Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Sablefish Total Allowable Catch in the West Yakutat and Southeast Outside Districts; Correction, 14728-14730 [08-1053]
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14728
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations
interests constitute good cause for
making this rule effective upon
publication pursuant to 5 U.S.C.
553(d)(2).
In consideration of the foregoing, Part
1 of Title 49, Code of Federal
Regulations, is amended as follows:
I
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
Executive Order 12866 (‘‘Regulatory
Planning and Process’’), and the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). There are no costs associated
with this rule.
B. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
does not have a substantial direct effect
on, or sufficient federalism implications
for, the States, nor would it limit the
policymaking discretion of the States.
Therefore, the consultation
requirements of Executive Order 13132
do not apply.
C. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not
significantly or uniquely affect the
communities of the Indian tribal
governments and does not impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
D. Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required for this rule
under the Administrative Procedure Act
(5 U.S.C. 553), the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
E. Paperwork Reduction Act
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
rfrederick on PROD1PC67 with RULES
F. Unfunded Mandates Reform Act
The Department has determined that
the requirements of Title II of the
Unfunded Mandates Reform Act of 1995
do not apply to this rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations (Government
agencies), Organization and functions
(Government agencies).
VerDate Aug<31>2005
15:13 Mar 18, 2008
Jkt 214001
1. The authority citation for part 1
continues to read as follows:
I
Authority: 49 U.S.C. 322; 28 U.S.C. 2672;
31 U.S.C. 3711(a)(2); Pub. L. 101–552, 104
Stat. 2736; Pub. L. 106–159, 113 Stat. 1748;
Pub. L. 107–71, 115 Stat. 597; Pub. L. 107–
295, 116 Stat. 2064; Pub. L. 107–295, 116 Stat
2065; Pub. L. 107–296, 116 Stat. 2135; 41
U.S.C. 414; Pub. L. 108–426, 118 Stat. 2423.
2. Amend § 1.26 by revising paragraph
(a) to read as follows:
I
§ 1.26
Secretarial succession.
(a) The following officials, in the
order indicated, shall act as Secretary of
Transportation, in case of the absence or
disability of the Secretary, until the
absence or disability ceases, or in the
case of a vacancy, until a successor is
appointed. Notwithstanding the
provisions of this section, the President
retains discretion, to the extent
permitted by the law, to depart from this
order in designating an acting Secretary
of Transportation.
(1) Deputy Secretary.
(2) Under Secretary of Transportation
for Policy.
(3) General Counsel.
(4) Assistant Secretary for Budget and
Programs.
(5) Assistant Secretary for
Transportation Policy.
(6) Assistant Secretary for
Governmental Affairs.
(7) Assistant Secretary for Aviation
and International Affairs.
(8) Assistant Secretary for
Administration.
(9) Federal Aviation Administrator.
(10) Federal Aviation Administration
Regional Administrator, Southwest
Region.
(11) Federal Aviation Administration
Regional Administrator, Great Lakes
Region.
*
*
*
*
*
Issued in Washington, DC on March 10,
2008.
Mary E. Peters,
Secretary of Transportation.
[FR Doc. E8–5543 Filed 3–18–08; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106671–8403–03]
RIN 0648–XD67
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2008 Sablefish Total Allowable
Catch in the West Yakutat and
Southeast Outside Districts;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correction to a final rule;
request for comments.
AGENCY:
SUMMARY: NMFS is adjusting the 2008
total allowable catch (TAC) amounts for
sablefish in the West Yakutat and
Southeast Outside Districts. This action
is necessary because NMFS has
determined that these TACs were
incorrectly specified in the Federal
Register on February 27, 2008 (73 FR
10562). This action will ensure the
sablefish TAC does not exceed the
appropriate amount based on the best
available scientific information for
sablefish in the West Yakutat and
Southeast Outside Districts. This action
is consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 14, 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 31, 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–XD67, by
any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://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 https://
www.regulations.gov without change.
