[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Page 44172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1474]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XJ35
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch for Trawl Catcher Vessels Participating in the Rockfish
Entry Level Fishery in the Central Regulatory Area of 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 Pacific ocean perch
by trawl catcher vessels participating in the rockfish entry level
fishery in the Central Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary to prevent exceeding the 2008 total allowable
catch (TAC) of Pacific ocean perch allocated to trawl catcher vessels
participating in the rockfish entry level fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 27, 2008,
through 1200 hrs, A.l.t., September 1, 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.
In accordance with Sec. 679.83(a)(1)(i), allocations of entry
level rockfish to trawl catcher vessels participating in the rockfish
entry level fishery in the Central Regulatory Area are first made from
the Pacific ocean perch TAC. NMFS has determined that the 2008 TAC of
Pacific ocean perch allocated to the entry level fishery meets or
exceeds the total allocation of rockfish allowable for the trawl
catcher vessels. Therefore, the 2008 TAC of Pacific ocean perch
allocated to trawl catcher vessels participating in the entry level
rockfish fishery in the Central Regulatory Area is 345 mt as
established by the 2008 and 2009 final harvest specifications for
groundfish in the GOA (73 FR 10562, February 27, 2008), and as posted
as the 2008 Rockfish Program Allocations at http://www.fakr.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2008 TAC
of Pacific ocean perch allocated to trawl catcher vessels participating
in the entry level rockfish fishery in the Central Regulatory Area will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 345 mt, and is setting aside the
remaining 0 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch allocated to trawl catcher vessels participating in the
entry level rockfish fishery in the Central Regulatory Area of the GOA.
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 Pacific ocean perch by trawl catcher vessels
participating in the rockfish entry level fishery in the Central
Regulatory Area of 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 July 24, 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. 679.20 and Sec. 679.83 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1474 Filed 7-25-08; 2:33 pm]
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