Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations 18219 

(d) * * * 

(1) * * * 

(ii) Eligibility. All vessels issued a 

valid limited access NE multispecies 

DAS permit are eligible to participate in 

the GB Cod Hook Sector. 

* * * * * 

(2) * * * 

(i) Eligibility. All vessels issued a 

valid limited access NE multispecies 

DAS permit are eligible to participate in 

the GB Cod Fixed Gear Sector. 

* * * * * 

[FR Doc. E8–6953 Filed 4–2–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG86 

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. 

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 B 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.), April 1, 2008, though 1200 

hrs, A.l.t., June 10, 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 B season allowance of the 2008 

Pacific cod TAC allocated to AFA trawl 

catcher processors in the BSAI is 877 

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 § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the B season allowance 

of the 2008 Pacific cod TAC allocated to 

AFA catcher processors in the BSAI will 

soon be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 0 mt, and is setting 

aside the remaining 877 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 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 AFA 

trawl catcher processors in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 27, 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 28, 2008. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–1089 Filed 3–31–08; 3:59 pm] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with RULES