Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 30318-30319 [08-1297]

Download as PDF 30318 Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations the Office of Information and Regulatory Affairs within OMB. B. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. DHS has certified that there is good cause for this interim final rule to be issued without prior notice and comment. In these circumstances an initial regulatory flexibility analysis is not required. In addition, this rule interprets legislation and is not subject to agency discretion. DHS thus certifies that this rule will not have a significant impact on a substantial number of small entities. DHS will, however, consider comments from small entities concerning the affected HSAR Part(s) in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately in writing to Kathy Strouss, the Office of the Chief Procurement Officer at Kathy.Strouss@dhs.gov and should cite to 5 U.S.C. 601, et seq. (HSAR case 2008–001), in the subject matter line of the correspondence. C. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. D. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 48 CFR Parts 3001, 3002, 3009, and 3013 Government procurement. jlentini on PROD1PC65 with RULES 16:07 May 23, 2008 Jkt 214001 2. Revise section 3001.104(b) to read as follows: I 3001.104 Applicability. * (2) Federal Emergency Management Agency (FEMA); (3) Federal Law Enforcement Training Center (FLETC); (4) Transportation Security Administration (TSA), for acquisitions initiated after June 22, 2008; (5) U.S. Coast Guard (USCG); (6) U.S. Customs and Border Protection (CBP); (7) U.S. Immigration and Customs Enforcement (ICE); and (8) U.S. Secret Service (USSS). * * * * * * * * * (b) The Transportation Security Administration (TSA) exception to this regulation is authorized by the Aviation and Transportation Security Act of 2001 (ATSA) (section 101(a) of Public Law 107–71, as implemented at section 114(o) of title 49) for contracts awarded by TSA pursuant to this ATSA authority. The Consolidated Appropriations Act of 2008, Public Law 110–161, Division E, Title V, section 568 eliminates ATSA section 114(o) effective June 23, 2008. Accordingly, TSA acquisitions initiated after June 22, 2008 are subject to 48 CFR Chapters 1 and 30. * * * * * I 3. Revise section 3001.105–2(a) to read as follows: I 3001.105–2 BILLING CODE 4410–10–P Arrangement of regulations. (a) General. The HSAR, which encompasses both Department-wide and Component-unique guidance, conforms to the arrangement and numbering system prescribed by (FAR) 48 CFR 1.105–2. Guidance that is unique to a Component contains the organization’s acronym or abbreviation directly following the title. The following acronyms apply: DHS Office of Procurement Operations (OPO); Federal Emergency Management Agency (FEMA); Federal Law Enforcement Training Center (FLETC); Transportation Security Administration (TSA); U.S. Coast Guard (USCG); U.S. Customs and Border Protection (CBP); U.S. Immigration and Customs Enforcement (ICE); and U.S. Secret Service (USSS). 4. Amend section 3002.101 by revising the definition for ‘‘Component’’ to read as follows: I For the reasons stated in the preamble, the Department of Homeland Security amends 48 CFR parts 3001, 3002, 3009, and 3013 as follows: I 1. The authority citation for 48 CFR parts 3001, 3002, 3009, and 3013 continues to read as follows: VerDate Aug<31>2005 PART 3001—FEDERAL ACQUISITION REGULATION SYSTEM PART 3002—DEFINITIONS OF WORDS AND TERMS Dated: May 19, 2008. Thomas W. Essig, Chief Procurement Officer, Department of Homeland Security. I Authority: 41 U.S.C. 418b(a) and (b). 3002.101 Definitions. * * * * * Component means the following entities for purposes of this chapter: (1) DHS Office of Procurement Operations (OPO); PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 PART 3009—CONTRACTOR QUALIFICATIONS 5. Remove and reserve section 3009.507 to read as follows: 3009.507 Solicitation provision and contract clause. [Reserved] PART 3013—SIMPLIFIED ACQUISITION PROCEDURES 3013.70 I [Removed and reserved] 6. Remove section 3013.70. [FR Doc. E8–11560 Filed 5–23–08; 8:45 am] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XI13 Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 21, 2008, through 1200 hrs, A.l.t., July 1, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. E:\FR\FM\27MYR1.SGM 27MYR1 Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations 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 second seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA is 100 metric tons as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008), for the period 1200 hrs, A.l.t., April 1, 2008, through 1200 hrs, A.l.t., July 1, 2008. In accordance with § 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the second seasonal apportionment of the 2008 Pacific halibut bycatch allowance specified for the trawl shallow-water species fishery in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the shallow-water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the shallow-water species fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates and ‘‘other species.’’ This inseason adjustment does not apply to fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This inseason adjustment does not apply to vessels fishing under a cooperative quota permit in the cooperative fishery in the Rockfish Pilot Program for the Central 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. jlentini on PROD1PC65 with RULES SUPPLEMENTARY INFORMATION: 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 VerDate Aug<31>2005 16:07 May 23, 2008 Jkt 214001 data in a timely fashion and would delay the closure of the shallow-water species fishery by vessels using trawl gear in 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 May 20, 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 § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 21, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1297 Filed 5–21–08; 1:37 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 680 [Docket No. 080516675–8677–01] RIN 0648–AW88 Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: SUMMARY: NMFS issues this final rule, a correcting amendment to the regulations governing the Bering Sea and Aleutian Islands crab fisheries. This action is necessary to correct a rule that was published on March 2, 2005 (70 FR 10173). This final rule is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. DATES: Effective June 26, 2008. FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907–586–7228. SUPPLEMENTARY INFORMATION: Bering Sea and Aleutian Islands (BSAI) crab fisheries are managed under the PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 30319 authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in accordance with the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (FMP). In January 2004, the U.S. Congress amended section 313(j) of the Magnuson-Stevens Act through the Consolidated Appropriations Act of 2004 (Public Law 108–199, section 801). As amended, section 313(j)(1) requires the Secretary of Commerce to approve and implement by regulation the Crab Rationalization Program (Program), as it was approved by the North Pacific Fishery Management Council (Council) between June 2002 and April 2003, and all trailing amendments, including those reported to Congress on May 6, 2003. In June 2004, the Council consolidated its actions on the Program into one Council motion, which is contained in its entirety in Amendment 18 to the FMP. Additionally, in June 2004, the Council developed Amendment 19 to the FMP, which represents minor changes necessary to implement the Program. The Notice of Availability for these amendments was published in the Federal Register on September 1, 2004 (69 FR 53397). NMFS published a proposed rule to implement Amendments 18 and 19 on October 29, 2004 (69 FR 63200). NMFS approved Amendments 18 and 19 on November 19, 2004. NMFS published a final rule to implement Amendments 18 and 19 on March 2, 2005 (70 FR 10174). Shortly thereafter, NMFS also published a final rule (March 18, 2005; 70 FR 13097) to correct OMB control numbers provided in the March 2, 2005 final rule, and a second final rule (June 8, 2005; 70 FR 33390) to ensure that the March 2, 2005 final rule conforms to the statutory requirements and intent of the Program, to provide clarification regarding the Program’s regulatory requirements, and to correct minor technical errors. Need for Corrections With this correction, NMFS seeks to ensure that the March 2, 2005 final rule conforms to the statutory requirements and intent of the Program. The March 2, 2005 final rule implemented regulations that establish the maximum amount of individual processing quota (IPQ) that may be issued in the Bristol Bay red king crab Paralithodes camtschatica (BBR) quota share (QS) fishery, and the Bering Sea snow crab Chionoecetes opilio (BSS) QS fishery. However, NMFS recently discovered that these regulations are not consistent with the statutory requirements of the Program. Section 3.4 of Amendment 18 to the FMP limited the maximum amount of E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Rules and Regulations]
[Pages 30318-30319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1297]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XI13


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA). This action is necessary because the second 
seasonal apportionment of the 2008 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 21, 2008, 
through 1200 hrs, A.l.t., July 1, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

[[Page 30319]]


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 second seasonal apportionment of the 2008 Pacific halibut 
bycatch allowance specified for the shallow-water species fishery in 
the GOA is 100 metric tons as established by the 2008 and 2009 harvest 
specifications for groundfish of the GOA (73 FR 10562, February 27, 
2008), for the period 1200 hrs, A.l.t., April 1, 2008, through 1200 
hrs, A.l.t., July 1, 2008.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the second seasonal apportionment of 
the 2008 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA has been reached. 
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates and ``other species.'' This inseason 
adjustment does not apply to fishing for pollock by vessels using 
pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock. This inseason adjustment does not apply to vessels 
fishing under a cooperative quota permit in the cooperative fishery in 
the Rockfish Pilot Program for the Central GOA.
    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 the shallow-water species fishery by vessels 
using trawl gear in 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 May 20, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 21, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1297 Filed 5-21-08; 1:37 pm]
BILLING CODE 3510-22-S
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