[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Rules and Regulations]
[Pages 36805-36806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1397]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XI69


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Trawl Catcher Processors in the Amendment 80 Limited Access Fishery 
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 processors participating in the Amendment 80 limited access 
fishery in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the 2008 Pacific cod 
allowable catch (TAC) specified for trawl catcher processors 
participating in the Amendment 80 limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 25, 2008, 
through 2400 hrs, A.l.t., December 31, 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 2008 Pacific cod TAC allocated to vessels participating in the 
Amendment 80 limited access fishery in the BSAI is 3,295 metric tons 
(mt) as established by the 2008 and 2009 final harvest specifications 
for groundfish in the BSAI (73 FR 10160, February 26, 2008).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2008 
Pacific cod TAC allocated to trawl catcher processors participating in 
the Amendment 80 limited access fishery in the BSAI will be caught as 
incidental catch in directed fisheries for other groundfish. Therefore, 
the Regional Administrator is establishing a directed fishing allowance 
of 0 mt and is setting aside the remaining 3,295 mt as incidental catch 
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 
processors participating in the Amendment 80 limited access fishery 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 processors 
participating in the Amendment 80 limited access fishery 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 June 
24, 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.

[[Page 36806]]

    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: June 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1397 Filed 6-25-08; 3:59 pm]
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