Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska, 12897-12898 [08-1001]

Download as PDF Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations State effective date Name of source Permit number/type (PEPCO)—Chalk Point Units #1 and #2. Potomac Electric Power Company (PEPCO)—Dickerson. Beall Jr./Sr. High School ................. #49352 Amended Consent Order ... 1/27/78 #49352 Amended Consent Order ... 7/26/78 Consent Order ................................. 1/30/79 Mt. Saint Mary’s College ................. Consent Order ................................. 3/8/79 Potomac Electric Power Company (PEPCO)—Chalk Point. Maryland Slag Co ............................ Secretarial Order ............................. 7/19/79 Consent Agreement (Order) ............ 10/31/80 Northeast Maryland Waste Disposal Authority. Northeast Maryland Waste Disposal Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of Baltimore and BEDCO Development Corp. Westvaco Corp ................................ Secretarial Order ............................. 11/20/81 Secretarial Order ............................. 2/25/83 Consent Order ................................. Potomac Electric Power Company(PEPCO). Thomas Manufacturing Corp ........... Administrative Consent Order ......... 9/6/83; Rev. 1/26/84 9/13/99 Consent Decree ............................... 2/15/01 Constellation Power Source Generation, Inc.-Brandon Shores Units #1 & 2; Gould Street Unit #3; H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside Unit #4. Kaydon Ring and Seal, Inc .............. Consent Order and NOX RACT Averaging Plan Proposal. 4/25/01 Consent Order ................................. 3/5/04 Perdue Farms, Inc ........................... Consent Order ................................. 2/1/05 * * * * * [FR Doc. E8–4566 Filed 3–10–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XG19 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. yshivers on PROD1PC62 with RULES AGENCY: SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2008 total allowable catch (TAC) of pollock VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 EPA approval date Additional explanation 4/2/79; 44 FR 19192 12/6/79; 44 FR 70141 3/18/80; 45 FR 17144 3/18/80; 45 FR 17144 9/3/80; 45 FR 58340 9/8/81; 41 FR 44757 7/7/82; 47 FR 29531 8/24/83; 45 FR 55179 52.1100(c)(22); FRN republished 5/ 3/79 (44 FR 25840). 52.1100(c)(25). 12/20/84; 49 FR 49457 12/15/00; 65 FR 78416 11/15/01; 66 FR 57395 2/27/02; 67 FR 8897 52.1100(c)(74). 8/31/04; 69 FR 53002 1/11/07; 72 FR 1291 specified for Statistical Area 610 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2008, through 2400 hrs, A.l.t., December 31, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 21, 2008. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XG19, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov; • Mail: P.O. Box 21668, Juneau, AK 99802; • Fax: (907) 586–7557; or • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 12897 52.1100(c)(26). 52.1100(c)(26). 52.1100(c)(34). 52.1100(c)(49). 52.1100(c)(65) (Wheelabrator-Frye, Inc.). 52.1100(c)(70) (Shutdown of landfill for offsets). 52.1100(c)(151). 52.1100(c)(167). 52.1100(c)(168). (c)(190); SIP effective date is 11/1/ 04. 52.1070(d)(1). voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. 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. The 2008 pollock TAC specified for vessels in Statistical Area 610 in the GOA is 3,322 metric tons (mt) as established by the 2008 and 2009 harvest specifications for groundfish of SUPPLEMENTARY INFORMATION: E:\FR\FM\11MRR1.SGM 11MRR1 12898 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations the GOA (73 FR 10562, February 27, 2008). NMFS closed the directed fishery for pollock in Statistical Area 610 of the GOA under § 679.20(d)(1)(iii) on January 22, 2008 (73 FR 4493, January 25, 2008). The fishery reopened on March 3, 2008 for 24 hours (73 FR 12031, March 6, 2008). As of March 4, 2008, NMFS has determined that approximately 3,050 mt of pollock remain in the directed fishing allowance in Statistical Area 610 of the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the A season allowance of the 2008 TAC of pollock in Statistical Area 610, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 610 of the GOA, effective 1200 hrs, A.l.t., March 7, 2008. yshivers on PROD1PC62 with RULES 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) and 50 CFR 679.25(c)(1)(ii) 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 opening of pollock in Statistical Area 610 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 March 4, 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. Without this inseason adjustment, NMFS could not allow the fishery for pollock in Statistical Area 610 of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 21, 2008. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 Dated: March 6, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1001 Filed 3–6–08; 2:55 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070816465–8008–02] RIN 0648–AV96 Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited Species Bycatch Management National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS issues a final rule to repeal regulations providing for a groundfish vessel incentive program (VIP) that was designed to reduce the rate at which Pacific halibut and red king crab are taken as incidental catch in Alaska groundfish trawl fisheries. The VIP has not performed as intended because of the costs associated with implementation and enforcement, the relatively small number of vessels covered by the regulation, and the implementation of more effective bycatch reduction programs. This action is necessary to reduce a regulatory burden on the industry and to reduce the administrative costs necessary to support a program no longer considered an effective means to reduce bycatch rates. Effective April 10, 2008. Copies of the Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for this action are available on the Alaska Region Web site at http:// www.fakr.noaa.gov. Printed copies can be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian. FOR FURTHER INFORMATION CONTACT: Ben Muse, 907–586–7228, or ben.muse@noaa.gov. DATES: ADDRESSES: SUPPLEMENTARY INFORMATION: Background NMFS manages the U.S. groundfish fisheries of the exclusive economic zone off Alaska under the Fishery PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs). The North Pacific Fishery Management Council (Council) prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations implementing the FMPs appear at 50 CFR part 679. General regulations that pertain to U.S. fisheries appear at subpart H of 50 CFR part 600. Fisheries off Alaska targeting groundfish incidentally catch other species. Some of these non-groundfish species are themselves the objects of valuable targeted fisheries and retention of these species is prohibited in the groundfish fishery. These prohibited species include Pacific halibut, Chinook and ‘‘other’’ salmon, several crab species, and herring. Measures to restrict the catch of these species have been incorporated into the FMPs and regulations at 50 CFR part 679. Among these measures are prohibited species catch (PSC) limits that restrict the amount of a prohibited species that may be taken incidentally in a groundfish fishery. Groundfish fisheries are routinely closed in all or part of a management area when a PSC limit is reached. These closures are expensive for industry because they mean that valuable groundfish are left unharvested. Section 3.6.4 of the Gulf of Alaska (GOA) FMP authorizes regulations to reduce halibut bycatch rates in fisheries subject to halibut PSC limits to increase the opportunity to fish groundfish total allowable catches (TACs) before established PSC limits are reached. Section 3.6.4 of the Bering Sea and Aleutian Island (BSAI) FMP allows for implementation of regulatory measures to provide incentives to individual vessels to reduce bycatch rates of prohibited species for which PSC limits are established. While the GOA provisions are limited to halibut, the BSAI provisions authorize the creation of incentive programs to reduce the bycatch of red king crab, as well as halibut. Vessel Incentive Program Regulations at 50 CFR 679.21(f) implement a vessel incentive program (VIP) under the authority of the FMPs. The program creates incentives for individual groundfish trawl operators to reduce their incidental catch rates of halibut and red king crab by imposing penalties on operators whose incidental catch rates exceed specified standards. Under the program, the Alaska Regional E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12897-12898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1001]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XG19


