[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66561-66562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26701]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XL65
Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Gear
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 groundfish by vessels
using trawl gear in the Gulf of Alaska (GOA), except for directed
fishing for pollock by vessels using pelagic trawl gear in those
portions of the GOA open to directed fishing for pollock. This closure
also does not apply to fishing by vessels participating in the
cooperative fishery in the Rockfish Pilot Program for the Central GOA.
This action is necessary to prevent exceeding the 2008 Pacific halibut
prohibited species catch (PSC) limit specified for vessels using trawl
gear in the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 6,
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 Pacific halibut PSC limit for vessels using trawl gear was
established as 2,000 metric tons by the 2008 and 2009 harvest
specifications for groundfish of the GOA (73 FR 10562, February 27,
2008).
In accordance with Sec. 679.21(d)(7)(i), the Regional
Administrator has determined that the 2008 Pacific halibut PSC limit
allocated to vessels using trawl gear in the GOA will soon be reached.
Therefore, NMFS is prohibiting directed fishing for groundfish by
vessels using trawl gear in the GOA, except for directed fishing for
pollock by vessels using pelagic trawl gear in
[[Page 66562]]
those portions of the GOA that remain open to directed fishing for
pollock. This closure also does not apply to fishing by vessels
participating in the cooperative fishery in the Rockfish Pilot Program
for the Central GOA.
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 a 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 closing directed fishing for groundfish by vessels 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 November 4, 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 5, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-26701 Filed 11-5-08; 4:15 pm]
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