Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska, 57011-57012 [E8-23113]
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
water until they are retrieved from the
water.
A survey of Mississippi waters found
no significant remaining issues
stemming from storm-related debris in
the shrimp fishery. Therefore, the
MDMR request for an exemption was
not granted.
ebenthall on PROD1PC60 with RULES
Continued Use of TEDs
NMFS encourages shrimp trawlers in
the affected areas to continue to use
TEDs if possible, even though they are
authorized under this action to use
restricted tow times.
NMFS’ gear experts have provided
several general operational
recommendations to fishermen to
maximize the debris exclusion ability of
TEDs that may allow some fishermen to
continue using TEDs without resorting
to restricted tow times. To exclude
debris, NMFS recommends the use of
hard TEDs made of either solid rod or
of hollow pipe that incorporate a bent
angle at the escape opening, in a
bottom-opening configuration. In
addition, the installation angle of a hard
TED in the trawl extension is an
important performance element in
excluding debris from the trawl. High
installation angles can trap debris either
on or in front of the bars of the TED;
NMFS recommends an installation
angle of 45 , relative to the normal
horizontal flow of water through the
trawl, to optimize the TED’s ability to
exclude turtles and debris. Furthermore,
the use of accelerator funnels, which are
allowable modifications to hard TEDs, is
not recommended in areas with heavy
amounts of debris or vegetation. Lastly,
the webbing flap that is usually
installed to cover the turtle escape
opening may be modified to help
exclude debris quickly: the webbing flap
can either be cut horizontally to shorten
it so that it does not overlap the frame
of the TED or be slit in a fore-and-aft
direction to facilitate the exclusion of
debris. The use of the double cover flap
TED will also aid in debris exclusion.
All of these recommendations
represent legal configurations of TEDs
for shrimpers fishing in the affected
areas. This action does not authorize
any other departure from the TED
requirements, including any illegal
modifications to TEDs. In particular, if
TEDs are installed in trawl nets, they
may not be sewn shut.
Alternative to Required Use of TEDs
The authorization provided by this
temporary rule applies to all shrimp
trawlers that would otherwise be
required to use TEDs in accordance with
the requirements of 50 CFR
223.206(d)(2) who are operating in
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hurricane-affected state and Federal
waters off Louisiana (from the
Mississippi/Louisiana boundary to the
Texas/Louisiana boundary), extending
offshore 20 nautical miles, for a period
of 30 days. Through this temporary rule,
shrimp trawlers may choose either
restricted tow times or TEDs to comply
with the sea turtle conservation
regulations, as prescribed above.
Alternative to Required Use of TEDs;
Termination
The AA, at any time, may withdraw
or modify this temporary authorization
to use tow time restrictions in lieu of
TEDs through publication of a notice in
the Federal Register, if necessary to
ensure adequate protection of
endangered and threatened sea turtles.
Under this procedure, the AA may
modify the affected area or impose any
necessary additional or more stringent
measures, including more restrictive
tow times, synchronized tow times, or
withdrawal of the authorization if the
AA determines that the alternative
authorized by this rule is not
sufficiently protecting turtles or no
longer needed. The AA may also
terminate this authorization if
information from enforcement, state
authorities, or NMFS indicates
compliance cannot be monitored
effectively. This authorization will
expire automatically on October 27,
2008, unless it is explicitly extended
through another notification published
in the Federal Register.
57011
while providing effective protection for
sea turtles.
Many shrimp fishermen in Louisiana
may be unable to operate under the
special environmental conditions
created by Hurricanes Gustav and Ike
without an alternative to the use of
TEDs. Therefore, The AA finds that
there is good cause to waive the 30–day
delay in effective date pursuant to 5
U.S.C. 553(d)(3) to provide alternatives
to comply with the sea turtle regulations
in a timely manner. For the reasons
above, the AA finds that this temporary
rule should not be subject to a 30–day
delay in effective date, pursuant to 5
U.S.C. 553(d)(1).
Since prior notice and an opportunity
for public comment are not required to
be provided for this action by 5 U.S.C.
553, or by any other law, the analytical
requirements of 5 U.S.C. 601 et seq. are
inapplicable.
The AA prepared an Environmental
Assessment (EA) for this rule. Copies of
the EA are available (see ADDRESSES).
Dated: September 26, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–23117 Filed 9–26–08; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Classification
50 CFR Part 679
This action has been determined to be
not significant for purposes of Executive
Order 12866.
