[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Rules and Regulations]
[Page 6055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-458]



[[Page 6055]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XF44


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Amendment 80 Vessels Subject to Sideboard 
Limits in the Gulf of Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; modification of a closure.

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SUMMARY:  NMFS is opening directed fishing for species that comprise 
the shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the Gulf of Alaska (GOA). This action is necessary 
to fully use the first seasonal apportionment of the 2008 Pacific 
halibut prohibited species catch (PSC) limit specified for the shallow-
water species fishery by Amendment 80 vessels subject to sideboard 
limits in the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), January 29, 
2008, through 1200 hrs, A.l.t., April 1, 2008. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
February 13, 2008.

ADDRESSES:  You may submit comments, identified by 0648-XF44, by any 
one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov;
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802;
    <bullet> FAX: (907) 586-7557; or
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK. Send comments to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region, 
NMFS, Attn: Ellen Sebastian.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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.
    NMFS closed the directed fishery for the shallow-water species 
fishery by Amendment 80 vessels subject to sideboard limits in the GOA 
under Sec.  679.20(d)(1)(iii) on January 23, 2008 (73 FR 4760, January 
28, 2008).
    NMFS has determined that approximately 10 mt remain in the first 
seasonal apportionment of the 2008 Pacific halibut PSC limit specified 
for the shallow-water fishery by Amendment 80 vessels subject to 
sideboard limits in the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the first seasonal apportionment of the 2008 Pacific halibut PSC limit 
specified for the shallow-water species fishery by Amendment 80 vessels 
subject to sideboard limits in the GOA, NMFS is terminating the 
previous closure and is reopening directed fishing for shallow-water 
species by Amendment 80 vessels subject to sideboard limits in the GOA.

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 opening of the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits 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 January 28, 
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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for shallow-water species by Amendment 80 vessels subject to sideboard 
limits in the GOA to be harvested in an expedient manner and in 
accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until February 13, 2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: January 29, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-458 Filed 1-29-08; 2:25 pm]
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