[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Rules and Regulations]
[Page 71947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28157]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
ID 112108A


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' by Vessels Participating in the 
Amendment 80 Limited Access Fishery in Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS is prohibiting directed fishing for rock sole, flathead 
sole, and ``other flatfish'' by vessels participating in the Amendment 
80 limited access fishery in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2008 halibut bycatch allowance specified for the trawl rock sole, 
flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 22, 
2008, through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 halibut bycatch allowance specified for the trawl rock 
sole, flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI is 
224 metric tons as established by the 2008 and 2009 final harvest 
specifications for groundfish in the BSAI (73 FR 10160, February 26, 
2008). See Sec.  679.21(e)(3)(vi)(A) and Sec.  679.91(d)(1) and (3).
    In accordance with Sec.  679.21(e)(3)(vi)(B) and Sec.  
679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined 
that the 2008 halibut bycatch allowance specified for the trawl rock 
sole, flathead sole, and ``other flatfish'' fishery category by vessels 
participating in the Amendment 80 limited access fishery in the BSAI 
will be caught. Consequently, NMFS is closing directed fishing for rock 
sole, flathead sole, and ``other flatfish'' by vessels participating in 
the Amendment 80 limited access fishery in 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 directed fishing for rock sole, flathead 
sole, and ``other flatfish'' by vessels participating in the Amendment 
80 limited access fishery in 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 November 22, 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 21, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-28157 Filed 11-21-08; 4:15 pm]
BILLING CODE 3510-22-S