Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53159 

fishing with the Ruhle Trawl under a 

Category A DAS in the Eastern U.S./ 

Canada Area are subject to the same gear 

performance incentives (i.e., bycatch 

possession restrictions) that currently 

apply to vessels fishing with the 

haddock separator trawl. The 

performance incentives limit possession 

of flounders (all species combined), 

monkfish, and skates to 500 lb (226.8 

kg) (whole weight) each ( i.e., no more 

than 500 lb (226.8 kg) of all flounders, 

no more than 500 lb (226.8 kg) of 

monkfish, and no more than 500 lb 

(226.8 kg) of skates), and prohibits 

possession of lobsters. Possession limits 

for other species are the same as those 

for any vessel fishing under an A DAS 

in the Eastern U.S./Canada Area. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

prior notice and comment and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. This 

action would allow fishermen 

additional flexibility by authorizing an 

additional gear type for all NE 

multispecies DAS vessels using trawl 

gear in the Eastern U.S./Canada Area 

through April 30, 2009, to facilitate the 

harvest of the TAC for Eastern GB 

haddock while ensuring that the TAC 

will not be exceeded during FY 2008. 

This will likely result in increased 

harvest of Eastern GB haddock, 

decreased regulatory discards of Eastern 

GB cod and GB yellowtail flounder by 

vessels targeting Eastern GB haddock, 

increased revenue for the NE 

multispecies fishery, and an increased 

chance of achieving optimum yield (OY) 

in the groundfish fishery. 

This action is authorized by the 

regulations at § 648.85(a)(3)(iv)(D) to 

facilitate achieving the U.S./Canada 

Area TACs. It is important to take this 

action immediately because the current 

restrictive gear requirements have 

prevented the NE multispecies fishery 

from effectively harvesting the Eastern 

GB haddock TAC at a rate that would 

result in complete harvest by the end of 

FY 2008. Delay in the implementation 

of this action would likely result in 

underharvest of the Eastern GB haddock 

TAC, wasteful discards of Eastern GB 

cod and GB yellowtail flounder by 

vessels targeting Eastern GB haddock, 

and potentially the premature closure of 

the Eastern U.S./Canada Area due to the 

harvest of either the GB yellowtail 

flounder TAC or Eastern GB cod TAC, 

resulting in decreased economic 

opportunity for vessel owners, and a 

decreased likelihood of achieving OY. 

The time necessary to provide for 

prior notice, opportunity for public 

comment, and delayed effectiveness for 

this action would prevent NE 

multispecies DAS vessels from 

efficiently targeting Eastern GB haddock 

in the U.S./Canada Area. The Regional 

Administrator’s authority to authorize 

additional gear types in the Eastern 

U.S./Canada Area to help ensure that 

the shared U.S./Canada stocks of fish 

are harvested, but not exceeded, was 

considered and open to public comment 

during the development of both 

Amendment 13 and Framework 

Adjustment 42. Further, the Ruhle 

Trawl is currently permissible gear in 

all other parts of the NE multispecies 

trawl fishery under an A DAS and was 

recently approved as an additional gear 

in the Regular B DAS Program and in 

the Eastern U.S./Canada Haddock 

Special Access Program, two programs 

that allow the use of Category B DAS. 

Its use in the Eastern U.S./Canada Area 

is consistent with the New England 

Fishery Management Council’s publicly 

stated intention to promote the use of 

this gear. Therefore, any negative effect 

the waiving of public comment and 

delayed effectiveness may have on the 

public is mitigated by these factors. 

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. E8–21487 Filed 9–12–08; 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–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. 

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 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 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 § 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 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 


jlentini on PROD1PC65 with RULES
53160 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

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 § 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] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with RULES