[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Rules and Regulations]
[Page 63082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25330]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XL45


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch by Vessels in the Amendment 80 Limited Access Fishery in 
the Eastern Aleutian District of the Bering Sea and Aleutian Islands 
Management Area

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 Pacific ocean perch 
for vessels participating in the Amendment 80 limited access fishery in 
the Eastern Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2008 Pacific ocean perch allowable catch (TAC) specified for 
vessels participating in the Amendment 80 limited access fishery in the 
Eastern Aleutian District of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 20, 
2008, through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(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 TAC allocated to vessels participating 
in the Amendment 80 limited access fishery in the Eastern Aleutian 
District of the BSAI is 2,154 metric tons (mt) as established by the 
2008 and 2009 final harvest specifications for groundfish in the BSAI 
(73 FR 10160, February 26, 2008). See Sec.  679.20(a)(10)(i), Sec.  
679.20(a)(10)(ii), and Sec.  679.91(c)(4).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2008 
Pacific ocean perch TAC allocated to vessels participating in the 
Amendment 80 limited access fishery in the Eastern Aleutian District of 
the BSAI will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 1,600 mt and is setting 
aside the remaining 554 mt as incidental catch to support other 
groundfish fisheries. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
Pacific ocean perch by vessels participating in the Amendment 80 
limited access fishery in the Eastern Aleutian District of the BSAI.
    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 Pacific ocean perch by vessels participating 
in the Amendment 80 limited access fishery in the Eastern Aleutian 
District of the BSAI. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of October 17, 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.  679.91 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-25330 Filed 10-20-08; 4:15 pm]
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