52798 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

are revised as follows: 5,210 mt to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear, 0 

mt to catcher vessels ≥ 60 feet (18.3 m) 

LOA using hook-and-line gear, and 260 

mt to vessels using jig gear. 

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 reallocation of Pacific cod to 

catcher vessels using hook-and-line or 

pot gear. Since the fishery is currently 

open, it is important to immediately 

inform the industry as to the revised 

allocations. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 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: September 8, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21122 Filed 9–8–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XK39 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to fully use the 2008 

total allowable catch (TAC) of Pacific 

cod allocated to catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 12, 2008, 

through 2400 hrs, A.l.t., December 31, 

2008. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 23, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648–

XK39,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

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 (e.g., name, address) 

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 (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

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. 

NMFS prohibited directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI under 

§ 679.20(d)(1)(iii) on March 21, 2008 (73 

FR 15677, March 25, 2008), reopened 

the fishery on April 30, 2008 (73 FR 

22063, April 24, 2008), and closed the 

fishery again on May 6, 2008 (73 FR 

26339, May 10, 2008). NMFS reallocated 

1,200 metric tons (mt) from jig gear on 

February 26, 2008 (73 FR 11562, March 

4, 2008), 400 mt from jig gear on April 

11, 2008 (73 FR 19748, April 11, 2008), 

and 577 mt from jig gear and catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

on September 5, 2008 (73 FR 51243, 

September 2, 2008). 

NMFS has determined that as of 

September 5, 2008, approximately 600 

mt of Pacific cod remain in the 2008 

Pacific cod TAC allocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

BSAI. Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2008 

TAC of Pacific cod allocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

BSAI, NMFS is terminating the previous 

closure and is opening directed fishing 

for Pacific cod by catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. The 

opening is effective 1200 hrs, A.l.t., 

September 12, 2008, through 2400 hrs, 

A.l.t., December 31, 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 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 52799 

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 the Pacific cod 

fishery by catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear in the BSAI. Immediate 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until September 23, 2008. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 8, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21123 Filed 9–8–08; 4:15 pm] 

BILLING CODE 3510–22–S 


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