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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-XL83

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; Trawl Gear in the Gulf of Alaska

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 16, 2008, through 2400 hrs, A.l.t., December 31, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., December 1, 2008.

DOCUMENT SUMMARY: NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, Alaska local time, November 16, 2008. This action is necessary to fully use the 2008 Pacific halibut prohibited species catch (PSC) limit specified for vessels using trawl gear in the GOA.

SUMMARY: 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 Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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 2008 Pacific halibut PSC limit specified for vessels using trawl gear in the GOA is 2,000 metric tons (mt) as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008).

NMFS prohibited directed fishing for groundfish by vessels using trawl gear in the GOA under Sec. 679.21(d)(7)(i) on November 6, 2008 (73 FR 66561, November 10, 2008). On November 13, 135 mt of Pacific halibut PSC limit was reallocated from Rockfish Pilot Program cooperative quota to the apportionment for trawl gear under Sec. 679.21(d)(5)(iii)(B). As of November 13, 2008, NMFS has determined that approximately 119 mt remain in the 2008 Pacific halibut PSC limit for vessels using trawl gear in the GOA. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2008 Pacific halibut PSC limit specified for vessels using trawl gear in the GOA,
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NMFS is terminating the previous closure and is opening directed fishing for groundfish by vessels using trawl gear in the GOA. Other closures remain in full force and effect.

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 groundfish fishery by vessels using trawl gear in the GOA. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet and processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 13, 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.

Without this inseason adjustment, NMFS could not allow the fishery for groundfish by vessels using trawl gear in the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under Sec. 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until December 1, 2008.

This action is required by Sec. 679.25 and is exempt from review under Executive Order 12866.

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

Dated: November 14, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E827480 Filed 111408; 4:15 pm]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Steve Whitney, 907-586-7269.