Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources; Correction, 30319-30320 [E8-11780]
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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
jlentini on PROD1PC65 with RULES
30320
Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations
IPQ that could be issued in the BBR and
BSS QS fisheries. That section, which
the Secretary is required to approve and
implement, states that ‘‘[t]he amount of
IPQ in any year shall not exceed the
percentage of the TAC [total allowable
catch] for crab as follows: For opilio
[BSS crab QS fishery], IPQ percentage
times a TAC (after CDQ [community
development quota] allocations) of 175
million pounds. For Bristol Bay red king
crab [BBR crab QS fishery], IPQ
percentage times a TAC (after CDQ
allocations) of 20 million pounds.’’ The
‘‘IPQ percentage’’ referred to in section
3.4 is described in section 2.4.1 of
Amendment 18 as follows: ‘‘90 [percent]
of GHL (or TAC) would be issued as
IPQs - the remaining 10 [percent] would
be considered open delivery.’’
Therefore, to determine the maximum
amount of IPQ that can be issued in the
BBR crab QS fishery according to the
procedure established in section 3.4 of
Amendment 18, 90 percent is
multiplied by 20,000,000 pounds to
yield 18,000,000 pounds. Similarly, to
determine the maximum amount of IPQ
that can be issued in the BSS crab QS
fishery according to the procedure
established in section 3.4 of
Amendment 18, 90 percent is
multiplied by 175,000,000 pounds to
yield 157,500,000 pounds.
This calculation is explicitly
described and calculated in section
3.6.2.3 of the Regulatory Impact Review
that was prepared for the Program. For
the BSS crab QS fishery, the option
adopted by the Council in Amendment
18 to the FMP and approved by the
Secretary limits IPQs to 157.5 million
pounds, or 90 percent of 175 million
pounds (the percentage of the TAC for
which IPQs are issued times 175 million
pounds). In the BBR crab QS fishery, the
option adopted by the Council in
Amendment 18 to the FMP and
approved by the Secretary limits IPQs to
18 million pounds, or 90 percent of 20
million pounds.
However, the March 2, 2005 final rule
implemented regulations at
§ 680.40(j)(3) that incorrectly specified
the maximum amount of IPQ that would
be issued in the BBR and BSS crab QS
fisheries as follows: ‘‘The amount of IPQ
issued in any crab fishing year shall not
exceed: (i) 175,000,000 raw crab pounds
(79,378.6 mt) in the BSS crab QS
fishery; and (ii) 20,000,000 raw crab
pounds (9,071.8 mt) in the BBR crab QS
fishery.’’ These regulations are
inconsistent with the statutory
requirement to implement the Council’s
motion by regulation. NMFS is
VerDate Aug<31>2005
16:07 May 23, 2008
Jkt 214001
modifying regulations at § 680.40(j)(3) to
clarify that the amount of IPQ issued in
any crab fishing year shall not exceed
157,500,000 raw crab pounds (71,441.5
mt) in the BSS crab QS fishery, and
18,000,000 raw crab pounds (8,164.7
mt) in the BBR crab QS fishery. This
change is necessary to correctly
implement the Council’s motion as
required by section 313(j)(1) of the
Magnuson-Stevens Act.
Classification
The Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that this final rule is
necessary for the conservation and
management of the BSAI crab fisheries.
The Regional Administrator also has
determined that this final rule is
consistent with the Magnuson-Stevens
Act and other applicable laws. This
final rule has been determined to be not
significant for the purposes of Executive
Order 12866. Because prior notice and
opportunity for public comment are not
required for this rule by 5 U.S.C. 553,
or any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
inapplicable.
Through this action, NMFS seeks to
ensure that the regulations
implementing the Program conform to
the statutory requirements and intent of
the Program and to provide clarification
regarding the Program’s regulatory
requirements. Pursuant to 5 U.S.C.
553(b)(B), the NOAA Assistant
Administrator for Fisheries finds good
cause to waive prior notice and an
opportunity for public comment on this
action, as notice and comment would be
impracticable, unnecessary, and
contrary to the public interest for the
following reasons. First, the Program’s
statutory requirements concerning the
maximum amount of IPQ that can be
issued by NMFS in the BBR and BSS
crab QS fisheries are non-discretionary.
