Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 50885-50887 [E8-20181]
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
usefulness.’’ 56 FR at 28249. FRA
intended that the listing be updated
whenever it does not accurately identify
the person(s) certified and qualified
(i.e., when the listing’s usefulness is
diminished). Ideally, the listing should
be updated each time a person is newly
certified and qualified, and each time a
person is no longer considered certified
or qualified.
With regard to updating the listing of
foreign locomotive engineers in joint
operation territories, it should be noted
that FRA considers it more important to
remove the name of any foreign
engineer who is no longer considered
certified or qualified for joint operations
territory then to fail to add a person who
has recently become certified and
qualified. When a controlling railroad
questions a foreign engineer’s
certification or qualifications and the
engineer’s name is not found on the list,
the controlling railroad would be
expected to immediately contact the
foreign railroad in order to confirm the
person’s status before allowing the
foreign engineer to proceed into the
joint operations territory. Alternatively,
if a controlling railroad were to question
a foreign engineer’s certification or
qualifications and the engineer’s name
is found on the list, the controlling
railroad would likely be expected to rely
on the list and would be exercising due
diligence in doing so. If the list is
incorrect and the person’s name should
have been removed, the controlling
railroad cannot be expected to prevent
an unqualified person from operating in
the joint operations territory.
Several major railroads have voiced
concern that because the listing is in
such a constant state of flux, it would
be extremely difficult to maintain an
accurate listing at all times. In the joint
operation context, a major railroad may
face the challenge of coordinating a
listing that includes separate lists
submitted by more than 100 foreign
railroads. Although FRA agrees that it
will be challenging for some railroads
that allow extensive joint operations to
maintain an accurate written list, such
railroads may find it easier to comply by
maintaining the listing electronically.
Maintaining the listing electronically
has always been an option pursuant to
§ 240.221(f), but it has not been
extensively utilized. There is no
question that modern technology has
greatly improved since the rule’s
issuance in 1991, and thus the ability
and desire to electronically maintain the
listing should be much greater. For
example, it is possible to maintain a
secure Web site where a controlling
railroad can search a foreign railroad’s
uploaded list of locomotive engineers to
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14:42 Aug 28, 2008
Jkt 214001
check: (1) Whether the person is
certified and qualified for the joint
operations territory; (2) the person’s
class of service; and, (3) the date of the
railroad’s certification decision. Another
option may be for a foreign railroad to
tap into its railroad crew management
tracking system to produce a more
detailed written or electronic list of its
engineers to controlling railroads than
what is currently being made available.
Other electronically maintained options
may be available and FRA encourages
railroads controlling joint operations to
consider options that would improve
the usefulness of the required listing.
Any railroad that would like to maintain
the listing electronically is required to
obtain approval from FRA pursuant to
the requirements in § 240.221(f).
While FRA recognizes that recent
changes in status to any particular
engineer might not be reflected in the
listing immediately, FRA expects the
listing to be updated with enough
regularity so that it retains its
usefulness.
FRA believes that this notice provides
sufficient information to guide parties
that may have been confused by the
requirements of § 240.221. However,
FRA seeks comments on this notice
from interested parties including any
suggestions for providing more clarity, if
necessary. Please refer to the Addresses
section for additional information
regarding the submission of comments.
Issued in Washington DC on August 21,
2008.
Jo Strang,
Associate Administrator for Safety.
[FR Doc. E8–20032 Filed 8–28–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2008–0049]
RIN 2127–AK31
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2009 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2009
Correction
In rule document E8–18890 beginning
on page 47847 in the issue of Friday,
August 15, 2008, make the following
correction:
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50885
Appendix A–I to Part 541 [Corrected]
On page 47849, in Appendix A–I to
Part 541, in the second column of the
table, in the 44th line entry, ‘‘Genesis3’’
should read‘‘Genesis1’’.
