Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure, 45883-45884 [E8-18198]

Download as PDF Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations Effective 0001 hours, August 6, 2008, through 2400 hours, December 31, 2008. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist, (978) 281–9244. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.100. The initial total commercial quota for summer flounder for the 2008 calendar year was set equal to 9,462,001 lb (4,292 mt) (72 FR 74197, December 31, 2007). The percent allocated to vessels landing summer flounder in Massachusetts is 6.82046 percent, resulting in a commercial quota of 645,352 lb (293 mt). The 2008 allocation was reduced to 615,218 lb (279 mt) when research setaside and 2007 quota overages were deducted. Section 648.101(b) requires the Administrator, Northeast Region, NMFS (Regional Administrator), to monitor state commercial quotas and to determine when a state’s commercial quota has been harvested. NMFS then publishes a notification in the Federal Register to advise the state and to notify Federal vessel and dealer permit holders that, effective upon a specific date, the state’s commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined, based upon dealer reports and other available information, that Massachusetts has harvested its quota for 2008. The regulations at § 648.4(b) provide that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours, August 6, 2008, further landings of summer flounder in Massachusetts by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2008 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours, August 6, 2008, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts for the remainder of the rmajette on PRODPC74 with RULES DATES: VerDate Aug<31>2005 15:21 Aug 06, 2008 Jkt 214001 calendar year, or until additional quota becomes available through a transfer from another state. Classification 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: July 31, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–18066 Filed 8–1–08; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 080326475–8686–02] RIN 0648–XJ27 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1 - September 14) is projected to be reached. From date of closure until September 15, 2008, Pacific sardine may only be harvested incidental to other fisheries, with incidental harvest constrained by a 20– percent by weight incidental catch rate. DATES: Effective August 8, 2008 through September 14, 2008 FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region, NMFS, (562) 980–4034. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. exclusive economic zone (EEZ) off the Pacific coast (California, Oregon, and Washington) in accordance with the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). Annual specifications published in the Federal Register establish the total harvest guideline (HG) and allowable harvest levels for each Pacific sardine fishing season (January 1 - December 31). The total HG for the 2008 Pacific sardine fishing season (January 1, 2008 December 31, 2008) is 89,093 mt and is PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 45883 divided into a directed harvest fishery of 80,184 mt and an incidental fishery of 8,909 mt. These directed and incidental harvest ammounts are subdivided throughout the year in the following way: January 1–June 30, 26,550 mt is allocated for directed harvest with an incidental set-aside of 4,633 mt; July 1–September 14, 34,568 mt plus any portion not harvested from the initial allocation is allocated for directed harvest with an incidental setaside of 1,069 mt; September 15– December 31, 19,066 mt plus any portion not harvested from earlier allocations is allocated for directed harvest with an incidental set-aside of 3,207 mt (73 CFR 30811). If during any of the seasonal allocation periods the applicable adjusted directed harvest allocation is projected to be taken, only incidental harvest is allowed and, for the remainder of the period, any incidental Pacific sardine landings will be counted against that period’s incidental set aside. The incidental fishery will also be constrained to a 20–percent by weight incidental catch rate when Pacific sardine are landed with other CPS to minimize targeting of Pacific sardine and to maximize landings of harvestable stocks. In the event that an incidental set-aside is projected to be attained, all fisheries will be closed to the retention of Pacific sardine for the remainder of the period via appropriate rulemaking. If the set-aside is not fully attained or is exceeded in a given seasonal period, the directed harvest allocation in the following seasonal period will be automatically adjusted to account for the discrepancy. Under 50 CFR 660.509 if the total HG or these apportionment levels for Pacific sardine are reached at any time, NMFS is required to close the Pacific sardine fishery via appropriate rulemaking and it is to remain closed until it re-opens either per the allocation scheme or the beginning of the next fishing season. In accordance with § 660.509 the Regional Administrator shall publish a notice in the Federal Register the date of the closure of the directed fishery for Pacific sardine. The above in-season harvest restrictions are not intended to affect the prosecution the live bait portion of the Pacific sardine fishery. Classification This action is required by 50 CFR 660.509 and is exempt from Office of Management and Budget review under Executive Order 12866. NMFS finds good cause to waive the requirement to provide prior notice and opportunity for public comment E:\FR\FM\07AUR1.SGM 07AUR1 45884 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations pursuant to the authority set forth at 5 U.S.C. § 553(b)(B) for the closure of the July 1–September 14 directed harvest of Pacific sardine. For the reasons set forth below, notice and comment procedures are impracticable and contrary to the public interest. For the same reasons, NMFS also finds good cause under 5 U.S.C. § 553(d)(3) to waive the 30–day delay in effectiveness for this action. This measure responds to the best available information and is necessary for the conservation and management of the Pacific sardine resource. A delay in effectiveness would cause the fishery to exceed the in-season harvest level. These seasonal harvest levels are important mechanisms in preventing overfishing and managing the fishery at optimum yield. The established directed and incidental harvest allocations are designed to allow fair and equitable opportunity to the resource by all sectors of the Pacific sardine fishery and to allow access to other profitable CPS fisheries, such as squid and Pacific mackerel. Many of the same fishermen who harvest Pacific sardine rely on these other fisheries for a significant portion of their income. Authority: 16 U.S.C. 1801 et seq. Dated: August 1, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–18198 Filed 8–6–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XJ58 Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. rmajette on PRODPC74 with RULES AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Greenland VerDate Aug<31>2005 15:21 Aug 06, 2008 Jkt 214001 turbot total allowable catch (TAC) in the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (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 Greenland turbot TAC in the Bering Sea subarea of the BSAI is 1,563 metric tons (mt) as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) and the allocation from the nonspecified reserves (73 FR 40193, July 14, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the 2008 Greenland turbot TAC in the Bering Sea subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,063 mt, and is setting aside the remaining 500 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the BSAI. After the effective date of this closure the maximum retainable amounts at § 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 delay the closure of Greenland turbot in the Bering Sea subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 31, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 31, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries,National Marine Fisheries Service. [FR Doc. E8–18068 Filed 8–1–08; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XJ64 Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Western Regulatory Area of 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 retention of shortraker rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2008 total allowable catch (TAC) of shortraker rockfish in the Western Regulatory Area of the GOA has been reached. Effective 1200 hrs, Alaska local time (A.l.t.), August 4, 2008, through 2400 hrs, A.l.t., December 31, 2008. 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 MagnusonDATES: E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45883-45884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080326475-8686-02]
RIN 0648-XJ27


