Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 19; Correcting Amendment, 54735-54737 [E8-22259]
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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
18-24 inches of exposed rope between
the poles to be used as a working
surface to capture and secure the
flipper. Knot the line at the ends of both
poles to prevent line slippage if they are
not otherwise secured. The remaining
line is used to tether the apparatus to
the boat unless an additional tag line is
used. Two lengths of sunlight resistant
3/4-inch schedule 40 PVC electrical
conduit, fiberglass, aluminum, or
similar material should be used to
construct the apparatus with a
minimum length equal to, or greater
than, 150 percent of the freeboard, or a
minimum of 6 feet (1.83 m), whichever
is greater.
(ii) * * *
(A) Sea turtle bycatch mitigation gear,
as required by paragraphs (c)(5)(i)(A)
through (D) of this section, must be used
to disengage any hooked or entangled
sea turtles that cannot be brought
onboard. Sea turtle bycatch mitigation
gear, as required by paragraphs
(c)(5)(i)(E) through (M) of this section,
must be used to facilitate access, safe
handling, disentanglement, and hook
removal or hook cutting of sea turtles
that can be brought onboard, where
feasible. Sea turtles must be handled,
and bycatch mitigation gear must be
used, in accordance with the careful
release protocols and handling/release
guidelines specified in paragraph (a)(3)
of this section, and in accordance with
the onboard handling and resuscitation
requirements specified in
§ 223.206(d)(1) of this title.
*
*
*
*
*
(C) * * *
(1) Non-boated turtles should be
brought close to the boat and provided
with time to calm down. Then, it must
be determined whether or not the hook
can be removed without causing further
injury. A front flipper or flippers of the
turtle must be secured with an approved
turtle control device from the list
specified in paragraph (c)(2)(v)(D) of
this section. All externally embedded
hooks must be removed, unless hook
removal would result in further injury
to the turtle. No attempt should be made
to remove a hook if it has been
swallowed, or if it is determined that
removal would result in further injury.
If the hook cannot be removed and/or if
the animal is entangled, as much line as
possible must be removed prior to
release, using a line cutter as required
by paragraph (c)(5)(i) of this section. If
the hook can be removed, it must be
removed using a long-handled dehooker
as required by paragraph (c)(5)(i) of this
section. Without causing further injury,
as much gear as possible must be
removed from the turtle prior to its
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16:35 Sep 22, 2008
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release. Refer to the careful release
protocols and handling/release
guidelines required in paragraph (a)(3)
of this section, and the handling and
resuscitation requirements specified in
§ 223.206(d)(1) of this title for additional
information.
*
*
*
*
*
(iii) * * *
(C) * * *
(3) If green-stick gear, as defined at
§ 635.2, is onboard, a vessel may possess
up to 20 J-hooks. J-hooks may be used
only with green-stick gear, and no more
than 10 hooks may be used at one time
with each green-stick gear. J-hooks used
with green-stick gear may be no smaller
than 1.5 inch (38.1 mm) when measured
in a straight line over the longest
distance from the eye to any other part
of the hook. If green-stick gear is
onboard, artificial bait may be
possessed, but used only with
green-stick gear.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) Charter/Headboat. Rod and reel
(including downriggers), bandit gear,
handline, and green-stick gear are
authorized for all recreational and
commercial Atlantic tuna fisheries.
Speargun is authorized for recreational
Atlantic BAYS tuna fisheries only.
(iii) General. Rod and reel (including
downriggers), handline, harpoon, bandit
gear, and green-stick.
*
*
*
*
*
(v) Longline. Longline and green-stick.
*
*
*
*
*
(g) Green-stick gear. Green-stick gear
may only be utilized when fishing from
vessels issued a valid Atlantic Tunas
General, HMS Charter/Headboat, or
Atlantic Tunas Longline category
permit. The gear must be attached to the
vessel, actively trolled with the
mainline at or above the water’s surface,
and may not be deployed with more
than 10 hooks or gangions attached.
■ 6. In § 635.71:
■ a. Paragraph (a)(23) is revised.
■ b. Paragraphs (b)(36) through (40) are
added.
The revision and additions read as
follows:
§ 635.71
Prohibitions.
*
*
*
*
*
(a) * * *
(23) Fail to comply with the
restrictions on use of pelagic longline,
bottom longline, gillnet, buoy gear,
speargun gear, or green-stick gear as
specified in § 635.21(c), (d), (e)(1), (e)(3),
(e)(4), (f), or (g).
