Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels, 80306-80307 [E8-31126]
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
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List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed 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.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Georgia, is amended by adding
DTV channel 31 and removing DTV
channel 51 at Augusta.
■
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. E8–31003 Filed 12–30–08; 8:45 am]
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Jkt 217001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070817467–8554–02]
RIN 0648–XM40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Closure of the
Limited Access General Category
Scallop Fishery to Individual Fishing
Quota Scallop Vessels
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces the Limited
Access General Category (LAGC)
Scallop Fishery is closed to individual
fishing quota (IFQ) scallop vessels as of
0001 hrs local time, December 31, 2008.
This fishery will re-open on March 1,
2009. This action is based on the
determination that the annual scallop
total allowable catch (TAC) for LAGC
IFQ scallop vessels (including vessels
issued an IFQ letter of authorization
(LOA) to fish under appeal), is projected
to be landed. This action is being taken
to prevent IFQ scallop vessels from
exceeding the 2008 annual TAC, in
accordance with the regulations
implementing Amendment 11 to the
Atlantic Sea Scallop Fishery
Management Plan (FMP), enacted by
Framework 19 to the FMP, and the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: The closure of the LAGC fishery
to all IFQ scallop vessels is effective
0001 hrs local time, December 31, 2008,
through February 28, 2009.
FOR FURTHER INFORMATION CONTACT:
Cheryl McGarrity, Fishery Management
Specialist, (978) 281–9174, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the LAGC fishery authorize vessels
issued a valid IFQ scallop permit to fish
in the LAGC fishery under specific
conditions, including a TAC (see 50
CFR 648.59, 648.60, and
648.53(a)(8)(iii)). The TACs were
established by the final rule that
implemented Framework 19 to the FMP
(73 FR 30790 May 29, 2008) and
included an annual TAC of 4,352,500 lb
(1,974,261 kg) that may be landed by
IFQ vessels during the 2008 fishing
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year, approximately 178,000 lb (80,739
kg) of which was remaining for harvest
at the beginning of the fourth quarter.
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), it is
projected that, given current activity
levels by IFQ scallop vessels in the area,
4,352,500 lb (1,974,261 kg) will have
been landed by December 30, 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 December 31, 2008. Accordingly,
this closure is in effect for the remainder
of the fourth quarter of the 2008 scallop
fishing year. 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 fourth quarter,
ending on February 28, 2009. The LAGC
scallop fishery is scheduled to re-open
to IFQ scallop vessels on March 1, 2009.
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
March 1, 2009. The regulations at
§ 648.53(a)(8)(iii) require such action to
ensure that IFQ scallop vessels do not
exceed the 2008 annual TAC. The LAGC
scallop fishery opened for the fourth
quarter of the 2008 fishing year at 0001
hours on December 1, 2008. Data
indicating the IFQ scallop fleet has
landed all of the 2008 fourth 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
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. 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.
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
Dated: December 23, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–31126 Filed 12–24–08; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 080226310–81584–02]
RIN 0648–AU20
Fisheries of the Exclusive Economic
Zone Off Alaska; Revised Management
Authority for Dark Rockfish in the
Bering Sea and Aleutian Islands
Management Area and the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
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AGENCY:
SUMMARY: NMFS issues a final rule that
implements Amendment 73 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
Amendment 77 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (collectively,
Amendments 73/77). Amendments
73/77 remove dark rockfish (Sebastes
ciliatus) from both fishery management
plans (FMPs). The State of Alaska
(State) will assume management of dark
rockfish catch by State-permitted
vessels in the Bering Sea and Aleutian
Islands Management Area and the Gulf
of Alaska, in addition to its existing
authority in State waters. This action is
necessary to allow the State to
implement more responsive, regionally
based management of dark rockfish than
is currently possible under the FMPs.
This action will improve conservation
and management of dark rockfish and
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMPs, and other applicable laws.
DATES: Effective January 30, 2009.
ADDRESSES: Copies of Amendments
73/77 and the Environmental
Assessment/Regulatory Impact Review/
Final Regulatory Flexibility Analysis
(EA/RIR/FRFA) prepared for this action
are available from the NMFS Alaska
Region, P.O. Box 21668, Juneau, AK
99802, or from the Alaska Region NMFS
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16:52 Dec 30, 2008
Jkt 217001
Web site at https://
alaskafisheries.noaa.gov/regs/analyses/.
FOR FURTHER INFORMATION CONTACT:
Thomas Pearson, 907–481–1780.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
exclusive economic zone of the Bering
Sea and Aleutian Islands Management
Area (BSAI) and the Gulf of Alaska
(GOA) under the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
and the Fishery Management Plan for
Groundfish of the Gulf of Alaska
(FMPs). The North Pacific Fishery
Management Council (Council)
prepared the FMPs under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq. Regulations governing U.S.
fisheries and implementing the FMPs
appear at 50 CFR parts 600 and 679.
Background
In April 2007, the Council
recommended Amendment 73 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
Amendment 77 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (Amendments 73/77).
