[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66561-66562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XL65


Fisheries of the Exclusive Economic Zone Off Alaska; Trawl 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 trawl gear in the Gulf of Alaska (GOA), except for directed 
fishing for pollock by vessels using pelagic trawl gear in those 
portions of the GOA open to directed fishing for pollock. This closure 
also does not apply to fishing by vessels participating in the 
cooperative fishery in the Rockfish Pilot Program for the Central GOA. 
This action is necessary to prevent exceeding the 2008 Pacific halibut 
prohibited species catch (PSC) limit specified for vessels using trawl 
gear in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 6, 
2008, through 2400 hrs, A.l.t., December 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 halibut PSC limit for vessels using trawl gear was 
established as 2,000 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)(i), the Regional 
Administrator has determined that the 2008 Pacific halibut PSC limit 
allocated to vessels using trawl gear in the GOA will soon be reached. 
Therefore, NMFS is prohibiting directed fishing for groundfish by 
vessels using trawl gear in the GOA, except for directed fishing for 
pollock by vessels using pelagic trawl gear in

[[Page 66562]]

those portions of the GOA that remain open to directed fishing for 
pollock. This closure also does not apply to fishing by vessels 
participating in the cooperative fishery in the Rockfish Pilot Program 
for the Central 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 
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 November 4, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 5, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-26701 Filed 11-5-08; 4:15 pm]
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