[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40764-40765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XJ09


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.

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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 GOA Rockfish Program in the Western Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to prevent exceeding the 2008 
sideboard limits of Pacific ocean perch established for catcher 
processors participating in the limited access or opt-out fisheries in 
the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 14, 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 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 ocean perch sideboard limit established for 
catcher

[[Page 40765]]

processors participating in the limited access or opt-out fisheries 
that are subject to sideboard limits in the Central GOA Rockfish 
Program in the Western Regulatory Area is 864 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 Sec.  679.82(d)(7)(i)(A), the Administrator, 
Alaska Region, NMFS (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 Western Regulatory Area will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
614 mt, and is setting aside the remaining 250 mt as bycatch to support 
other anticipated groundfish fisheries. In accordance with Sec.  
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 Western Regulatory Area.
    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 Pacific ocean perch sideboard limit for 
catcher processors participating in the limited access or opt-out 
fisheries in the Western Regulatory Area. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of July 10, 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.  679.82 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 11, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1435 Filed 7-11-08; 1:51 pm]
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