Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 74987-74988 [E8-29201]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations
Administrator, as the case may be,
determines that any one of the
considerations set forth in paragraph
(a)(1), (2) or (3) of this section applies,
he or she, as the case may be, will deny
the permit application.
*
*
*
*
*
■ 16. Revise § 227.3 to read as follows:
§ 227.3 Materials which do not satisfy the
environmental impact criteria set forth in
subpart B.
If the material proposed for ocean
dumping does not satisfy the
environmental impact criteria of subpart
B of this part, the Administrator or the
Regional Administrator, as the case may
be, will deny the permit application.
Subpart B—[Amended]
17. Amend § 227.6 by revising
paragraph (e) to read as follows:
■
§ 227.6 Constituents prohibited as other
than trace contaminants.
*
*
*
*
*
(e) The criteria stated in paragraphs
(c)(2) and (3) of this section are
mandatory. The availability of
acceptable procedures was announced
in the Federal Register in 1991 and
1996.
*
*
*
*
*
Subpart F—[Amended]
18. Amend part 227 by removing and
reserving subpart F, consisting of
§ 227.23 through § 227.26.
■
Subpart G—[Amended]
19. Amend § 227.27 by removing
footnote 1 from paragraph (b) and
revising paragraph (d) to read as
follows:
■
§ 227.27 Limiting permissible
concentration (LPC).
dwashington3 on PROD1PC60 with RULES
*
*
*
*
*
(d) Appropriate sensitive benthic
marine organisms means two or more
species that together represent filterfeeding, deposit-feeding, and burrowing
characteristics. These organisms shall be
chosen from among the species that are
most sensitive for each type they
represent, and that are documented in
the scientific literature and accepted by
EPA as being reliable test organisms to
determine the anticipated impact on the
site.
PART 228—[AMENDED]
20. The authority citation for part 228
continues to read as follows:
■
Authority: 33 U.S.C. 1412 and 1418.
VerDate Aug<31>2005
14:03 Dec 09, 2008
Jkt 217001
21. Amend § 228.2 by revising
paragraph (a) to read as follows:
■
§ 228.2
Definitions.
(a) The term disposal site means a
finally approved and precise
geographical area within which ocean
dumping of wastes is permitted under
conditions specified in permits issued
under sections 102 and 103 of the Act.
Such sites are identified by boundaries
established by coordinates of latitude
and longitude for each corner, or by
coordinates of latitude and longitude for
the center point and a radius in nautical
miles from that point. Boundary
coordinates shall be identified as
precisely as is warranted by the
accuracy with which the site can be
located with existing navigational aids
or by the implantation of transponders,
buoys or other means of marking the
site.
*
*
*
*
*
■ 22. Amend § 228.3 by revising
paragraph (b) to read as follows:
§ 228.3 Disposal site management
responsibilities.
*
*
*
*
*
(b) Each site, upon final designation,
will be assigned to either an EPA
Regional office or to EPA Headquarters
for management. These designations
will be consistent with the delegation of
authority in § 220.4 of this chapter. The
designated management authority is
fully responsible for all aspects of the
management of sites within the general
requirements specified in § 220.4 and
this chapter. Specific requirements for
meeting the management
responsibilities assigned to the
designated management authority for
each site are outlined in §§ 228.5 and
228.6.
■ 23. Amend § 228.4 by revising
paragraph (b) to read as follows:
§ 228.4
sites.
specific locations for temporary use for
disposal of small amounts of materials
under a special permit only without
disposal site designation studies when
such materials satisfy the Criteria and
the Administrator determines that the
quantities to be disposed of at such sites
will not result in significant impact on
the environment. Such designations will
be done by promulgation in this part
228, and will be for a specified period
of time and for specified quantities of
materials.
*
*
*
*
*
§ 228.5
[Amended]
24. Amend § 228.5 by removing and
reserving paragraph (c).
