Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area, 63652-63654 [E8-25593]
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63652
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
modified
Location of referenced elevation
Communities affected
Maps are available for inspection at 197 E Tabernacle St, St. George, UT 84770.
Unincorporated Areas of Washington County
Maps are available for inspection at 197 E Tabernacle St, St. George, UT 84770.
Sheboygan County, Wisconsin, and Incorporated Areas
FEMA Docket No.: D–7800
East Branch Milwaukee River
Just upstream of Division Road ............................................
+1012
Sheboygan River ...................
At intersection between Division Road and Scenic Drive .....
Approximately 4,700 feet upstream of County Highway JM
+1012
+770
Approximately 1,500 feet upstream of County Highway A ...
Unincorporated Areas of Sheboygan County.
+798
Unincorporated Areas of Sheboygan County.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
Sheboygan County (Unincorporated Areas)
Maps are available for inspection at Administration Building, 508 New York Avenue, Sheboygan, WI 53081–4126.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: October 16, 2008.
Edward L. Connor,
Acting Federal Insurance Administrator of
the National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–25257 Filed 10–24–08; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2275; MB Docket No. 07–124; RM–
11378]
Radio Broadcasting Services;
Waldport, OR
Federal Communications
Commission.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: The Audio Division, at the
request of Radio Beam, LLC, allots FM
Channel 229C2 at Waldport, Oregon, as
a second local service. Channel 229C2
can be allotted at Waldport, Oregon, in
compliance with the Commission’s
minimum distance separation
requirements without site restriction at
the center city reference coordinates:
44–25–37 North Latitude and 124–04–
02 West Longitude.
DATES: Effective November 24, 2008.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
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17:05 Oct 24, 2008
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FOR FURTHER INFORMATION CONTACT:
§ 73.202
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 07–124,
adopted October 8, 2008, and released
October 10, 2008. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision also may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC,
20554, (800) 378–3160, or via the
company’s Web site, https://
www.bcpiweb.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
■
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR Part 73 as follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
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[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Oregon, is amended
by adding Waldport, Channel 229C2.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E8–25456 Filed 10–24–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0401120010–4114–02]
RIN 0648–XL40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Modification of
the Yellowtail Flounder Landing Limit
for the U.S./Canada Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reduction of
landing limit.
AGENCY:
SUMMARY: This action decreases the
Georges Bank (GB) yellowtail flounder
trip limit to 2,500 lb (1,134 kg) for NE
multispecies days-at-sea (DAS) vessels
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sroberts on PROD1PC70 with RULES
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations
fishing in the U.S./Canada Management
Area. This action is authorized by the
regulations implementing Amendment
13 to the NE Multispecies Fishery
Management Plan and is intended to
prevent over-harvesting of the total
allowable catch (TAC) for GB yellowtail
flounder during the 2008 fishing year.
This action is being taken to maintain
opportunities for vessels to fully harvest
the TACs for transboundary stocks of
GB cod, haddock, and yellowtail
flounder under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective October 23, 2008,
through April 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the GB yellowtail
flounder landing limit within the U.S./
Canada Management Area are found at
50 CFR 648.85(a)(3)(iv)(C) and (D). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail
flounder for the 2008 fishing year (May
1, 2008 - April 30, 2009) was set at 1,950
mt (73 FR 16572, March 28, 2008), a
217–percent increase from the TAC for
the 2007 fishing year.
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Administrator, Northeast
(NE) Region, NMFS (Regional
Administrator) to increase or decrease
the trip limits in the U.S./Canada
Management Area to prevent overharvesting or under-harvesting the TAC
allocation. On April 29, 2008 (73 FR
23130), based upon the 2008 TAC for
GB yellowtail flounder and projections
of harvest rates in the fishery, the trip
limit for GB yellowtail flounder was set
at 5,000 lb (2,268 kg) for the 2008
fishing year, to prevent a premature
closure of the Eastern U.S./Canada
Management Area and, therefore,
reduced opportunities to fish for Eastern
GB cod and haddock in the Eastern
U.S./Canada Area.
