[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52930-52931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21326]


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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.

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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 9\th\ 
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 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 prohibited directed fishing for shallow-water species by 
vessels using trawl gear in the GOA under Sec.  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 Sec.  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 Sec.  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

[[Page 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 shallow-
water 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 Sec.  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 Sec.  679.21 and Sec.  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]
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