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Federal Register / Vol. 73, No.

15 / Wednesday, January 23, 2008 / Rules and Regulations 3879

national government and the States, or FOR FURTHER INFORMATION CONTACT: prior notice and opportunity for public
the distribution of power and Jennifer Hogan, 907–586–7228. comment.
responsibilities among the various SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20
levels of government. manages the groundfish fishery in the and is exempt from review under
BSAI exclusive economic zone Executive Order 12866.
List of Subjects in 42 CFR Part 72
according to the Fishery Management Authority: 16 U.S.C. 1801 et seq.
Biologics, Hazardous materials Plan for Groundfish of the Bering Sea Dated: January 16, 2008.
transportation, Packaging and and Aleutian Islands Management Area
containers, Penalties, Transportation. Emily H. Menashes,
(FMP) prepared by the North Pacific
Acting Director, Office of Sustainable
■ For the reasons set forth in the Fishery Management Council under
Fisheries, National Marine Fisheries Service.
preamble and under the authority of 42 authority of the Magnuson-Stevens
[FR Doc. 08–242 Filed 1–17–08; 2:31 pm]
U.S.C. 264, 271; 31 U.S.C. 9701; 18 Fishery Conservation and Management
BILLING CODE 3510–22–S
U.S.C. 3559, 3571, and 42 U.S.C. 262 Act. Regulations governing fishing by
note, the Department of Health and U.S. vessels in accordance with the FMP
Human Services amends title 42 (Public appear at subpart H of 50 CFR part 600
DEPARTMENT OF COMMERCE
Health) of the Code of Federal and 50 CFR part 679.
Regulations by removing part 72 The A season directed fishing National Oceanic and Atmospheric
(Interstate Shipment of Etiologic allowance of the 2008 Pacific cod TAC Administration
Agents). allocated to pot catcher processors in
the BSAI is 862 metric tons as 50 CFR Part 679
PART 72—[REMOVED AND established by the 2007 and 2008 final
harvest specifications for groundfish in [Docket No. 070213033–7033–01]
RESERVED]
the BSAI (72 FR 9451, March 2, 2007) RIN 0648–XF06
Dated: August 15, 2007. and revision (72 FR 71802, December
Julie Louise Gerberding, 19, 2007). See § 679.20(c)(3)(iii), Fisheries of the Exclusive Economic
§ 679.20(c)(5), and § 679.20(a)(7)(ii). Zone Off Alaska; Pacific Cod by
Director, Centers for Disease Control and
In accordance with § 679.20(d)(1)(iii), Catcher Vessels Greater Than or Equal
Prevention.
the Administrator, Alaska Region, to 60 Feet (18.3 Meters) Length Overall
Dated: October 11, 2007.
NMFS, has determined that the A and Using Pot Gear in the Bering Sea
Michael O. Leavitt, season allowance of the 2008 Pacific and Aleutian Islands Management Area
Secretary. cod TAC allocated to pot catcher
[FR Doc. E8–1050 Filed 1–22–08; 8:45 am] processors in the BSAI has been AGENCY: National Marine Fisheries
BILLING CODE 4163–18–P reached. Consequently, NMFS is Service (NMFS), National Oceanic and
prohibiting directed fishing for Pacific Atmospheric Administration (NOAA),
cod by pot catcher processors in the Commerce.
BSAI. ACTION: Temporary rule; closure.
DEPARTMENT OF COMMERCE
After the effective date of this closure
SUMMARY: NMFS is prohibiting directed
National Oceanic and Atmospheric the maximum retainable amounts at
fishing for Pacific cod by pot catcher
Administration § 679.20(e) and (f) apply at any time
vessels greater than or equal to 60 feet
during a trip.
(≥ 18.3 meters (m)) length overall (LOA)
50 CFR Part 679 Classification in the Bering Sea and Aleutian Islands
[Docket No. 070213033–7033–01] This action responds to the best management area (BSAI). This action is
available information recently obtained necessary to prevent exceeding the A
RIN 0648–XF14 season allowance of the 2008 Pacific
from the fishery. The Assistant
Administrator for Fisheries, NOAA, cod allowable catch (TAC) specified for
Fisheries of the Exclusive Economic
(AA), finds good cause to waive the pot catcher vessels ≥ 60 feet (18.3 m)
Zone Off Alaska; Pacific Cod by
requirement to provide prior notice and LOA in the BSAI.
Catcher Processors Using Pot Gear in
the Bering Sea and Aleutian Islands opportunity for public comment DATES: Effective 1200 hrs, Alaska local
Management Area pursuant to the authority set forth at 5 time (A.l.t.), January 18, 2008, though
U.S.C. 553(b)(B) as such requirement is 1200 hrs, A.l.t., June 10, 2008.
AGENCY: National Marine Fisheries impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT:
Service (NMFS), National Oceanic and interest. This requirement is Jennifer Hogan, 907–586–7228.
Atmospheric Administration (NOAA), impracticable and contrary to the public SUPPLEMENTARY INFORMATION: NMFS
Commerce. interest as it would prevent NMFS from manages the groundfish fishery in the
ACTION: Temporary rule; closure. responding to the most recent fisheries BSAI exclusive economic zone
data in a timely fashion and would according to the Fishery Management
SUMMARY: NMFS is prohibiting directed delay the closure of Pacific cod by pot Plan for Groundfish of the Bering Sea
fishing for Pacific cod by pot catcher catcher processors in the BSAI. NMFS and Aleutian Islands Management Area
processors in the Bering Sea and was unable to publish a notice (FMP) prepared by the North Pacific
Aleutian Islands management area providing time for public comment Fishery Management Council under
(BSAI). This action is necessary to because the most recent, relevant data authority of the Magnuson-Stevens
prevent exceeding the A season only became available as of January 16, Fishery Conservation and Management
allowance of the 2008 Pacific cod 2008. Act. Regulations governing fishing by
sroberts on PROD1PC70 with RULES

