Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Reopening of the 2008 Deepwater Grouper and Tilefish Commercial Fisheries, 58058-58059 [E8-23582]
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
shall include at least a summary
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hold document shall be issued pending
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hold document may be issued for aliens
who:
(1) Are not in possession of a valid
medical notification, if required;
(2) Have a medical notification which
is incomplete;
(3) Have a medical notification which
is not written in English;
(4) Are suspected to have an
excludable medical condition.
(h) The Secretary of Homeland
Security, after consultation with the
Secretary of State and the Secretary of
Health and Human Services, may in
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Copies of such technical instructions are
available upon request to the Director,
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Quarantine, Mailstop E03, HHS/CDC,
Atlanta GA 30333.
Dated: June 25, 2008.
Michael O. Leavitt,
Secretary, Department of Health and Human
Services.
[FR Doc. E8–23485 Filed 10–3–08; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XK40
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Reopening of the 2008 Deepwater
Grouper and Tilefish Commercial
Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reopening.
AGENCY:
SUMMARY: NMFS reopens the
commercial fishery for deepwater
grouper (misty grouper, snowy grouper,
yellowedge grouper, warsaw grouper,
and speckled hind) and tilefishes in the
exclusive economic zone (EEZ) of the
Gulf of Mexico. NMFS previously
determined that the quotas for these
commercial fisheries would be reached
by May 10, 2008. The latest estimates
for deepwater grouper and tilefish
landings indicate the quotas were not
reached by that date. Consequently,
NMFS will reopen these fisheries for 10
days. The purpose of this action is to
allow the fisheries to maximize harvest
benefits and at the same time protect the
deepwater grouper and tilefish
resources.
The reopening is effective 12:01
a.m., local time, November 1, 2008,
until 12:01 a.m., local time, on
November 11, 2008. The fisheries will
then be closed until 12:01 a.m., local
time, January 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone 727–824–
5305, fax 727–824–5308, e-mail
Susan.Gerhart@noaa.gov.
DATES:
The reef
fish fishery of the Gulf of Mexico is
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
and is implemented under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. Those regulations
set the commercial quota for deepwater
grouper in the Gulf of Mexico at 1.02
million lb (463,636 kg) and for tilefish
in the Gulf of Mexico at 440,000 lb
SUPPLEMENTARY INFORMATION:
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(200,000 kg) for the current fishing year,
January 1 through December 31, 2008.
Under 50 CFR 622.43(a), NMFS is
required to close the commercial fishery
for a species or species group when the
quota for that species or species group
is reached, or is projected to be reached,
by filing a notification to that effect with
the Office of the Federal Register.
NMFS projected the fisheries for
deepwater grouper and tilefishes would
reach their respective quotas on May 10,
2008, and closed the fisheries on that
date (73 FR 24883, May 6, 2008). Based
on current statistics, NMFS has
determined that only 89 percent of the
available commercial quotas for
deepwater grouper and tilefishes were
landed. Based on 2008 daily landings
rates and the pounds remaining on each
quota (approximately 100,000 lb (45,359
kg) for deepwater grouper and 46,000 lb
(20,865 kg) for tilefishes), NMFS has
determined these fisheries can reopen
for 10 days. Accordingly, NMFS is
reopening the commercial deepwater
grouper and tilefish fisheries in the Gulf
of Mexico EEZ from 12:01 a.m., local
time, on November 1, 2008, until 12:01
a.m., local time, on November 11, 2008.
The fisheries will then be closed until
12:01 a.m., local time, on January 1,
2009. November 1 was chosen as the
opening day based on feedback from the
fishing industry and weather concerns.
Many fishers indicated that this was the
most productive time for the reopening.
NMFS also chose to wait until after the
peak of hurricane season to promote
safety at sea, consistent with National
Standard 10 of the Magnuson-Stevens
Act.
The operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish may not fish for or possess
deepwater grouper or tilefishes prior to
12:01 a.m., local time, November 1,
2008, and must have landed and
bartered, traded, or sold such deepwater
grouper or tilefishes prior to 12:01 a.m.,
local time, November 11, 2008.
During the closure, the bag and
possession limits specified in 50 CFR
622.39(b) apply to all harvest or
possession of deepwater grouper and
tilefishes in or from the Gulf of Mexico
EEZ, and the sale or purchase of
deepwater grouper and tilefishes taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to sale or purchase of deepwater
grouper or tilefishes that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, November 11,
2008, and were held in cold storage by
a dealer or processor. Vessels with
commercial quantities of Gulf reef fish
on board are prohibited from retaining
a recreational bag limit of Gulf reef fish.
