Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut, 52795-52797 [E8-21131]
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Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations
§ 10.465 Requirements for licenses as
mate (pilot) of towing vessels.
e. Redesignate existing paragraphs (e)
and (f) as paragraphs (f) and (g) and add
new paragraph (e) to read as follows:
I
(a) * * * Time of service
requirements as an apprentice mate
(steersman) of towing vessels may be
52795
reduced by an amount equal to the time
specified in the approval letter for the
completed Coast Guard-approved
training programs.
TABLE 10.465–1—REQUIREMENTS FOR LICENSE AS MATE (PILOT 1) OF TOWING VESSELS
1
2
3
4
5
6
7
Route endorsed
Total
service 2
TOS 3 on T/V as
apprentice mate
(steersman) 5
TOS 3 on
particular
route
TOAR 4 or an
approved
course
30 days of observation and
training while holding
master (limited) and pass
a limited examination
Subordinate
route authorized
30
30
30
12 of 30 .................
12 of 30 .................
12 of 30 .................
3 of 12 .........
3 of 12 .........
3 of 12 .........
YES .............
YES .............
YES .............
YES ....................................
YES ....................................
YES.
NC, GL–I
GL–I
30
12 of 30 .................
3 of 12 .........
YES .............
NO (90-days service required).
(1) OCEANS (O) ................
(2) NEAR-COASTAL (NC)
(3) GREAT LAKES-INLAND
(GL–I).
(5) WESTERN RIVERS
(WR).
1 For all inland routes, as well as Western Rivers, the license as pilot of towing vessels is equivalent to that as mate of towing vessels. All
qualifications and equivalencies are the same.
2 Service is in months unless otherwise indicated.
3 TOS is time of service.
4 TOAR is Towing Officers’ Assessment Record.
5 Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified
in the approval letter for a completed Coast Guard-approved training program.
*
*
*
*
*
(d) * * *
(1) Have a minimum of 30 days of
training and observation on towing
vessels for the route being assessed,
except as noted in paragraph (b) of this
section; and
*
*
*
*
*
(e) If you hold any license as a master
of steam or motor vessels of any tonnage
that is 200 GRT or less, except for the
limited masters’ licenses specified in 46
CFR 10.429 and 10.456, then you may
obtain an endorsement as mate (pilot) of
towing vessels by meeting the following
requirements:
(1) Providing proof of 36 months of
service as a master under the authority
of a license described in paragraph (e)
of this section;
(2) Successfully completing the
appropriate TOAR;
(3) Successfully completing the
appropriate apprentice mate exam; and
(4) Having a minimum of 30 days of
training and observation on towing
vessels for the route being assessed,
except as noted in paragraph (b) of this
section.
*
*
*
*
*
§ 10.480
I
[Amended]
5. Amend § 10.480 as follows:
a. In paragraph (f), remove ‘‘Except as
provided by paragraph (k) of this
section,’’; and
I b. Remove paragraphs (g) and (k), and
redesignate paragraphs (h), (i), and (j) as
(g), (h), and (i), respectively.
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PART 15—MANNING REQUIREMENTS
6. Revise the authority citation for part
15 to read as follows:
I
Authority: 46 U.S.C. 2101, 2103, 3306,
3703, 8101, 8102, 8103, 8104, 8105, 8301,
8304, 8502, 8503, 8701, 8702, 8901, 8902,
8903, 8904, 8905(b), 8906 and 9102; and
Department of Homeland Security Delegation
No. 0170.1.
6. In § 15.815—
I a. In paragraphs (a), (b), and (c),
remove the words ‘‘a valid
endorsement’’ and add, in their place,
the words ‘‘an endorsement’’; and
I b. Add new paragraphs (d) and (e) to
read as follows:
I
§ 15.815
Radar observers.
*
*
*
*
*
(d) Each person who is required to
hold a radar endorsement must have
their certificate of training readily
available to demonstrate that the
endorsement is still valid.
(e) For the purposes of this section,
‘‘readily available’’ means that the
mariner must carry the original
certificate of training or a notarized
copy thereof onboard. Alternatively, the
mariner must provide a copy of the
certificate of training to the requesting
entity within 48 hours. The requested
material may be delivered either
physically, electronically, or by
facsimile.