allowable catch (TAC) specified for pot The AA also finds good cause to U.S. vessels in accordance with the FMP
catcher processors in the BSAI. waive the 30-day delay in the effective appear at subpart H of 50 CFR part 600
DATES: Effective 1200 hrs, Alaska local date of this action under 5 U.S.C. and 50 CFR part 679.
time (A.l.t.), January 20, 2008, though 553(d)(3). This finding is based upon The A season allowance of the 2008
1200 hrs, A.l.t., June 10, 2008. the reasons provided above for waiver of Pacific cod TAC allocated to pot catcher

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3880 Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Rules and Regulations

vessels ≥ 60 feet (18.3 m) LOA in the § 679.20(e) and (f) apply at any time publish a notice providing time for
BSAI is 4,826 metric tons as established during a trip. public comment because the most
by the 2007 and 2008 final harvest recent, relevant data only became
Classification
specifications for groundfish in the available as of January 16, 2008.
BSAI (72 FR 9451, March 2, 2007) and This action responds to the best The AA also finds good cause to
revision (72 FR 71802, December 19, available information recently obtained waive the 30-day delay in the effective
2007). See § 679.20(c)(3)(iii), from the fishery. The Assistant date of this action under 5 U.S.C.
§ 679.20(c)(5), and § 679.20(a)(7)(ii)(A) Administrator for Fisheries, NOAA, 553(d)(3). This finding is based upon
and (a)(7)(ii)(C)(1)(iv). (AA), finds good cause to waive the the reasons provided above for waiver of
requirement to provide prior notice and prior notice and opportunity for public
In accordance with § 679.20(d)(1)(iii),
opportunity for public comment comment.
the Administrator, Alaska Region,
pursuant to the authority set forth at 5 This action is required by § 679.20
NMFS, has determined that the A U.S.C. 553(b)(B) as such requirement is and is exempt from review under
season allowance of the 2008 Pacific impracticable and contrary to the public Executive Order 12866.
cod TAC allocated to pot catcher vessels interest. This requirement is
≥ 60 feet (18.3 m) LOA in the BSAI has impracticable and contrary to the public
Authority: 16 U.S.C. 1801 et seq.
been reached. Consequently, NMFS is interest as it would prevent NMFS from Dated: January 16, 2008.
prohibiting directed fishing for Pacific responding to the most recent fisheries Emily H. Menashes,
cod by pot catcher vessels ≥ 60 feet (18.3 data in a timely fashion and would Acting Director, Office of Sustainable
m) LOA in the BSAI. delay the closure of Pacific cod by pot Fisheries, National Marine Fisheries Service.
After the effective date of this closure catcher vessels ≥ 60 feet (18.3 m) LOA [FR Doc. 08–239 Filed 1–17–08; 2:31 pm]
the maximum retainable amounts at in the BSAI. NMFS was unable to BILLING CODE 3510–22–S
sroberts on PROD1PC70 with RULES

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