[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Page 11052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-895]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XF94


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for 
Processing by the Offshore Component in the Western Regulatory Area of 
the Gulf of Alaska

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting directed fishing for the A season 
allowance of the 2008 Pacific cod sideboard limits apportioned to non-
American Fisheries Act (AFA) crab vessels catching Pacific cod for 
processing by the offshore component in the Western Regulatory Area of 
the Gulf of Alaska (GOA). This action is necessary to prevent exceeding 
the A season allowance of the 2008 Pacific cod sideboard limits 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the offshore component in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 27, 
2008, until 1200 hrs, A.l.t., September 1, 2008.

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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The A season allowance of 2008 Pacific cod sideboard limits 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the offshore component in the Western Regulatory Area of the GOA is 
239 metric tons (mt) for the GOA, as established by the 2008 and 2009 
harvest specifications for groundfish of the GOA (published on February 
27, 2008).
    In accordance with Sec.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of the 2008 Pacific cod sideboard limits apportioned to non-
AFA crab vessels catching Pacific cod for processing by the offshore 
component in the Western Regulatory Area of the GOA will soon be 
reached. Therefore, the Regional Administrator is establishing a 
sideboard directed fishing allowance for Pacific cod as 229 mt in the 
offshore component in the Western Regulatory Area of the GOA. The 
remaining 10 mt in the offshore component in the Western Regulatory 
Area of the GOA will be set aside as bycatch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
680.22(e)(3), the Regional Administrator finds that this sideboard 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by non-AFA crab vessels 
catching Pacific cod for processing by the offshore component in the 
Western Regulatory Area of the GOA.
    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 sideboard directed fishing closure of Pacific cod 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the offshore component in the Western 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.
    This action is required by Sec.  680.22 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. 08-895 Filed 2-26-08; 3:12 pm]
BILLING CODE 3510-22-S