Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 52797-52798 [E8-21122]

Download as PDF Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations FRFA are contained in the proposed rule published December 31, 2007 (72 FR 74257) and the final rule published May 28, 2008 (73 FR 30504), respectively. The Assistant Administrator for Fisheries, NOAA, finds good cause to waive notice and public procedure on this action because it is contrary to the public interest, as provided by 5 U.S.C. 553(b)(B). This action ensures that regulatory text provides accurate information to the regulated public consistent with a duly issued court order. No alternative exists to compliance with the court order; therefore, opportunity for public comment would have no effect other than to slow the process of making the affected regulations consistent with the court order. The public would be best served by having accurate information in regulatory text immediately. Furthermore, the Assistant Administrator for Fisheries waives the 30-day delayed effectiveness period, as provided by 5 U.S.C. 553(d)(3) for the reasons stated above and because the impacts of this action (primarily the removal of a one-halibut daily bag limit for charter anglers in Area 2C) is already effective based on the court order and this will bring the codified regulations into compliance with currently effective bag limits. These waivers make the rule effective immediately upon filing with the Office of the Federal Register. Because notice and comment is not required, no additional regulatory flexibility analysis is required, and none has been prepared. member’’, and ‘‘Sport fishing guide services’’. I 3. In § 300.65, revise paragraph (d) to read as follows: List of Subjects in 50 CFR Part 300 [FR Doc. E8–21131 Filed 9–8–08; 4:15 pm] RIN 0648–XK38 1. The authority citation for 50 CFR part 300, subpart E, continues to read as follows: I Authority: 16 U.S.C. 773–773k. rmajette on PRODPC74 with RULES * * * * (m) Possess halibut onboard a charter vessel in Area 2C that has been mutilated or otherwise disfigured in a manner that prevents the determination of size or number of fish, notwithstanding the requirements of the Annual Management Measure 25(2) and (7) (as promulgated in accordance with § 300.62 and relating to Sport Fishing for Halibut). Filleted halibut may be possessed onboard the charter vessel provided that the entire carcass, with the head and tail connected as a single piece, is retained onboard until all fillets are offloaded. [Docket No. 071106673–8011–02] PART 300—INTERNATIONAL FISHERIES REGULATIONS [Amended] 2. In § 300.61, remove definitions for ‘‘Area 3A’’, ‘‘Charter vessel angler’’, ‘‘Charter vessel fishing trip’’, ‘‘Charter vessel guide’’, ‘‘Charter vessel operator’’, ‘‘Charter vessel services’’, ‘‘Crew Jkt 214001 Prohibitions. * 50 CFR Part 679 For the reasons set out in the preamble, NMFS amends 50 CFR part 300 as follows: 13:31 Sep 10, 2008 § 300.66 National Oceanic and Atmospheric Administration I VerDate Aug<31>2005 * * * * (d) In Commission Regulatory Area 2C, halibut harvest on a charter vessel is limited to no more than two halibut per person per calendar day provided that at least one of the harvested halibut has a head-on length of no more than 32 inches (81.3 cm). If a person sport fishing on a charter vessel in Area 2C retains only one halibut in a calendar day, that halibut may be of any length. * * * * * I 4. In § 300.66, remove paragraphs (n), (o), and (p), and revise paragraph (m) to read as follows: DEPARTMENT OF COMMERCE Dated: September 8, 2008. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. I * BILLING CODE 3510–22–S Fisheries, Fishing, Reporting and recordkeeping requirements, Treaties. § 300.61 § 300.65 Catch sharing plan and domestic management measures in waters in and off Alaska. Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels greater than or PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 52797 equal to 60 feet (≥ 18.3 meters (m)) length overall (LOA) using hook-andline gear and Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-andline or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2008 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective September 8, 2008, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2008. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet (≥ 18.3 m) LOA using hookand-line gear in the BSAI is 153 metric tons (mt) as established by the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) and reallocation on August 28, 2008 (73 FR 51243, September 2, 2008). The 2008 Pacific cod TAC specified for vessels using jig gear in the BSAI is 684 metric tons (mt) as established by the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) and reallocations on February 28, 2008 (73 FR 11562, March 4, 2008), April 10, 2008 (73 FR 19748, April 11, 2008), and August 19, 2008 (73 FR 49962, August 25, 2008). The Acting Administrator, Alaska Region, NMFS, has determined that catcher vessels greater than or equal to 60 feet (≥ 18.3 m) length LOA using hook-and-line gear will not be able to harvest 153 mt and vessels using jig gear will not be able to harvest 424 mt of the 2008 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS allocates 153 mt of Pacific cod from the catcher vessels greater than or equal to 60 feet (≥ 18.3 m) length LOA using hook-andline gear allocation and 424 mt from the jig gear allocation to catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. E:\FR\FM\11SER1.SGM 11SER1 52798 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) are revised as follows: 5,210 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 0 mt to catcher vessels ≥ 60 feet (18.3 m) LOA using hook-and-line gear, and 260 mt to vessels using jig gear. 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 reallocation of Pacific cod to catcher vessels using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 5, 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. rmajette on PRODPC74 with RULES Dated: September 8, 2008. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–21122 Filed 9–8–08; 4:15 pm] BILLING CODE 3510–22–S VerDate Aug<31>2005 13:31 Sep 10, 2008 Jkt 214001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XK39 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2008 total allowable catch (TAC) of Pacific cod allocated to catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 12, 2008, through 2400 hrs, A.l.t., December 31, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 23, 2008. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648– XK39,’’ by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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. NMFS prohibited directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI under § 679.20(d)(1)(iii) on March 21, 2008 (73 FR 15677, March 25, 2008), reopened the fishery on April 30, 2008 (73 FR 22063, April 24, 2008), and closed the fishery again on May 6, 2008 (73 FR 26339, May 10, 2008). NMFS reallocated 1,200 metric tons (mt) from jig gear on February 26, 2008 (73 FR 11562, March 4, 2008), 400 mt from jig gear on April 11, 2008 (73 FR 19748, April 11, 2008), and 577 mt from jig gear and catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear on September 5, 2008 (73 FR 51243, September 2, 2008). NMFS has determined that as of September 5, 2008, approximately 600 mt of Pacific cod remain in the 2008 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2008 TAC of Pacific cod allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. The opening is effective 1200 hrs, A.l.t., September 12, 2008, through 2400 hrs, A.l.t., December 31, 2008. 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 E:\FR\FM\11SER1.SGM 11SER1