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is opening directed fishing for pollock in Statistical 
Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully 
use the A season allowance of the 2008 total allowable catch (TAC) of 
pollock specified for Statistical Area 610 of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2008, 
through 2400 hrs, A.l.t., December 31, 2008. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., March 21, 
2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XG19, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at http://
www.regulations.gov;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Fax: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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.
    The 2008 pollock TAC specified for vessels in Statistical Area 610 
in the GOA is 3,322 metric tons (mt) as established by the 2008 and 
2009 harvest specifications for groundfish of

[[Page 12898]]

the GOA (73 FR 10562, February 27, 2008).
    NMFS closed the directed fishery for pollock in Statistical Area 
610 of the GOA under Sec.  679.20(d)(1)(iii) on January 22, 2008 (73 FR 
4493, January 25, 2008). The fishery reopened on March 3, 2008 for 24 
hours (73 FR 12031, March 6, 2008).
    As of March 4, 2008, NMFS has determined that approximately 3,050 
mt of pollock remain in the directed fishing allowance in Statistical 
Area 610 of the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 
the A season allowance of the 2008 TAC of pollock in Statistical Area 
610, NMFS is terminating the previous closure and is reopening directed 
fishing for pollock in Statistical Area 610 of the GOA, effective 1200 
hrs, A.l.t., March 7, 2008.

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) and 50 CFR 679.25(c)(1)(ii) 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 opening of pollock in Statistical 
Area 610 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 March 4, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for pollock in Statistical Area 610 of the GOA to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec.  679.25(c)(2), interested persons are invited to submit written 
comments on this action to the above address until March 21, 2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: March 6, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1001 Filed 3-6-08; 2:55 pm]
BILLING CODE 3510-22-S