Amendments 73/77 would remove dark
rockfish (Sebastes ciliatus) from the
FMPs. Dark rockfish currently are
managed as part of the ‘‘other rockfish’’
complex in the BSAI and as part of the
pelagic shelf rockfish (PSR) complex in
the GOA. The Council recommended
removal of dark rockfish from the FMPs
for the following reasons: (1) In 2004,
dark rockfish was identified as a
separate rockfish species, (2) data in the
stock assessments for the PSR complex
in the GOA and the ‘‘other rockfish’’
complex in the BSAI are predominantly
from dusky rockfish, not dark rockfish,
(3) dark rockfish are distributed in
nearshore habitats that are not
specifically assessed by the NMFS trawl
surveys, (4) there is a possibility of
overfishing dark rockfish in local areas
given the relatively high total allowable
catch (TAC) for the PSR and ‘‘other
rockfish’’ complexes as a whole, and (5)
the removal of dark rockfish from the
FMPs will allow the State of Alaska
(State) to assume management authority
for dark rockfish catch by Statepermitted vessels in Federal waters off
Alaska, in addition to its existing
authority in State waters and to
implement more responsive, regionally
based management of dark rockfish than
is possible under the FMPs. The State of
Alaska has expressed its intent to
assume management of dark rockfish
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80307
after NMFS provides them with the
authority to do so.
Detailed information on the
management background and need for
action is in the preamble to the
proposed rule (73 FR 55010, September
24, 2008). A Notice of Availability
(NOA) of the FMP amendments was
published in the Federal Register on
September 17, 2008 (73 FR 53816).
Comments on both the proposed rule
and NOA were invited through
November 17, 2008. One comment was
received and is described and
responded to below. Amendments 73/77
to the FMPs were approved by the
Secretary of Commerce on December 15,
2008.
Comments and Responses
NMFS received one comment. The
comment did not indicate whether it
was in response to the notice of
availability for Amendments 73/77 or
the proposed rule.
Comment 1: The commenter opposed
turning over management of dark
rockfish to the State of Alaska because
of his or her general concerns about the
State’s management of all natural
resources under its authority. The
commenter also expressed general
opposition to NMFS’s management of
fishery resources off Alaska.
Response: NMFS disagrees with the
commenter that management of dark
rockfish should not be turned over to
the State. In addition to the reasons
described above that the Council
recommended removal of dark rockfish
from the FMPs, the State also has
demonstrated its ability to manage
rockfish species previously removed
from the FMPs for similar reasons. Black
rockfish was removed from the FMPs
and management was turned over to the
State in 1998. Some of the management
measures that the State has
implemented for black rockfish in the
GOA include development of a fishery
management plan specifically
addressing black rockfish and
management measures designed to
prevent localized depletion of black
rockfish. These management measures
include smaller area guideline harvest
levels, lower total guideline harvest
levels compared to what the total
allowable catch would have been under
the Federal FMPs, and lower maximum
retainable amounts than would have
been in effect under Federal regulations.
The State also has undertaken research
to assess the status of black rockfish
stocks in the GOA that the Federal
government likely would not have been
able to do if it had retained management
of black rockfish. NMFS and the
Council expect the State to manage dark
E:\FR\FM\31DER1.SGM
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Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80306-80307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31126]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070817467-8554-02]
RIN 0648-XM40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Closure of the Limited Access General Category Scallop
Fishery to Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the Limited Access General Category (LAGC)
Scallop Fishery is closed to individual fishing quota (IFQ) scallop
vessels as of 0001 hrs local time, December 31, 2008. This fishery will
re-open on March 1, 2009. This action is based on the determination
that the annual scallop total allowable catch (TAC) for LAGC IFQ
scallop vessels (including vessels issued an IFQ letter of
authorization (LOA) to fish under appeal), is projected to be landed.
This action is being taken to prevent IFQ scallop vessels from
exceeding the 2008 annual TAC, in accordance with the regulations
implementing Amendment 11 to the Atlantic Sea Scallop Fishery
Management Plan (FMP), enacted by Framework 19 to the FMP, and the
Magnuson-Stevens Fishery Conservation and Management Act.
DATES: The closure of the LAGC fishery to all IFQ scallop vessels is
effective 0001 hrs local time, December 31, 2008, through February 28,
2009.
FOR FURTHER INFORMATION CONTACT: Cheryl McGarrity, Fishery Management
Specialist, (978) 281-9174, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the LAGC fishery authorize vessels issued a valid IFQ scallop permit to
fish in the LAGC fishery under specific conditions, including a TAC
(see 50 CFR 648.59, 648.60, and 648.53(a)(8)(iii)). The TACs were
established by the final rule that implemented Framework 19 to the FMP
(73 FR 30790 May 29, 2008) and included an annual TAC of 4,352,500 lb
(1,974,261 kg) that may be landed by IFQ vessels during the 2008
fishing year, approximately 178,000 lb (80,739 kg) of which was
remaining for harvest at the beginning of the fourth quarter. The
regulations at Sec. 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), it is projected that, given current
activity levels by IFQ scallop vessels in the area, 4,352,500 lb
(1,974,261 kg) will have been landed by December 30, 2008. Therefore,
in accordance with the regulations at Sec. 648.53(a)(8)(iii), the LAGC
scallop fishery is closed to all general IFQ vessels as of 0001 hr
local time December 31, 2008. Accordingly, this closure is in effect
for the remainder of the fourth quarter of the 2008 scallop fishing
year. 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 fourth quarter, ending on
February 28, 2009. The LAGC scallop fishery is scheduled to re-open to
IFQ scallop vessels on March 1, 2009.
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 March 1, 2009. The regulations at Sec. 648.53(a)(8)(iii)
require such action to ensure that IFQ scallop vessels do not exceed
the 2008 annual TAC. The LAGC scallop fishery opened for the fourth
quarter of the 2008 fishing year at 0001 hours on December 1, 2008.
Data indicating the IFQ scallop fleet has landed all of the 2008 fourth
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
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. 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.
[[Page 80307]]
Dated: December 23, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-31126 Filed 12-24-08; 4:15 pm]
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