8228 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 

provide the additional information within 60 

days from receipt of such notification. If the 

additional information is not provided 

within 60 days, the application will be 

deemed abandoned. If the RA subsequently 

certifies the BRD, the RA will announce the 

certification in the Federal Register. 

IV. Decertification of BRDs 

The RA will decertify a BRD whenever 

NMFS determines a BRD no longer satisfies 

the bycatch reduction criterion. Before 

determining whether to decertify a BRD, the 

RA will notify the appropriate Fishery 

Management Council in writing, and the 

public will be provided an opportunity to 

comment on the advisability of any proposed 

decertification. The RA will consider any 

comments from the Council and public, and 

if the RA elects to proceed with 

decertification of the BRD, the RA will 

publish proposed and final rules in the 

Federal Register with a comment period of 

no less than 15 days on the proposed rule. 

A provisionally certified BRD is valid for 

use in the fishery for 2 years from the date 

of publication of a notice in the Federal 

Register. If no new data are submitted to 

indicate the efficiency of the BRD has been 

improved, the RA will remove the BRD from 

the list of provisionally certified BRDs. 

V. Interactions with Sea Turtles 

The following section is provided for 

informational purposes. Sea turtles are listed 

under the Endangered Species Act as either 

endangered or threatened. The following 

procedures apply to incidental take of sea 

turtles under 50 CFR 223.206(d)(1): 

‘‘Any sea turtles taken incidentally during 

the course of fishing or scientific research 

activities must be handled with due care to 

prevent injury to live specimens, observed 

for activity, and returned to the water 

according to the following procedures: 

(A) Sea turtles that are actively moving or 

determined to be dead (as described in 

paragraph (B)(4) below) must be released 

over the stern of the boat. In addition, they 

must be released only when fishing or 

scientific collection gear is not in use, when 

the engine gears are in neutral position, and 

in areas where they are unlikely to be 

recaptured or injured by vessels. 

(B) Resuscitation must be attempted on sea 

turtles that are comatose or inactive by: 

(1) Placing the turtle on its bottom shell 

(plastron) so that the turtle is right side up 

and elevating its hindquarters at least 6 

inches (15.2 cm) for a period of 4 to 24 hours. 

The amount of elevation depends on the size 

of the turtle; greater elevations are needed for 

larger turtles. Periodically, rock the turtle 

gently left to right and right to left by holding 

the outer edge of the shell (carapace) and 

lifting one side about 3 inches (7.6 cm) then 

alternate to the other side. Gently touch the 

eye and pinch the tail (reflex test) 

periodically to see if there is a response. 

(2) Sea turtles being resuscitated must be 

shaded and kept damp or moist but under no 

circumstance be placed into a container 

holding water. A water-soaked towel placed 

over the head, carapace, and flippers is the 

most effective method in keeping a turtle 

moist. 

(3) Sea turtles that revive and become 

active must be released over the stern of the 

boat only when fishing or scientific 

collection gear is not in use, when the engine 

gears are in neutral position, and in areas 

where they are unlikely to be recaptured or 

injured by vessels. Sea turtles that fail to 

respond to the reflex test or fail to move 

within 4 hours (up to 24, if possible) must 

be returned to the water in the same manner 

as that for actively moving turtles. 

(4) A turtle is determined to be dead if the 

muscles are stiff (rigor mortis) and/or the 

flesh has begun to rot; otherwise, the turtle 

is determined to be comatose or inactive and 

resuscitation attempts are necessary. 

Any sea turtle so taken must not be 

consumed, sold, landed, offloaded, 

transshipped, or kept below deck.’’

[FR Doc. E8–2679 Filed 2–12–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XF55 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processors Using Hook-andLine Gear 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processors using hook-and-line gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2008 Pacific 

cod total allowable catch (TAC) 

allocated to catcher processors using 

hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 8, 2008, through 

1200 hrs, A.l.t., June 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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 A season allowance of the 2008 

Pacific cod TAC allocated to catcher 

processors using hook-and-line gear in 

the BSAI is 27,979 metric tons (mt) as 

established by the 2007 and 2008 final 

harvest specifications for groundfish in 

the BSAI (72 FR 9451, March 2, 2007) 

and revision (72 FR 71802, December 

19, 2007). See § 679.20(a)(7)(ii)(A)(4), 

§ 679.20(a)(7)(iv)(A)(2), 

§ 679.20(c)(3)(iii), and § 679.20(c)(5). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

the A season allowance of the 2008 

Pacific cod directed fishing allowance 

allocated to catcher processors using 

hook-and-line gear in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher processors using hookand-line gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 processors using hook-and-line 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 6, 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 section 

679.20 and is exempt from review under 

Executive Order 12866. 

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


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 8229 

Dated: February 7, 2008. 

Emily H. Menashes, 

Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–640 Filed 2–7–08; 3:10 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XF57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for the A season allowance of the 

2008 Pacific cod sideboard limits 

apportioned to non-American Fisheries 

Act (AFA) crab vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2008 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 9, 2008, until 

1200 hrs, A.l.t., September 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of 2008 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA is 609 metric tons (mt) 

for the GOA, as established by the 2007 

and 2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007) and revision (73 FR 

1831, January 10, 2008). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2008 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 599 mt in the Gulf of 

Alaska. The remaining 10 mt in the Gulf 

of Alaska will be set aside as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 sideboard directed fishing 

closure of Pacific cod apportioned to 

non-AFA crab vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 7, 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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 8, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–652 Filed 2–8–08; 1:54 pm] 

BILLING CODE 3510–22–S 


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