E:\FR\FM\19MRR1.SGM
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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations
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:
Mary Furuness, 907–586–7228.
NMFS
manages the groundfish fishery in the
Gulf of Alaska (GOA) according to the
FMP prepared by the North Pacific
Fishery Management Council (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.
SUPPLEMENTARY INFORMATION:
The 2008 sablefish TAC was
incorrectly specified as 1,950 mt in the
West Yakutat and 3,390 mt in the
Southeast Outside Districts of the GOA
in the 2008 and 2009 harvest
specifications for groundfish in the GOA
(73 FR 10562, February 27, 2008). In
November 2007, the Council’s GOA
Plan Team compiled the final 2007
Stock Assessment and Fisheries
Evaluation (SAFE) report for the GOA
groundfish fisheries, dated November
2007. Due to an inadvertent error,
incorrect amounts from the 2007 SAFE
report for West Yakutat and Southeast
Outside sablefish were presented to the
Council, its Statistical and Scientific
Committee, and its Advisory Panel.
These amounts were 1,950 mt for West
Yakutat and 3,390 mt for Southeast
Outside. The correct amount should
have been 2,120 mt for West Yakutat
and 3,220 mt for Southeast Outside and
are found in the 2007 SAFE report for
sablefish. This results in a 170 mt
increase for West Yakutat and a
14729
decrease of 170 mt for Southeast
Outside. The Council adopted the
incorrect amounts and Secretary of
Commerce published the incorrect
amounts in the 2008 and 2009 final
harvest specifications for groundfish in
the GOA (73 FR 10562, February 27,
2008).
In accordance with 50 CFR
679.25(a)(1)(iii) and § 679.25(a)(2)(i)(B),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that, based on the November
2007 SAFE report for this fishery, the
current West Yakutat and Southeast
Outside TACs were incorrectly
specified. Consequently, the Regional
Administrator is adjusting the 2008
West Yakutat TAC to 2,120 mt and the
Southeast Outside TAC to 3,220 mt.
Pursuant to § 679.20(a)(4), Table 3 of
the 2008 and 2009 final harvest
specifications for groundfish in the GOA
(73 FR 10562, February 27, 2008) is
revised for the 2008 sablefish TACs
consistent with this adjustment.
TABLE 3 - FINAL 2008 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE
AND TRAWL GEAR
(values are rounded to the nearest metric ton)
Area/District
TAC
Hook-and-line apportionment
Trawl apportionment
Western
Central
West Yakutat1
Southeast Outside
1,512
4,400
1,853
3,220
378
1,100
267
0
Total
1Represents
1,890
5,500
2,120
3,220
12,730
10,985
1,745
an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District.
The hook–and–line apportionment of
the sablefish TAC is further allocated as
to the sablefish Individual Fishing
Program (IFQ). For illustrative purposes,
this adjustment would change an IFQ
allocation of 10,000 pounds based on
88,472 quota share units in the West
Yakutat District to 11,010 pounds. This
adjustment would change an IFQ
allocation of 10,000 pounds based on
143,562 quota share units in Southeast
Outside District to 9,499 pounds. The
decrease of the Southeast Outside TAC
affects 445 IFQ permits.
rfrederick on PROD1PC67 with RULES
Correction
In rule FR Doc. E8-3531 published on
February 27, 2008 (73 FR 10562) make
the following correction: In Table 3 on
page 10570, correct the ‘‘1,950’’ TAC for
the West Yakutat district to read
‘‘2,120’’ and correct the ‘‘3,390’’ TAC for
the Southeast Outside district to read
‘‘3,220’’.
