[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Rules and Regulations]
[Pages 69586-69587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27480]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XL83


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; modification of a closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is opening directed fishing for groundfish by vessels 
using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, 
Alaska local time, November 16, 2008. This action is necessary to fully 
use 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 16, 
2008, through 2400 hrs, A.l.t., December 31, 2008. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
December 1, 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-XL83,'' 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 9th 
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: Steve Whitney, 907-586-7269.

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 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 halibut PSC limit specified for vessels using 
trawl gear in the GOA is 2,000 metric tons (mt) as established by the 
2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 
10562, February 27, 2008).
    NMFS prohibited directed fishing for groundfish by vessels using 
trawl gear in the GOA under Sec.  679.21(d)(7)(i) on November 6, 2008 
(73 FR 66561, November 10, 2008). On November 13, 135 mt of Pacific 
halibut PSC limit was reallocated from Rockfish Pilot Program 
cooperative quota to the apportionment for trawl gear under Sec.  
679.21(d)(5)(iii)(B). As of November 13, 2008, NMFS has determined that 
approximately 119 mt remain in the 2008 Pacific halibut PSC limit for 
vessels using trawl gear 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 
use the 2008 Pacific halibut PSC limit specified for vessels using 
trawl gear in the GOA,

[[Page 69587]]

NMFS is terminating the previous closure and is opening directed 
fishing for groundfish by vessels using trawl gear in the GOA. Other 
closures remain in full force and effect.

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 opening of the groundfish fishery by vessels using 
trawl gear in the GOA. Immediate notification is necessary to allow for 
the orderly conduct and efficient operation of this fishery, to allow 
the industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet and processors. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of November 13, 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 fishery 
for groundfish by 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 December 1, 
2008.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27480 Filed 11-14-08; 4:15 pm]
BILLING CODE 3510-22-S?>