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Closure

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

ACTION: Temporary rule; closure

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

SUMMARY: NMFS is prohibiting directed fishing for Pacific sardine. This 
action is necessary because the directed harvest allocation total for 
the second seasonal period (July 1 - September 14) is projected to be 
reached. From date of closure until September 15, 2008, Pacific sardine 
may only be harvested incidental to other fisheries, with incidental 
harvest constrained by a 20-percent by weight incidental catch rate.

DATES: Effective August 8, 2008 through September 14, 2008

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in 
the U.S. exclusive economic zone (EEZ) off the Pacific coast 
(California, Oregon, and Washington) in accordance with the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP). Annual 
specifications published in the Federal Register establish the total 
harvest guideline (HG) and allowable harvest levels for each Pacific 
sardine fishing season (January 1 - December 31). The total HG for the 
2008 Pacific sardine fishing season (January 1, 2008 - December 31, 
2008) is 89,093 mt and is divided into a directed harvest fishery of 
80,184 mt and an incidental fishery of 8,909 mt. These directed and 
incidental harvest ammounts are subdivided throughout the year in the 
following way: January 1-June 30, 26,550 mt is allocated for directed 
harvest with an incidental set-aside of 4,633 mt; July 1-September 14, 
34,568 mt plus any portion not harvested from the initial allocation is 
allocated for directed harvest with an incidental set-aside of 1,069 
mt; September 15-December 31, 19,066 mt plus any portion not harvested 
from earlier allocations is allocated for directed harvest with an 
incidental set-aside of 3,207 mt (73 CFR 30811).
    If during any of the seasonal allocation periods the applicable 
adjusted directed harvest allocation is projected to be taken, only 
incidental harvest is allowed and, for the remainder of the period, any 
incidental Pacific sardine landings will be counted against that 
period's incidental set aside. The incidental fishery will also be 
constrained to a 20-percent by weight incidental catch rate when 
Pacific sardine are landed with other CPS to minimize targeting of 
Pacific sardine and to maximize landings of harvestable stocks. In the 
event that an incidental set-aside is projected to be attained, all 
fisheries will be closed to the retention of Pacific sardine for the 
remainder of the period via appropriate rulemaking. If the set-aside is 
not fully attained or is exceeded in a given seasonal period, the 
directed harvest allocation in the following seasonal period will be 
automatically adjusted to account for the discrepancy.
    Under 50 CFR 660.509 if the total HG or these apportionment levels 
for Pacific sardine are reached at any time, NMFS is required to close 
the Pacific sardine fishery via appropriate rulemaking and it is to 
remain closed until it re-opens either per the allocation scheme or the 
beginning of the next fishing season. In accordance with Sec.  660.509 
the Regional Administrator shall publish a notice in the Federal 
Register the date of the closure of the directed fishery for Pacific 
sardine.
    The above in-season harvest restrictions are not intended to affect 
the prosecution the live bait portion of the Pacific sardine fishery.

Classification

    This action is required by 50 CFR 660.509 and is exempt from Office 
of Management and Budget review under Executive Order 12866.
    NMFS finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment

[[Page 45884]]

pursuant to the authority set forth at 5 U.S.C. Sec.  553(b)(B) for the 
closure of the July 1-September 14 directed harvest of Pacific sardine. 
For the reasons set forth below, notice and comment procedures are 
impracticable and contrary to the public interest. For the same 
reasons, NMFS also finds good cause under 5 U.S.C. Sec.  553(d)(3) to 
waive the 30-day delay in effectiveness for this action. This measure 
responds to the best available information and is necessary for the 
conservation and management of the Pacific sardine resource. A delay in 
effectiveness would cause the fishery to exceed the in-season harvest 
level. These seasonal harvest levels are important mechanisms in 
preventing overfishing and managing the fishery at optimum yield. The 
established directed and incidental harvest allocations are designed to 
allow fair and equitable opportunity to the resource by all sectors of 
the Pacific sardine fishery and to allow access to other profitable CPS 
fisheries, such as squid and Pacific mackerel.
    Many of the same fishermen who harvest Pacific sardine rely on 
these other fisheries for a significant portion of their income.

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

    Dated: August 1, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-18198 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-22-S

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