■ 25. Revise § 228.8 to read as follows:
■
§ 228.8 Limitations on times and rates of
disposal.
Limitations as to time for and rates of
dumping may be stated as part of the
promulgation of site designation. The
times and the quantities of permitted
material disposal will be regulated by
the EPA management authority so that
the limits for the site as specified in the
site designation are not exceeded. This
will be accomplished by the denial of
permits for the disposal of some
materials, by the imposition of
appropriate conditions on other permits
and, if necessary, the designation of new
disposal sites under the procedures of
§ 228.4. In no case may the total volume
of material disposed of at any site under
special permits cause the concentration
of the total materials or any constituent
of any of the materials being disposed
of at the site to exceed limits specified
in the site designation.
■ 26. Amend part 228 by removing and
reserving § 228.14.
[FR Doc. E8–28842 Filed 12–9–08; 8:45 am]
BILLING CODE 6560–50–P
Procedures for designation of
*
*
*
*
*
(b) Special permits. Areas where
ocean dumping is permitted subject to
the specific conditions of individual
special permits, will be designated by
promulgation in this part 228, and such
designation will be made based on
environmental studies of each site,
regions adjacent to the site, and on
historical knowledge of the impact of
waste disposal on areas similar to such
sites in physical, chemical, and
biological characteristics. All studies for
the evaluation and potential selection of
dumping sites will be conducted in
accordance with the requirements of
§§ 228.5 and 228.6. The Administrator
may, from time to time, designate
PO 00000
74987
Frm 00061
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
RIN 0648–XM17
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
E:\FR\FM\10DER1.SGM
10DER1
74988
Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Rules and Regulations
dwashington3 on PROD1PC60 with RULES
ACTION: Temporary rule; reallocation.
SUMMARY: NMFS is reallocating
projected unused amounts of Pacific cod
from catcher vessels using trawl gear,
catcher vessels using pot gear, and
vessels using jig gear to American
Fisheries Act (AFA) catcher processor
vessels, catcher processor vessels using
pot gear, and catcher processor vessels
using hook–and–line gear in the Bering
Sea and Aleutian Islands management
area (BSAI). These actions are necessary
to allow the 2008 total allowable catch
(TAC) of Pacific cod to be harvested.
DATES: Effective December 5, 2008, until
2400 hours, A.l.t., December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (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.
The 2008 Pacific cod TAC in the BSAI
is 170,720 metric tons (mt) as
established by the 2008 and 2009 final
harvest specifications for groundfish in
the BSAI (73 FR 10160, February 26,
2008). Pursuant to § 679.29(a)(7)(ii), the
allocations of the Pacific cod TAC are
73,844 mt to catcher processor vessels
using hook–and–line gear, 2,274 mt to
catcher processor vessels using pot gear,
12,737 mt to catcher vessels greater than
or equal to 60 feet (18.3 meters (m))
length overall (LOA) using pot gear,
3,506 mt to AFA trawl catcher
processors, and 33,692 mt to catcher
vessels using trawl gear. The allocation
to vessels using jig gear is 260 mt and
the allocation to catcher vessels less
than 60 feet (18.3m) LOA using hook–
and–line or pot gear is 5,210 mt after
four reallocations (73 FR 11562, March
4, 2008; 73 FR 19748, April 11, 2008; 73
FR 49962, August 25, 2008; and 73 FR
52797, September 11, 2008).
As of December 1, 2008, the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that catcher vessels using
trawl gear will not be able to harvest
2,850 mt of Pacific cod allocated to
those vessels under § 679.20(a)(7)(ii).
