[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Rules and Regulations]
[Pages 22063-22064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8990]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XH37
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels
Participating in the Entry Level Rockfish 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 and
pelagic shelf rockfish for trawl catcher vessels participating in the
entry level rockfish 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 22064]]
rockfish and pelagic shelf rockfish allocated to trawl catcher vessels
participating in the entry level rockfish fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 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 entry
level rockfish fishery in the Central Regulatory Area are first made
from the Pacific ocean perch TAC. Trawl catcher vessels participating
in the entry level rockfish program are allocated northern rockfish and
pelagic shelf rockfish only if the amount of Pacific ocean perch
available for allocation is less than the total allocation allowable
for the entry level trawl catcher vessels. NMFS has determined that the
2008 TAC of Pacific ocean perch allocated to the entry level fishery
exceeds the total allocation of rockfish allowable for the entry level
trawl catcher vessels. Therefore, the 2008 TACs of northern rockfish
and pelagic shelf rockfish allocated to trawl catcher vessels
participating in the entry level rockfish fishery in the Central
Regulatory Area are 0 mt.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2008
TACs of northern rockfish and pelagic shelf rockfish allocated to trawl
catcher vessels participating in the entry level rockfish fishery in
the Central Regulatory Area will be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 0 mt. 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 and pelagic shelf rockfish for 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 northern rockfish and pelagic shelf rockfish
for trawl catcher vessels participating in the entry level rockfish
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 April 17, 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: April 18, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-8990 Filed 4-23-08; 8:45 am]
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