[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Pages 70605-70606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XL92


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish 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.

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SUMMARY: NMFS is opening directed fishing for northern rockfish in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to fully use the 2008 total allowable catch (TAC) of northern 
rockfish in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 18, 
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 3, 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-XL92,'' 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 (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.
    NMFS closed the directed fishery for northern rockfish in the 
Western Regulatory Area of the GOA on October 6, 2008 (73 FR 58899, 
October 8, 2008).
    NMFS has determined that approximately 258 mt of the 2008 TAC of 
northern rockfish in the Western Regulatory Area of the GOA remain in 
the directed fishing allowance. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the 2008 TAC of northern rockfish in the Western Regulatory Area of the 
GOA, NMFS is terminating the previous closure and is reopening directed 
fishing for northern rockfish in the Western Regulatory Area of the 
GOA. The opening is effective 1200 hrs, A.l.t., November 18, 2008, 
through 2400 hrs, A.l.t., December 31, 2008.

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 opening of the northern rockfish fishery in the Western 
Regulatory Area of 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.

[[Page 70606]]

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 Pacific 
ocean perch fishery in the Western Regulatory Area of 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 3, 2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: November 18, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27743 Filed 11-18-08; 4:15 pm]
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