[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Rules and Regulations]
[Page 22063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9006]
[[Page 22063]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XH36
Fisheries of the Economic Exclusive 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.
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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 specified for catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear
in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 30, 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., May 8, 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 0648-
XH36, 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; or
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Instructions: 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 (for example, name,
address, etc.) 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. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file 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 closed directed fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the
BSAI under Sec. 679.20(d)(1)(iii) on March 21, 2008 (73 FR 15677,
March 25, 2008).
NMFS has determined that as of April 11, 2008, approximately 475
metric tons 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 Sec.
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the
2008 TAC of Pacific cod specified for 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
hook-and-line or pot gear in the BSAI. The opening is effective 1200
hrs, A.l.t., April 30, 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 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 April 17, 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-and-line or pot gear in the BSAI to be harvested in an expedient
manner and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until May 8, 2008.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 18, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-9006 Filed 4-23-08; 8:45 am]
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