[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Rules and Regulations]
[Pages 52798-52799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK39


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully use the 2008 
total allowable catch (TAC) of Pacific cod allocated to catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 12, 
2008, through 2400 hrs, A.l.t., December 31, 2008. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 23, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-XK39,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

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.
    NMFS prohibited directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI under Sec.  679.20(d)(1)(iii) on March 21, 2008 (73 FR 15677, 
March 25, 2008), reopened the fishery on April 30, 2008 (73 FR 22063, 
April 24, 2008), and closed the fishery again on May 6, 2008 (73 FR 
26339, May 10, 2008). NMFS reallocated 1,200 metric tons (mt) from jig 
gear on February 26, 2008 (73 FR 11562, March 4, 2008), 400 mt from jig 
gear on April 11, 2008 (73 FR 19748, April 11, 2008), and 577 mt from 
jig gear and catcher vessels greater than or equal to 60 feet (18.3 m) 
LOA using hook-and-line gear on September 5, 2008 (73 FR 51243, 
September 2, 2008).
    NMFS has determined that as of September 5, 2008, approximately 600 
mt of Pacific cod remain in the 2008 Pacific cod TAC allocated to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 
2008 TAC of Pacific cod allocated to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear in the BSAI, NMFS is 
terminating the previous closure and is opening directed fishing for 
Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear in the BSAI. The opening is effective 1200 
hrs, A.l.t., September 12, 2008, through 2400 hrs, A.l.t., December 31, 
2008.

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

[[Page 52799]]

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 
opening of the Pacific cod fishery by catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear in the BSAI. 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 and 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear in the BSAI to be harvested in an expedient 
manner and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until September 23, 2008.
    This action is required by Sec.  679.25 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. E8-21123 Filed 9-8-08; 4:15 pm]
BILLING CODE 3510-22-S