52930 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

apportionment of the 2008 Pacific 

halibut bycatch allowance specified for 

the deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. For the 

Amendment 80 sideboards, the species 

and species groups that comprise the 

deep-water species fishery include 

sablefish, rockfish, deep-water flatfish, 

rex sole, and arrowtooth flounder, and 

do not include northern rockfish, Pacific 

ocean perch, and pelagic shelf rockfish 

in 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 

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 Amendment 80 

vessels subject to sideboard limits 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 8, 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: September 9, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21325 Filed 9–9–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK44 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow-Water 

Species 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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for shallow-water species by 

vessels using trawl gear in the Gulf of 

Alaska (GOA) for 36 hours. This action 

is necessary to fully use the fourth 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in of the GOA. 

DATES: Effective 0800 hrs, Alaska local 

time (A.l.t.), September 10, 2008, 

through 2000 hrs, A.l.t., September 11, 

2008. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 24, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

XK44,’’ 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. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

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 (e.g., name, address) 

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 (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) 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 prohibited directed fishing for 

shallow-water species by vessels using 

trawl gear in the GOA under 

§ 679.21(d)(7)(i) on September 3, 2008 

(73 FR 51601, September 4, 2008). 

NMFS has determined that 

approximately 134 mt remain in the 

fourth seasonal apportionment of the 

2008 Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery 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 fourth seasonal 

apportionment of the 2008 Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

in the GOA, NMFS is terminating the 

previous closure and is opening 

directed fishing for trawl shallow-water 

species by vessels using trawl gear in 

the GOA. In accordance with 

§ 679.21(d)(7)(i), the Regional 

Administrator finds that the fourth 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA will be 

reached after 36 hours. Consequently, 

NMFS is prohibiting directed fishing for 

shallow-water species by vessels using 

trawl gear in the GOA, effective 2000 

hrs, A.l.t., September 11, 2008. 

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) and 50 CFR 

679.25(c)(1)(ii) 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 


ebenthall on PROD1PC60 with RULES
Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52931 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of the shallow-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 8, 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 shallowwater species fishery for vessels using 

trawl gear 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 September 24, 2008. 

This action is required by § 679.21 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 9, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21326 Filed 9–9–08; 4:15 pm] 

BILLING CODE 3510–22–S 


ebenthall on PROD1PC60 with RULES