Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery, 58498-58499 [E8-23720]

Download as PDF 58498 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES the LAGC fishery are found at §§ 648.59 and 648.60. Regulations specifically governing IFQ scallop vessel operations in the LAGC fishery are specified at § 648.53(a)(8)(iii). These regulations authorize vessels issued a valid IFQ scallop permit to fish in the LAGC fishery under specific conditions, including a TAC. The TACs were established by the final rule that implemented Framework 19 to the FMP (73 FR 30790 May 29, 2008) and included a TAC of 623,747 lb (282,927 kg) that may be landed by IFQ vessels during the third quarter of the 2008 fishing year. The regulations at § 648.53(a)(8)(iii) require the LAGC fishery to be closed to IFQ vessels once the Northeast Regional Administrator has determined that the TAC is projected to be landed. Based on dealer reporting and vessel pre-landing reports through Vessel Monitoring Systems (VMS), a projection concluded that, given current activity levels by IFQ scallop vessels in the area, 623,747 lb (282,927 kg) will have been landed on October 4, 2008. Therefore, in accordance with the regulations at § 648.53(a)(8)(iii), the LAGC scallop fishery is closed to all general IFQ vessels as of 0001 hr local time, October 5, 2008. IFQ scallop vessels are not allowed to fish for, possess, or retain scallops, or declare, or initiate, a scallop trip following this closure for the remainder of the 2008 third quarter, ending on November 30, 2008. This closure is in effect for the remainder of the third quarter of the 2008 scallop fishing year under current regulations. The LAGC scallop fishery is scheduled to re-open to IFQ scallop vessels on December 1, 2008. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. This action closes the LAGC scallop fishery to all IFQ scallop vessels until December 1, 2008, under current regulations. The regulations at § 648.53(a)(8)(iii) require such action to ensure that IFQ scallop vessels do not exceed the 2008 third quarter TAC. The LAGC scallop fishery opened for the third quarter of the 2008 fishing year at 0001 hours on September 1, 2008. Data indicating the IFQ scallop fleet has landed all of the 2008 third quarter TAC have only recently become available. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. If VerDate Aug<31>2005 18:31 Oct 06, 2008 Jkt 217001 implementation of this closure is delayed to solicit prior public comment, the quota for this quarter will be exceeded, thereby undermining the conservation objectives of the FMP. Also, if the magnitude of any overage is significant, it would warrant a decrease in the fourth quarter quota. This would have a negative economic impact on vessels that fish seasonally in that period. The AA further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the thirty (30) day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: October 2, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–23708 Filed 10–2–08; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 010319075–1217–02] RIN 0648–XK42 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule, tilefish commercial quota adjustment. AGENCY: SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has determined that the quota for the tilefish Full-time Tier 2 permit category has been exceeded for fishing year (FY) 2008, requiring an adjustment of the Full-time Tier 2 permit category quota for FY 2009. This action complies with the Fishery Management Plan for the Tilefish Fishery (FMP) and is intended to continue the rebuilding program in the FMP by taking into account previous overages of the tilefish quota. DATES: Effective November 1, 2008, through October 31, 2009. FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery Policy Analyst, (978) 281–9204. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 Background The regulations at 50 CFR 648.290(c) state that any overages of the quota for any tilefish limited access category that occur in a given fishing year will be subtracted from the quota for that category in the following fishing year. This same section also states that, if the tilefish harvest attributed to the open access Incidental permit category exceeds 5 percent of the total allowable landings (TAL) for a given fishing year, the trip limit for the Incidental category may be reduced the following year. In both of these instances, § 648.290(c) specifies that, if an adjustment is required, a notification of adjustment of the quota will be published in the Federal Register. The tilefish TAL for FY 2009 remains unchanged from previous years at 1.995 million lb (905 mt). The FMP dictates that the TAL be divided between the three limited access tilefish permit categories after the TAL is reduced by 5 percent to account for incidental tilefish landings (open-access Incidental permit category) as follows: Sixty-six percent (1,250,865 lb (567,383 kg)) to Full-time Tier 1; 15 percent (284,288 lb (128,951 kg)) to Full-time Tier 2; and 19 percent (360,098 lb (163,338 kg)) to Parttime vessels. Based upon vessel reports and other information available, FY 2008 tilefish landings for limited access