Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations 6055 

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. 

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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• FAX: (907) 586–7557; or 

• 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 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. 

NMFS closed the directed fishery for 

the shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA under 

§ 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 § 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 

§ 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 § 679.20 

and § 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] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with PROPOSALS