Federal Register: November 26, 2008 (Volume 73, Number 229)
DOCID: fr26no08-15 FR Doc E8-28160
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 071106673-8011-02]
NOTICE: RULES
DOCID: fr26no08-15
ACTION: Fisheries of the Exclusive Economic Zone Off Alaska:
DOCUMENT ACTION: Temporary rule; closure.
SUBJECT CATEGORY:
ID 112108B
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 22, 2008, through 2400 hrs, A.l.t., December 31, 2008.
DOCUMENT SUMMARY:
NMFS is closing directed fishing for yellowfin sole by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 halibut bycatch allowance specified for the trawl yellowfin sole fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.
SUMMARY:
Yellowfin Sole by Vessels Participating in the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian Islands Management Area,
DOCUMENT BODY 2:
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole by Vessels Participating in the Amendment 80 Limited Access
Fishery in Bering Sea and Aleutian Islands Management Area
SUPPLEMENTAL INFORMATION
NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 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 halibut bycatch allowance specified for the trawl
yellowfin sole fishery category by vessels participating in the
Amendment 80 limited access fishery for the yellowfin sole fishery
category in the BSAI is 363 metric tons as established by the 2008 and 2009
[[Page 71947]]
final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008).
In accordance with Sec. 679.21(e)(3)(vi)(B) and Sec. 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined that the 2008 halibut bycatch allowance specified for the trawl yellowfin sole fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI will be caught. Consequently, NMFS is closing directed fishing for yellowfin sole by vessels participating in the Amendment 80 limited access fishery in the BSAI.
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 directed fishing for yellowfin sole by vessels participating in the Amendment 80 limited access fishery in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 22, 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: November 21, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E828160 Filed 112108; 4:15 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Obren Davis, 907-586-7228.