According to the most recent Vessel
Monitoring System (VMS) reports and
other available information, the
cumulative GB yellowtail flounder
catch, as of October 16, 2008, is
estimated to be over 40 percent of the
TAC. Harvest of the GB yellowtail
flounder TAC would result in the
closing of the Eastern U.S./Canada Area,
preventing harvest of the remaining
portions of the GB cod and GB haddock
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17:05 Oct 24, 2008
Jkt 214001
TACs. Decreasing the GB yellowtail
flounder trip limit to 2,500 lb (1,134 kg)
from 5,000 lb (2,268 kg) is expected to
reduce the number of trips made to the
U.S./Canada Management Area to target
GB yellowtail flounder, decrease
landings of yellowtail flounder without
increasing discards, and result in the
achievement of the TAC during the
fishing year without exceeding it. Based
on this information, and at the request
of the New England Fishery
Management Council (Council), the
Regional Administrator is decreasing
the current 5,000–lb (2,268–kg)
yellowtail flounder trip limit in the
U.S./Canada Management Area to
2,500–lb (1,134–kg) per trip, effective
0001 hours local time October 23, 2008,
through April 30, 2009.
GB yellowtail flounder landings will
continue to be closely monitored.
Further inseason adjustments to
increase or decrease the trip limit may
be considered, based on updated catch
data and projections. Should 100
percent of the TAC allocation for GB
yellowtail flounder be projected to be
harvested, all vessels would be
prohibited from harvesting, possessing,
or landing yellowtail flounder from the
entire U.S./Canada Management Area,
and the Eastern U.S./Canada Area
would be closed to limited access NE
multispecies DAS vessels for the
remainder of the fishing year.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment; as well as the delayed
effectiveness for this action, because
prior notice and comment, and a
delayed effectiveness, would be
impracticable and contrary to the public
interest. The regulations under
§ 658.85(a)(3)(iv)(D) grant the Regional
Administrator the authority to adjust the
GB yellowtail flounder trip limit to
prevent over-harvesting or underharvesting the TAC allocation. This
action would reduce the GB yellowtail
trip limit for all NE multispecies DAS
vessels fishing in the U.S./Canada
Management Area for the remainder of
the 2008 fishing year. This action is
intended to prevent the over-harvest of
the GB yellowtail flounder TAC while
allowing continued opportunities to
achieve optimum yield in the NE
multispecies fishery.
This action is authorized by the
regulations at § 648.85(a)(3)(iv)(D). It is
important to take this action
immediately to slow the rate of GB
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Fmt 4700
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63653
yellowtail flounder harvest. Any further
delay of this action is likely to result in
a precipitous harvest of the GB
yellowtail flounder TAC which would
require that the Eastern U.S./Canada
Management Area be closed for the
remainder of the 2008 fishing year,
preventing the harvest of the remaining
portions of the GB cod and GB haddock
TACs, thereby reducing the ability of
fishers to maximize their fishing
opportunities. Exceeding the 2008 TAC
for GB yellowtail flounder would
increase mortality of this overfished
stock beyond that evaluated during the
development of Amendment 13,
resulting in decreased revenue for the
NE multispecies fishery, increased
negative economic impacts to vessels
operating in the U.S./Canada Area, a
reduced chance of achieving optimum
yield in the groundfish fishery, and
unnecessary delays to the rebuilding of
this overfished stock. Exceeding the
2008 GB yellowtail flounder TAC would
also necessitate that any overages during
the 2008 fishing year be deducted from
the GB yellowtail flounder TAC for the
2009 fishing year. Reducing the 2009
TAC due to any 2008 TAC overage
caused by delaying this action would
create an unnecessary burden on the
fishing industry and further negative
economic and social impacts that were
not previously considered.