[FR Doc. Z8–18890 Filed 8–28–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XJ69
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
SUMMARY: NMFS has determined that
the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT)
retention limit should be adjusted for
the September, October-November, and
December time periods of the 2008
fishing year, based on consideration of
the determination criteria regarding
inseason adjustments.
DATES: The effective dates for the
adjusted BFT daily retention limits are
September 1, 2008, through December
31, 2008.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the Consolidated Highly
Migratory Species Fishery Management
Plan (Consolidated HMS FMP). The
latest (2006) ICCAT recommendation for
western Atlantic BFT included a U.S.
quota of 1,190.12 mt, effective beginning
in 2007, through 2008, and thereafter
until changed (i.e., via a new ICCAT
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
ebenthall on PRODPC60 with RULES
recommendation). It is possible that
additional changes to the daily retention
limit (i.e., for the January 2009 General
category fishery) may be necessary
following ICCAT’s annual meeting in
November 2008.
The 2008 fishing year began on
January 1, 2008, and ends December 31,
2008. NMFS published final
specifications on December 31, 2007 (72
FR 74193) and increased the default
General category retention limit of one
large medium or giant BFT (measuring
73 inches (185 cm) curved fork length
(CFL) or greater) per vessel per day/trip
to three large medium or giant BFT,
measuring 73 inches CFL or greater, per
vessel per day/trip for June 1 through
August 31, 2008. Regardless of the
duration of a fishing trip, no more than
the daily retention limit may be on
board a vessel. In addition, NMFS stated
that it would consider adjustment of
retention limits for future time periods,
if warranted. In 2007, NMFS followed a
similar course of action and raised
General category retention limits via
inseason actions to allow for a
continuous three BFT retention limit,
including for the January 2008 time
period (72 FR 50257, August 31, 2007
and 72 FR 61565, October 31, 2007) .
Adjustment of General Category Daily
Retention Limits
Under 50 CFR 635.23(a)(4), NMFS
may increase or decrease the daily
retention limit of large medium and
giant BFT over a range of zero to a
maximum of three per vessel based on
consideration of the criteria provided
under § 635.27(a)(8), which include: the
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
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14:42 Aug 28, 2008
Jkt 214001
As of August 1, 2008, the coastwide
General category has landed 50.8 metric
tons (mt) out of a possible 740 mt, and
landings rates remain less that 1.0 mt
per day even though the General
category retention limit was increased to
three BFT per vessel per trip, measuring
73 inches (185 cm) CFL or greater for
January and for June through August
2008. Starting on September 1, 2008, the
General category daily retention limit,
located at 50 CFR 635.23(a)(2), is
scheduled to revert back to the default
retention limit of one large medium or
giant BFT (measuring 73 inches (185
cm) CFL) or greater per vessel per day/
trip. This scheduled retention limit
applies to General category permitted
vessels and HMS Charter/Headboat
category permitted vessels (when
fishing commercially for BFT).
Each of the General category time
periods (January, June-August,
September, October-November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
in years when catch rates are high. In
consideration of the rollover of unused
quota from the January and June-August
time periods, current catch rates, and
the daily retention limit reverting to one
large medium or giant BFT per vessel
per day on September 1, 2008, NMFS
anticipates the full 2008 fishing year
General category quota will not be
harvested. Adding an excessive amount
of unused quota from one time-period
subquota to the subsequent time-period
subquota is undesirable because it
effectively changes the time-period
subquota allocation percentages
established in the Consolidated HMS
FMP and may contribute to excessive
carryovers to subsequent fishing years.
