Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58503 

[FR Doc. E8–23722 Filed 10–6–08; 8:45 am] 

BILLING CODE 3510–22–C 

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. 

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 MagnusonStevens 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 

§ 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 


jlentini on PROD1PC65 with RULESER07OC08.039</GPH>
58504 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

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 § 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 

§ 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 § 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] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK97 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore 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 Pacific cod by non–American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component 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 non–AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 3, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 2008 Pacific cod sideboard limit 

established for non–AFA crab vessels 

that are subject to sideboard limits 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA is 1,579 

metric tons (mt) for the GOA, as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with § 680.22(e)(2)(i), 

the Regional Administrator has 

determined that the 2008 Pacific cod 

sideboard limit established for non– 

AFA crab vessels catching Pacific cod 

for processing by the inshore 

component in the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a sideboard directed fishing 

allowance of 1,569 mt, and is setting 

aside the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 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 that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 for non–AFA crab 

vessels that are subject to sideboard 

limits catching Pacific cod for 

processing by the inshore 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 October 1, 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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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


jlentini on PROD1PC65 with RULES