PO 00000
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Fmt 4700
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Dated: August 27, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security &
Stewardship.
[FR Doc. E8–21118 Filed 9–10–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 0808211134–81140–01]
RIN 0648–AX21
Pacific Halibut Fisheries; Guided Sport
Charter Vessel Fishery for Halibut
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS withdraws regulations
that placed limits on charter vessel
anglers, including a one-halibut daily
bag limit in International Pacific Halibut
Commission Area 2C. The U.S. District
Court for the District of Columbia issued
a Temporary Restraining Order (TRO)
on June 10, 2008 (amended on June 13,
2008), and a Preliminary Injunction (PI)
on June 20, 2008, enjoining and
restraining NMFS from giving any effect
to or otherwise taking any action to
enforce the one-halibut daily bag limit
restriction for charter vessel anglers.
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52796
Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations
The TRO (as amended) and the PI direct
that the daily bag limit should revert to
the two-fish daily bag limit with one
fish no more than 32 inches (81.3 cm)
head-on length that was in place prior
to the one-fish daily bag limit. This
action ensures that regulatory text
provides accurate information to the
regulated public. The intended effect is
to make regulatory requirements
consistent with a duly issued court
order.
DATES: Effective September 8, 2008.
ADDRESSES: Copies of the
Environmental Assessment (EA),
Regulatory Impact Review (RIR), Initial
Regulatory Flexibility Analysis (IRFA),
and Final Regulatory Flexibility
Analysis (FRFA) prepared for the action
withdrawn by this rule and a copy of
the Categorical Exclusion prepared for
this rule may be obtained from NMFS
Alaska Region, P.O. Box 21668, Juneau,
Alaska 99802, Attn: Ellen Sebastian, and
on the NMFS Alaska Region website at
https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Julie
Scheurer or Jay Ginter, (907) 586–7228.
SUPPLEMENTARY INFORMATION: The
International Pacific Halibut
Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus
stenolepis) through regulations
established under the authority of the
Northern Pacific Halibut Act of 1982, 16
U.S.C. 773–773k. (Halibut Act). The
IPHC promulgates regulations governing
the Pacific halibut fishery under the
Convention between Canada and the
United States of America for the
Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering
Sea (Convention), signed in Ottawa,
Ontario, on March 2, 1953, as amended
by a Protocol Amending the
Convention, signed in Washington, DC,
on March 29, 1979. Regulations
developed by the IPHC are subject to
approval by the Secretary of State with
concurrence of the Secretary of
Commerce (Secretary). After approval
by the Secretary of State and
concurrence by the Secretary, the IPHC
regulations are published in the Federal
Register as annual management
measures pursuant to 50 CFR 300.62.
The Halibut Act at section 773c(c)
authorizes the Regional Fishery
Management Council that has the
authority for the geographic area
concerned to develop regulations,
subject to approval by the Secretary.
These regulations are in addition to, and
cannot conflict with, regulations
recommended by the IPHC and
approved by the Secretary of State. The
North Pacific Fishery Management
Council (Council) has the authority for
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13:31 Sep 10, 2008
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the waters off Alaska. The Council has
exercised its authority under the Halibut
Act, most notably in the development of
the Individual Fishing Quota (IFQ)
Program, codified at 50 CFR part 679,
and subsistence halibut fishery
measures, codified at 50 CFR 300.65.
The Halibut Act at sections 773c(a)
and (b) provides the Secretary with the
general responsibility to carry out the
Convention with the authority to, in
consultation with the Secretary of the
department in which the Coast Guard is
operating (currently the Secretary of
Homeland Security), adopt such
regulations as may be necessary to carry
out the purposes and objectives of the
Convention and the Halibut Act.
Actions by NMFS are under delegated
authority of the Secretary.
