Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska, 7224-7225 [08-553]

Download as PDF 7224 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations rfrederick on PROD1PC67 with RULES further divided into two equal quotas of 520,312 lb (236,010 kg) for vessels in each of two groups fishing with runaround gillnets and hook-and-line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)). The southern subzone is that part of the Florida west coast subzone which from November 1 through March 31 extends south and west from 26°19.8′ N. lat. (a line directly west from the Lee/ Collier County, FL, boundary), to 25°20.4′ N. lat. (a line directly east from the Monroe/Miami-Dade County, FL, boundary), i.e., the area off Collier and Monroe Counties. From April 1 through October 31, the southern subzone is that part of the Florida west coast subzone which is between 26°19.8′ N. lat. (a line directly west from the Lee/Collier County, FL, boundary) and 25°48′ N. lat. (a line directly west from the Collier/ Monroe County, FL, boundary), i.e., the area off Collier County. Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of the king mackerel commercial fishery when its quota has been reached, or is projected to be reached, by filing a notification at the Office of the Federal Register. NMFS has determined that the commercial quota of 520,312 lb (236,010 kg) for Gulf group king mackerel for vessels using run-around gillnet gear in the southern Florida west coast subzone was reached on February 4, 2008. Accordingly, the commercial fishery for king mackerel for such vessels in the southern Florida west coast subzone is closed at 6 a.m., local time, February 5, 2008, through 6 a.m., January 20, 2009, the beginning of the next fishing season, i.e., the day after the 2009 Martin Luther King Jr. Federal holiday. Classification This action responds to the best available information recently obtained from the fisheries. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the closure. NMFS also finds good cause that the implementation of this action cannot be delayed for 30 days. There is a need to implement this measure in a timely fashion to prevent an overrun of the commercial run-around gillnet fishery for king mackerel in the southern VerDate Aug<31>2005 15:02 Feb 06, 2008 Jkt 214001 Florida west coast subzone, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be contrary to the Magnuson-Stevens Act and the FMP. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 4, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–554 Filed 2–4–08; 2:33 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XF49 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for the A season allowance of the 2008 Pacific cod sideboard limits apportioned to non-American Fisheries Act (AFA) crab vessels 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 A season allowance of the 2008 Pacific cod sideboard limits apportioned to 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.), February 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 680. The A season allowance of 2008 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA is 1,017 metric tons (mt) for the GOA, as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007) and revision (72 FR 71802, December 19, 2007). In accordance with § 680.22(e)(2)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season allowance of the 2008 Pacific cod sideboard limits apportioned to 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 for Pacific cod as 1,007 mt in the Gulf of Alaska. The remaining 10 mt in the Gulf of Alaska will be set aside 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 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 E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations rfrederick on PROD1PC67 with RULES responding to the most recent fisheries data in a timely fashion and would delay the sideboard directed fishing closure of Pacific cod apportioned to non-AFA crab vessels 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 VerDate Aug<31>2005 15:02 Feb 06, 2008 Jkt 214001 recent, relevant data only became available as of February 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. PO 00000 This action is required by § 680.22 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 4, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–553 Filed 2–4–08; 2:33 pm] BILLING CODE 3510–22–S Frm 00039 Fmt 4700 Sfmt 4700 7225 E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Rules and Regulations]
[Pages 7224-7225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-553]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XF49


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American 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 the A season 
allowance of the 2008 Pacific cod sideboard limits apportioned to non-
American Fisheries Act (AFA) crab vessels 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 A season allowance of the 2008 Pacific cod sideboard limits 
apportioned to 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.), February 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The A season allowance of 2008 Pacific cod sideboard limits 
apportioned to non-AFA crab vessels catching Pacific cod for processing 
by the inshore component in the Western Regulatory Area of the GOA is 
1,017 metric tons (mt) for the GOA, as established by the 2007 and 2008 
harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 
2007) and revision (72 FR 71802, December 19, 2007).
    In accordance with Sec.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of the 2008 Pacific cod sideboard limits apportioned to 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 for Pacific cod as 1,007 mt in the 
Gulf of Alaska. The remaining 10 mt in the Gulf of Alaska will be set 
aside as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  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 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 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

[[Page 7225]]

responding to the most recent fisheries data in a timely fashion and 
would delay the sideboard directed fishing closure of Pacific cod 
apportioned to non-AFA crab vessels 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 
February 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 Sec.  680.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 4, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-553 Filed 2-4-08; 2:33 pm]
BILLING CODE 3510-22-S
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