VerDate Aug<31>2005
15:13 Mar 18, 2008
Jkt 214001
Classification
This action responds to the best
available information on stock
abundance for 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
contrary to the public interest. This
requirement is contrary to the public
interest as it would raise conservation
concerns as the sablefish TAC in the
Southeast Outside District based on the
best scientific information available
would be exceeded.The sablefish IFQ
hook-and-line fishery opened on March
8, 2008. If this inseason adjustment is
not effective immediately, the hook-andline sablefish allocations will be
incorrect. U.S. fishing vessels have
demonstrated the capacity to catch the
TAC allocations in these fisheries. An
IFQ permit holder is allocated a
dedicated and transferable amount of
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fish for the year. Constituents are each
allocated amounts from several pounds
that may be harvested in one fishing
trip, to many thousands of pounds. It is
possible that some IFQ permit holders,
particularly of Southeast Outside
sablefish IFQ, have at this time already
exceeded the amount that a corrected
permit would authorize. Immediate
effectiveness of this inseason
adjustment will allow NMFS to issue
correct IFQ allocations. The immediate
effectiveness of this action is required to
provide consistent management and
conservation of fishery resources based
on the best available scientific
information, and to give the fishing
industry the earliest possible
opportunity to plan its fishing
operations.
Also, it would constrain fishermen in
West Yakutat District from realizing
economic benefits from correct
allocations of IFQ and would allow for
harvests in the Southeast Outside
District that exceed the appropriate
allocations for sablefish.
E:\FR\FM\19MRR1.SGM
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14730
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations
rfrederick on PROD1PC67 with RULES
NMFS was unable to publish a notice
providing time for public comment
because NMFS only became aware from
a member of the industry of the
incorrectly specified TAC as of March 6,
2008, and the IFQ fishery opened March
8, 2008. Additional time for prior public
comment would raise conservation
concerns for the sablefish allocation in
the Southeast Outside District.
VerDate Aug<31>2005
15:13 Mar 18, 2008
Jkt 214001
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.
Under § 679.25(c)(2), interested
persons are invited to submit written
comments on this action to the above
address until March 31, 2008.
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
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.
Dated: March 14, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 08–1053 Filed 3–14–08; 4:27 pm]
BILLING CODE 3510–22–S
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19MRR1
Agencies
[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14728-14730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8403-03]
RIN 0648-XD67
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2008 Sablefish Total Allowable Catch in the West
Yakutat and Southeast Outside Districts; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correction to a final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2008 total allowable catch (TAC) amounts
for sablefish in the West Yakutat and Southeast Outside Districts. This
action is necessary because NMFS has determined that these TACs were
incorrectly specified in the Federal Register on February 27, 2008 (73
FR 10562). This action will ensure the sablefish TAC does not exceed
the appropriate amount based on the best available scientific
information for sablefish in the West Yakutat and Southeast Outside
Districts. This action is consistent with the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 14, 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 31,
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-
XD67, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at https://
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 https://www.regulations.gov without
change.
[[Page 14729]]
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: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Gulf of Alaska (GOA) according to the FMP prepared by the North Pacific
Fishery Management Council (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 sablefish TAC was incorrectly specified as 1,950 mt in the
West Yakutat and 3,390 mt in the Southeast Outside Districts of the GOA
in the 2008 and 2009 harvest specifications for groundfish in the GOA
(73 FR 10562, February 27, 2008). In November 2007, the Council's GOA
Plan Team compiled the final 2007 Stock Assessment and Fisheries
Evaluation (SAFE) report for the GOA groundfish fisheries, dated
November 2007. Due to an inadvertent error, incorrect amounts from the
2007 SAFE report for West Yakutat and Southeast Outside sablefish were
presented to the Council, its Statistical and Scientific Committee, and
its Advisory Panel. These amounts were 1,950 mt for West Yakutat and
3,390 mt for Southeast Outside. The correct amount should have been
2,120 mt for West Yakutat and 3,220 mt for Southeast Outside and are
found in the 2007 SAFE report for sablefish. This results in a 170 mt
increase for West Yakutat and a decrease of 170 mt for Southeast
Outside. The Council adopted the incorrect amounts and Secretary of
Commerce published the incorrect amounts in the 2008 and 2009 final
harvest specifications for groundfish in the GOA (73 FR 10562, February
27, 2008).
In accordance with 50 CFR 679.25(a)(1)(iii) and Sec.