The Council, at its June 2007 meeting
in Sitka, Alaska, initiated action to
develop regulations to limit charter
vessel angler catch to the guideline
harvest level (GHL) for 2008. The GHL
is an amount determined by taking the
Annual Total Constant Exploitation
Yield for Pacific halibut, which is the
target amount of allowable mortality for
a given area as determined by the IPHC,
and comparing that to various levels in
the table at 50 CFR 300.65(c)(1). After
the appropriate yield is found in the
table, a corresponding GHL amount can
be determined. In June 2007, the GHL
was at 1,432,000 lb (649.5 mt), and
management measures had already been
put into place to limit charter vessel
angler catch. However, forecasts of the
2008 Annual Total Constant
Exploitation Yield indicated that a
potential reduction in that amount
might be sufficient to reduce the Annual
Total Constant Exploitation Yield to a
lower level in the table at 50 CFR
300.65(c)(1), thus resulting in a lower
corresponding GHL. Based on that
information, the Council recommended
that two alternative regulatory options
be proposed, one option (Option A) to
accommodate a GHL that would be the
same as the one in 2007, and one option
(Option B) to accommodate a lower
GHL.
On December 31, 2007, NMFS
published a proposed rule (72 FR
74257) that included the two options as
explained above. The comment period
for that proposed rule ended on January
30, 2008. On February 5, 2008, NMFS
published a notice (73 FR 6709)
pursuant to 50 CFR 300.65(c) indicating
that the 2008 GHL for IPHC Area 2C was
931,000 lb (422.3 mt), based on the 2008
Annual Total Constant Exploitation
Yield and the corresponding GHL in the
table at 50 CFR 300.65(c)(1). The 2008
GHL was lower than the 2007 GHL.
Based on information in the analysis
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
that accompanied the proposed rule,
NMFS published a final rule on May 28,
2008 (73 FR 30504), with management
measures sufficient to limit the charter
vessel angler catch to an amount close
to the 2008 GHL (i.e., Option B, or the
lower GHL scenario in the proposed
rule). These management measures
included a one-halibut daily bag limit
for charter vessel anglers in IPHC Area
2C.
On June 2, 2008, various members of
the charter vessel halibut fishery,
including lodge owners and charter
vessel owners in Southeast Alaska
(Plaintiffs), brought action requesting a
TRO against enforcement of the onehalibut daily bag limit (Van Valin, et al.
v. Gutierrez, Civil Action No. 1:08–cv–
941). On June 10, 2008, the U.S. District
Court for the District of Columbia
determined that the Plaintiffs had met
their burden for the issuance of a TRO
and granted the order (Order to Grant
the Plaintiffs Motion for a Temporary
Restraining Order, issued June 10, 2008,
and Amended Order, issued June 13,
2008). On June 20, 2008, the Court
issued a PI enjoining NMFS from
enforcing its one-halibut daily bag limit.
The Court determined that the Plaintiffs
had met the burden for granting a PI,
including demonstrating a likelihood of
success on the merits of their claims.
Based on the TRO and the PI
invalidating the one-halibut daily bag
limit, and the decreasing level of
effectiveness of any management
measures as the fishing season
approaches its end (the majority of
halibut is caught during June, July, and
August), NMFS has decided to
withdraw its regulations at 50 CFR part
300 that were published on May 28,
2008 (73 FR 30504).
Classification
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule complies with the
Halibut Act and the Secretary’s
authority to implement allocation
measures for the management of the
Pacific halibut fishery.
An Initial Regulatory Flexibility
Analysis (IRFA) and a Final Regulatory
Flexibility Analysis (FRFA) were
prepared for the regulations that are
withdrawn by this final rule. The IRFA
and FRFA described the economic
impact the withdrawn regulations
would have had on directly regulated
small entities compared with the status
quo. The status quo evaluated in those
analyses depicts the economic and
regulatory conditions that will be in
effect when the action is withdrawn.
Summary descriptions of the IRFA and
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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.
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*
*
*
(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
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*
*
*
*
(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
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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.
