Fisheries of the Exclusive Economic Zone Off Alaska: Deep-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska

Federal Register: September 12, 2008 (Volume 73, Number 178)

Rules and Regulations

Page 52929-52930

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr12se08-16

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 071106671-8010-02

RIN 0648-XK43

Fisheries of the Exclusive Economic Zone Off Alaska; Deep-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.

SUMMARY: NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by Amendment 80 vessels subject to sideboard limits in the Gulf of Alaska (GOA). This action is necessary because the fourth seasonal apportionment of the 2008 Pacific halibut prohibited species catch (PSC) limit specified for the deep-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.), September 9, 2008, through 1200 hrs, A.l.t., October 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 fourth seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the deep-water species fishery by

Amendment 80 vessels subject to sideboard limits in the GOA is 3 metric tons as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008), for the period 1200 hrs, A.l.t., September 1, 2008, through 1200 hrs, A.l.t., October 1, 2008.

In accordance with Sec. 679.20(d)(1)(vi)(C)(1), the Administrator,

Alaska Region, NMFS, has determined that the third seasonal

Page 52930

apportionment of the 2008 Pacific halibut bycatch allowance specified for the deep-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 deep-water species fishery by

Amendment 80 vessels subject to sideboard limits in the GOA. For the

Amendment 80 sideboards, the species and species groups that comprise the deep-water species fishery include sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder, and do not include northern rockfish, Pacific ocean perch, and pelagic shelf rockfish 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 the deep-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

September 8, 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: September 9, 2008.

James P. Burgess,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

FR Doc. E8-21325 Filed 9-9-08; 4:15 pm

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