E8-18204. Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Western Regulatory Area of the Gulf of Alaska  

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    AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting retention of shortraker rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2008 total allowable catch (TAC) of shortraker rockfish in the Western Regulatory Area of the GOA has been reached.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), August 4, 2008, through 2400 hrs, A.l.t., December 31, 2008.

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    FOR FURTHER INFORMATION CONTACT:

    Jennifer Hogan, 907-586-7228.

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    SUPPLEMENTARY 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-Start Printed Page 45885Stevens 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 TAC of shortraker rockfish in the Western Regulatory Area of the GOA is 120 metric tons (mt) as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008).

    In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 TAC of shortraker rockfish in the Western Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that shortraker rockfish caught in the Western Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b).

    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 prohibition of retention of shortraker rockfish in the Western Regulatory Area of 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 1, 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 § 679.20 and is exempt from review under Executive Order 12866.

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

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    Dated: August 1, 2008.

    Alan D. Risenhoover

    Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

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    [FR Doc. E8-18204 Filed 8-4-08; 4:15 pm]

    BILLING CODE 3510-22-S

Document Information

Comments Received:
0 Comments
Effective Date:
8/4/2008
Published:
08/07/2008
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Temporary rule; closure.
Document Number:
E8-18204
Dates:
Effective 1200 hrs, Alaska local time (A.l.t.), August 4, 2008, through 2400 hrs, A.l.t., December 31, 2008.
Pages:
45884-45885 (2 pages)
Docket Numbers:
Docket No. 071106671-8010-02
RINs:
0648-XJ64
PDF File:
e8-18204.pdf
CFR: (1)
50 CFR 679