Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 51243-51244 [E8-20252]

Download as PDF Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations 51243 TABLE 1. EFFECTIVE DATES AND TIMES Effective Date1 Action Area From To Prohibiting Atka mackerel by vessels participating in the BSAI trawl limited access fishery Eastern Aleutian District and the Bering Sea subarea 1200 hrs, September 1, 2008 1200 hrs, November 1, 2008 Opening the first and second directed fisheries in the HLA for the Amendment 80 cooperative 542 and 543 1200 hrs, September 3, 2008 1200 hrs, September 13, 2008 542 and 543 1200 hrs, September 15, 2008 1200 hrs, September 25, 2008 542 and 543 1200 hrs, September 3, 2008 1200 hrs, September 11, 2008 542 and 543 1200 hrs, September 13, 2008 1200 hrs, September 21, 2008 542 1200 hrs, September 3, 2008 1200 hrs, September 13, 2008 Opening the first and second directed fisheries in the HLA for vessels participating in the Amendment 80 limited access sector Opening the first directed fishery in the HLA for vessels participating in the BSAI trawl limited access sector erowe on PROD1PC64 with RULES 1Alaska local time In accordance with § 679.20(a)(8)(iii)(A) and § 679.20(a)(8)(iii)(B), vessels using trawl gear for directed fishing for Atka mackerel have previously registered with NMFS to fish in the HLA fisheries in areas 542 and 543. NMFS has randomly assigned each vessel to the directed fishery or fisheries for which they have registered. NMFS has notified each vessel owner as to which fishery each vessel has been assigned by NMFS (73 FR 47852, August 11, 2008). In accordance with the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008), revision (73 FR 44173, July 30, 2008), and correction (73 FR 47559, August 14, 2008), and § 679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the 2008 TACs in areas 542 and 543 are 3,843 mt and 2,789 mt, respectively, for vessels participating in the Amendment 80 limited access fishery. The HLA limits of the B season allowance of the 2008 TACs in areas 542 and 543 are 2,534 mt and 1,735 mt, respectively, for Amendment 80 cooperatives. The HLA limit of the B season allowance of the 2008 TACs in area 542 is 130 mt for the BSAI trawl limited access fishery. In accordance with § 679.20(a)(8)(iii)(E), the Regional Administrator has established the closure dates of the Atka mackerel directed fisheries in the HLA for areas 542 and 543 based on the amount of the harvest limit and the estimated fishing capacity of the vessels assigned to the respective fisheries. VerDate Aug<31>2005 13:28 Aug 29, 2008 Jkt 214001 Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the dates and times listed in Table 1 of this notice. After the effective dates of these closures, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 § 679.20 and is exempt from review under Executive Order 12866. Classification Dated: August 27, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–20251 Filed 8–27–08; 4:15 pm] 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 a 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 the Atka mackerel fishery in the Eastern Aleutian District and the Bering Sea subarea for vessels participating in the BSAI trawl limited access fishery and the opening and closing of the fisheries for the HLA limits established for area 542 and area 543 pursuant to the 2008 Atka mackerel TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 25, 2008. The AA also finds good cause to waive the 30-day delay in PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XK13 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: E:\FR\FM\02SER1.SGM 02SER1 51244 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations erowe on PROD1PC64 with RULES SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 ft (≥ 18.3 meters (m)) length overall (LOA) using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Pacific cod total allowable catch (TAC) allocated to catcher vessels ≥ 60 ft (18.3 m) LOA using hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 28, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 allocated to catcher vessels ≥ 60 ft (18.3 m) LOA VerDate Aug<31>2005 13:28 Aug 29, 2008 Jkt 214001 using hook-and-line gear in the BSAI is 153 metric tons (mt) as established by the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) and reallocation on August 19, 2008 (73 FR 49962, August 25, 2008). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the 2008 Pacific cod directed fishing allowance allocated to catcher vessels ≥ 60 ft (18.3 m) LOA using hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels ≥ 60 ft (18.3 m) LOA using hook-and-line gear in the BSAI. 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 catcher vessels ≥ 60 ft (18.3 m) LOA using hook-and-line gear 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 August 26, 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 section 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–20252 Filed 8–27–08; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Rules and Regulations]
[Pages 51243-51244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK13


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line 
Gear 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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[[Page 51244]]

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels greater than or equal to 60 ft ([gteqt] 18.3 meters 
(m)) length overall (LOA) using hook-and-line gear in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the 2008 Pacific cod total allowable catch (TAC) 
allocated to catcher vessels [gteqt] 60 ft (18.3 m) LOA using hook-and-
line gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 28, 2008, 
through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 allocated to catcher vessels [gteqt] 60 ft 
(18.3 m) LOA using hook-and-line gear in the BSAI is 153 metric tons 
(mt) as established by the final 2008 and 2009 harvest specifications 
for groundfish in the BSAI (73 FR 10160, February 26, 2008) and 
reallocation on August 19, 2008 (73 FR 49962, August 25, 2008).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2008 Pacific cod directed fishing 
allowance allocated to catcher vessels [gteqt] 60 ft (18.3 m) LOA using 
hook-and-line gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels [gteqt] 
60 ft (18.3 m) LOA using hook-and-line gear 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 catcher vessels [gteqt] 60 ft 
(18.3 m) LOA using hook-and-line gear 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 August 26, 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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 27, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Servi
[FR Doc. E8-20252 Filed 8-27-08; 4:15 pm]
BILLING CODE 3510-22-S

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