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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 070213032-7032-01]

RIN ID: RIN 0648-XF23

NOTICE: RULES

ACTION: Fisheries of the Economic Exclusive Zone Off Alaska:

DOCUMENT ACTION: Temporary rule; closure.

SUBJECT CATEGORY: 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

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 23, 2008, through 1200 hrs, A.l.t., April 1, 2008.

DOCUMENT SUMMARY: NMFS is prohibiting directed fishing for species that comprise the shallowwater 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 shallowwater species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached.

SUMMARY: Shallow-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska,

SUPPLEMENTAL 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 shallowwater 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 shallowwater species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the shallowwater species fishery by Amendment 80 vessels subject to sideboard limits in the GOA. The species and species groups that comprise the shallowwater species fishery are pollock, Pacific cod, shallowwater 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 shallowwater 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 30day 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. 08342 Filed 12308; 2:49 pm]
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FOR FURTHER INFORMATION CONTACT Jennifer Hogan, 907-586-7228.