Section 3.4 of Amendment 18 to the
FMP, which the Secretary is required to
implement under section 313(j)(1) of the
Magnuson-Stevens Act, limited the
maximum amount of IPQ that could be
issued in the BBR and BSS QS fisheries.
NMFS has no discretion with respect to
the terms of the calculations. As such,
prior notice and an opportunity for
public comment are unnecessary as the
agency has no choice but to implement
regulations that are consistent with the
statute. Second, corrections and
clarifications to ensure the rule’s
compliance with the intent of the
Program must be made immediately in
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
order to provide the regulated
community with adequate and accurate
information to establish the appropriate
amount of IPQ to be issued for the
upcoming crab fishing year. Harvesters
and processors must apply to receive
IFQ and IPQ, respectively, by August 1
for the upcoming crab fishing year. In
order to allow the public to effectively
plan and determine whether they will
apply for IFQ or IPQ and to have a
reasonable expectation about what the
total amount of IPQ may be in the BBR
and BSS crab QS fisheries, this
regulation will need to be effective
before that date. Prior notice and an
opportunity for public comment on
these measures are impracticable and
contrary to the public interest because
the time necessary to provide such
procedures would lead to the realization
of the very harm sought to be avoided
by this rule. In contrast, waiving those
procedures does not affect the regulated
public in ways not previously analyzed
and discussed in the Environmental
Impact Statement and Regulatory
Impact Review prepared for the
Program.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries.
Dated: May 21, 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 680 is corrected
by making the following correcting
amendments:
I
PART 680—SHELLFISH FISHERIES OF
THE EXCLUSIVE ECONOMIC ZONE
OFF ALASKA
1. The authority citation for 50 CFR
part 680 continues to read as follows:
I
Authority: 16 U.S.C. 1862; Pub. L. 108–
199; Pub. L. 109–241; Pub. L. 109–479.
§ 680.40
[Corrected]
2. Correct § 680.40 as follows:
a. In paragraph (j)(3)(i), remove the
phrase ‘‘175,000,000 raw crab pounds
(79,378.6 mt)’’ and add in its place the
phrase ‘‘157,500,000 raw crab pounds
(71,441.5 mt)’’; and
b. In paragraph (j)(3)(ii), remove the
phrase ‘‘20,000,000 raw crab pounds
(9,071.8 mt)’’ and add in its place the
phrase ‘‘18,000,000 raw crab pounds
(8,164.7 mt)’’.
I
[FR Doc. E8–11780 Filed 5–23–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\27MYR1.SGM
27MYR1
]]>Agencies
[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Rules and Regulations]
[Pages 30319-30320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11780]
-----------------------------------------------------------------------
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
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
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 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
[[Page 30320]]
IPQ that could be issued in the BBR and BSS QS fisheries. That section,
which the Secretary is required to approve and implement, states that
``[t]he amount of IPQ in any year shall not exceed the percentage of
the TAC [total allowable catch] for crab as follows: For opilio [BSS
crab QS fishery], IPQ percentage times a TAC (after CDQ [community
development quota] allocations) of 175 million pounds. For Bristol Bay
red king crab [BBR crab QS fishery], IPQ percentage times a TAC (after
CDQ allocations) of 20 million pounds.'' The ``IPQ percentage''
referred to in section 3.4 is described in section 2.4.1 of Amendment
18 as follows: ``90 [percent] of GHL (or TAC) would be issued as IPQs -
the remaining 10 [percent] would be considered open delivery.''
Therefore, to determine the maximum amount of IPQ that can be issued in
the BBR crab QS fishery according to the procedure established in
section 3.4 of Amendment 18, 90 percent is multiplied by 20,000,000
pounds to yield 18,000,000 pounds. Similarly, to determine the maximum
amount of IPQ that can be issued in the BSS crab QS fishery according
to the procedure established in section 3.4 of Amendment 18, 90 percent
is multiplied by 175,000,000 pounds to yield 157,500,000 pounds.
This calculation is explicitly described and calculated in section
3.6.2.3 of the Regulatory Impact Review that was prepared for the
Program. For the BSS crab QS fishery, the option adopted by the Council
in Amendment 18 to the FMP and approved by the Secretary limits IPQs to
157.5 million pounds, or 90 percent of 175 million pounds (the
percentage of the TAC for which IPQs are issued times 175 million
pounds). In the BBR crab QS fishery, the option adopted by the Council
in Amendment 18 to the FMP and approved by the Secretary limits IPQs to
18 million pounds, or 90 percent of 20 million pounds.