NMFS has considered the set of
criteria cited above and their
applicability to the commercial BFT
retention limit for the remainder of the
2008 fishing year. Based on these
considerations, NMFS has determined
that the General category retention
should be adjusted to allow for retention
of the established General category
quota. Therefore, NMFS increases the
General category retention limit from
the default limits effective September 1,
2008, through December 31, 2008. This
adjustment increases the General
category daily retention limit to three
large medium or giant BFT, measuring
73 inches (185 cm) CFL or greater, per
vessel per day/trip. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico, and
applies to those vessel permitted in the
General category as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
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Sfmt 4700
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. landings quota of BFT
while maintaining an equitable
distribution of fishing opportunities, to
help achieve optimum yield in the
General category BFT fishery, to collect
a broad range of data for stock
monitoring purposes, and to be
consistent with the objectives of the
Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention
limit and the duration after examining
an array of data as it pertains to the
determination criteria. These data
included, but were not limited to,
current and previous catch and effort
rates, quota availability, previous public
comments on inseason management
measures, stock status, etc. NMFS will
continue to monitor the BFT fishery
closely through the mandatory dealer
landing reports, which NMFS requires
to be submitted within 24 hours of a
dealer receiving BFT. Depending on the
level of fishing effort and catch rates of
BFT, NMFS may determine that
additional retention limit adjustments
are necessary to ensure available quota
is not exceeded or to enhance scientific
data collection from, and fishing
opportunities in, all geographic areas.
Closures or subsequent adjustments to
the daily retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260, or access
the internet at www.hmspermits.gov, for
updates on quota monitoring and
retention limit adjustments.
Classification
The Assistant Administrator for
NMFS (AA), finds that it is
impracticable and contrary to the public
interest to provide prior notice of, and
an opportunity for public comment on,
this action for the following reasons:
NMFS continues to receive
information refining its understanding
of the commercial sector’s specific
needs regarding retention limits through
the latter portions of the 2008 season.
NMFS assessments and analyses show
catch rates to date have been low and
that there is sufficient quota for an
increase to the General category
retention limit during the months of
September through December 2008.
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
fishery. Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
harvest of BFT that are available on the
fishing grounds. Analysis of available
data shows that the General category
BFT retention limits may be increased
with minimal risks of exceeding the
ICCAT-allocated quota.
Delays in increasing these retention
limits would adversely affect those
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day and may exacerbate the problem of
low catch rates and quota rollovers.
Limited opportunities to harvest the
respective quotas may have negative
social and economic impacts to U.S.
fishermen that either depend upon
catching the available quota within the
time periods designated in the
Consolidated HMS FMP. Adjustment to
the retention limit needs to be effective
September 1, 2008, to minimize any
unnecessary disruption in fishing
patterns and for the impacted sectors to
benefit from the adjustments so as to not
preclude fishing opportunities from
fishermen who only have access to the
fishery during this time period.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
and because this action relieves a
restriction (i.e., current default retention
limit is one fish per vessel/trip but this
action increases that limit and allows
retention of more fish), there is also
good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4) and (b)(3) and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 26, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–20181 Filed 8–28–08; 8:45 am]
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BILLING CODE 3510–22–S
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14:42 Aug 28, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106671–8010–02]
RIN 0648–XK11
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the C season allowance of the 2008 total
allowable catch (TAC) of pollock for
Statistical Area 630 in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 26, 2008, through
1200 hrs, A.l.t., October 1, 2008.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
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 C season allowance of the 2008
TAC of pollock in Statistical Area 630
of the GOA is 4,431 metric tons (mt) as
established by the 2008 and 2009
harvest specifications for groundfish of
the GOA (73 FR 10562, February 27,
2008). In accordance with
§ 679.20(a)(5)(iv)(B) the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby decreases the C
season pollock allowance by 753 mt, the
amount of the B season allowance of the
pollock TAC that was exceeded in
Statistical Area 630. Therefore, the
revised C season allowance of the
pollock TAC in Statistical Area 630 is
3,678 mt (4,431 mt minus 753 mt).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the C season allowance
of the 2008 TAC of pollock in Statistical
Area 630 of the GOA will soon be
reached. Therefore, the Regional
SUPPLEMENTARY INFORMATION:
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Fmt 4700
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50887
Administrator is establishing a directed
fishing allowance of 3,518 mt, and is
setting aside the remaining 160 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 pollock in Statistical
Area 630 of the 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.
