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DOC/NOAA

RIN: 0648-AX21

Publication ID: Fall 2008

Title: ●Withdrawal of Regulations That Placed Limits on Charter Vessel Anglers Fishing for Halibut in Area 2C
Abstract: The National Marine Fisheries Service (NMFS) withdraws regulations that were enjoined by Court Order. These regulations, found at 50 CFR 300.65(d), placed limits on charter vessel anglers, including a one-halibut daily bag limit in International Pacific Halibut Commission (IPHC) Area 2C. The U.S. District Court for the District of Columbia issued a Temporary Restraining Order (TRO) on June 10, 2008 (amended on June 13, 2008), and a Preliminary Injunction (PI) on June 20, 2008, enjoining and restraining NMFS from giving any effect to or otherwise taking any action to enforce the one-halibut daily bag limit restriction for charter vessel anglers. The TRO (as amended) and the PI direct that the daily bag limit should revert to the two-fish daily bag limit with one fish no more than 32 inches (81.3 cm) head-on length that was in place prior to the one-fish daily bag limit. This action ensures that regulatory text provides accurate information to the regulated public. The intended effect is to make regulatory requirements consistent with a duly issued Court Order.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 300
Legal Authority: 6 USC 773 to 773K

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	Withdraws Regulations That Were Enjoined by Court Order	09/15/2008

Timetable:

Action	Date	FR Cite
Final Action	09/11/2008	73 FR 52795

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Related to 0648-AW23
Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration NMFS, P.O. Box 21668, Juneau, AK 99802 Phone:907 586-7221 Fax:907 586-7249 Email: james.balsiger@noaa.gov