The potential of decreasing the GB
yellowtail flounder trip limit was
announced to the public when the
5,000–lb (2,268–kg) trip limit was
implemented on April 29, 2008.
Additional public notice occurred when
the Council voted to request that the
Regional Administrator reduce the trip
limit at its public meeting on October 8,
2008. Further, the public is able to
obtain information on the rate of harvest
of the GB yellowtail flounder TAC via
the NMFS Northeast Regional Office
website (https://www.nero.noaa.gov),
which provides at least some advanced
notice of a potential action to prevent
the TAC for GB yellowtail flounder from
being exceeded during the 2008 fishing
year. The Regional Administrator’s
authority to decrease the trip limit for
GB yellowtail flounder in the U.S./
Canada Management Area to ensure the
shared U.S./Canada stocks of fish are
harvested, but not exceeded, was
publically considered and open to
public comment during the
development of Amendment 13 and FW
42. Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
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63654
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations
Dated: October 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–25593 Filed 10–22–08; 4:40 pm]
sroberts on PROD1PC70 with RULES
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63652-63654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25593]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0401120010-4114-02]
RIN 0648-XL40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Modification of the Yellowtail Flounder Landing
Limit for the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reduction of landing limit.
-----------------------------------------------------------------------
SUMMARY: This action decreases the Georges Bank (GB) yellowtail
flounder trip limit to 2,500 lb (1,134 kg) for NE multispecies days-at-
sea (DAS) vessels
[[Page 63653]]
fishing in the U.S./Canada Management Area. This action is authorized
by the regulations implementing Amendment 13 to the NE Multispecies
Fishery Management Plan and is intended to prevent over-harvesting of
the total allowable catch (TAC) for GB yellowtail flounder during the
2008 fishing year. This action is being taken to maintain opportunities
for vessels to fully harvest the TACs for transboundary stocks of GB
cod, haddock, and yellowtail flounder under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: Effective October 23, 2008, through April 30, 2009.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail
flounder landing limit within the U.S./Canada Management Area are found
at 50 CFR 648.85(a)(3)(iv)(C) and (D). The regulations authorize
vessels issued a valid limited access NE multispecies permit and
fishing under a NE multispecies DAS to fish in the U.S./Canada
Management Area, as defined at Sec. 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail flounder for the 2008 fishing
year (May 1, 2008 - April 30, 2009) was set at 1,950 mt (73 FR 16572,
March 28, 2008), a 217-percent increase from the TAC for the 2007
fishing year.
The regulations at Sec. 648.85(a)(3)(iv)(D) authorize the
Administrator, Northeast (NE) Region, NMFS (Regional Administrator) to
increase or decrease the trip limits in the U.S./Canada Management Area
to prevent over-harvesting or under-harvesting the TAC allocation. On
April 29, 2008 (73 FR 23130), based upon the 2008 TAC for GB yellowtail
flounder and projections of harvest rates in the fishery, the trip
limit for GB yellowtail flounder was set at 5,000 lb (2,268 kg) for the
2008 fishing year, to prevent a premature closure of the Eastern U.S./
Canada Management Area and, therefore, reduced opportunities to fish
for Eastern GB cod and haddock in the Eastern U.S./Canada Area.
According to the most recent Vessel Monitoring System (VMS) reports
and other available information, the cumulative GB yellowtail flounder
catch, as of October 16, 2008, is estimated to be over 40 percent of
the TAC. Harvest of the GB yellowtail flounder TAC would result in the
closing of the Eastern U.S./Canada Area, preventing harvest of the
remaining portions of the GB cod and GB haddock TACs. Decreasing the GB
yellowtail flounder trip limit to 2,500 lb (1,134 kg) from 5,000 lb
(2,268 kg) is expected to reduce the number of trips made to the U.S./
Canada Management Area to target GB yellowtail flounder, decrease
landings of yellowtail flounder without increasing discards, and result
in the achievement of the TAC during the fishing year without exceeding
it. Based on this information, and at the request of the New England
Fishery Management Council (Council), the Regional Administrator is
decreasing the current 5,000-lb (2,268-kg) yellowtail flounder trip
limit in the U.S./Canada Management Area to 2,500-lb (1,134-kg) per
trip, effective 0001 hours local time October 23, 2008, through April
30, 2009.