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
Thus, such a vessel may only have a
commercial quantity of reef fish other
than deepwater grouper or tilefishes or
a recreational bag limit of Gulf reef fish.
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 prior notice
and opportunity for public comment is
unnecessary. Prior notice and
opportunity for public comment on the
reopening is unnecessary because the
rule establishing the annual quota has
already been subject to notice and
comment, and all that remains is the
annual administrative act of notifying
the public of where harvest stands in
relation to the quota, and in this case
that additional time is needed to harvest
the established quota. The rule contains
a routine determination relative to
harvest levels for the fishing year that
are relatively insignificant in nature and
impact to the industry and to the public
as a whole.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–23582 Filed 10–3–08; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622 and 697
[Docket No. 080221249–81231–02]
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RIN 0648–AT13
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Atlantic
Coastal Fisheries Cooperative
Management Act Provisions; Atlantic
Coast Red Drum Fishery off the
Atlantic States; Transfer of
Management Authority
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
repeal the Atlantic Coast Red Drum
Fishery Management Plan (FMP) and to
transfer the management authority of
Atlantic red drum in the exclusive
economic zone (EEZ) from the South
Atlantic Fishery Management Council
(South Atlantic Council), in cooperation
with the Mid-Atlantic Fishery
Management Council (Mid-Atlantic
Council), under the Magnuson-Stevens
Conservation and Management Act
(Magnuson-Stevens Act) to the Atlantic
States Marine Fisheries Commission
(Commission) under the Atlantic
Coastal Fisheries Cooperative
Management Act (Atlantic Coastal Act),
as requested by the Councils and the
Commission. The intent of this final
rule is to enhance the effectiveness and
efficiency of managing Atlantic red
drum.
DATES: This final rule is effective
November 5, 2008.
ADDRESSES: Copies of the environmental
assessment (EA), which describes the
impacts of the transfer of management
authority, may be obtained from Kate
Michie, NMFS, Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701; telephone 727–
824–5305; fax 727–824–5308.
FOR FURTHER INFORMATION CONTACT: Kate
Michie, telephone: 727–824–5305.
SUPPLEMENTARY INFORMATION: The
Atlantic red drum fishery off the South
Atlantic and Mid-Atlantic coastal states
is currently managed under two
separate FMPs. Atlantic red drum
located in the EEZ are managed under
the Atlantic Coast Red Drum FMP
prepared by the South Atlantic Council,
in cooperation with the Mid-Atlantic
Council (Council FMP), and
implemented under the authority of the
Magnuson-Stevens Act by regulations at
50 CFR part 622. The Council FMP
prohibits harvest or possession of red
drum in the South Atlantic and MidAtlantic EEZ. Atlantic red drum located
in state waters are managed under the
Interstate Fishery Management Plan
(ISFMP) for Red Drum by the Atlantic
coast states (New Jersey through
Florida) and the Commission. This final
rule repeals the Council FMP and
implementing regulations issued under
the Magnuson-Stevens Act and
simultaneously replaces them with
substantially identical regulations under
the Atlantic Coastal Act. The Atlantic
Coastal Act allows the Federal
government to better coordinate its
management practices with the states
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58059
via the Commission process. The repeal
of the Council FMP would occur at the
same time as this rule is implemented.
On April 3, 2008, NMFS published a
proposed rule for the transfer of
management authority of Atlantic red
drum and requested public comment
(73 FR 18253). The rationale for this
action, including the statute giving
authority to the Commission to manage
Atlantic red drum in the EEZ, the
purpose and need for transfer of
management authority, and the benefits
of this transfer are included in the
preamble to the proposed rule and are
not repeated here.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and NMFS’ responses.
Three comments were received on this
action. One comment was in favor of the
transfer of management authority, one
comment was opposed to the transfer of
authority, and one comment was in
favor of the transfer of authority but did
not agree that regulations under the
Atlantic Coastal Act are comparable to
the current Magnuson-Stevens Act
regulations.
Comment 1: The first commenter
stated the transfer of authority will
result in more efficient and effective
management for Atlantic red drum.
Response: The purpose of this action
is to manage Atlantic red drum under
one FMP rather than two, thus
minimizing management costs and
eliminating unnecessary duplication of
management efforts. This transfer of
management authority furthers
Magnuson-Stevens Act national
standard 7, which states ‘‘Conservation
and management measures shall, where
practicable, minimize costs and avoid
unnecessary duplication.’’
Comment 2: The second commenter
stated the changes being proposed are
anti-environmental in nature, and
NMFS in particular is biased toward
‘‘fish profiteers.’’
