[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Rules and Regulations]
[Pages 62212-62213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24905]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XL33


Fisheries of the Exclusive Economic Zone Off Alaska; Hook-and-
Line Gear 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 groundfish by vessels 
using hook-and-line gear in the Gulf of Alaska (GOA), except for 
demersal shelf rockfish in the Southeast Outside District or sablefish 
in the GOA. This action is necessary to prevent exceeding the 2008 
Pacific halibut prohibited species catch (PSC) limit specified for 
vessels using hook-and-line gear targeting groundfish other than 
demersal shelf rockfish in the Southeast Outside District or sablefish 
in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 16, 
2008, through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 halibut PSC limit allocated to vessels using hook-
and-line gear targeting groundfish other than demersal shelf rockfish 
in the Southeast Outside District or sablefish in the GOA was 
established as 290 metric tons by the 2008 and 2009 harvest 
specifications for groundfish of the GOA (73 FR 10562, February 27, 
2008).
    In accordance with Sec.  679.21(d)(7)(ii), the Regional 
Administrator has determined that the 2008 Pacific halibut PSC limit 
allocated to vessels using hook-and-line gear targeting groundfish 
other than demersal shelf rockfish in the Southeast Outside District or 
sablefish in the GOA will soon be reached. Therefore, NMFS is 
prohibiting directed fishing for groundfish by vessels using hook-and-
line gear in the Gulf of Alaska (GOA), except for demersal shelf 
rockfish in the Southeast Outside District or sablefish in the GOA.
    After the effective date of this closure, the maximum retainable 
amounts at 50 CFR 679.20(e) and (f) apply at any time during a trip for 
vessels fishing for demersal shelf rockfish in the Southeast Outside 
District or sablefish in the GOA.

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 closing directed fishing for groundfish by vessels using 
hook-and-line 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 October 14, 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

[[Page 62213]]

prior notice and opportunity for public comment.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 15, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-24905 Filed 10-15-08; 8:45 am]
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