42722 Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Rules and Regulations 

Dated: July 17, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1455 Filed 7–17–08; 3:24 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XJ17 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch by 

catcher processors participating in the 

limited access or opt-out fisheries that 

are subject to sideboard limits 

established under the Central Gulf of 

Alaska (GOA) Rockfish Program in the 

West Yakutat District of the GOA. This 

action is necessary to prevent exceeding 

the 2008 sideboard limit of Pacific 

ocean perch established for catcher 

processors participating in the limited 

access or opt-out fisheries in the West 

Yakutat District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 17, 2008, through 1200 

hrs, A.l.t., July 31, 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 MagnusonStevens 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 ocean perch 

sideboard limit established for catcher 

processors participating in the limited 

access or opt-out fisheries that are 

subject to sideboard limits under the 

Central GOA Rockfish Program in the 

West Yakutat District of the GOA is 722 

mt. The sideboard limit is established 

by the 2008 and 2009 harvest 

specifications for groundfish of the GOA 

(73 FR 10562, February 27, 2008), and 

as posted as the 2008 Rockfish Program 

Catcher Processor Sideboards at http:// 

alaskafisheries.noaa.gov/ 

sustainablefisheries/goarat/default.htm. 

In accordance with 

§ 679.82(d)(7)(i)(A), the Regional 

Administrator has determined that the 

2008 Pacific ocean perch sideboard 

limit established for catcher processors 

participating in the limited access or 

opt-out fisheries in the West Yakutat 

District of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 722 mt, and is 

setting aside the remaining 0 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.82(d)(7)(ii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for the Pacific ocean 

perch sideboard limit established for 

catcher processors participating in the 

limited access or opt-out fisheries in the 

West Yakutat District of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 the Pacific ocean 

perch sideboard limit by catcher 

processors participating in the limited 

access or opt-out fisheries in the West 

Yakutat District of 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 July 15, 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 § 679.82 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 17, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1456 Filed 7–17–08; 3:24 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XJ19 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2008 total 

allowable catch (TAC) of Pacific ocean 

perch in the Western Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 18, 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 

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 MagnusonStevens 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 Pacific ocean perch 

in the Western Regulatory Area of the 

GOA is 3,686 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 


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