[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Rules and Regulations]
[Page 26339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1238]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XH78


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-
Line Gear 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 by 
catcher vessels less than 60 ft (<18.3 meters (m)) length overall (LOA) 
using pot or hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2008 Pacific cod total allowable catch (TAC) allocated to catcher 
vessels < 60 ft (18.3 m) LOA using pot or hook-and-line gear in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 6, 2008, 
through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 908-586-7228.

SUPPLEMENTARY 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 
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 and 2009 final harvest specification for groundfish in the 
BSAI (73 FR 10160, February 26, 2008), the reallocation on February 26, 
2008 (73 FR 11562, March 4, 2008), and the reallocation on April 10, 
2008 (73 FR 19748, April 11, 2008) allocated a directed fishing 
allowance for Pacific cod of 4,660 metric tons to catcher vessels <60 
ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI.
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2008 Pacific cod directed fishing 
allowance allocated to catcher vessels less than 60 ft (18.3 m) LOA 
using pot or hook-and-line gear in the BSAI has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels <60 ft (18.3 m) LOA using pot or hook-and-line gear 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 catcher vessels <60 ft (18.3 
m) LOA using pot or hook-and-line gear 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 May 5, 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: May 6, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1238 Filed 5-6-08; 12:49 pm]
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