[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52929-52930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21325]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XK43


Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water 
Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in 
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 species that comprise 
the deep-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the Gulf of Alaska (GOA). This action is necessary 
because the fourth seasonal apportionment of the 2008 Pacific halibut 
prohibited species catch (PSC) limit specified for the deep-water 
species fishery by Amendment 80 vessels subject to sideboard limits in 
the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 9, 
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 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 fourth seasonal 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 is 3 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., September 1, 2008, through 1200 hrs, A.l.t., October 
1, 2008.
    In accordance with Sec.  679.20(d)(1)(vi)(C)(1), the Administrator, 
Alaska Region, NMFS, has determined that the third seasonal

[[Page 52930]]

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 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 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 Sec.  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]
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