
category in the BSAI is 6,100 animals as established by the 2008 and
2009 final harvest specifications for groundfish in the BSAI (73 FR
10160, February 26, 2008).
In accordance with Sec. 679.21(e)(7)(ii), the Administrator,
Alaska Region, NMFS, has determined that the 2008 bycatch allowance of
red king crab specified for the trawl yellowfin sole fishery category
by vessels participating in the Amendment 80 limited access fishery in
Zone 1 of the BSAI will be caught. Consequently, NMFS is prohibiting
directed fishing for yellowfin sole by vessels participating in the
Amendment 80 limited access fishery in Zone 1 of the BSAI.
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 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 directed fishing for yellowfin sole by
vessels participating in the Amendment 80 limited access fishery in
Zone 1 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 May 21, 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: May 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1299 Filed 5-22-08; 3:26 pm]
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