39626 Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Rules and Regulations 

recent data available. The aggregate data 

upon which the determinations are 

based are available for public inspection 

at the office of the Regional 

Administrator (see ADDRESSES) during 

business hours. The Assistant 

Administrator for Fisheries (AA), 

NMFS, finds good cause to waive the 

requirement to provide prior notice and 

opportunity for comment on this action 

pursuant to 5 U.S.C. 553 (3)(b)(B), 

because providing prior notice and 

opportunity would be impracticable. It 

would be impracticable because if this 

restriction were delayedin order to 

provide notice and comment, it would 

allow the allocation for the shore-based 

fishery south of 42° N. lat. to be 

exceeded. Similarly, the AA finds good 

cause to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3), as such a delay would cause 

the fishery south of 42° N. lat. to exceed 

its allocation. Allowing the early season 

fishery to continue would result in a 

disproportionate shift in effort, which 

could result in greater impacts on 

Endangered Species Act listed Chinook 

salmon and overfished groundfish 

species that had been considered when 

the 2008 Pacific Coast groundfish 

harvest specifications were established. 

This action is taken under the 

authority of 50 CFR 660.323(b)(4), and 

is exempt from review under Executive 

Order 12866. 

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

Dated: July 7, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–15716 Filed 7–9–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XI93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 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 northern rockfish 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 northern 

rockfish in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 7, 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 northern rockfish in 

the Western Regulatory Area of the GOA 

is 2,141 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, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of 

northern rockfish in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,121 mt, and is 

setting aside the remaining 20 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for northern rockfish in 

the Western Regulatory Area 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 northern rockfish in 

the Western Regulatory Area 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 2, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 3, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1425 Filed 7–3–08; 2:32 pm] 

BILLING CODE 3510–22–S 

mstockstill on PROD1PC66 with RULES