[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44172-44173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1477]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XJ36
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish for Catcher Processors Participating in the Rockfish Limited
Access 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 northern rockfish by
catcher processors participating in the rockfish limited access 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 northern
[[Page 44173]]
rockfish allocated to catcher processors participating in the rockfish
limited access fishery in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 25, 2008,
through 2400 hrs, A.l.t., December 31, 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.
The 2008 TAC of northern rockfish allocated to catcher processors
participating in the rockfish limited access fishery in the Central GOA
is 514 metric tons (mt) as established by the 2008 and 2009 harvest
specifications for groundfish of 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 northern rockfish allocated to catcher processors participating in
the rockfish limited access fishery in the Central GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 514 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
northern rockfish by catcher processors participating in the rockfish
limited access fishery in the Central 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 northern rockfish by catcher processors
participating in the rockfish limited access fishery in the Central
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 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. 08-1477 Filed 7-25-08; 3:29 pm]
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