[Federal Register: August 25, 2008 (Volume 73, Number 165)]
[Rules and Regulations]
[Page 49962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au08-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XJ94
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3
meters (m)) length overall (LOA) using hook-and-line gear to the B
season allocation for vessels using jig gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
allow the 2008 total allowable catch (TAC) of Pacific cod to be
harvested.
DATES: Effective August 19, 2008, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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.
The 2008 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet ([gteqt] 18.3 m) LOA using hook-and-line gear in
the BSAI is 303 metric tons (mt) as established by the final 2008 and
2009 harvest specifications for groundfish in the BSAI (73 FR 10160,
February 26, 2008).
The Acting Administrator, Alaska Region, NMFS, has determined that
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m)
length LOA using hook-and-line gear will not be able to harvest 150 mt
of the 2008 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS allocates 150 mt of Pacific cod from the
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m)
length LOA using hook-and-line gear allocation to the B season
allocation for vessels using jig gear.
The harvest specifications for Pacific cod included in the harvest
specifications for groundfish in the BSAI (73 FR 10160, February 26,
2008) are revised as follows: 177 mt to the B season allocation for
vessels using jig gear and 153 mt to catcher vessels [gteqt] 60 feet
(18.3 m) LOA using hook-and-line gear.
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 reallocation of Pacific cod from catcher vessels
[gteqt] 60 feet (18.3 m) LOA using hook-and-line gear to the B season
allocation for vessels using jig gear. Since the fishery is currently
open, it is important to immediately inform the industry as to the
revised allocations. 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 as well as processors. NMFS was unable
to publish a notice providing time for public comment because the most
recent, relevant data only became available as of August 18, 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: August 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-19578 Filed 8-19-08; 4:15 pm]
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