*
*
*
*
*
(b) * * *
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54735
(36) Possess J-hooks onboard a vessel
that has pelagic longline gear onboard,
and that has been issued, or is required
to have, a limited access swordfish,
shark, or tuna longline category permit
for use in the Atlantic Ocean, including
the Caribbean Sea and the Gulf of
Mexico, except when green-stick gear is
onboard, as specified at
§ 635.21(c)(2)(v)(A) and (c)(5)(iii)(C)(3).
(37) Use or deploy J-hooks with
pelagic longline gear from a vessel that
has been issued, or is required to have,
a limited access swordfish, shark, or
tuna longline category permit for use in
the Atlantic Ocean, including the
Caribbean Sea and the Gulf of Mexico.
(38) Possess more than 20 J-hooks
onboard a vessel that has been issued,
or is required to have, a limited access
swordfish, shark, or tuna longline
category permit for use in the Atlantic
Ocean, including the Caribbean Sea and
the Gulf of Mexico, when possessing
onboard both pelagic longline gear, as
described at § 635.21(c), and green-stick
gear as defined at § 635.2.
(39) Use or deploy more than 10
hooks at one time on any individual
green-stick gear.
(40) Possess, use, or deploy J-hooks
smaller than 1.5 inch (38.1 mm), when
measured in a straight line over the
longest distance from the eye to any
other part of the hook, when fishing
with or possessing green-stick gear
onboard a vessel that has been issued,
or is required to have, a limited access
swordfish, shark, or tuna longline
category permit for use in the Atlantic
Ocean, including the Caribbean Sea and
the Gulf of Mexico.
*
*
*
*
*
[FR Doc. E8–22261 Filed 9–22–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070817467–81179–04]
RIN 0648–AV90
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Framework Adjustment 19; Correcting
Amendment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS is correcting regulatory
text implementing measures that were
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54736
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
approved as part of Framework
Adjustment 19 (Framework 19) to the
Atlantic Sea Scallop Fishery
Management Plan (FMP), which was
developed by the New England Fishery
Management Council (Council). This
correction specifies the September 1
through October 1 Elephant Trunk Sea
Scallop Access Area (ETAA) seasonal
closure, which was inadvertently
removed from the regulations in the
final rule for Framework 19. This rule
also corrects an incorrect reference to
the Nantucket Lightship Access Area
included in the regulations for the
ETAA, and includes the total allowable
catch (TAC) values.
DATES: Effective September 23, 2008.
ADDRESSES: An environmental
assessment (EA) was prepared for
Framework 19 that describes the action
and other alternatives considered, and
provides a thorough analysis of the
impacts of the measures and
alternatives. Copies of Framework 19,
the EA, and Initial Regulatory
Flexibility Analysis are available upon
request from Paul J. Howard, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Newburyport, MA 01950. The final rule
for Framework 19 includes the Final
Regulatory Flexibility Analysis.
FOR FURTHER INFORMATION CONTACT:
Peter Christopher, Fishery Policy
Analyst, 978–281–9288; fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The final rule for Framework 19 to the
FMP was published on May 29, 2008,
(73 FR 30790). The preamble text
explained that NMFS was maintaining
the September 1 through October 31
ETAA seasonal closure to provide
protection for sea turtles during that
period in the ETAA. However, in the
instructions for amending § 648.59,
which included the seasonal closure,
the Framework 19 final rule stated that
the paragraph that implemented the
closure (§ 648.59(e)(3)) was to be
‘‘removed and reserved.’’ This
instruction was inadvertent and, as a
result, the regulations effective July 1,
2008, did not include the seasonal
closure.
This final rule also corrects a
mistaken reference to the Nantucket
Lightship Access Area that was
included in the ETAA regulations and
provides the TAC specifications for
limited access general category vessels
fishing in the ETAA. The regulations in
§ 648.59(e)(4)(ii), that became effective
on June 1 in the Framework 19 final
rule, included the TACs for general
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16:35 Sep 22, 2008
Jkt 214001
category vessels fishing in the ETAA
prior to the effective date of the LAGC
permit requirements on July 1, 2008, but
omitted the TAC values for LAGC
scallop vessels.
