[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Rules and Regulations]
[Page 12297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-981]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XG12
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Catching Pacific Cod for Processing by the Offshore
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
vessels catching Pacific cod for processing by the offshore component
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the A season allocation of the 2008
total allowable catch (TAC) of Pacific cod apportioned to vessels
catching Pacific cod for processing by the offshore component of the
Western Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 4, 2008,
until 1200 hrs, A.l.t., September 1, 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.
The A season allocation of the 2008 TAC of Pacific cod apportioned
to vessels catching Pacific cod for processing by the offshore
component of the Western Regulatory Area of the GOA is 1,167 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)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2008 TAC
of Pacific cod apportioned to vessels catching Pacific cod for
processing by the offshore component of the Western Regulatory Area of
the GOA will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 1,017 mt, and is setting
aside the remaining 150 mt as bycatch 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 catching Pacific cod for processing by the
offshore component 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 closure of Pacific cod apportioned to vessels catching
Pacific cod for processing by the offshore component of 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 March 3, 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: March 3, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 08-981 Filed 3-4-08; 2:44 pm]
BILLING CODE 3510-22-S