Response: This rule will not change
existing restrictions prohibiting the
harvest or possession of red drum in the
EEZ. NMFS and the U.S. Coast Guard
will continue to enforce those
prohibitions. Repealing the Council
FMP under the Magnuson-Stevens Act
and simultaneously implementing
comparable regulations under the
Commission FMP under the Atlantic
Coastal Act, will provide for a more
efficient and timely rebuilding of the
Atlantic red drum resource.
Comment 3: One commenter stated
the regulations under the Atlantic
Coastal Act intended to replace those
under the Magnuson-Stevens Act are
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]]>Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58058-58059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23582]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 040205043-4043-01]
RIN 0648-XK40
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Reopening of the 2008
Deepwater Grouper and Tilefish Commercial Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS reopens the commercial fishery for deepwater grouper
(misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and
speckled hind) and tilefishes in the exclusive economic zone (EEZ) of
the Gulf of Mexico. NMFS previously determined that the quotas for
these commercial fisheries would be reached by May 10, 2008. The latest
estimates for deepwater grouper and tilefish landings indicate the
quotas were not reached by that date. Consequently, NMFS will reopen
these fisheries for 10 days. The purpose of this action is to allow the
fisheries to maximize harvest benefits and at the same time protect the
deepwater grouper and tilefish resources.
DATES: The reopening is effective 12:01 a.m., local time, November 1,
2008, until 12:01 a.m., local time, on November 11, 2008. The fisheries
will then be closed until 12:01 a.m., local time, January 1, 2009.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305,
fax 727-824-5308, e-mail Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico Fishery Management Council and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those
regulations set the commercial quota for deepwater grouper in the Gulf
of Mexico at 1.02 million lb (463,636 kg) and for tilefish in the Gulf
of Mexico at 440,000 lb (200,000 kg) for the current fishing year,
January 1 through December 31, 2008.
Under 50 CFR 622.43(a), NMFS is required to close the commercial
fishery for a species or species group when the quota for that species
or species group is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
NMFS projected the fisheries for deepwater grouper and tilefishes would
reach their respective quotas on May 10, 2008, and closed the fisheries
on that date (73 FR 24883, May 6, 2008). Based on current statistics,
NMFS has determined that only 89 percent of the available commercial
quotas for deepwater grouper and tilefishes were landed. Based on 2008
daily landings rates and the pounds remaining on each quota
(approximately 100,000 lb (45,359 kg) for deepwater grouper and 46,000
lb (20,865 kg) for tilefishes), NMFS has determined these fisheries can
reopen for 10 days. Accordingly, NMFS is reopening the commercial
deepwater grouper and tilefish fisheries in the Gulf of Mexico EEZ from
12:01 a.m., local time, on November 1, 2008, until 12:01 a.m., local
time, on November 11, 2008. The fisheries will then be closed until
12:01 a.m., local time, on January 1, 2009. November 1 was chosen as
the opening day based on feedback from the fishing industry and weather
concerns. Many fishers indicated that this was the most productive time
for the reopening. NMFS also chose to wait until after the peak of
hurricane season to promote safety at sea, consistent with National
Standard 10 of the Magnuson-Stevens Act.
The operator of a vessel with a valid commercial vessel permit for
Gulf reef fish may not fish for or possess deepwater grouper or
tilefishes prior to 12:01 a.m., local time, November 1, 2008, and must
have landed and bartered, traded, or sold such deepwater grouper or
tilefishes prior to 12:01 a.m., local time, November 11, 2008.
During the closure, the bag and possession limits specified in 50
CFR 622.39(b) apply to all harvest or possession of deepwater grouper
and tilefishes in or from the Gulf of Mexico EEZ, and the sale or
purchase of deepwater grouper and tilefishes taken from the EEZ is
prohibited. The prohibition on sale or purchase does not apply to sale
or purchase of deepwater grouper or tilefishes that were harvested,
landed ashore, and sold prior to 12:01 a.m., local time, November 11,
2008, and were held in cold storage by a dealer or processor. Vessels
with commercial quantities of Gulf reef fish on board are prohibited
from retaining a recreational bag limit of Gulf reef fish.
[[Page 58059]]
Thus, such a vessel may only have a commercial quantity of reef fish
other than deepwater grouper or tilefishes or a recreational bag limit
of Gulf reef fish.
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 prior notice and opportunity for
public comment is unnecessary. Prior notice and opportunity for public
comment on the reopening is unnecessary because the rule establishing
the annual quota has already been subject to notice and comment, and
all that remains is the annual administrative act of notifying the
public of where harvest stands in relation to the quota, and in this
case that additional time is needed to harvest the established quota.
The rule contains a routine determination relative to harvest levels
for the fishing year that are relatively insignificant in nature and
impact to the industry and to the public as a whole.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-23582 Filed 10-3-08; 8:45 am]
BILLING CODE 3510-22-S