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]]>Agencies
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Rules and Regulations]
[Pages 52795-52797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21131]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 0808211134-81140-01]
RIN 0648-AX21
Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery
for Halibut
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS withdraws regulations that placed limits on charter
vessel anglers, including a one-halibut daily bag limit in
International Pacific Halibut Commission Area 2C. The U.S. District
Court for the District of Columbia issued a Temporary Restraining Order
(TRO) on June 10, 2008 (amended on June 13, 2008), and a Preliminary
Injunction (PI) on June 20, 2008, enjoining and restraining NMFS from
giving any effect to or otherwise taking any action to enforce the one-
halibut daily bag limit restriction for charter vessel anglers.
[[Page 52796]]
The TRO (as amended) and the PI direct that the daily bag limit should
revert to the two-fish daily bag limit with one fish no more than 32
inches (81.3 cm) head-on length that was in place prior to the one-fish
daily bag limit. This action ensures that regulatory text provides
accurate information to the regulated public. The intended effect is to
make regulatory requirements consistent with a duly issued court order.
DATES: Effective September 8, 2008.
ADDRESSES: Copies of the Environmental Assessment (EA), Regulatory
Impact Review (RIR), Initial Regulatory Flexibility Analysis (IRFA),
and Final Regulatory Flexibility Analysis (FRFA) prepared for the
action withdrawn by this rule and a copy of the Categorical Exclusion
prepared for this rule may be obtained from NMFS Alaska Region, P.O.
Box 21668, Juneau, Alaska 99802, Attn: Ellen Sebastian, and on the NMFS
Alaska Region website at https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Julie Scheurer or Jay Ginter, (907)
586-7228.
SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission
(IPHC) and NMFS manage fishing for Pacific halibut (Hippoglossus
stenolepis) through regulations established under the authority of the
Northern Pacific Halibut Act of 1982, 16 U.S.C. 773-773k. (Halibut
Act). The IPHC promulgates regulations governing the Pacific halibut
fishery under the Convention between Canada and the United States of
America for the Preservation of the Halibut Fishery of the Northern
Pacific Ocean and Bering Sea (Convention), signed in Ottawa, Ontario,
on March 2, 1953, as amended by a Protocol Amending the Convention,
signed in Washington, DC, on March 29, 1979. Regulations developed by
the IPHC are subject to approval by the Secretary of State with
concurrence of the Secretary of Commerce (Secretary). After approval by
the Secretary of State and concurrence by the Secretary, the IPHC
regulations are published in the Federal Register as annual management
measures pursuant to 50 CFR 300.62.
The Halibut Act at section 773c(c) authorizes the Regional Fishery
Management Council that has the authority for the geographic area
concerned to develop regulations, subject to approval by the Secretary.
These regulations are in addition to, and cannot conflict with,
regulations recommended by the IPHC and approved by the Secretary of
State. The North Pacific Fishery Management Council (Council) has the
authority for the waters off Alaska. The Council has exercised its
authority under the Halibut Act, most notably in the development of the
Individual Fishing Quota (IFQ) Program, codified at 50 CFR part 679,
and subsistence halibut fishery measures, codified at 50 CFR 300.65.
The Halibut Act at sections 773c(a) and (b) provides the Secretary
with the general responsibility to carry out the Convention with the
authority to, in consultation with the Secretary of the department in
which the Coast Guard is operating (currently the Secretary of Homeland
Security), adopt such regulations as may be necessary to carry out the
purposes and objectives of the Convention and the Halibut Act. Actions
by NMFS are under delegated authority of the Secretary.
The Council, at its June 2007 meeting in Sitka, Alaska, initiated
action to develop regulations to limit charter vessel angler catch to
the guideline harvest level (GHL) for 2008. The GHL is an amount
determined by taking the Annual Total Constant Exploitation Yield for
Pacific halibut, which is the target amount of allowable mortality for
a given area as determined by the IPHC, and comparing that to various
levels in the table at 50 CFR 300.65(c)(1). After the appropriate yield
is found in the table, a corresponding GHL amount can be determined. In
June 2007, the GHL was at 1,432,000 lb (649.5 mt), and management
measures had already been put into place to limit charter vessel angler
catch. However, forecasts of the 2008 Annual Total Constant
Exploitation Yield indicated that a potential reduction in that amount
might be sufficient to reduce the Annual Total Constant Exploitation
Yield to a lower level in the table at 50 CFR 300.65(c)(1), thus
resulting in a lower corresponding GHL. Based on that information, the
Council recommended that two alternative regulatory options be
proposed, one option (Option A) to accommodate a GHL that would be the
same as the one in 2007, and one option (Option B) to accommodate a
lower GHL.