The AA has determined that this
action is necessary to respond to an
environmental situation to allow more
efficient fishing for shrimp, while
providing effective protection for
endangered and threatened sea turtles
pursuant to the ESA and applicable
regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds that there is good cause to waive
prior notice and opportunity to
comment on this temporary rule. The
AA finds that unusually high amounts
of post-hurricane debris are creating
special environmental conditions that
make trawling with TED-equipped nets
impractical. Prior notice and the
opportunity to receive public comment
are impracticable and contrary to the
public interest in this instance because
providing notice and comment would
prevent the agency from providing the
affected industry timely relief from the
effects of Hurricanes Gustav and Ike,
[Docket No. 071106671–8010–02]
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RIN 0648–XK79
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels
Catching Pacific Cod for Processing
by the Inshore Component in the
Central Regulatory Area of 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 Pacific cod by non-American
Fisheries Act (AFA) crab vessels that are
subject to sideboard limits catching
Pacific cod for processing by the inshore
component in the Central Regulatory
Area of the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the 2008 Pacific cod sideboard limit
established for non-AFA crab vessels
catching Pacific cod for processing by
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57012
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
ebenthall on PROD1PC60 with RULES
the inshore component in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 26, 2008,
through 2400 hrs, A.l.t., December 31,
2008.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2008 Pacific cod sideboard limit
established for non-AFA crab vessels
that are subject to sideboard limits
catching Pacific cod for processing by
the inshore component in the Central
Regulatory Area of the GOA is 980
metric tons (mt) for the GOA, as
established by the 2008 and 2009
harvest specifications for groundfish of
the GOA (73 FR 10562, February 27,
2008).
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15:26 Sep 30, 2008
Jkt 217001
In accordance with § 680.22(e)(2)(i),
the Regional Administrator has
determined that the 2008 Pacific cod
sideboard limit established for non-AFA
crab vessels catching Pacific cod for
processing by the inshore component in
the Central Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
sideboard directed fishing allowance of
970 mt, and is setting aside the
remaining 10 mt as bycatch to support
other anticipated groundfish fisheries.
In accordance with § 680.22(e)(3), the
Regional Administrator finds that this
sideboard directed fishing allowance
has been reached. Consequently, NMFS
is prohibiting directed fishing for Pacific
cod by non-AFA crab vessels that are
subject to sideboard limits catching
Pacific cod for processing by the inshore
component in the Central Regulatory
Area 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
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Fmt 4700
Sfmt 4700
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 sideboard directed fishing
closure of Pacific cod for non-AFA crab
vessels that are subject to sideboard
limits catching Pacific cod for
processing by the inshore component in
the Central Regulatory Area 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
25, 2008.
The AA also finds good cause to
waive the 30–day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 680.22
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–23113 Filed 10–1–08; 4:15 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 57011-57012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23113]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XK79
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for
Processing by the Inshore Component in the Central Regulatory Area of
the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard
limits catching Pacific cod for processing by the inshore component in
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2008 Pacific cod sideboard limit
established for non-AFA crab vessels catching Pacific cod for
processing by
[[Page 57012]]
the inshore component in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 26,
2008, through 2400 hrs, A.l.t., December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: 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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The 2008 Pacific cod sideboard limit established for non-AFA crab
vessels that are subject to sideboard limits catching Pacific cod for
processing by the inshore component in the Central Regulatory Area of
the GOA is 980 metric tons (mt) for the GOA, as established by the 2008
and 2009 harvest specifications for groundfish of the GOA (73 FR 10562,
February 27, 2008).
In accordance with Sec. 680.22(e)(2)(i), the Regional
Administrator has determined that the 2008 Pacific cod sideboard limit
established for non-AFA crab vessels catching Pacific cod for
processing by the inshore component in the Central Regulatory Area of
the GOA will soon be reached. Therefore, the Regional Administrator is
establishing a sideboard directed fishing allowance of 970 mt, and is
setting aside the remaining 10 mt as bycatch to support other
anticipated groundfish fisheries. In accordance with Sec.
680.22(e)(3), the Regional Administrator finds that this sideboard
directed fishing allowance has been reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by non-AFA crab vessels
that are subject to sideboard limits catching Pacific cod for
processing by the inshore component in the Central Regulatory Area of
the GOA.
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 sideboard directed fishing closure of Pacific cod for
non-AFA crab vessels that are subject to sideboard limits catching
Pacific cod for processing by the inshore component in the Central
Regulatory Area 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 25, 2008.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 680.22 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-23113 Filed 10-1-08; 4:15 pm]
BILLING CODE 3510-22-S