Full-time Tier 2 permit category were 291,620 lb (132,277 kg), resulting in an overage of 7,332 lb (3,326 kg). This overage amount is being deducted from the FY 2009 Full-time Tier 2 permit category quota through this action, which results in an adjusted quota of 276,956 lb (125,625 kg) for this category in FY 2009. Adjustments to the remaining permit categories are not needed at this time, and the FY 2009 quotas for these categories therefore, remain status quo, including the Incidental trip limit for tilefish for FY 2009, which will remain at its default value of 300 lb (136 kg). If final landings data for 2008 indicate that an adjustment of the quota for any of the other permit categories is necessary, a notification of the adjustment will be published in the Federal Register. The FY 2009 tilefish Full-time Tier 2 permit category quota, the FY 2008 tilefish Full-time Tier 2 permit category landings, and the resulting overage of the FY 2008 tilefish Full-time Tier 2 permit category quota are presented in Table 1. The resulting adjusted FY 2009 tilefish Full-time Tier 2 permit category commercial quota is presented in Table 2. E:\FR\FM\07OCR1.SGM 07OCR1 58499 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations TABLE 1. TILEFISH FULL-TIME TIER 2 CATEGORY 2008 LANDINGS AND OVERAGE 2008 Quota 2008 Landings 2008 Overage Permit Category Lb Lb Kg1 Lb Kg1 284,288 Full-time Tier 2 1 Kilograms Kg1 128,951 291,620 132,277 7,332 3,326 are as converted from pounds, and may not necessarily add due to rounding. TABLE 2. TILEFISH FULL-TIME TIER 2 CATEGORY ADJUSTED FY 2009 QUOTA 2009 Initial Quota 2009 Adjusted Quota Permit Category Lb Lb Kg1 284,288 Full-time Tier 2 1 Kilograms Kg1 128,951 276,956 125,625 are as converted from pounds, and may not necessarily add due to rounding. Classification DEPARTMENT OF COMMERCE This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds good cause to waive prior notice and opportunity for public comment as notice and comment would be impracticable and unnecessary. The regulations under § 648.290(c) requires the Regional Administrator to subtract any overage of the quota for any tilefish limited access category from the quota for that category in the following fishing year. Accordingly, the action being taken by this temporary rule is nondiscretionary. There is no discretion to modify this action based on public comment at this time. The rate of harvest of tilefish by the Full-time permit category is updated weekly on the internet at http:// www.nero.noaa.gov. Accordingly, the public is able to obtain information that would provide at least some advanced notice of a potential action as a result of a tilefish quota being exceeded during FY 2008. Further, the potential for this action was considered and open to public comment during the development of the tilefish FMP. Therefore, any negative effect the waiving of public comment may have on the public is mitigated by these factors. National Oceanic and Atmospheric Administration Authority: 16 U.S.C. 1801 et seq. jlentini on PROD1PC65 with RULES Dated: October 1, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–23720 Filed 10–6–08; 8:45 am] BILLING CODE 3510–22–S VerDate Aug<31>2005 18:31 Oct 06, 2008 Jkt 217001 50 CFR Part 660 [Docket No. 0809231252–81272–01] RIN 0648–AX28 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures; correcting amendment. AGENCY: SUMMARY: NMFS announces correction to Federal regulations for the West Coast groundfish fishery. This action corrects trip limits for vessels using multiple bottom trawl gears, which were published in a final rule. That final rule announced inseason changes to management measures in the commercial Pacific Coast groundfish fisheries. This correction is intended to eliminate any confusion for the public that may have occurred as a result of prior incorrect NMFS publications. DATES: Effective 0001 hours (local time) October 7, 2008. Comments on this final rule must be received no later than 5 p.m., local time on November 6, 2008. ADDRESSES: You may submit comments, identified by RIN 0648–AX28 by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http:// www.regulations.gov. • Fax: 206–526–6736, Attn: Gretchen Arentzen. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 • Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115–0070, Attn: Gretchen Arentzen. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Gretchen Arentzen (Northwest Region, NMFS), phone: 206–526–6147, fax: 206– 526–6736 and e-mail gretchen.arentzen@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register’s Website at http:// www.gpoaccess.gov/fr/index.html. Background information and documents are available at the Pacific Fishery Management Council’s website at http:// www.pcouncil.org/. Background The Pacific Coast Groundfish FMP and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subpart G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. Groundfish specifications and management measures are developed by the Pacific Fishery Management Council (Council), and are implemented by NMFS. A E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58498-58499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XK42


