33924 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Rules and Regulations 

Changes From the Proposed Rule 

There was one comment received in 

support of the proposed rule, and there 

are no substantive changes to the 

proposed rule. Additional language was 

added to the final rule, to clarify that 

scallop dredge vessels that land an 

incidental catch of monkfish within 

these new scallop exemptions, who do 

not currently possess a monkfish 

permit, must obtain a monkfish open 

access Incidental Catch permit. 

Classification 

NMFS has determined that this final 

rule is consistent with the FMP and has 

determined that it is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. There 

are no Federal rules that duplicate, 

overlap, or conflict with the final rule. 

This action creates three scallop 

exemptions for General Category scallop 

vessels, or limited access scallop vessels 

not fishing on a DAS allocation, 

identical to the current scallop 

exemptions, with the addition of an 

incidental catch of monkfish. This 

action was categorically excluded under 

the National Environmental Policy Act, 

as an action that includes minor 

technical additions, corrections, or 

changes to an FMP. 

The economic impacts of the action 

are expected to be minimal and positive. 

This action allows the General Category 

scallop fleet, while fishing under a 

scallop exemption, to land up to 50 lb 

(23 kg) tail weight or 166 lb (75 kg) 

whole weight of monkfish per trip, in 

addition to scallops. This allows the 

fleet to utilize these resources in a 

manner consistent with the bycatch and 

mortality objectives of the FMP. This 

action allows a small incidental catch of 

monkfish, and as such is expected to 

minimally increase revenues for scallop 

dredge vessels fishing under the General 

Category permit provisions. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the action a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide was prepared. Copies 

of the guide will be sent to all holders 

of commercial Federal scallop permits. 

The guide will also be available on the 

internet at http://www.nero.noaa.gov. 

Copies of the guide can also be obtained 

from the Regional Administrator (see 

ADDRESSES). 

Reporting and Recordkeeping 

Requirements 

This action does not contain an 

additional collection-of-information 

requirement subject to review by the 

Office of Management and Budget under 

the Paperwork Reduction Act. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: June 11, 2008. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

■ For the reasons stated in the preamble, 

50 CFR part 648 is amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.80, paragraphs (a)(8)(iv) 

introductory text, (a)(11)(i)(A), 

(a)(18)(ii)(A), and (b)(11)(ii)(A) are 

revised to read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(a) * * * 

(8) * * * 

(iv) Unless otherwise specified within 

the exempted fisheries authorized under 

this paragraph (a)(8), incidental catch is 

restricted, at a minimum, to the 

following: 

* * * * * 

(11) * * * 

(i) * * * 

(A) A vessel fishing in the GOM 

Scallop Dredge Fishery Exemption Area 

specified in this paragraph (a)(11) may 

not fish for, possess on board, or land 

any species of fish other than Atlantic 

sea scallops and up to 50 lb (23 kg) tail 

weight or 166 lb (75 kg) whole weight 

of monkfish per trip. 

* * * * * 

(18) * * * 

(ii) * * * 

(A) A vessel fishing in the Great South 

Channel Scallop Dredge Exemption 

Area specified in this paragraph (a)(18) 

may not fish for, possess on board, or 

land any species of fish other than 

Atlantic sea scallops and up to 50 lb (23 

kg) tail weight or 166 lb (75 kg) whole 

weight of monkfish per trip. 

* * * * * 

(b) * * * 

(11) * * * 

(ii) * * * 

(A) A vessel fishing in the SNE 

Scallop Dredge Exemption Area may not 

fish for, posses on board, or land any 

species of fish other than Atlantic sea 

scallops and up to 50 lb (23 kg) tail 

weight or 166 lb (75 kg) whole weight 

of monkfish per trip. 

* * * * * 

[FR Doc. E8–13492 Filed 6–13–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071030625–7696–02] 

RIN 0648–XI40 

Fisheries of the Northeastern United 

States; Scup Fishery; Commercial 

Quota Harvested for 2008 Summer 

Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the scup commercial coastwide 

fishery from Maine through North 

Carolina for the Summer Period. 

Regulations governing the scup fishery 

require publication of this notification 

to advise the coastal states from Maine 

through North Carolina that this quota 

has been harvested and to advise 

Federal vessel permit holders and 

Federal dealer permit holders that no 

commercial quota is available for 

landing scup in these states. Federally 

permitted commercial vessels may not 

land scup in these states for the 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Rules and Regulations 33925 

remainder of the 2008 Summer quota 

period (through October 31, 2008). 

