[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Rules and Regulations]
[Page 12663-12664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr08-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XG17
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl 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 trawl
catcher vessels in the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to prevent exceeding the A season
allowance of the 2008 Pacific cod allowable catch (TAC) specified for
trawl catcher vessels in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 6, 2008,
though 1200 hrs, A.l.t., April 1, 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 A season allowance of the 2008 Pacific cod TAC allocated to
trawl catcher vessels in the BSAI is 24,932 metric tons as established
by the 2008 and 2009 final harvest specifications for groundfish in the
BSAI (73 FR 10160, February 26, 2008). See Sec. 679.20(c)(3)(iii),
Sec. 679.20(c)(5), and Sec. 679.20(a)(7)(ii).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the A season allowance of the 2008
Pacific cod TAC allocated to trawl catcher vessels in the BSAI will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 24,782 mt, and is setting aside the
remaining 150 mt as bycatch 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 trawl catcher vessels 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 trawl catcher vessels 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 4, 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.
[[Page 12664]]
Dated: March 4, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-991 Filed 3-5-08; 2:29 pm]
BILLING CODE 3510-22-S