Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 26339 

[FR Doc. E8–10382 Filed 5–8–08; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XH78 

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. 

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-andline 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 hookand-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 6, 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), the 

reallocation on February 26, 2008 (73 

FR 11562, March 4, 2008), and the 

reallocation on April 10, 2008 (73 FR 

19748, April 11, 2008) allocated a 

directed fishing allowance for Pacific 

cod of 4,660 metric tons to catcher 

vessels <60 ft (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI. 

In accordance with § 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 

§ 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 May 5, 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: May 6, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1238 Filed 5–6–08; 12:49 pm] 

BILLING CODE 3510–22–S 


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