VerDate Aug<31>2005
14:03 Dec 09, 2008
Jkt 217001
The Regional Administrator has
determined that the projected
unharvested amount is unlikely to be
harvested by any of the other catcher
vessel sectors described in
§ 679.20(a)(7)(iii)(A). Furthermore, the
Regional Administrator has also
determined that other trawl sectors will
be unable to utilize the full unharvested
amount and that catcher vessels greater
than or equal to 60 feet (18.3m) LOA
using pot gear will not be able to harvest
any additional amounts. Therefore, in
accordance with § 679.20(a)(7)(iii)(B),
NMFS apportions 1,200 mt of Pacific
cod from catcher vessels using trawl
gear to AFA trawl catcher processors,
1,607 mt of Pacific cod from catcher
vessels using trawl gear to catcher
processor vessels using hook–and–line
gear, and 43 mt from catcher vessels
using trawl gear to catcher processors
using pot gear.
The Regional Administrator has also
determined that catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using pot gear will not be able to harvest
1,315 mt of Pacific cod. Furthermore,
the Regional Administrator has
determined that catcher processor
vessels using pot gear will be unable to
utilize the full unharvested amount.
Therefore, in accordance with
§ 679.20(a)(7)(iii)(C), NMFS is
reallocating 772 mt of Pacific cod
allocated to catcher vessels greater than
60 feet (18.3 m) LOA using pot gear to
catcher processor vessels using pot gear
and 543 mt of Pacific cod allocated to
catcher vessels greater than or equal to
60 feet (18.3 m) LOA using pot gear to
catcher processor vessels using hook–
and–line gear.
The Regional Administrator has also
determined that vessels using jig gear
will be unable to harvest 80 mt of
Pacific cod. The Regional Administrator
has also determined that catcher vessels
less than 60 feet (18.3m) LOA using
hook–and–line or pot gear and catcher
vessels greater than or equal to 60 feet
(18.3 m) LOA using hook–and–line gear
will be unable to harvest additional
Pacific cod. Therefore, in accordance
with § 679.20(a)(7)(iii)(A), NMFS is
reallocating 80 mt of Pacific cod
allocated to jig vessels to catcher
processor vessels using hook–and–line
gear.
The allocations for Pacific cod
specified in the 2008 and 2009 final
harvest specifications for groundfish in
the BSAI (73 FR 10160, February 26,
2008) and four reallocations (73 FR
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
11562, March 4, 2008, 73 FR 19748,
April 11, 2008, 73 FR 49962, August 25,
2008, and 73 FR 52797, September 11,
2008) are revised as follows: 180 mt to
vessels using jig gear, 76,074 mt to
catcher processor vessels using hook–
and–line gear, 11,422 mt to catcher
vessels using pot gear, 3,089 mt to
catcher processor vessels using pot gear,
4,706 mt to AFA catcher processor
vessels using trawl gear, and 30,842 mt
to catcher vessels using trawl gear.
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 reallocation of Pacific cod.
Since the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of December 1, 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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 5, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–29201 Filed 12–5–08; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\10DER1.SGM
10DER1
]]>Agencies
[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Rules and Regulations]
[Pages 74987-74988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29201]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XM17
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 74988]]
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating projected unused amounts of Pacific cod
from catcher vessels using trawl gear, catcher vessels using pot gear,
and vessels using jig gear to American Fisheries Act (AFA) catcher
processor vessels, catcher processor vessels using pot gear, and
catcher processor vessels using hook-and-line gear in the Bering Sea
and Aleutian Islands management area (BSAI). These actions are
necessary to allow the 2008 total allowable catch (TAC) of Pacific cod
to be harvested.
DATES: Effective December 5, 2008, until 2400 hours, A.l.t., December
31, 2008.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (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.
The 2008 Pacific cod TAC in the BSAI is 170,720 metric tons (mt) as
established by the 2008 and 2009 final harvest specifications for
groundfish in the BSAI (73 FR 10160, February 26, 2008). Pursuant to
Sec. 679.29(a)(7)(ii), the allocations of the Pacific cod TAC are
73,844 mt to catcher processor vessels using hook-and-line gear, 2,274
mt to catcher processor vessels using pot gear, 12,737 mt to catcher
vessels greater than or equal to 60 feet (18.3 meters (m)) length
overall (LOA) using pot gear, 3,506 mt to AFA trawl catcher processors,
and 33,692 mt to catcher vessels using trawl gear. The allocation to
vessels using jig gear is 260 mt and the allocation to catcher vessels
less than 60 feet (18.3m) LOA using hook-and-line or pot gear is 5,210
mt after four reallocations (73 FR 11562, March 4, 2008; 73 FR 19748,
April 11, 2008; 73 FR 49962, August 25, 2008; and 73 FR 52797,
September 11, 2008).
