[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Rules and Regulations]
[Pages 52797-52798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK38


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 and Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot 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 September 8, 2008, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 153 metric tons (mt) as established by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) and reallocation on August 28, 2008 (73 FR 51243, 
September 2, 2008).
    The 2008 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 684 metric tons (mt) as established by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) and reallocations on February 28, 2008 (73 FR 11562, 
March 4, 2008), April 10, 2008 (73 FR 19748, April 11, 2008), and 
August 19, 2008 (73 FR 49962, August 25, 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 153 mt 
and vessels using jig gear will not be able to harvest 424 mt of the 
2008 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS allocates 153 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 and 424 mt from the jig 
gear allocation to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear in the BSAI.

[[Page 52798]]

    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: 5,210 mt to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear, 0 mt to catcher 
vessels [gteqt] 60 feet (18.3 m) LOA using hook-and-line gear, and 260 
mt to vessels using jig 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 to catcher vessels using 
hook-and-line or pot 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 September 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: September 8, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-21122 Filed 9-8-08; 4:15 pm]
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