[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Rules and Regulations]
[Page 1555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XE81
Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak
Gully Research Area for Vessels Using Trawl Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully
Research Area. This action is necessary to allow vessels using trawl
gear to participate in directed fishing for groundfish in the Chiniak
Gully Research Area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2008,
through 1200 hrs, A.l.t., September 20, 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 Chiniak Gully Research Area is closed to vessels using trawl
gear from August 1 to a date no later than September 20 under
regulations at Sec. 679.22(b)(6)(ii)(A). This closure is in support of
a research project to evaluate the effects of commercial fishing on
pollock distribution and abundance, as part of a comprehensive
investigation of Stellar sea lion and commercial fishery interactions.
The regulations at Sec. 679.22(b)(6)(ii)(B) provide that the
Regional Administrator, Alaska Region, NMFS, (Regional Administrator)
shall rescind the trawl closure if relevant research activities will
not be conducted. The Regional Administrator has determined that
research activities will not be conducted in 2008 in the Chiniak Gully
Research Area. Therefore, the Regional Administrator is rescinding the
trawl closure of the Chiniak Gully Research Area. All other closures
remain in full force and effect.
Classification
Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for
Fisheries, NOAA (AA) finds good cause to waive prior notice and an
opportunity for public comment on this action, as notice and comment is
unnecessary. Notice and comment is unnecessary because the rescission
of the trawl closure is non-discretionary; pursuant to Sec.
679.22(b)(6)(ii)(B), the Regional Administrator has no choice but to
rescind the trawl closure once it is determined that research
activities will not be conducted in the area.
Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delay in effective date requirement of 5 U.S.C. 553(d) since the
rule relieves a restriction.
This action has been determined to be not significant for purposes
of Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 3, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-172 Filed 1-8-08; 8:45 am]
BILLING CODE 3510-22-S