Agencies

[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Rules and Regulations]
[Pages 52797-52798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XK38


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 
meters (m)) length overall (LOA) using hook-and-line gear and Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
allow the 2008 total allowable catch (TAC) of Pacific cod to be 
harvested.

DATES: Effective September 8, 2008, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet ([gteqt] 18.3 m) LOA using hook-and-line gear in 
the BSAI is 153 metric tons (mt) as established by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) and reallocation on August 28, 2008 (73 FR 51243, 
September 2, 2008).
    The 2008 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 684 metric tons (mt) as established by the final 2008 and 
2009 harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) and reallocations on February 28, 2008 (73 FR 11562, 
March 4, 2008), April 10, 2008 (73 FR 19748, April 11, 2008), and 
August 19, 2008 (73 FR 49962, August 25, 2008).
    The Acting Administrator, Alaska Region, NMFS, has determined that 
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m) 
length LOA using hook-and-line gear will not be able to harvest 153 mt 
and vessels using jig gear will not be able to harvest 424 mt of the 
2008 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS allocates 153 mt of Pacific cod from the 
catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 m) 
length LOA using hook-and-line gear allocation and 424 mt from the jig 
gear allocation to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear in the BSAI.

[[Page 52798]]

    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (73 FR 10160, February 26, 
2008) are revised as follows: 5,210 mt to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear, 0 mt to catcher 
vessels [gteqt] 60 feet (18.3 m) LOA using hook-and-line gear, and 260 
mt to vessels using jig gear.

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 reallocation of Pacific cod to catcher vessels using 
hook-and-line or pot gear. Since the fishery is currently open, it is 
important to immediately inform the industry as to the revised 
allocations. Immediate notification is necessary to allow for the 
orderly conduct and efficient operation of this fishery, to allow the 
industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet as well as processors. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of September 5, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 8, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-21122 Filed 9-8-08; 4:15 pm]
BILLING CODE 3510-22-S