[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Rules and Regulations]
[Page 42722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1456]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XJ17


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the West Yakutat District of 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 Pacific ocean perch 
by catcher processors participating in the limited access or opt-out 
fisheries that are subject to sideboard limits established under the 
Central Gulf of Alaska (GOA) Rockfish Program in the West Yakutat 
District of the GOA. This action is necessary to prevent exceeding the 
2008 sideboard limit of Pacific ocean perch established for catcher 
processors participating in the limited access or opt-out fisheries in 
the West Yakutat District of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 17, 2008, 
through 1200 hrs, A.l.t., July 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 Pacific ocean perch sideboard limit established for 
catcher processors participating in the limited access or opt-out 
fisheries that are subject to sideboard limits under the Central GOA 
Rockfish Program in the West Yakutat District of the GOA is 722 mt. The 
sideboard limit is established by the 2008 and 2009 harvest 
specifications for groundfish of the GOA (73 FR 10562, February 27, 
2008), and as posted as the 2008 Rockfish Program Catcher Processor 
Sideboards at http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
    In accordance with Sec.  679.82(d)(7)(i)(A), the Regional 
Administrator has determined that the 2008 Pacific ocean perch 
sideboard limit established for catcher processors participating in the 
limited access or opt-out fisheries in the West Yakutat District of the 
GOA will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 722 mt, and is setting 
aside the remaining 0 mt as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec.  679.82(d)(7)(ii), the 
Regional Administrator finds that this directed fishing allowance has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
the Pacific ocean perch sideboard limit established for catcher 
processors participating in the limited access or opt-out fisheries in 
the West Yakutat District 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 the Pacific ocean perch sideboard limit by 
catcher processors participating in the limited access or opt-out 
fisheries in the West Yakutat District 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 July 15, 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.  679.82 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1456 Filed 7-17-08; 3:24 pm]
BILLING CODE 3510-22-S