[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58503-58504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23589]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XK96


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Subject to Amendment 80 Sideboard Limits 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
Amendment 80 vessels subject to sideboard limits in the Western 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
to prevent exceeding the 2008 Pacific cod sideboard limit established 
for Amendment 80 vessels subject to sideboard limits in the Western 
Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2008, 
until 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 
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 679.
    The 2008 Pacific cod sideboard limit established for Amendment 80 
vessels subject to sideboard limits in the Western Regulatory Area of 
the GOA is 389 metric tons (mt), as established by the 2008 and 2009 
harvest specifications for groundfish of the GOA (73 FR 10562, February 
27, 2008).
    In accordance with Sec.  679.20(d)(1)(v)(A), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2008 Pacific cod sideboard limit established for Amendment 80 vessels

[[Page 58504]]

subject to sideboard limits 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 
330 mt in the Western Regulatory Area of the GOA. The remaining 59 mt 
in the Western Regulatory Area of the GOA will be set aside as bycatch 
to support other anticipated groundfish fisheries. In accordance with 
Sec.  679.20(d)(1)(v)(C), the Regional Administrator finds that this 
Amendment 80 sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
Amendment 80 vessels subject to sideboard limits 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 
established for Amendment 80 vessels subject to sideboard limits 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 September 30, 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: October 1, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23589 Filed 10-1-08; 4:30 pm]
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