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 pollock in
Statistical Area 630 of 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 August 25,
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: August 26, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–20156 Filed 8–26–08; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Rules and Regulations]
[Pages 50885-50887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20181]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XJ69
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT) retention limit should be adjusted
for the September, October-November, and December time periods of the
2008 fishing year, based on consideration of the determination criteria
regarding inseason adjustments.
DATES: The effective dates for the adjusted BFT daily retention limits
are September 1, 2008, through December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the Consolidated Highly Migratory Species
Fishery Management Plan (Consolidated HMS FMP). The latest (2006) ICCAT
recommendation for western Atlantic BFT included a U.S. quota of
1,190.12 mt, effective beginning in 2007, through 2008, and thereafter
until changed (i.e., via a new ICCAT
[[Page 50886]]
recommendation). It is possible that additional changes to the daily
retention limit (i.e., for the January 2009 General category fishery)
may be necessary following ICCAT's annual meeting in November 2008.
The 2008 fishing year began on January 1, 2008, and ends December
31, 2008. NMFS published final specifications on December 31, 2007 (72
FR 74193) and increased the default General category retention limit of
one large medium or giant BFT (measuring 73 inches (185 cm) curved fork
length (CFL) or greater) per vessel per day/trip to three large medium
or giant BFT, measuring 73 inches CFL or greater, per vessel per day/
trip for June 1 through August 31, 2008. Regardless of the duration of
a fishing trip, no more than the daily retention limit may be on board
a vessel. In addition, NMFS stated that it would consider adjustment of
retention limits for future time periods, if warranted. In 2007, NMFS
followed a similar course of action and raised General category
retention limits via inseason actions to allow for a continuous three
BFT retention limit, including for the January 2008 time period (72 FR
50257, August 31, 2007 and 72 FR 61565, October 31, 2007) .
Adjustment of General Category Daily Retention Limits
Under 50 CFR 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of three per vessel based on consideration of the criteria
provided under Sec. 635.27(a)(8), which include: the usefulness of
information obtained from catches in the particular category for
biological sampling and monitoring of the status of the stock; the
catches of the particular category quota to date and the likelihood of
closure of that segment of the fishery if no adjustment is made; the
projected ability of the vessels fishing under the particular category
quota to harvest the additional amount of BFT before the end of the
fishing year; the estimated amounts by which quotas for other gear
categories of the fishery might be exceeded; effects of the adjustment
on BFT rebuilding and overfishing; effects of the adjustment on
accomplishing the objectives of the fishery management plan; variations
in seasonal distribution, abundance, or migration patterns of BFT;
effects of catch rates in one area precluding vessels in another area
from having a reasonable opportunity to harvest a portion of the
category's quota; and a review of dealer reports, daily landing trends,
and the availability of the BFT on the fishing grounds.
As of August 1, 2008, the coastwide General category has landed
50.8 metric tons (mt) out of a possible 740 mt, and landings rates
remain less that 1.0 mt per day even though the General category
retention limit was increased to three BFT per vessel per trip,
measuring 73 inches (185 cm) CFL or greater for January and for June
through August 2008. Starting on September 1, 2008, the General
category daily retention limit, located at 50 CFR 635.23(a)(2), is
scheduled to revert back to the default retention limit of one large
medium or giant BFT (measuring 73 inches (185 cm) CFL) or greater per
vessel per day/trip. This scheduled retention limit applies to General
category permitted vessels and HMS Charter/Headboat category permitted
vessels (when fishing commercially for BFT).
Each of the General category time periods (January, June-August,
September, October-November, and December) is allocated a portion of
the annual General category quota, thereby ensuring extended fishing
opportunities in years when catch rates are high. In consideration of
the rollover of unused quota from the January and June-August time
periods, current catch rates, and the daily retention limit reverting
to one large medium or giant BFT per vessel per day on September 1,
2008, NMFS anticipates the full 2008 fishing year General category
quota will not be harvested. Adding an excessive amount of unused quota
from one time-period subquota to the subsequent time-period subquota is
undesirable because it effectively changes the time-period subquota
allocation percentages established in the Consolidated HMS FMP and may
contribute to excessive carryovers to subsequent fishing years.