On December 31, 2007, NMFS published a proposed rule (72 FR 74257)
that included the two options as explained above. The comment period
for that proposed rule ended on January 30, 2008. On February 5, 2008,
NMFS published a notice (73 FR 6709) pursuant to 50 CFR 300.65(c)
indicating that the 2008 GHL for IPHC Area 2C was 931,000 lb (422.3
mt), based on the 2008 Annual Total Constant Exploitation Yield and the
corresponding GHL in the table at 50 CFR 300.65(c)(1). The 2008 GHL was
lower than the 2007 GHL. Based on information in the analysis that
accompanied the proposed rule, NMFS published a final rule on May 28,
2008 (73 FR 30504), with management measures sufficient to limit the
charter vessel angler catch to an amount close to the 2008 GHL (i.e.,
Option B, or the lower GHL scenario in the proposed rule). These
management measures included a one-halibut daily bag limit for charter
vessel anglers in IPHC Area 2C.
On June 2, 2008, various members of the charter vessel halibut
fishery, including lodge owners and charter vessel owners in Southeast
Alaska (Plaintiffs), brought action requesting a TRO against
enforcement of the one-halibut daily bag limit (Van Valin, et al. v.
Gutierrez, Civil Action No. 1:08-cv-941). On June 10, 2008, the U.S.
District Court for the District of Columbia determined that the
Plaintiffs had met their burden for the issuance of a TRO and granted
the order (Order to Grant the Plaintiffs Motion for a Temporary
Restraining Order, issued June 10, 2008, and Amended Order, issued June
13, 2008). On June 20, 2008, the Court issued a PI enjoining NMFS from
enforcing its one-halibut daily bag limit. The Court determined that
the Plaintiffs had met the burden for granting a PI, including
demonstrating a likelihood of success on the merits of their claims.
Based on the TRO and the PI invalidating the one-halibut daily bag
limit, and the decreasing level of effectiveness of any management
measures as the fishing season approaches its end (the majority of
halibut is caught during June, July, and August), NMFS has decided to
withdraw its regulations at 50 CFR part 300 that were published on May
28, 2008 (73 FR 30504).
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule complies with the Halibut Act and the Secretary's
authority to implement allocation measures for the management of the
Pacific halibut fishery.
An Initial Regulatory Flexibility Analysis (IRFA) and a Final
Regulatory Flexibility Analysis (FRFA) were prepared for the
regulations that are withdrawn by this final rule. The IRFA and FRFA
described the economic impact the withdrawn regulations would have had
on directly regulated small entities compared with the status quo. The
status quo evaluated in those analyses depicts the economic and
regulatory conditions that will be in effect when the action is
withdrawn. Summary descriptions of the IRFA and
[[Page 52797]]
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.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: September 8, 2008.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, NMFS amends 50 CFR part 300 as
follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for 50 CFR part 300, subpart E, continues to
read as follows:
Authority: 16 U.S.C. 773-773k.
Sec. 300.61 [Amended]
0
2. In Sec. 300.61, remove definitions for ``Area 3A'', ``Charter
vessel angler'', ``Charter vessel fishing trip'', ``Charter vessel
guide'', ``Charter vessel operator'', ``Charter vessel services'',
``Crew member'', and ``Sport fishing guide services''.
0
3. In Sec. 300.65, revise paragraph (d) to read as follows:
Sec. 300.65 Catch sharing plan and domestic management measures in
waters in and off Alaska.
* * * * *
(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.
* * * * *
0
4. In Sec. 300.66, remove paragraphs (n), (o), and (p), and revise
paragraph (m) to read as follows:
Sec. 300.66 Prohibitions.
* * * * *
(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 Sec. 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.
[FR Doc. E8-21131 Filed 9-8-08; 4:15 pm]
BILLING CODE 3510-22-S
