[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Rules and Regulations]
[Page 15677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XG58
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-
Line 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
catcher vessels less than 60 ft (< 18.3 meters (m)) length overall
(LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2008 Pacific cod total allowable catch (TAC) allocated to
catcher vessels < 60 ft (18.3 m) LOA using pot or hook-and-line gear in
the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 21, 2008,
through 2400 hrs, A.l.t., December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 908-586-7228.
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 and 2009 final harvest specification for groundfish in the
BSAI (73 FR 10160, February 26, 2008) and reallocation (73 FR 11562,
March 4, 2008) allocated a directed fishing allowance for Pacific cod
of 4,233 metric tons to catcher vessels < 60 ft (18.3 m) LOA using pot
or hook-and-line gear in the BSAI. 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)(iii), the Regional
Administrator finds that the 2008 Pacific cod directed fishing
allowance allocated to catcher vessels less than 60 ft (18.3 m) LOA
using pot or hook-and-line gear in the BSAI has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels < 60 ft (18.3 m) LOA using pot or hook-and-line gear 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 catcher vessels < 60 ft (18.3
m) LOA using pot or hook-and-line gear 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 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: March 19, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1067 Filed 3-19-08; 3:16 pm]
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