[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Page 4760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-342]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XF23
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Amendment 80 Vessels Subject to Sideboard
Limits in 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 species that comprise
the shallow-water species fishery by Amendment 80 vessels subject to
sideboard limits in the Gulf of Alaska (GOA). This action is necessary
because the first seasonal apportionment of the 2008 Pacific halibut
prohibited species catch (PSC) limit specified for the shallow-water
species fishery by Amendment 80 vessels subject to sideboard limits in
the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 23,
2008, through 1200 hrs, A.l.t., April 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.
The first seasonal apportionment of the 2008 Pacific halibut PSC
limit specified for the shallow-water species fishery by Amendment 80
vessels subject to sideboard limits in the GOA is 10 metric tons as
established by the 2007 and 2008 harvest specifications for groundfish
of the GOA (72 FR 9676, March 5, 2007) and revision (72 FR 71802,
December 19, 2007), for the period 1200 hrs, A.l.t., January 20, 2008,
through 1200 hrs, A.l.t., April 1, 2008.
In accordance with Sec. 679.20(d)(1)(vi)(C)(2), the Administrator,
Alaska Region, NMFS, has determined that the first seasonal
apportionment of the 2008 Pacific halibut PSC limit specified for the
shallow-water species fishery by Amendment 80 vessels subject to
sideboard limits in the GOA has been reached. Consequently, NMFS is
prohibiting directed fishing for the shallow-water species fishery by
Amendment 80 vessels subject to sideboard limits in the GOA. The
species and species groups that comprise the shallow-water species
fishery are pollock, Pacific cod, shallow-water flatfish, flathead
sole, Atka mackerel, skates and ``other species.''
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 the shallow-water species fishery by
Amendment 80 vessels subject to sideboard limits using trawl gear 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 January 18, 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: January 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-342 Filed 1-23-08; 2:49 pm]
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