[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Rules and Regulations]
[Page 21850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XH33


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Bering Sea and Aleutian Islands Management Area

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 Pacific ocean perch in 
the Eastern Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI) for vessels participating in the BSAI trawl 
limited access fishery. This action is necessary to fully use the 2008 
total allowable catch (TAC) of Pacific ocean perch in this area 
specified for vessels participating in the BSAI trawl limited access 
fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 18, 2008, 
through 2400 hrs, A.l.t., December 31, 2008. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., May 5, 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-XH33,'' 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.
    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 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(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 Pacific ocean perch by vessels 
participating in the BSAI trawl limited access fishery in the Eastern 
Aleutian District of the BSAI on March 19, 2008 (73 FR 15458, March 24, 
2008).
    NMFS has determined that approximately 59 mt of the 2008 TAC of 
Pacific ocean perch for vessels participating in the BSAI trawl limited 
access fishery in the Eastern Aleutian District of the BSAI remain in 
the directed fishing allowance. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the 2008 TAC of Pacific ocean perch in this area specified for vessels 
participating in the BSAI trawl limited access fishery, NMFS is 
terminating the previous closure and is reopening directed fishing for 
Pacific ocean perch by vessels participating in the BSAI trawl limited 
access fishery in the Eastern Aleutian District of the BSAI. The 
opening is effective 1200 hrs, A.l.t., April 18, 2008, through 2400 
hours, December 31, 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) as such a 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 Pacific ocean perch fishery in the 
Eastern Aleutian District of the BSAI for vessels participating in the 
BSAI trawl limited access fishery. Immediate notification is necessary 
to allow for the orderly conduct and efficient operation of this 
fishery, to allow the industry to plan for the fishing season, and to 
avoid potential disruption to the fishing fleet and processors. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
April 17, 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 Pacific 
ocean perch fishery in the Eastern Aleutian District of the BSAI for 
vessels participating in the BSAI trawl limited access fishery 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 May 
5, 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: April 17, 2008.
William D. Chappell
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1173 Filed 4-18-08; 1:37 pm]
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