[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Rules and Regulations]
[Page 49962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19578]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XJ94


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 
meters (m)) length overall (LOA) using hook-and-line gear to the B 
season allocation for vessels using jig gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
allow the 2008 total allowable catch (TAC) of Pacific cod to be 
harvested.

DATES: Effective August 19, 2008, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

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 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet ([gteqt] 18.3 m) LOA using hook-and-line gear in 
the BSAI is 303 metric tons (mt) as established by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008).
    The Acting Administrator, Alaska Region, NMFS, has determined that 
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m) 
length LOA using hook-and-line gear will not be able to harvest 150 mt 
of the 2008 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS allocates 150 mt of Pacific cod from the 
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m) 
length LOA using hook-and-line gear allocation to the B season 
allocation for vessels using jig gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (73 FR 10160, February 26, 
2008) are revised as follows: 177 mt to the B season allocation for 
vessels using jig gear and 153 mt to catcher vessels [gteqt] 60 feet 
(18.3 m) LOA using hook-and-line gear.

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 reallocation of Pacific cod from catcher vessels 
[gteqt] 60 feet (18.3 m) LOA using hook-and-line gear to the B season 
allocation for vessels using jig gear. Since the fishery is currently 
open, it is important to immediately inform the industry as to the 
revised allocations. Immediate notification is necessary to allow for 
the orderly conduct and efficient operation of this fishery, to allow 
the industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet as well as processors. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 18, 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: August 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-19578 Filed 8-19-08; 4:15 pm]
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