[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Pages 11052-11053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-896]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XF90


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Catching Pacific Cod for Processing by the Inshore Component 
in the Central Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the Gulf of Alaska (GOA) for 24 hours. This 
action is necessary to fully use the A season allowance of the 2008 
total allowable catch (TAC) of Pacific cod apportioned to vessels 
catching Pacific cod for processing by the inshore component of the 
Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 29, 
2008, through 1200 hrs, A.l.t., March 1, 2008. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
March 12, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional

[[Page 11053]]

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XF90, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov;
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802;
    <bullet> Fax: (907) 586-7557; or
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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.
    NMFS closed the directed fishery for Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the GOA under Sec.  679.20(d)(1)(iii) on 
February 20, 2008 (73 FR 9707, February 22, 2008).
    NMFS has determined that approximately 2,400 mt of Pacific cod 
remain in the directed fishing allowance for vessels catching Pacific 
cod for processing by the inshore component in the Central Regulatory 
Area of the GOA. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the A season 
allowance of the 2008 TAC of Pacific cod by vessels catching Pacific 
cod for processing by the inshore component in the Central Regulatory 
Area of the GOA, NMFS is terminating the previous closure and is 
reopening directed fishing for Pacific cod by vessels catching Pacific 
cod for processing by the inshore component in the Central Regulatory 
Area of the GOA. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance will 
be reached after 24 hours. Consequently, NMFS is prohibiting directed 
fishing for Pacific cod by vessels catching Pacific cod for processing 
by the inshore component in the Central Regulatory Area of the GOA 
effective 1200 hrs, A.l.t., March 1, 2008.

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 opening of Pacific cod by vessels catching Pacific cod 
for processing by the inshore component in the Central Regulatory Area 
of the GOA. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of February 25, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by vessels catching Pacific cod for processing by the 
inshore component in the Central Regulatory Area of the GOA to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until March 
12, 2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: February 26, 2008.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-896 Filed 2-26-08; 3:12 pm]
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