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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-XK24

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 Vessels Using Trawl Gear in the Gulf of Alaska

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 3, 2008, through 1200 hrs, A.l.t., October 1, 2008.

DOCUMENT SUMMARY: NMFS is prohibiting directed fishing for species that comprise the shallowwater species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the fourth seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA has been reached.

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.

The fourth seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA is 150 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. 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the fourth seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the trawl shallowwater species fishery in the GOA has been reached.
Consequently, NMFS is prohibiting directed fishing for the shallow water species fishery 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.'' This inseason action does not apply to
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fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This inseason action does not apply to vessels fishing under a cooperative quota permit in the cooperative fishery in the Rockfish Pilot Program for 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 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 August 28, 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: August 29, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E820509 Filed 82908; 4:15 pm]
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FOR FURTHER INFORMATION CONTACT Jennifer Hogan, 907-586-7228.