DATES: Effective June 16, 2008, through 

October 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the scup fishery 

are found at 50 CFR part 648. The 

regulations at § 648.121 require the 

Regional Administrator to monitor the 

commercial scup quota for each quota 

period and, based upon dealer reports, 

state data, and other available 

information, to determine when the 

commercial quota for a period has been 

harvested. NMFS is required to publish 

a notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the scup 

commercial quota has been harvested 

and no commercial quota is available for 

landing scup for the remainder of the 

Summer Period. Based upon recent 

projections, the Regional Administrator 

has determined that the Federal 

commercial quota of 1,437,588 lb (652 

mt) for the 2008 Summer Period will be 

fully harvested by or before October 31, 

2008. To maintain the integrity of the 

2009 Summer Period quota by avoiding 

or minimizing quota overages, the 

commercial scup fishery will close for 

the remainder of the Summer Period 

(through October 31, 2008) in Federal 

waters, effective as of the date specified 

above (see DATES). 

Section 648.4(b) provides that Federal 

scup moratorium permit holders agree, 

as a condition of the permit, not to land 

scup in any state after NMFS has 

published a notification in the Federal 

Register stating that the commercial 

quota for the period has been harvested 

and that no commercial quota for scup 

is available. Therefore, effective 0001 

hours, June 16, 2008, further landings of 

scup by vessels holding Federal scup 

moratorium permits are prohibited 

through October 31, 2008. Effective 

0001 hours, June 16, 2008, federally 

permitted dealers are also advised that 

they may not purchase scup from 

federally permitted vessels that land in 

coastal states from Maine through North 

Carolina for the remainder of the 

Summer Period (through October 31, 

2008). The Winter II Period for 

commercial scup harvest will open on 

November 1, 2008. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: June 10, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1357 Filed 6–11–08; 3:23 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

RIN 0648–AW37 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands King and Tanner 

Crabs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; agency decision. 

SUMMARY: NMFS announces the 

approval of Amendment 24 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP). Amendment 24 specifies a 

five-tier system for determining the 

status of the crab stocks managed under 

the FMP, establishes a process for 

annually assigning each crab stock to a 

tier and for setting the overfishing and 

overfished levels, and reduces the 

number of crab stocks managed under 

the FMP. Amendment 24 is necessary to 

establish new overfishing definitions 

that contain objective and measurable 

criteria for determining whether each 

managed stock is overfished or whether 

overfishing is occurring and to remove 

from the FMP several crab stocks 

managed by the State of Alaska. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: This agency decision is effective 

June 6, 2008. 

ADDRESSES: Copies of Amendment 24 

and the Environmental Assessment (EA) 

for this action may be obtained from the 

NMFS Alaska Region at the address 

above or from the Alaska Region website 

at http://www.fakr.noaa.gov/

sustainablefisheries.htm. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Harrington, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each regional fishery management 

council submit any Fishery 

Management Plan (FMP) amendment it 

prepares to NMFS for review and 

approval, disapproval, or partial 

approval by the Secretary of Commerce. 

The Magnuson-Stevens Act also 

requires that NMFS, upon receiving an 

FMP amendment, immediately publish 

a notice in the Federal Register 

announcing that the amendment is 

available for public review and 

comment. 

The North Pacific Fishery 

Management Council (Council) 

submitted Amendment 24 to the FMP to 

NMFS on March 6, 2008. The notice of 

availability for Amendment 24 was 

published in the Federal Register on 

March 19, 2008 (73 FR 14766). The 

public comment period closed on May 

19, 2008. NMFS received 1 public 

comment and considered this comment 

in determining whether to approve this 

FMP amendment. NMFS has 

summarized and responded to the 

public comment received in this notice 

under Public Comments, below. 

In December 2007, the Council 

unanimously recommended 

Amendment 24. Amendment 24 

satisfies the Magnuson-Stevens Act 

requirement that FMPs contain objective 

and measurable criteria for determining 

whether a stock is overfished, whether 

overfishing is occurring, and for 

rebuilding overfished stocks. Section 

301(a) of the Magnuson-Stevens Act 

establishes national standards for 

fishery conservation and management, 

and requires that all FMPs create 

management measures consistent with 

those standards. National Standard 1 

requires that conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the optimum yield 

from fisheries in federal waters. 

The Alaska Fisheries Science Center 

(AFSC) reviewed the proposed 

overfishing definitions in Amendment 

24 and supporting environmental 

assessment for compliance with 

guidelines provided for National 

Standards 1 and 2 in 50 CFR part 600. 

During this review, the AFSC 

recommended modifications to the 

amendment text to clarify the Council’s 

intent and comply with the MagnusonStevens Act. At its February 2008 

meeting, the Council adopted the FMP 

text for Amendment 24 which included 

the AFSC’s recommendations. On 

February 14, 2008, the AFSC certified 

that the proposed definitions (1) have 

sufficient scientific merit, (2) are likely 

to result in effective Council action to 

protect a managed stock from closely 

approaching or reaching an overfished 

status, (3) provide a basis for objective 

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