NMFS has considered the set of criteria cited above and their
applicability to the commercial BFT retention limit for the remainder
of the 2008 fishing year. Based on these considerations, NMFS has
determined that the General category retention should be adjusted to
allow for retention of the established General category quota.
Therefore, NMFS increases the General category retention limit from the
default limits effective September 1, 2008, through December 31, 2008.
This adjustment increases the General category daily retention limit to
three large medium or giant BFT, measuring 73 inches (185 cm) CFL or
greater, per vessel per day/trip. This General category retention limit
is effective in all areas, except for the Gulf of Mexico, and applies
to those vessel permitted in the General category as well as to those
HMS Charter/Headboat permitted vessels fishing commercially for BFT.
This adjustment is intended to provide a reasonable opportunity to
harvest the U.S. landings quota of BFT while maintaining an equitable
distribution of fishing opportunities, to help achieve optimum yield in
the General category BFT fishery, to collect a broad range of data for
stock monitoring purposes, and to be consistent with the objectives of
the Consolidated HMS FMP.
Monitoring and Reporting
NMFS selected the daily retention limit and the duration after
examining an array of data as it pertains to the determination
criteria. These data included, but were not limited to, current and
previous catch and effort rates, quota availability, previous public
comments on inseason management measures, stock status, etc. NMFS will
continue to monitor the BFT fishery closely through the mandatory
dealer landing reports, which NMFS requires to be submitted within 24
hours of a dealer receiving BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS may determine that additional
retention limit adjustments are necessary to ensure available quota is
not exceeded or to enhance scientific data collection from, and fishing
opportunities in, all geographic areas.
Closures or subsequent adjustments to the daily retention limits,
if any, will be published in the Federal Register. In addition,
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260, or access the internet at www.hmspermits.gov,
for updates on quota monitoring and retention limit adjustments.
Classification
The Assistant Administrator for NMFS (AA), finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
NMFS continues to receive information refining its understanding of
the commercial sector's specific needs regarding retention limits
through the latter portions of the 2008 season. NMFS assessments and
analyses show catch rates to date have been low and that there is
sufficient quota for an increase to the General category retention
limit during the months of September through December 2008.
The regulations implementing the Consolidated HMS FMP provide for
inseason retention limit adjustments to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT
[[Page 50887]]
fishery. Affording prior notice and opportunity for public comment to
implement these retention limits is impracticable as it would preclude
NMFS from acting promptly to allow harvest of BFT that are available on
the fishing grounds. Analysis of available data shows that the General
category BFT retention limits may be increased with minimal risks of
exceeding the ICCAT-allocated quota.
Delays in increasing these retention limits would adversely affect
those General and Charter/Headboat category vessels that would
otherwise have an opportunity to harvest more than the default
retention limit of one BFT per day and may exacerbate the problem of
low catch rates and quota rollovers. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts to
U.S. fishermen that either depend upon catching the available quota
within the time periods designated in the Consolidated HMS FMP.
Adjustment to the retention limit needs to be effective September 1,
2008, to minimize any unnecessary disruption in fishing patterns and
for the impacted sectors to benefit from the adjustments so as to not
preclude fishing opportunities from fishermen who only have access to
the fishery during this time period.
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity for public comment. For all of
the above reasons, and because this action relieves a restriction
(i.e., current default retention limit is one fish per vessel/trip but
this action increases that limit and allows retention of more fish),
there is also good cause under 5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under 50 CFR 635.23(a)(4) and (b)(3) and
is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: August 26, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-20181 Filed 8-28-08; 8:45 am]
BILLING CODE 3510-22-S
