[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Rules and Regulations]
[Page 69587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XL84


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Halibut in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of halibut 
prohibited species catch (PSC) from rockfish cooperatives in the 
Central Gulf of Alaska (GOA) Rockfish Pilot Program to vessels using 
trawl gear in the GOA. This action is necessary to provide the 
opportunity to vessels using trawl gear to harvest available GOA 
groundfish total allowable catch (TAC) under existing PSC limits.

DATES: Effective November 14, 2008, until 2400 hours, A.l.t., December 
31, 2008.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA 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 allocation of halibut PSC to vessels using trawl gear in 
the GOA is 2,000 metric tons (mt) as established by the 2008 and 2009 
final harvest specifications for groundfish in the GOA (73 FR 10562, 
February 27, 2008). Under Sec.  679.81(c)(1), 171 mt of halibut PSC is 
allocated to catcher processor and catcher vessel rockfish cooperatives 
in the Central GOA. The website at http://www.alaskafisheries.noaa.gov/sustainablefisheries/goarat/08rppallocations.xls lists this amount. The 
remaining 1,829 mt is allocated to vessels using trawl gear not in a 
rockfish cooperative.
    As of November 13, 2008, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that rockfish cooperatives in 
the Central GOA have not used 135 mt of the allocation under Sec.  
679.21(d)(5)(iii)(B). Therefore, NMFS is reallocating 135 mt of halibut 
PSC from rockfish cooperatives in the Central GOA to the last seasonal 
apportionment for vessels using trawl gear in the GOA.
    Therefore, the harvest specifications for halibut PSC are revised 
as follows: 36 mt to rockfish cooperatives in the Central GOA and 1,829 
mt to vessels using trawl gear.

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 the reallocation of projected unused amounts of halibut PSC 
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 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.
    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 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27487 Filed 11-14-08; 4:15 pm]
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