GB yellowtail flounder landings will continue to be closely
monitored. Further inseason adjustments to increase or decrease the
trip limit may be considered, based on updated catch data and
projections. Should 100 percent of the TAC allocation for GB yellowtail
flounder be projected to be harvested, all vessels would be prohibited
from harvesting, possessing, or landing yellowtail flounder from the
entire U.S./Canada Management Area, and the Eastern U.S./Canada Area
would be closed to limited access NE multispecies DAS vessels for the
remainder of the fishing year.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), there is good cause
to waive prior notice and opportunity for public comment; as well as
the delayed effectiveness for this action, because prior notice and
comment, and a delayed effectiveness, would be impracticable and
contrary to the public interest. The regulations under Sec.
658.85(a)(3)(iv)(D) grant the Regional Administrator the authority to
adjust the GB yellowtail flounder trip limit to prevent over-harvesting
or under-harvesting the TAC allocation. This action would reduce the GB
yellowtail trip limit for all NE multispecies DAS vessels fishing in
the U.S./Canada Management Area for the remainder of the 2008 fishing
year. This action is intended to prevent the over-harvest of the GB
yellowtail flounder TAC while allowing continued opportunities to
achieve optimum yield in the NE multispecies fishery.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D). It is important to take this action immediately to
slow the rate of GB yellowtail flounder harvest. Any further delay of
this action is likely to result in a precipitous harvest of the GB
yellowtail flounder TAC which would require that the Eastern U.S./
Canada Management Area be closed for the remainder of the 2008 fishing
year, preventing the harvest of the remaining portions of the GB cod
and GB haddock TACs, thereby reducing the ability of fishers to
maximize their fishing opportunities. Exceeding the 2008 TAC for GB
yellowtail flounder would increase mortality of this overfished stock
beyond that evaluated during the development of Amendment 13, resulting
in decreased revenue for the NE multispecies fishery, increased
negative economic impacts to vessels operating in the U.S./Canada Area,
a reduced chance of achieving optimum yield in the groundfish fishery,
and unnecessary delays to the rebuilding of this overfished stock.
Exceeding the 2008 GB yellowtail flounder TAC would also necessitate
that any overages during the 2008 fishing year be deducted from the GB
yellowtail flounder TAC for the 2009 fishing year. Reducing the 2009
TAC due to any 2008 TAC overage caused by delaying this action would
create an unnecessary burden on the fishing industry and further
negative economic and social impacts that were not previously
considered.
The potential of decreasing the GB yellowtail flounder trip limit
was announced to the public when the 5,000-lb (2,268-kg) trip limit was
implemented on April 29, 2008. Additional public notice occurred when
the Council voted to request that the Regional Administrator reduce the
trip limit at its public meeting on October 8, 2008. Further, the
public is able to obtain information on the rate of harvest of the GB
yellowtail flounder TAC via the NMFS Northeast Regional Office website
(https://www.nero.noaa.gov), which provides at least some advanced
notice of a potential action to prevent the TAC for GB yellowtail
flounder from being exceeded during the 2008 fishing year. The Regional
Administrator's authority to decrease the trip limit for GB yellowtail
flounder in the U.S./Canada Management Area to ensure the shared U.S./
Canada stocks of fish are harvested, but not exceeded, was publically
considered and open to public comment during the development of
Amendment 13 and FW 42. Therefore, any negative effect the waiving of
public comment and delayed effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
[[Page 63654]]
Dated: October 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-25593 Filed 10-22-08; 4:40 pm]
BILLING CODE 3510-22-S