[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Page 33332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XI37


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish for Catcher 
Vessels Participating in the Limited Access Rockfish Fishery in the 
Central Regulatory Area of 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 northern rockfish, 
Pacific ocean perch, and pelagic shelf rockfish for catcher vessels 
participating in the limited access rockfish fishery in the Central 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
to prevent exceeding the 2008 total allowable catch (TAC) of northern 
rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to 
catcher vessels participating in the limited access rockfish fishery in 
the Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2008, 
through 2400 hrs, A.l.t., December 31, 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 rockfish TACs allocated as directed fishing allowances to 
catcher vessels participating in the limited access rockfish fishery in 
the Central Regulatory Area of the GOA are: 28 metric tons (mt) for 
Pacific ocean perch, 10 mt for northern rockfish, and 5 mt for pelagic 
shelf rockfish.
    In accordance with Sec.  679.82(b)(6), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the TACs of 
northern rockfish, Pacific ocean perch, and pelagic shelf rockfish 
allocated as a directed fishing allowance to catcher vessels 
participating in the limited access rockfish fishery in the Central 
Regulatory Area of the GOA will not support directed fishing for the 
limited access rockfish fishery. Therefore, NMFS is prohibiting 
directed fishing for northern rockfish, Pacific ocean perch, and 
pelagic shelf rockfish for catcher vessels participating in the limited 
access rockfish fishery in the Central Regulatory Area of the 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 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 northern rockfish, Pacific ocean perch, and 
pelagic shelf rockfish for catcher vessels participating in the limited 
access rockfish fishery in the Central Regulatory Area of 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 June 
4, 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.  679.20 and Sec.  679.82 and is 
exempt from review under Executive Order 12866.

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

    Dated: June 6, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-13234 Filed 6-11-08; 8:45 am]
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