Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 11562-11563 [08-931]

Download as PDF 11562 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations substantially affect the rights or obligations of non-agency parties. Accordingly, pursuant to the authority contained in § 0.231(b) of the Commission’s rules, 47 CFR 0.231 (b), it is hereby ordered, that, effective on March 4, 2008, the Fee Schedule contained in § 0.467 of the Commission’s rules, 47 CFR 0.467, is amended, as described herein. List of Subjects in 47 CFR Part 0 For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 0 as follows: I PART 0—COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: I Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted. 2. Section 0.467 is amended by revising the table following paragraph (a)(1) and its note, and by revising paragraph (a)(2) to read as follows: I Search and review fees. (a)(1) * * * Hourly fee Grade GS–1 ............................................... GS–2 ............................................... GS–3 ............................................... GS–4 ............................................... GS–5 ............................................... GS–6 ............................................... GS–7 ............................................... GS–8 ............................................... GS–9 ............................................... GS–10 ............................................. GS–11 ............................................. GS–12 ............................................. GS–13 ............................................. GS–14 ............................................. GS–15 ............................................. rwilkins on PROD1PC63 with RULES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF95 Rule Changes $13.43 14.62 16.48 18.49 20.69 23.06 25.63 28.38 31.36 34.52 37.93 45.47 54.06 63.89 75.14 Note: These fees will be modified periodically to correspond with modifications in the rate of pay approved by Congress. (2) The fees in paragraph (a)(1) of this section were computed at Step 5 of each grade level based on the General Schedule effective January 2008 and 16:18 Mar 03, 2008 BILLING CODE 6712–01–P [Docket No. 070213033–7033–01] Federal Communications Commission. Anthony J. Dale, Managing Director. VerDate Aug<31>2005 [FR Doc. E8–4129 Filed 3–3–08; 8:45 am] 50 CFR Part 679 Freedom of information. § 0.467 include 20 percent for personnel benefits. * * * * * Jkt 214001 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the A season apportionment of the 2008 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective February 28, 2008, through 2400 hrs, Alaska local time (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 A season apportionment of the 2008 Pacific cod TAC specified for vessels using jig gear in the BSAI is 1,281 metric tons (mt) as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008), for the period 1200 hrs, A.l.t., January 1, 2008, through 1200 hrs, A.l.t., April 30, 2008. See § 679.20(a)(7)(ii)(A), § 679.20(c)(3)(iii), and § 679.20(c)(5). PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 The Acting Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 1,200 mt of the A season apportionment of the 2008 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,200 mt of Pacific cod from the A season jig gear apportionment to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line 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: 81 mt to the A season apportionment for vessels using jig gear and 4,233 mt to catcher vessels < 60 feet (18.3 m) LOA using pot or 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 specified from jig vessels to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line 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 February 25, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations Dated: February 27, 2008. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–931 Filed 2–28–08; 1:48 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 [Docket No. 070717344–8150–01; I.D. 041907A] RIN 0648–AV44 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS issues this final rule to decrease the incidental catch allowance for weakfish caught in the Exclusive Economic Zone (EEZ) from 300 lb (135 kg) to no more than 150 lb (67 kg) per day or trip, whichever is longer in duration. The intent of this final rule is to modify regulations for the Atlantic coast stock of weakfish to be consistent with the Atlantic States Marine Fisheries Commission’s (Commission) Interstate Fishery Management Plan (ISFMP) for weakfish, as set forth in the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). DATES: Effective April 3, 2008. ADDRESSES: Copies of supporting documents are available from Chris Moore, Chief, Partnerships and Communications Division (SF8), Office of Sustainable Fisheries, National Marine Fisheries Service, 1315 EastWest Highway, Suite 13317, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Brian Hooker, 301–713–2334. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with RULES Background The Commission approved Addendum II to Amendment 4 of the VerDate Aug<31>2005 16:18 Mar 03, 2008 Jkt 214001 Weakfish ISFMP in February 2007. Included in the management measures for this addendum was a reduction of the bycatch limit of weakfish in commercial fisheries from 300 lb (135 kg) to 150 lb (67 kg). These measures were developed in response to recent stock assessment data that suggested low weakfish biomass. While the reduced bycatch provision would not itself resolve the biomass issue, the Commission thought it a measure that might potentially slow the decline and have some positive effect. A more detailed discussion of the stock assessment and Commission action is set forth in the proposed rule for this action that was published in the Federal Register on June 14, 2007 (72 FR 32830). NMFS analyzed the Commission’s bycatch recommendation and similarly concluded that although the measure would not itself remedy the low weakfish biomass, the recommendation appeared reasonable, prudent and positive. The measure would also support the Commission’sWeakfish ISFMP and, importantly, would further the consistency between State and Federal weakfish regulations. Comments and Responses NMFS received no public comments on the proposed rule for this action. Classification This final rule is published under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). Paragraphs (A) and (B) of section 804(b) (1) of the Atlantic Coastal Act, 16 U.S.C. 5103(a)(b), authorizes the Secretary of Commerce to implement regulations in the EEZ in the absence of a MagnusonStevens Fishery Conservation Management Act (Magnuson-Stevens Act) fishery management plan. Such regulations must be compatible with the effective implementation of a Commission’s ISFMP, and consistent with the national standards set forth in section 301 of the Magnuson-Stevens Act. The Assistant Administrator for Fisheries has determined that this action is compatible with the effective implementation of the Commission’s ISFMP for weakfish and consistent with PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 11563 the national standards of the MagnusonStevens Act. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule has been determined to be not significant for the purposes of Executive Order 12866. List of Subjects in 50 CFR Part 697 Fisheries, Fishing. Dated: February 28, 2008. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 697, is amended as follows: I PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT 1. The authority citation for 50 CFR part 697 continues to read as follows: I Authority: 16 U.S.C. 5101 et seq. 2. In § 697.7, paragraph (a) (4) is revised to read as follows: I § 697.7 Prohibitions. (a) * * * (4) Possess more than 150 lb (67 kg) of weakfish during any one day or trip, whichever islonger, in the EEZ when using a mesh size less than 3 1/4–inch (8.3 cm) square stretch mesh(as measured between the centers of opposite knots when stretched taut) or 3 3/4–inch (9.5cm) diamond stretch mesh for finfish trawls and 2 7/8–inch (7.3 cm) stretch mesh for gillnets. * * * * * [FR Doc. E8–4122 Filed 3–3–08; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11562-11563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XF95


