Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processors Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 8228-8229 [08-640]

Download as PDF 8228 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations provide the additional information within 60 days from receipt of such notification. If the additional information is not provided within 60 days, the application will be deemed abandoned. If the RA subsequently certifies the BRD, the RA will announce the certification in the Federal Register. pwalker on PROD1PC71 with RULES IV. Decertification of BRDs The RA will decertify a BRD whenever NMFS determines a BRD no longer satisfies the bycatch reduction criterion. Before determining whether to decertify a BRD, the RA will notify the appropriate Fishery Management Council in writing, and the public will be provided an opportunity to comment on the advisability of any proposed decertification. The RA will consider any comments from the Council and public, and if the RA elects to proceed with decertification of the BRD, the RA will publish proposed and final rules in the Federal Register with a comment period of no less than 15 days on the proposed rule. A provisionally certified BRD is valid for use in the fishery for 2 years from the date of publication of a notice in the Federal Register. If no new data are submitted to indicate the efficiency of the BRD has been improved, the RA will remove the BRD from the list of provisionally certified BRDs. V. Interactions with Sea Turtles The following section is provided for informational purposes. Sea turtles are listed under the Endangered Species Act as either endangered or threatened. The following procedures apply to incidental take of sea turtles under 50 CFR 223.206(d)(1): ‘‘Any sea turtles taken incidentally during the course of fishing or scientific research activities must be handled with due care to prevent injury to live specimens, observed for activity, and returned to the water according to the following procedures: (A) Sea turtles that are actively moving or determined to be dead (as described in paragraph (B)(4) below) must be released over the stern of the boat. In addition, they must be released only when fishing or scientific collection gear is not in use, when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels. (B) Resuscitation must be attempted on sea turtles that are comatose or inactive by: (1) Placing the turtle on its bottom shell (plastron) so that the turtle is right side up and elevating its hindquarters at least 6 inches (15.2 cm) for a period of 4 to 24 hours. The amount of elevation depends on the size of the turtle; greater elevations are needed for larger turtles. Periodically, rock the turtle gently left to right and right to left by holding the outer edge of the shell (carapace) and lifting one side about 3 inches (7.6 cm) then alternate to the other side. Gently touch the eye and pinch the tail (reflex test) periodically to see if there is a response. (2) Sea turtles being resuscitated must be shaded and kept damp or moist but under no circumstance be placed into a container holding water. A water-soaked towel placed over the head, carapace, and flippers is the most effective method in keeping a turtle moist. VerDate Aug<31>2005 16:56 Feb 12, 2008 Jkt 214001 (3) Sea turtles that revive and become active must be released over the stern of the boat only when fishing or scientific collection gear is not in use, when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels. Sea turtles that fail to respond to the reflex test or fail to move within 4 hours (up to 24, if possible) must be returned to the water in the same manner as that for actively moving turtles. (4) A turtle is determined to be dead if the muscles are stiff (rigor mortis) and/or the flesh has begun to rot; otherwise, the turtle is determined to be comatose or inactive and resuscitation attempts are necessary. Any sea turtle so taken must not be consumed, sold, landed, offloaded, transshipped, or kept below deck.’’ [FR Doc. E8–2679 Filed 2–12–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XF55 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processors Using Hook-andLine 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: SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2008 Pacific cod total allowable catch (TAC) allocated to catcher processors using hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 2008, through 1200 hrs, A.l.t., June 10, 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. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2008 Pacific cod TAC allocated to catcher processors using hook-and-line gear in the BSAI is 27,979 metric tons (mt) as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) and revision (72 FR 71802, December 19, 2007). See § 679.20(a)(7)(ii)(A)(4), § 679.20(a)(7)(iv)(A)(2), § 679.20(c)(3)(iii), and § 679.20(c)(5). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the A season allowance of the 2008 Pacific cod directed fishing allowance allocated to catcher processors using hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher processors using hookand-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 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 processors 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 February 6, 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. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations Dated: February 7, 2008. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–640 Filed 2–7–08; 3:10 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–XF57 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 Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: pwalker on PROD1PC71 with RULES 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 Central 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 Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 2008, until 1200 hrs, A.l.t., September 1, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. VerDate Aug<31>2005 16:56 Feb 12, 2008 Jkt 214001 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 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 Central Regulatory Area of the GOA is 609 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 (73 FR 1831, January 10, 2008). 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 Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a sideboard directed fishing allowance for Pacific cod as 599 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 8229 component in the Central 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 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 Central 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 7, 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 § 680.22 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 8, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–652 Filed 2–8–08; 1:54 pm] BILLING CODE 3510–22–S E:\FR\FM\13FER1.SGM 13FER1

Agencies

[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Rules and Regulations]
[Pages 8228-8229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-640]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XF55


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processors 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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SUMMARY:  NMFS is prohibiting directed fishing for Pacific cod by 
catcher processors using hook-and-line gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the A season allowance of the 2008 Pacific cod total 
allowable catch (TAC) allocated to catcher processors using hook-and-
line gear in the BSAI.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 
2008, through 1200 hrs, A.l.t., June 10, 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 A season allowance of the 2008 Pacific cod TAC allocated to 
catcher processors using hook-and-line gear in the BSAI is 27,979 
metric tons (mt) as established by the 2007 and 2008 final harvest 
specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) 
and revision (72 FR 71802, December 19, 2007). See Sec.  
679.20(a)(7)(ii)(A)(4), Sec.  679.20(a)(7)(iv)(A)(2), Sec.  
679.20(c)(3)(iii), and Sec.  679.20(c)(5).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the A season allowance of the 2008 Pacific cod 
directed fishing allowance allocated to catcher processors using hook-
and-line gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher processors 
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 processors 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 February 6, 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.


[[Page 8229]]


    Dated: February 7, 2008.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-640 Filed 2-7-08; 3:10 pm]
BILLING CODE 3510-22-S
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