[Federal Register Volume 73, Number 60 (Thursday, March 27, 2008)]
[Rules and Regulations]
[Pages 16211-16212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XG70


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels in the Amendment 80 Limited Access Fishery in 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 cod for 
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 B season allowance of the 2008 
Pacific cod allowable catch (TAC) specified for vessels participating 
in the Amendment 80 limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 1, 2008, 
through 1200 hrs, A.l.t., June 10, 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 B season allowance of the 2008 Pacific cod TAC allocated to 
vessels

[[Page 16212]]

participating in the Amendment 80 limited access fishery in the BSAI is 
824 metric tons as established by the 2008 and 2009 final harvest 
specifications for groundfish in the BSAI (73 FR 10160, February 26, 
2008).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the entire B 
season allowance of the 2008 Pacific cod TAC allocated to vessels 
participating in the Amendment 80 limited access fishery in the BSAI 
will be caught as incidental catch in directed fisheries for other 
groundfish fisheries. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 0 mt and is setting aside 
the remaining 824 mt as incidental catch to support other anticipated 
groundfish fisheries. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
Pacific cod 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 Pacific cod 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 March 21, 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 is exempt from review 
under Executive Order 12866.

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

    Dated: March 24, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-6295 Filed 3-26-08; 8:45 am]
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