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Tilefish 
Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule, tilefish commercial quota adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has determined that the quota for the 
tilefish Full-time Tier 2 permit category has been exceeded for fishing 
year (FY) 2008, requiring an adjustment of the Full-time Tier 2 permit 
category quota for FY 2009. This action complies with the Fishery 
Management Plan for the Tilefish Fishery (FMP) and is intended to 
continue the rebuilding program in the FMP by taking into account 
previous overages of the tilefish quota.

DATES: Effective November 1, 2008, through October 31, 2009.

FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery 
Policy Analyst, (978) 281-9204.

SUPPLEMENTARY INFORMATION:

Background

    The regulations at 50 CFR 648.290(c) state that any overages of the 
quota for any tilefish limited access category that occur in a given 
fishing year will be subtracted from the quota for that category in the 
following fishing year. This same section also states that, if the 
tilefish harvest attributed to the open access Incidental permit 
category exceeds 5 percent of the total allowable landings (TAL) for a 
given fishing year, the trip limit for the Incidental category may be 
reduced the following year. In both of these instances, Sec.  
648.290(c) specifies that, if an adjustment is required, a notification 
of adjustment of the quota will be published in the Federal Register.
    The tilefish TAL for FY 2009 remains unchanged from previous years 
at 1.995 million lb (905 mt). The FMP dictates that the TAL be divided 
between the three limited access tilefish permit categories after the 
TAL is reduced by 5 percent to account for incidental tilefish landings 
(open-access Incidental permit category) as follows: Sixty-six percent 
(1,250,865 lb (567,383 kg)) to Full-time Tier 1; 15 percent (284,288 lb 
(128,951 kg)) to Full-time Tier 2; and 19 percent (360,098 lb (163,338 
kg)) to Part-time vessels.
    Based upon vessel reports and other information available, FY 2008 
tilefish landings for limited access Full-time Tier 2 permit category 
were 291,620 lb (132,277 kg), resulting in an overage of 7,332 lb 
(3,326 kg). This overage amount is being deducted from the FY 2009 
Full-time Tier 2 permit category quota through this action, which 
results in an adjusted quota of 276,956 lb (125,625 kg) for this 
category in FY 2009. Adjustments to the remaining permit categories are 
not needed at this time, and the FY 2009 quotas for these categories 
therefore, remain status quo, including the Incidental trip limit for 
tilefish for FY 2009, which will remain at its default value of 300 lb 
(136 kg). If final landings data for 2008 indicate that an adjustment 
of the quota for any of the other permit categories is necessary, a 
notification of the adjustment will be published in the Federal 
Register.
    The FY 2009 tilefish Full-time Tier 2 permit category quota, the FY 
2008 tilefish Full-time Tier 2 permit category landings, and the 
resulting overage of the FY 2008 tilefish Full-time Tier 2 permit 
category quota are presented in Table 1. The resulting adjusted FY 2009 
tilefish Full-time Tier 2 permit category commercial quota is presented 
in Table 2.

[[Page 58499]]



                      Table 1. Tilefish Full-time Tier 2 Category 2008 Landings and Overage
----------------------------------------------------------------------------------------------------------------
                             2008 Quota                     2008 Landings                   2008 Overage
 Permit Category  ----------------------------------------------------------------------------------------------
                         Lb             Kg\1\            Lb             Kg\1\            Lb            Kg\1\
----------------------------------------------------------------------------------------------------------------
Full-time Tier 2       284,288         128,951         291,620         132,277           7,332          3,326
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds, and may not necessarily add due to rounding.


   Table 2. Tilefish Full-time Tier 2 Category Adjusted FY 2009 Quota
------------------------------------------------------------------------
                      2009 Initial Quota          2009 Adjusted Quota
 Permit Category -------------------------------------------------------
                       Lb           Kg\1\          Lb           Kg\1\
------------------------------------------------------------------------
Full-time Tier 2     284,288       128,951       276,956       125,625
------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds, and may not necessarily add
  due to rounding.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the 
Assistant Administrator finds good cause to waive prior notice and 
opportunity for public comment as notice and comment would be 
impracticable and unnecessary. The regulations under Sec.  648.290(c) 
requires the Regional Administrator to subtract any overage of the 
quota for any tilefish limited access category from the quota for that 
category in the following fishing year. Accordingly, the action being 
taken by this temporary rule is nondiscretionary. There is no 
discretion to modify this action based on public comment at this time. 
The rate of harvest of tilefish by the Full-time permit category is 
updated weekly on the internet at http://www.nero.noaa.gov. 
Accordingly, the public is able to obtain information that would 
provide at least some advanced notice of a potential action as a result 
of a tilefish quota being exceeded during FY 2008. Further, the 
potential for this action was considered and open to public comment 
during the development of the tilefish FMP. Therefore, any negative 
effect the waiving of public comment may have on the public is 
mitigated by these factors.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 1, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23720 Filed 10-6-08; 8:45 am]
BILLING CODE 3510-22-S