[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53159-53160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XK53


Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in 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 species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the 2008 Pacific 
halibut bycatch allowance specified for the deep-water species fishery 
in the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 
2008, through 1200 hrs, A.l.t., October 1, 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 halibut bycatch allowance specified for the deep-
water species fishery in the GOA is 800 metric tons as established by 
the 2008 and 2009 harvest specifications for groundfish of the GOA (73 
FR 10562, February 27, 2008), for the period 1200 hrs, A.l.t., January 
20, 2008, through 1200 hrs, A.l.t., October 1, 2008. The 2008 Pacific 
halibut bycatch allowance for the deep-water species fishery was 
reduced because 170 mt of this apportionment was allocated to vessels 
participating in the Rockfish Pilot Program, as listed at http://www.fakr.noaa.gov/sustainablefisheries/goarat/08rppallocations.xls.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the 2008 Pacific halibut bycatch 
allowance specified for the trawl deep-water species fishery in the GOA 
has been reached. Consequently, NMFS is prohibiting directed fishing 
for the deep-water species fishery by vessels using trawl gear in the 
GOA. The species and species groups that comprise the deep-water 
species fishery include sablefish, rockfish, deep-water flatfish, rex 
sole, and arrowtooth flounder. This closure does not apply to fishing 
by vessels participating in the cooperative fishery in the Rockfish 
Pilot Program for the Central GOA.
    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

[[Page 53160]]

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 deep-water species fishery by vessels using trawl gear 
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 September 9, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 10, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-21465 Filed 9-10-08; 4:15 pm]
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