As of December 1, 2008, the Administrator, Alaska Region, NMFS
(Regional Administrator), has determined that catcher vessels using
trawl gear will not be able to harvest 2,850 mt of Pacific cod
allocated to those vessels under Sec. 679.20(a)(7)(ii). The Regional
Administrator has determined that the projected unharvested amount is
unlikely to be harvested by any of the other catcher vessel sectors
described in Sec. 679.20(a)(7)(iii)(A). Furthermore, the Regional
Administrator has also determined that other trawl sectors will be
unable to utilize the full unharvested amount and that catcher vessels
greater than or equal to 60 feet (18.3m) LOA using pot gear will not be
able to harvest any additional amounts. Therefore, in accordance with
Sec. 679.20(a)(7)(iii)(B), NMFS apportions 1,200 mt of Pacific cod
from catcher vessels using trawl gear to AFA trawl catcher processors,
1,607 mt of Pacific cod from catcher vessels using trawl gear to
catcher processor vessels using hook-and-line gear, and 43 mt from
catcher vessels using trawl gear to catcher processors using pot gear.
The Regional Administrator has also determined that catcher vessels
greater than or equal to 60 feet (18.3 m) LOA using pot gear will not
be able to harvest 1,315 mt of Pacific cod. Furthermore, the Regional
Administrator has determined that catcher processor vessels using pot
gear will be unable to utilize the full unharvested amount. Therefore,
in accordance with Sec. 679.20(a)(7)(iii)(C), NMFS is reallocating 772
mt of Pacific cod allocated to catcher vessels greater than 60 feet
(18.3 m) LOA using pot gear to catcher processor vessels using pot gear
and 543 mt of Pacific cod allocated to catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using pot gear to catcher processor
vessels using hook-and-line gear.
The Regional Administrator has also determined that vessels using
jig gear will be unable to harvest 80 mt of Pacific cod. The Regional
Administrator has also determined that catcher vessels less than 60
feet (18.3m) LOA using hook-and-line or pot gear and catcher vessels
greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear
will be unable to harvest additional Pacific cod. Therefore, in
accordance with Sec. 679.20(a)(7)(iii)(A), NMFS is reallocating 80 mt
of Pacific cod allocated to jig vessels to catcher processor vessels
using hook-and-line gear.
The allocations for Pacific cod specified in the 2008 and 2009
final harvest specifications for groundfish in the BSAI (73 FR 10160,
February 26, 2008) and four reallocations (73 FR 11562, March 4, 2008,
73 FR 19748, April 11, 2008, 73 FR 49962, August 25, 2008, and 73 FR
52797, September 11, 2008) are revised as follows: 180 mt to vessels
using jig gear, 76,074 mt to catcher processor vessels using hook-and-
line gear, 11,422 mt to catcher vessels using pot gear, 3,089 mt to
catcher processor vessels using pot gear, 4,706 mt to AFA catcher
processor vessels using trawl gear, and 30,842 mt to catcher vessels
using trawl gear.
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 reallocation of Pacific cod. Since the fishery is
currently open, it is important to immediately inform the industry as
to the revised allocations. Immediate notification is necessary to
allow for the orderly conduct and efficient operation of this fishery,
to allow the industry to plan for the fishing season, and to avoid
potential disruption to the fishing fleet as well as processors. NMFS
was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
December 1, 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 5, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-29201 Filed 12-5-08; 4:15 pm]
BILLING CODE 3510-22-S