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 vessels using jig gear to catcher vessels less than 60 feet (< 
18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the A season apportionment of the 2008 
total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective February 28, 2008, through 2400 hrs, Alaska local time 
(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 A season apportionment of the 2008 Pacific cod TAC specified 
for vessels using jig gear in the BSAI is 1,281 metric tons (mt) as 
established by the 2008 and 2009 final harvest specifications for 
groundfish in the BSAI (73 FR 10160, February 26, 2008), for the period 
1200 hrs, A.l.t., January 1, 2008, through 1200 hrs, A.l.t., April 30, 
2008. See Sec.  679.20(a)(7)(ii)(A), Sec.  679.20(c)(3)(iii), and Sec.  
679.20(c)(5).
    The Acting Administrator, Alaska Region, NMFS, has determined that 
jig vessels will not be able to harvest 1,200 mt of the A season 
apportionment of the 2008 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 1,200 mt of Pacific cod from the 
A season jig gear apportionment to catcher vessels < 60 feet (18.3 m) 
LOA using pot or hook-and-line 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: 81 mt to the A season apportionment for 
vessels using jig gear and 4,233 mt to catcher vessels < 60 feet (18.3 
m) LOA using pot or 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 specified from jig vessels 
to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line 
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 February 25, 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.


[[Page 11563]]


    Dated: February 27, 2008.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-931 Filed 2-28-08; 1:48 pm]
BILLING CODE 3510-22-S

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