However, the March 2, 2005 final rule implemented regulations at
Sec. 680.40(j)(3) that incorrectly specified the maximum amount of IPQ
that would be issued in the BBR and BSS crab QS fisheries as follows:
``The amount of IPQ issued in any crab fishing year shall not exceed:
(i) 175,000,000 raw crab pounds (79,378.6 mt) in the BSS crab QS
fishery; and (ii) 20,000,000 raw crab pounds (9,071.8 mt) in the BBR
crab QS fishery.'' These regulations are inconsistent with the
statutory requirement to implement the Council's motion by regulation.
NMFS is modifying regulations at Sec. 680.40(j)(3) to clarify that the
amount of IPQ issued in any crab fishing year shall not exceed
157,500,000 raw crab pounds (71,441.5 mt) in the BSS crab QS fishery,
and 18,000,000 raw crab pounds (8,164.7 mt) in the BBR crab QS fishery.
This change is necessary to correctly implement the Council's motion as
required by section 313(j)(1) of the Magnuson-Stevens Act.
Classification
The Administrator, Alaska Region, NMFS (Regional Administrator),
has determined that this final rule is necessary for the conservation
and management of the BSAI crab fisheries. The Regional Administrator
also has determined that this final rule is consistent with the
Magnuson-Stevens Act and other applicable laws. This final rule has
been determined to be not significant for the purposes of Executive
Order 12866. Because prior notice and opportunity for public comment
are not required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Through this action, NMFS seeks to ensure that the regulations
implementing the Program conform to the statutory requirements and
intent of the Program and to provide clarification regarding the
Program's regulatory requirements. Pursuant to 5 U.S.C. 553(b)(B), the
NOAA Assistant Administrator for Fisheries finds good cause to waive
prior notice and an opportunity for public comment on this action, as
notice and comment would be impracticable, unnecessary, and contrary to
the public interest for the following reasons. First, the Program's
statutory requirements concerning the maximum amount of IPQ that can be
issued by NMFS in the BBR and BSS crab QS fisheries are non-
discretionary. Section 3.4 of Amendment 18 to the FMP, which the
Secretary is required to implement under section 313(j)(1) of the
Magnuson-Stevens Act, limited the maximum amount of IPQ that could be
issued in the BBR and BSS QS fisheries. NMFS has no discretion with
respect to the terms of the calculations. As such, prior notice and an
opportunity for public comment are unnecessary as the agency has no
choice but to implement regulations that are consistent with the
statute. Second, corrections and clarifications to ensure the rule's
compliance with the intent of the Program must be made immediately in
order to provide the regulated community with adequate and accurate
information to establish the appropriate amount of IPQ to be issued for
the upcoming crab fishing year. Harvesters and processors must apply to
receive IFQ and IPQ, respectively, by August 1 for the upcoming crab
fishing year. In order to allow the public to effectively plan and
determine whether they will apply for IFQ or IPQ and to have a
reasonable expectation about what the total amount of IPQ may be in the
BBR and BSS crab QS fisheries, this regulation will need to be
effective before that date. Prior notice and an opportunity for public
comment on these measures are impracticable and contrary to the public
interest because the time necessary to provide such procedures would
lead to the realization of the very harm sought to be avoided by this
rule. In contrast, waiving those procedures does not affect the
regulated public in ways not previously analyzed and discussed in the
Environmental Impact Statement and Regulatory Impact Review prepared
for the Program.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries.
Dated: May 21, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 680 is corrected
by making the following correcting amendments:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
0
1. The authority citation for 50 CFR part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 108-199; Pub. L. 109-241;
Pub. L. 109-479.
Sec. 680.40 [Corrected]
0
2. Correct Sec. 680.40 as follows:
a. In paragraph (j)(3)(i), remove the phrase ``175,000,000 raw crab
pounds (79,378.6 mt)'' and add in its place the phrase ``157,500,000
raw crab pounds (71,441.5 mt)''; and
b. In paragraph (j)(3)(ii), remove the phrase ``20,000,000 raw crab
pounds (9,071.8 mt)'' and add in its place the phrase ``18,000,000 raw
crab pounds (8,164.7 mt)''.
[FR Doc. E8-11780 Filed 5-23-08; 8:45 am]
BILLING CODE 3510-22-S