679.25(a)(2)(i)(B), the Administrator, Alaska Region, NMFS (Regional
Administrator), has determined that, based on the November 2007 SAFE
report for this fishery, the current West Yakutat and Southeast Outside
TACs were incorrectly specified. Consequently, the Regional
Administrator is adjusting the 2008 West Yakutat TAC to 2,120 mt and
the Southeast Outside TAC to 3,220 mt.
Pursuant to Sec. 679.20(a)(4), Table 3 of the 2008 and 2009 final
harvest specifications for groundfish in the GOA (73 FR 10562, February
27, 2008) is revised for the 2008 sablefish TACs consistent with this
adjustment.
Table 3 - Final 2008 Sablefish TAC Specifications in the Gulf of Alaska
and Allocations to Hook-and-Line and Trawl Gear
(values are rounded to the nearest metric ton)
------------------------------------------------------------------------
Hook-and-line Trawl
Area/District TAC apportionment apportionment
------------------------------------------------------------------------
Western 1,890 1,512 378
Central 5,500 4,400 1,100
West Yakutat\1\ 2,120 1,853 267
Southeast Outside 3,220 3,220 0
------------------------------------------------------------------------
Total 12,730 10,985 1,745
------------------------------------------------------------------------
\1\Represents an allocation of 5 percent of the combined Eastern
Regulatory Area sablefish TAC to trawl gear in the WYK District.
The hook-and-line apportionment of the sablefish TAC is further
allocated as to the sablefish Individual Fishing Program (IFQ). For
illustrative purposes, this adjustment would change an IFQ allocation
of 10,000 pounds based on 88,472 quota share units in the West Yakutat
District to 11,010 pounds. This adjustment would change an IFQ
allocation of 10,000 pounds based on 143,562 quota share units in
Southeast Outside District to 9,499 pounds. The decrease of the
Southeast Outside TAC affects 445 IFQ permits.
Correction
In rule FR Doc. E8-3531 published on February 27, 2008 (73 FR
10562) make the following correction: In Table 3 on page 10570, correct
the ``1,950'' TAC for the West Yakutat district to read ``2,120'' and
correct the ``3,390'' TAC for the Southeast Outside district to read
``3,220''.
Classification
This action responds to the best available information on stock
abundance for 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 contrary to the
public interest. This requirement is contrary to the public interest as
it would raise conservation concerns as the sablefish TAC in the
Southeast Outside District based on the best scientific information
available would be exceeded.The sablefish IFQ hook-and-line fishery
opened on March 8, 2008. If this inseason adjustment is not effective
immediately, the hook-and-line sablefish allocations will be incorrect.
U.S. fishing vessels have demonstrated the capacity to catch the TAC
allocations in these fisheries. An IFQ permit holder is allocated a
dedicated and transferable amount of fish for the year. Constituents
are each allocated amounts from several pounds that may be harvested in
one fishing trip, to many thousands of pounds. It is possible that some
IFQ permit holders, particularly of Southeast Outside sablefish IFQ,
have at this time already exceeded the amount that a corrected permit
would authorize. Immediate effectiveness of this inseason adjustment
will allow NMFS to issue correct IFQ allocations. The immediate
effectiveness of this action is required to provide consistent
management and conservation of fishery resources based on the best
available scientific information, and to give the fishing industry the
earliest possible opportunity to plan its fishing operations.
Also, it would constrain fishermen in West Yakutat District from
realizing economic benefits from correct allocations of IFQ and would
allow for harvests in the Southeast Outside District that exceed the
appropriate allocations for sablefish.
[[Page 14730]]
NMFS was unable to publish a notice providing time for public
comment because NMFS only became aware from a member of the industry of
the incorrectly specified TAC as of March 6, 2008, and the IFQ fishery
opened March 8, 2008. Additional time for prior public comment would
raise conservation concerns for the sablefish allocation in the
Southeast Outside District.
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.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until March 31,
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 14, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 08-1053 Filed 3-14-08; 4:27 pm]
BILLING CODE 3510-22-S