Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher Processors in the Bering Sea and Aleutian Islands Management Area, 54737-54738 [E8-22208]
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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
LAGC scallop vessels shall be specified
in this paragraph (e)(4)(ii)(A) through
the framework adjustment process and
shall determine the number of trips
allocated to LAGC scallop vessels as
specified in paragraph (e)(4)(ii)(B) of
this section. LAGC vessels shall be
allocated 1,067,000 lb (484 mt) in
fishing year 2008, which is 5 percent of
the 2008 Elephant Trunk Access Area
TAC. LAGC vessels shall be allocated
785,700 lb (356 mt) in fishing year 2009,
which is 5 percent of the 2009 Elephant
Trunk Access Area TAC. The 2009
general category TAC may be reduced
per § 648.60(a)(3)(i)(E)(2).
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*
*
*
*
[FR Doc. E8–22259 Filed 9–22–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 080326475–8686–02]
RIN 0648–XK61
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:
NMFS is prohibiting directed
fishing for Pacific sardine. This action is
necessary because the directed harvest
allocation total for the third allocation
period (September 15 - December 31) is
projected to be reached. From the date
of closure until the new fishing season
begins on January 1, 2009, Pacific
sardine may only be harvested
incidental to other fisheries, with
incidental harvest constrained by a 20percent by weight incidental catch rate.
Fishing vessels must be in the process
of offloading at the time of closure.
DATES: Effective 12:01 am Pacific
Standard Time September 23, 2008,
through January 1, 2009.
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
jlentini on PROD1PC65 with RULES
SUMMARY:
VerDate Aug<31>2005
16:35 Sep 22, 2008
Jkt 214001
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 setaside of 1,069 mt; September 15December 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 FR 30811, May 29, 2008).
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.
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54737
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
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) for the closure of the
September 15 - December 31 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: September 18, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–22253 Filed 9–22–08; 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–XK62
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher Processors in the Bering Sea
and Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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23SER1
54738
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by pot catcher
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the 2008 Pacific cod
total allowable catch (TAC) allocated to
pot catcher processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 19, 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 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.
The 2008 Pacific cod TAC allocated to
pot catcher processors in the BSAI is
2,274 metric tons (mt) as established by
the 2008 and 2009 final harvest
specifications for groundfish in the
BSAI (73 FR 10160, February 26, 2008).
In accordance with § 679.20(d)(1)(iii),
the Regional Administrator finds that
the 2008 Pacific cod directed fishing
allowance allocated to pot catcher
processors in the BSAI has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by pot catcher processors in 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
delay the closure of Pacific cod by pot
catcher processors in the BSAI. NMFS
was unable to publish a notice
providing time for public comment
VerDate Aug<31>2005
16:35 Sep 22, 2008
Jkt 214001
because the most recent, relevant data
only became available as of September
16, 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: September 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–22208 Filed 9–18–08; 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–XK72
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:
SUMMARY: 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.), September 19, 2008,
through 1200 hrs, A.l.t., October 1,
2008.
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 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.
SUPPLEMENTARY INFORMATION:
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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.
This is the amount of the pollock TAC
that was exceeded in Statistical Area
630 during the B season. 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
Administrator is establishing a directed
fishing allowance of 3,518 mt, and is
setting aside the remaining 160 mt as
incidental catch 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 September
17, 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.
E:\FR\FM\23SER1.SGM
23SER1
]]>Agencies
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54737-54738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XK62
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Pot Catcher Processors 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; closure.
-----------------------------------------------------------------------
[[Page 54738]]
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by pot
catcher processors in the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to prevent exceeding the 2008
Pacific cod total allowable catch (TAC) allocated to pot catcher
processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 19,
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 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.
The 2008 Pacific cod TAC allocated to pot catcher processors in the
BSAI is 2,274 metric tons (mt) as established by the 2008 and 2009
final harvest specifications for groundfish in the BSAI (73 FR 10160,
February 26, 2008).
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that the 2008 Pacific cod directed fishing
allowance allocated to pot catcher processors in the BSAI has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
cod by pot catcher processors in the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 Pacific cod by pot catcher processors in 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 September 16, 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 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-22208 Filed 9-18-08; 4:15 pm]
BILLING CODE 3510-22-S
