Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area, 7332 [E9-3290]

Download as PDF 7332 Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Rules and Regulations queried by a specific TVBD or model of TVBDs. (k) If more than one database is developed, the database administrators shall cooperate to develop a standardized process for providing on a daily basis or more often, as appropriate, the data collected for the facilities listed in § 15.713(b)(2) to all other TV bands databases to ensure consistency in the records of protected facilities. jlentini on PROD1PC65 with RULES § 15.717 TVBDs that rely on spectrum sensing. 18:52 Feb 13, 2009 Jkt 217001 [Docket No. 071106673–8011–02] vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In accordance with § 679.22(a)(7)(i)(C), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 113 metric tons of Pacific cod have been caught by catcher vessels <60 ft LOA using jig or hook-and-line gear in the Bogoslof exemption area described at § 679.22(a)(7)(i)(C)(1). Consequently, the Regional Administrator is prohibiting directed fishing for Pacific cod by catcher vessels < 60 ft (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. RIN 0648–XN00 Classification Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area 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 closure of Pacific cod by catcher vessels <60 ft LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 10, 2009. 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 § 679.22 and is exempt from review under Executive Order 12866. [FR Doc. E9–3279 Filed 2–13–09; 8:45 am] BILLING CODE 6712–01–P (a) Parties may submit applications for certification of TVBDs that rely solely on spectrum sensing to identify available channels. Devices authorized under this section must demonstrate with an extremely high degree of confidence that they will not cause harmful interference to incumbent radio services. (1) In addition to the procedures in subpart J of part 2 of this chapter, applicants shall comply with the following. (i) The application must include a full explanation of how the device will protect incumbent authorized services against interference. (ii) Applicants must submit a preproduction device, identical to the device expected to be marketed. (2) The Commission will follow the procedures below for processing applications pursuant to this section. (i) Applications will be placed on public notice for a minimum of 30 days for comments and 15 days for reply comments. Applicants may request that portions of their application remain confidential in accordance with § 0.459 of this chapter. This public notice will include proposed test procedures and methodologies. (ii) The Commission will conduct laboratory and field tests of the preproduction device. This testing will be conducted to evaluate proof of performance of the device, including characterization of its sensing capability and its interference potential. The testing will be open to the public. (iii) Subsequent to the completion of testing, the Commission will issue by public notice, a test report including recommendations. The public notice will specify a minimum of 30 days for comments and, if any objections are received, an additional 15 days for reply comments. (b) The device shall meet the requirements for personal/portable devices in this subpart except that it will be limited to a maximum EIRP of 50 mw and it does not have to comply with the requirements for geo-location VerDate Nov<24>2008 and database access in § 15.711(b). Compliance with the detection threshold for spectrum sensing in § 15.711(c), although required, is not necessarily sufficient for demonstrating reliable interference avoidance. Once a device is certified, additional devices that are identical in electrical characteristics and antenna systems may be certified under the procedures of part 2, subpart J of this chapter. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels <60 ft LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 13, 2009, through 2400 hrs, A.l.t., December 31, 2009. 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. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. Dated: February 11, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–3290 Filed 2–11–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\17FER1.SGM 17FER1

Agencies

[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Rules and Regulations]
[Page 7332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XN00


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig 
or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the 
Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) length overall (LOA) using 
jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the limit of Pacific cod for catcher 
vessels <60 ft LOA using jig or hook-and-line gear in the Bogoslof 
Pacific cod exemption area in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 13, 
2009, through 2400 hrs, A.l.t., December 31, 2009.

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.
    In accordance with Sec.  679.22(a)(7)(i)(C), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that 113 
metric tons of Pacific cod have been caught by catcher vessels <60 ft 
LOA using jig or hook-and-line gear in the Bogoslof exemption area 
described at Sec.  679.22(a)(7)(i)(C)(1). Consequently, the Regional 
Administrator is prohibiting directed fishing for Pacific cod by 
catcher vessels < 60 ft (18.3 m) LOA using jig or hook-and-line gear in 
the Bogoslof Pacific cod exemption area.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 closure of Pacific cod by catcher vessels <60 ft LOA 
using jig or hook-and-line gear in the Bogoslof Pacific cod exemption 
area. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of February 10, 2009.
    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.  679.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 11, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3290 Filed 2-11-09; 4:15 pm]
BILLING CODE 3510-22-S