Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category, 22287-22288 [08-1184]

Download as PDF Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Rules and Regulations reports under part 92 of this title and in accordance with section 2745(f) of the Public Health Service Act, requiring the Secretary to make an annual report to Congress that includes information on the use of these grant funds by States. * * * * * (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: January 17, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: January 17, 2008. Michael O. Leavitt, Secretary. [FR Doc. E8–9066 Filed 4–24–08; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 230 [Docket No. 080414564–8565–01] RIN 0648–AW71 Whaling Provisions; Aboriginal Subsistence Whaling Quotas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification. ebenthall on PRODPC60 with RULES AGENCY: SUMMARY: NMFS announces the aboriginal subsistence whaling quota it has assigned to the Alaska Eskimo Whaling Commission (AEWC) for bowhead whales, and other limitations deriving from regulations adopted at the 59th Annual Meeting of the International Whaling Commission (IWC). For 2008, the quota is 75 bowhead whales struck. This quota and other limitations govern the harvest of bowhead whales by members of the AEWC. DATES: Effective April 25, 2008. ADDRESSES: Office of International Affairs, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Cheri McCarty, (301) 713–9090. SUPPLEMENTARY INFORMATION: Aboriginal subsistence whaling in the United States is governed by the Whaling Convention Act (16 U.S.C. 916 et seq.). Regulations that implement the Act, found at 50 CFR 230.6, require the Secretary of Commerce (Secretary) to publish, at least annually, aboriginal subsistence whaling quotas and any other VerDate Aug<31>2005 14:51 Apr 24, 2008 Jkt 214001 limitations on aboriginal subsistence whaling deriving from regulations of the IWC. At the 59th Annual Meeting of the IWC, the Commission set quotas for aboriginal subsistence use of bowhead whales from the Bering-ChukchiBeaufort Seas stock. The bowhead quota was based on a joint request by the United States and the Russian Federation, accompanied by documentation concerning the needs of two Native groups: Alaska Eskimos and Chukotka Natives in the Russian Far East. This action by the IWC thus authorized aboriginal subsistence whaling by the AEWC for bowhead whales. This aboriginal subsistence harvest is conducted in accordance with a cooperative agreement between NOAA and the AEWC. The IWC set a 5-year block quota of 280 bowhead whales landed. For each of the years 2008 through 2012, the number of bowhead whales struck may not exceed 67, except that any unused portion of a strike quota from any year, including 15 unused strikes from the 2003 through 2007 quota, may be carried forward. No more than 15 strikes may be added to the strike quota for any one year. At the end of the 2007 harvest, there were 15 unused strikes available for carry-forward, so the combined strike quota for 2008 is 82 (67 + 15). This arrangement ensures that the total quota of bowhead whales landed and struck in 2008 will not exceed the quotas set by the IWC. Under an arrangement between the United States and the Russian Federation, the Russian natives may use no more than seven strikes, and the Alaska Eskimos may use no more than 75 strikes. Through its cooperative agreement with the AEWC, NOAA has assigned 75 strikes to the Alaska Eskimos. The AEWC will allocate these strikes among the 11 villages whose cultural and subsistence needs have been documented in past requests for bowhead quotas from the IWC, and will ensure that its hunters use no more than 75 strikes. Other Limitations The IWC regulations, as well as the NOAA regulation at 50 CFR 230.4(c), forbid the taking of calves or any whale accompanied by a calf. NOAA regulations (at 50 CFR 230.4) contain a number of other prohibitions relating to aboriginal subsistence whaling, some of which are summarized here. Only licensed whaling captains or crew under the control of those captains may engage in whaling. They must follow the provisions of the relevant PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 22287 cooperative agreement between NOAA and a Native American whaling organization. The aboriginal hunters must have adequate crew, supplies, and equipment. They may not receive money for participating in the hunt. No person may sell or offer for sale whale products from whales taken in the hunt, except for authentic articles of Native handicrafts. Captains may not continue to whale after the relevant quota is taken, after the season has been closed, or if their licenses have been suspended. They may not engage in whaling in a wasteful manner. Dated: April 21, 2008. James W. Balsiger, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E8–9111 Filed 4–24–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 010319075–1217–02] RIN 0648–XF92 Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; tilefish Parttime permit category closure. AGENCY: SUMMARY: NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the tilefish Part-time permit category for the 2008 fishing year has been harvested. Therefore, commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2008 fishing year (through October 31, 2008) as of April 25, 2008. Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure. DATES: Effective 0001 hrs local time, April 25, 2008, through 2400 hrs local time, October 31, 2008. FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery Policy Analyst, at (978) 281–9204. SUPPLEMENTARY INFORMATION: Regulations governing the tilefish E:\FR\FM\25APR1.SGM 25APR1 22288 Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Rules and Regulations ebenthall on PRODPC60 with RULES fishery are found at 50 CFR part 648. The regulations require annual specification of a TAL for federally permitted tilefish vessels harvesting tilefish from within the Golden Tilefish Management Unit. The Golden Tilefish Management Unit is defined as an area of the Atlantic Ocean from the latitude of the VA and NC border (36°33.36′ N. lat.), extending eastward from the shore to the outer boundary of the exclusive economic zone, and northward to the U.S.-Canada border. After 5 percent of the TAL is deducted to reflect landings by vessels issued an open-access Incidental permit category, and after up to 3 percent of the TAL is set aside for research purposes, should research TAL be set aside, the remaining TAL is distributed among three tilefish limited access permit categories: Full-time tier 1 category (66 percent), Full-time tier 2 category (15 percent), and the Part-time category (19 percent). The TAL for tilefish for the 2008 fishing year was set at 1.995 million lb (905,172 kg) and then adjusted downward by 5 percent to 1,895,250 lb (859,671 kg) to account for incidental catch. There was no research set-aside for the 2008 fishing year. Thus, the Parttime permit category quota for the 2008 fishing year, which is equal to 19 percent of the TAL, was specified at 360,098 lb (163,338 kg). Notification of the 2008 Part-time permit category quota for the 2008 fishing year was sent in a Permit Holder Letter to all tilefish limited access permit holders on October 18, 2007. The Administrator, Northeast Region, NMFS (Regional Administrator) VerDate Aug<31>2005 14:51 Apr 24, 2008 Jkt 214001 monitors the commercial tilefish quota for each fishing year using dealer reports, vessel catch reports, and other available information to determine when the quota for each limited access permit category is projected to have been harvested. NMFS is required to publish notification in the Federal Register notifying commercial vessels and dealer permit holders that, effective upon a specific date, the tilefish TAL for the specific limited access category has been harvested and no commercial quota is available for harvesting tilefish by that category for the remainder of the fishing year, from within the Golden Tilefish Management Unit. The Regional Administrator has determined, based upon dealer reports and other available information, that the 2008 tilefish TAL for the Part-time category has been harvested. Therefore, effective 0001 hr local time, April 25, 2008, further landings of tilefish harvested from within the Golden Tilefish Management Unit by tilefish vessels holding Part-time category Federal fisheries permits are prohibited through October 31, 2008. The 2009 fishing year for commercial tilefish harvest will open on November 1, 2008. Federally permitted dealers are also advised that, effective April 25, 2008, they may not purchase tilefish from Part-time category federally permitted tilefish vessels who land tilefish harvested from within the Golden Tilefish Management Unit for the remainder of the 2008 fishing year (through October 31, 2008). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Classification The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. If implementation of this closure were delayed to solicit prior public comment, the quota for this category would be exceeded, given the rate of harvest of tilefish for vessels in this category. This would conflict with the agency’s legal obligation under section 304(e) of the Magnuson-Stevens Act to prevent overfishing and to rebuild this fishery as soon as possible. Overage of the Parttime category quota that occurs in a given fishing year is subtracted from the quota for this category in the following fishing year. Thus, allowing an overage would have a negative economic impact on owners of vessels permitted in the Part-time category, who did not contribute to the overage this year, and who would fish during the next fishing year. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 22, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1184 Filed 4–22–08; 1:51 pm] BILLING CODE 3510–22–S E:\FR\FM\25APR1.SGM 25APR1

