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[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Rules and Regulations]               
[Page 56511-56512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se08-23]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XK77

 
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl 
Limited Access Fishery in the Western Aleutian District of the Bering 
Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
for vessels participating in the Bering Sea and Aleutian Islands (BSAI) 
trawl limited access fishery in the Western Aleutian District of the 
BSAI. This action is necessary to prevent exceeding the 2008 Pacific 
ocean perch total allowable catch (TAC) specified for vessels 
participating in the BSAI trawl limited access fishery in the Western 
Aleutian District of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 24, 
2008, through December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 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 2008 Pacific ocean perch TAC allocated as a directed fishing 
allowance to vessels participating in the BSAI trawl limited access 
fishery in the Western Aleutian District of the BSAI is 136 metric tons 
(mt) as established by the 2007 and 2008 final harvest specifications 
for groundfish in the BSAI (72 FR 9451, March 2, 2007) and revision (72 
FR 71802, December 19, 2007). See Sec.  679.20(a)(10)(i), Sec.  
679.20(a)(10)(iii), and Sec.  679.91(c)(1) and (2).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2008 Pacific ocean perch TAC allocated to vessels participating in the 
BSAI trawl limited access fishery in the Western Aleutian District of 
the BSAI will soon be reached. Consequently, NMFS is prohibiting 
directed fishing for Pacific ocean perch by vessels participating in 
the BSAI trawl limited access fishery in the Western Aleutian District 
of 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,

[[Page 56512]]

(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 Pacific ocean perch by vessels participating in the BSAI 
trawl limited access fishery in the Western Aleutian District of 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 September 23, 2008.
    The AA also finds good cause to waive the 30-day 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.  679.20 and Sec.  679.91 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 24, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-22804 Filed 9-24-08; 4:15 pm]

BILLING CODE 3510-22-S

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