[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Rules and Regulations]
[Page 16211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr08-6]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XG65
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by American Fisheries Act Catcher Processors 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
American Fisheries Act (AFA) trawl catcher processors 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
total allowable catch (TAC) specified for AFA trawl catcher processors
in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 24, 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 AFA
trawl catcher processors in the BSAI is 2,630 metric tons (mt) 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), Sec. 679.20(a)(7)(ii)(A)(7),
and Sec. 679.20(a)(7)(iv)(A)(1)(ii).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the A season allowance of the
2008 Pacific cod TAC allocated to AFA trawl catcher processors in the
BSAI has been reached. Consequently, NMFS is prohibiting directed
fishing for Pacific cod by AFA trawl catcher processors 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 AFA trawl catcher processors
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 21, 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: March 24, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1079 Filed 3-24-08; 3:51 pm]
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