Agencies

[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Rules and Regulations]
[Pages 22287-22288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1184]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XF92


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Part-time Category

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

ACTION: Temporary rule; tilefish Part-time permit category closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the tilefish Part-time 
permit category for the 2008 fishing year has been harvested. 
Therefore, commercial vessels fishing under the Part-time tilefish 
category may not harvest tilefish from within the Golden Tilefish 
Management Unit for the remainder of the 2008 fishing year (through 
October 31, 2008) as of April 25, 2008. Regulations governing the 
tilefish fishery require publication of this notification to advise the 
public of this closure.

DATES: Effective 0001 hrs local time, April 25, 2008, through 2400 hrs 
local time, October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery 
Policy Analyst, at (978) 281-9204.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish

[[Page 22288]]

fishery are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the Golden Tilefish Management Unit. 
The Golden Tilefish Management Unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive economic zone, and northward to the U.S.-Canada border. 
After 5 percent of the TAL is deducted to reflect landings by vessels 
issued an open-access Incidental permit category, and after up to 3 
percent of the TAL is set aside for research purposes, should research 
TAL be set aside, the remaining TAL is distributed among three tilefish 
limited access permit categories: Full-time tier 1 category (66 
percent), Full-time tier 2 category (15 percent), and the Part-time 
category (19 percent).
    The TAL for tilefish for the 2008 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2008 fishing year. Thus, the Part-time 
permit category quota for the 2008 fishing year, which is equal to 19 
percent of the TAL, was specified at 360,098 lb (163,338 kg). 
Notification of the 2008 Part-time permit category quota for the 2008 
fishing year was sent in a Permit Holder Letter to all tilefish limited 
access permit holders on October 18, 2007.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the 
tilefish TAL for the specific limited access category has been 
harvested and no commercial quota is available for harvesting tilefish 
by that category for the remainder of the fishing year, from within the 
Golden Tilefish Management Unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2008 tilefish TAL for 
the Part-time category has been harvested. Therefore, effective 0001 hr 
local time, April 25, 2008, further landings of tilefish harvested from 
within the Golden Tilefish Management Unit by tilefish vessels holding 
Part-time category Federal fisheries permits are prohibited through 
October 31, 2008. The 2009 fishing year for commercial tilefish harvest 
will open on November 1, 2008. Federally permitted dealers are also 
advised that, effective April 25, 2008, they may not purchase tilefish 
from Part-time category federally permitted tilefish vessels who land 
tilefish harvested from within the Golden Tilefish Management Unit for 
the remainder of the 2008 fishing year (through October 31, 2008).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. If implementation of this closure were delayed to 
solicit prior public comment, the quota for this category would be 
exceeded, given the rate of harvest of tilefish for vessels in this 
category. This would conflict with the agency's legal obligation under 
section 304(e) of the Magnuson-Stevens Act to prevent overfishing and 
to rebuild this fishery as soon as possible. Overage of the Part-time 
category quota that occurs in a given fishing year is subtracted from 
the quota for this category in the following fishing year. Thus, 
allowing an overage would have a negative economic impact on owners of 
vessels permitted in the Part-time category, who did not contribute to 
the overage this year, and who would fish during the next fishing year. 
The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to 
waive the 30-day delayed effectiveness period for the reasons stated 
above.
    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: April 22, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1184 Filed 4-22-08; 1:51 pm]
BILLING CODE 3510-22-S

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