Browse: Departments   Dates   Agencies  

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 071106671-8010-02]

RIN ID: RIN 0648-XG62

NOTICE: RULES

ACTION: Fisheries of the Exclusive Economic Zone Off Alaska:

DOCUMENT ACTION: Temporary rule; modification of a closure.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Shallow- Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 21, 2008, through 1200 hrs, A.l.t., April 1, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., April 7, 2008.

DOCUMENT SUMMARY: NMFS is opening directed fishing for shallow-water species by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to allow the shallowwater species fishery in the GOA to resume.

SUMMARY: Shallow-Water Species Fishery by Vessels Using Trawl Gear 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.

NMFS closed the shallowwater species fishery by vessels using trawl gear in the GOA under Sec. 679.21(d)(7)(i) on February 27, 2008 (73 FR 10562, February 27, 2008).

NMFS has determined that, approximately 99 mt remain in the first seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the shallowwater species fishery in the GOA to resume, NMFS is terminating the previous closure and is reopening directed fishing for shallowwater species by vessels using trawl gear 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.'' 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 opening of the shallowwater species fishery 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 March 17, 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. 679.25 and Sec. 679.20 and is exempt from review under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 20, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 081073 Filed 32108; 2:13 pm]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Josh Keaton, 907-586-7228.

Your Ad Here

Your Ad Here