Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52929 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071030625–7696–02] 

RIN 0648–XK19 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for the 

State of New York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2008 summer flounder commercial 

quota allocated to the State of New York 

has been harvested. Vessels issued a 

commercial Federal fisheries permit for 

the summer flounder fishery may not 

land summer flounder in New York for 

the remainder of calendar year 2008, 

unless additional quota becomes 

available through a transfer from 

another state. Regulations governing the 

summer flounder fishery require 

publication of this notification to advise 

New York that the quota has been 

harvested and to advise vessel permit 

holders and dealer permit holders that 

no commercial quota is available for 

landing summer flounder in New York. 

DATES: Effective 0001 hours, September 

14, 2008, through 2400 hours, December 

31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.100. 

The initial total commercial quota for 

summer flounder for the 2008 calendar 

year was set equal to 9,462,001 lb (4,292 

mt) (72 FR 74197, December 31, 2007). 

The percent allocated to vessels landing 

summer flounder in New York is 

7.64699 percent, resulting in a 

commercial quota of 723,558 lb (328 

mt). The 2008 allocation was reduced to 

697,484 lb (316 mt) when research setaside and 2007 quota overages were 

deducted. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that New York has 

harvested its quota for 2008. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours, September 14, 2008, further 

landings of summer flounder in New 

York by vessels holding summer 

flounder commercial Federal fisheries 

permits are prohibited for the remainder 

of the 2008 calendar year, unless 

additional quota becomes available 

through a transfer and is announced in 

the Federal Register. Effective 0001 

hours, September 14, 2008, federally 

permitted dealers are also notified that 

they may not purchase summer flounder 

from federally permitted vessels that 

land in New York for the remainder of 

the calendar year, or until additional 

quota becomes available through a 

transfer from another state. 

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: September 8, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21347 Filed 9–11–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK43 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep-Water Species 

Fishery by Amendment 80 Vessels 

Subject to Sideboard Limits in 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 species that comprise the 

deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the Gulf of Alaska 

(GOA). This action is necessary because 

the fourth seasonal apportionment of 

the 2008 Pacific halibut prohibited 

species catch (PSC) limit specified for 

the deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 9, 2008, through 

1200 hrs, A.l.t., October 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. 

The fourth seasonal apportionment of 

the 2008 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery by Amendment 80 

vessels subject to sideboard limits in the 

GOA is 3 metric tons as established by 

the 2008 and 2009 harvest specifications 

for groundfish of the GOA (73 FR 10562, 

February 27, 2008), for the period 1200 

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

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

In accordance with 

§ 679.20(d)(1)(vi)(C)(1), the 

Administrator, Alaska Region, NMFS, 

has determined that the third seasonal 


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52930 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

apportionment of the 2008 Pacific 

halibut bycatch allowance specified for 

the deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

deep-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. For the 

Amendment 80 sideboards, the species 

and species groups that comprise the 

deep-water species fishery include 

sablefish, rockfish, deep-water flatfish, 

rex sole, and arrowtooth flounder, and 

do not include northern rockfish, Pacific 

ocean perch, and pelagic shelf rockfish 

in the Central 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 closure of the deep-water 

species fishery by Amendment 80 

vessels subject to sideboard limits using 

trawl gear in 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 September 8, 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: September 9, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21325 Filed 9–9–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK44 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow-Water 

Species by Vessels Using Trawl Gear 

in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for shallow-water species by 

vessels using trawl gear in the Gulf of 

Alaska (GOA) for 36 hours. This action 

is necessary to fully use the fourth 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in of the GOA. 

DATES: Effective 0800 hrs, Alaska local 

time (A.l.t.), September 10, 2008, 

through 2000 hrs, A.l.t., September 11, 

2008. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 24, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

XK44,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

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. 

NMFS prohibited directed fishing for 

shallow-water species by vessels using 

trawl gear in the GOA under 

§ 679.21(d)(7)(i) on September 3, 2008 

(73 FR 51601, September 4, 2008). 

NMFS has determined that 

approximately 134 mt remain in the 

fourth seasonal apportionment of the 

2008 Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the fourth seasonal 

apportionment of the 2008 Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

in the GOA, NMFS is terminating the 

previous closure and is opening 

directed fishing for trawl shallow-water 

species by vessels using trawl gear in 

the GOA. In accordance with 

§ 679.21(d)(7)(i), the Regional 

Administrator finds that the fourth 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA will be 

reached after 36 hours. Consequently, 

NMFS is prohibiting directed fishing for 

shallow-water species by vessels using 

trawl gear in the GOA, effective 2000 

hrs, A.l.t., September 11, 2008. 

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) and 50 CFR 

679.25(c)(1)(ii) 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 


ebenthall on PROD1PC60 with RULES