In Framework 19, the Council
recommended elimination of the ETAA
seasonal closure. The proposed rule for
Framework 19 described NMFS’s
disapproval of the elimination of the
ETAA seasonal closure and maintained
the seasonal closure in the proposed
regulations for public comment. The
disapproval of the Council’s
recommendation to eliminate the ETAA
seasonal closure was the subject of
public comments on the Framework 19
proposed rule. NMFS has already
responded to comments in the
Framework 19 final rule. The seasonal
closure has been in effect since the
ETAA opened in 2007. The change of
the reference in § 648.59(e)(4)(ii)(A)
from the Nantucket Lightship Access
Area to the ETAA and the inclusion of
the TAC in that paragraph do not
change the measures included in the
Framework 19 final rule and are for
clarification only. Therefore, the
correction does not change the operating
practices of the fishery.
recently made aware of the
inconsistency between the Framework
19 preamble and the regulations that
became effective on July 1, 2008, and
the closure under this correction began
on September 1, 2008. This closure is
important for the protection of sea
turtles listed under the Endangered
Species Act. Sea turtles are present in
the Mid-Atlantic region, including the
ETAA, from May through November.
The ETAA seasonal closure reduces the
potential for interactions between the
scallop fishery and turtles from
interactions with fishing gear by
prohibiting scallop fishing in the area
during September and October, when
takes have been observed. A delay in the
effectiveness of this reinstatement of the
closure provision will increase the
likelihood of injurious interactions
between turtles and scallop fishing gear.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, no regulatory flexibility analysis is
required and none has been prepared.
Classification
NMFS has determined that this
correcting amendment is necessary for
the conservation and management of the
Atlantic sea scallop fishery and is
consistent with the Magnuson-Stevens
Act and other applicable law.
This final rule corrects regulations
implemented as part of Framework 19,
which was determined to be not
significant for purposes of Executive
Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
Pursuant to 5 U.S.C.553(b)(B) to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment would be contrary to the
public interest. The opportunity for
public comment on the ETAA seasonal
closure was provided through the
proposed rule for Framework 19.
Allowing for public comment would
give the impression that the ETAA
seasonal closure is subject to review and
approval by NMFS, despite NMFS
having already decided to disapprove
the Council’s recommendation to
remove the seasonal closure and leave
the ETAA seasonal closure in place.
This would be contrary to public
interest as it would generate confusion
with respect to the rulemaking process
for Framework 19. The AA further finds
pursuant to 5 U.S.C. 553(d)(3) good
cause to waive the thirty-day delayed
effectiveness period. NMFS was only
Dated: September 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
■
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.59, paragraph (e)(3) is
added and paragraph (e)(4)(ii)(A) is
revised to read as follows:
■
§ 648.59
Sea Scallop Access Areas.
*
*
*
*
*
(e) * * *
(3) Season. A vessel issued a scallop
permit may not fish for, possess, or land
scallops in or from the area known as
the Elephant Trunk Sea Scallop Access
Area, described in paragraph (e)(2) of
this section, from September 1 through
October 31 of each year the Elephant
Turnk Access Area is open to scallop
fishing as a Sea Scallop Access Area,
unless transiting pursuant to paragraph
(f) of this section.
(4) * * *
(ii) LAGC scallop vessels. (A) The
percentage of the Elephant Trunk
Access Area TAC to be allocated to
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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).
*
*
*
*
*
[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.
PO 00000
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Fmt 4700
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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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]]>Agencies
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54735-54737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22259]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070817467-81179-04]
RIN 0648-AV90
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Framework Adjustment 19; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is correcting regulatory text implementing measures that
were
[[Page 54736]]
approved as part of Framework Adjustment 19 (Framework 19) to the
Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed
by the New England Fishery Management Council (Council). This
correction specifies the September 1 through October 1 Elephant Trunk
Sea Scallop Access Area (ETAA) seasonal closure, which was
inadvertently removed from the regulations in the final rule for
Framework 19. This rule also corrects an incorrect reference to the
Nantucket Lightship Access Area included in the regulations for the
ETAA, and includes the total allowable catch (TAC) values.
DATES: Effective September 23, 2008.
ADDRESSES: An environmental assessment (EA) was prepared for Framework
19 that describes the action and other alternatives considered, and
provides a thorough analysis of the impacts of the measures and
alternatives. Copies of Framework 19, the EA, and Initial Regulatory
Flexibility Analysis are available upon request from Paul J. Howard,
Executive Director, New England Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The final rule for Framework 19 includes
the Final Regulatory Flexibility Analysis.
FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy
Analyst, 978-281-9288; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The final rule for Framework 19 to the FMP was published on May 29,
2008, (73 FR 30790). The preamble text explained that NMFS was
maintaining the September 1 through October 31 ETAA seasonal closure to
provide protection for sea turtles during that period in the ETAA.
However, in the instructions for amending Sec. 648.59, which included
the seasonal closure, the Framework 19 final rule stated that the
paragraph that implemented the closure (Sec. 648.59(e)(3)) was to be
``removed and reserved.'' This instruction was inadvertent and, as a
result, the regulations effective July 1, 2008, did not include the
seasonal closure.
This final rule also corrects a mistaken reference to the Nantucket
Lightship Access Area that was included in the ETAA regulations and
provides the TAC specifications for limited access general category
vessels fishing in the ETAA. The regulations in Sec. 648.59(e)(4)(ii),
that became effective on June 1 in the Framework 19 final rule,
included the TACs for general category vessels fishing in the ETAA
prior to the effective date of the LAGC permit requirements on July 1,
2008, but omitted the TAC values for LAGC scallop vessels.
In Framework 19, the Council recommended elimination of the ETAA
seasonal closure. The proposed rule for Framework 19 described NMFS's
disapproval of the elimination of the ETAA seasonal closure and
maintained the seasonal closure in the proposed regulations for public
comment. The disapproval of the Council's recommendation to eliminate
the ETAA seasonal closure was the subject of public comments on the
Framework 19 proposed rule. NMFS has already responded to comments in
the Framework 19 final rule. The seasonal closure has been in effect
since the ETAA opened in 2007. The change of the reference in Sec.
648.59(e)(4)(ii)(A) from the Nantucket Lightship Access Area to the
ETAA and the inclusion of the TAC in that paragraph do not change the
measures included in the Framework 19 final rule and are for
clarification only. Therefore, the correction does not change the
operating practices of the fishery.
Classification
NMFS has determined that this correcting amendment is necessary for
the conservation and management of the Atlantic sea scallop fishery and
is consistent with the Magnuson-Stevens Act and other applicable law.
This final rule corrects regulations implemented as part of
Framework 19, which was determined to be not significant for purposes
of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause Pursuant to 5 U.S.C.553(b)(B) to waive prior notice and an
opportunity for public comment on this action, as notice and comment
would be contrary to the public interest. The opportunity for public
comment on the ETAA seasonal closure was provided through the proposed
rule for Framework 19. Allowing for public comment would give the
impression that the ETAA seasonal closure is subject to review and
approval by NMFS, despite NMFS having already decided to disapprove the
Council's recommendation to remove the seasonal closure and leave the
ETAA seasonal closure in place. This would be contrary to public
interest as it would generate confusion with respect to the rulemaking
process for Framework 19. The AA further finds pursuant to 5 U.S.C.
553(d)(3) good cause to waive the thirty-day delayed effectiveness
period. NMFS was only recently made aware of the inconsistency between
the Framework 19 preamble and the regulations that became effective on
July 1, 2008, and the closure under this correction began on September
1, 2008. This closure is important for the protection of sea turtles
listed under the Endangered Species Act. Sea turtles are present in the
Mid-Atlantic region, including the ETAA, from May through November. The
ETAA seasonal closure reduces the potential for interactions between
the scallop fishery and turtles from interactions with fishing gear by
prohibiting scallop fishing in the area during September and October,
when takes have been observed. A delay in the effectiveness of this
reinstatement of the closure provision will increase the likelihood of
injurious interactions between turtles and scallop fishing gear.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, no regulatory
flexibility analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: September 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 648.59, paragraph (e)(3) is added and paragraph
(e)(4)(ii)(A) is revised to read as follows:
Sec. 648.59 Sea Scallop Access Areas.
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(e) * * *
(3) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Elephant
Trunk Sea Scallop Access Area, described in paragraph (e)(2) of this
section, from September 1 through October 31 of each year the Elephant
Turnk Access Area is open to scallop fishing as a Sea Scallop Access
Area, unless transiting pursuant to paragraph (f) of this section.
(4) * * *
(ii) LAGC scallop vessels. (A) The percentage of the Elephant Trunk
Access Area TAC to be allocated to
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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 Sec. 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
