[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4760-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-341]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213033-7033-01]
RIN 0648-XF25
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels in the Amendment 80 Limited Access Fishery 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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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod for
vessels participating in the Amendment 80 limited access fishery in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to prevent exceeding the A season allowance of the 2008
Pacific cod allowable catch (TAC) specified for vessels participating
in the Amendment 80 limited access fishery in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 23,
2008, through 1200 hrs, A.l.t., April 1, 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
[[Page 4761]]
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 A season allowance of the 2008 Pacific cod TAC allocated to
vessels participating in the Amendment 80 limited access fishery in the
BSAI is 1,839 metric tons as established by the 2007 and 2008 final
harvest specifications for groundfish in the BSAI (72 FR 9451, March 2,
2007) and revision (72 FR 71802, December 19, 2007). See Sec. Sec.
679.20(a)(7)(ii)(A), 679.20(a)(7)(iv)(A), and 679.91(c)(4).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the entire A
season allowance of the 2008 Pacific cod TAC allocated to vessels
participating in the Amendment 80 limited access fishery in the BSAI
will be caught as incidental catch in directed fisheries for other
groundfish fisheries. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 0 mt and is setting aside
the remaining 1,839 mt as incidental catch to support other anticipated
groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the
Regional Administrator finds that this directed fishing allowance has
been reached. Consequently, NMFS is prohibiting directed fishing for
Pacific cod by vessels participating in the Amendment 80 limited access
fishery 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 vessels participating in the
Amendment 80 limited access fishery 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 January 22, 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 Sec. 679.91 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-341 Filed 1-23-08; 2:48 pm]
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