[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54737-54738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22208]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK62


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Pot Catcher Processors 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.

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[[Page 54738]]

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by pot 
catcher processors 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 pot catcher 
processors in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 19, 
2008, through 2400 hrs, A.l.t., December 31, 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 2008 Pacific cod TAC allocated to pot catcher processors in the 
BSAI is 2,274 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 Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2008 Pacific cod directed fishing 
allowance allocated to pot catcher processors in the BSAI has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by pot catcher processors in the BSAI.
    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 closure of Pacific cod by pot 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 September 16, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-22208 Filed 9-18-08; 4:15 pm]
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