Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 52795 

■ e. Redesignate existing paragraphs (e) 

and (f) as paragraphs (f) and (g) and add 

new paragraph (e) to read as follows: 

§ 10.465 Requirements for licenses as 

mate (pilot) of towing vessels. 

(a) * * * Time of service 

requirements as an apprentice mate 

(steersman) of towing vessels may be 

reduced by an amount equal to the time 

specified in the approval letter for the 

completed Coast Guard-approved 

training programs. 

TABLE 10.465–1—REQUIREMENTS FOR LICENSE AS MATE (PILOT 1) OF TOWING VESSELS

1 2 3 4 5 6 7 

Route endorsed Total 

service 2

TOS3 on T/V as 

apprentice mate 

(steersman) 5

TOS3 on 

particular 

route 

TOAR 4 or an 

approved 

course 

30 days of observation and 

training while holding 

master (limited) and pass 

a limited examination 

Subordinate 

route authorized 

(1) OCEANS (O) ................ 30 12 of 30 ................. 3 of 12 ......... YES ............. YES .................................... NC, GL–I 

(2) NEAR-COASTAL (NC) 30 12 of 30 ................. 3 of 12 ......... YES ............. YES .................................... GL–I 

(3) GREAT LAKES-INLAND 

(GL–I).

30 12 of 30 ................. 3 of 12 ......... YES ............. YES.

(5) WESTERN RIVERS 

(WR).

30 12 of 30 ................. 3 of 12 ......... YES ............. NO (90-days service required).

1For all inland routes, as well as Western Rivers, the license as pilot of towing vessels is equivalent to that as mate of towing vessels. All 

qualifications and equivalencies are the same. 2Service is in months unless otherwise indicated. 

3TOS is time of service. 

4TOAR is Towing Officers’ Assessment Record. 5Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified 

in the approval letter for a completed Coast Guard-approved training program. 

* * * * * 

(d) * * * 

(1) Have a minimum of 30 days of 

training and observation on towing 

vessels for the route being assessed, 

except as noted in paragraph (b) of this 

section; and 

* * * * * 

(e) If you hold any license as a master 

of steam or motor vessels of any tonnage 

that is 200 GRT or less, except for the 

limited masters’ licenses specified in 46 

CFR 10.429 and 10.456, then you may 

obtain an endorsement as mate (pilot) of 

towing vessels by meeting the following 

requirements: 

(1) Providing proof of 36 months of 

service as a master under the authority 

of a license described in paragraph (e) 

of this section; 

(2) Successfully completing the 

appropriate TOAR; 

(3) Successfully completing the 

appropriate apprentice mate exam; and 

(4) Having a minimum of 30 days of 

training and observation on towing 

vessels for the route being assessed, 

except as noted in paragraph (b) of this 

section. 

* * * * * 

§ 10.480 [Amended] 

■ 5. Amend § 10.480 as follows: 

■ a. In paragraph (f), remove ‘‘Except as 

provided by paragraph (k) of this 

section,’’; and 

■ b. Remove paragraphs (g) and (k), and 

redesignate paragraphs (h), (i), and (j) as 

(g), (h), and (i), respectively. 

PART 15—MANNING REQUIREMENTS 

■ 6. Revise the authority citation for part 

15 to read as follows: 

Authority: 46 U.S.C. 2101, 2103, 3306, 

3703, 8101, 8102, 8103, 8104, 8105, 8301, 

8304, 8502, 8503, 8701, 8702, 8901, 8902, 

8903, 8904, 8905(b), 8906 and 9102; and 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 6. In § 15.815—

■ a. In paragraphs (a), (b), and (c), 

remove the words ‘‘a valid 

endorsement’’ and add, in their place, 

the words ‘‘an endorsement’’; and 

■ b. Add new paragraphs (d) and (e) to 

read as follows: 

§ 15.815 Radar observers. 

* * * * * 

(d) Each person who is required to 

hold a radar endorsement must have 

their certificate of training readily 

available to demonstrate that the 

endorsement is still valid. 

(e) For the purposes of this section, 

‘‘readily available’’ means that the 

mariner must carry the original 

certificate of training or a notarized 

copy thereof onboard. Alternatively, the 

mariner must provide a copy of the 

certificate of training to the requesting 

entity within 48 hours. The requested 

material may be delivered either 

physically, electronically, or by 

facsimile. 

Dated: August 27, 2008. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Marine Safety, Security & 

Stewardship. 

[FR Doc. E8–21118 Filed 9–10–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0808211134–81140–01] 

RIN 0648–AX21 

Pacific Halibut Fisheries; Guided Sport 

Charter Vessel Fishery for Halibut 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS withdraws regulations 

that placed limits on charter vessel 

anglers, including a one-halibut daily 

bag limit in International Pacific Halibut 

Commission Area 2C. The U.S. District 

Court for the District of Columbia issued 

a Temporary Restraining Order (TRO) 

on June 10, 2008 (amended on June 13, 

2008), and a Preliminary Injunction (PI) 

on June 20, 2008, enjoining and 

restraining NMFS from giving any effect 

to or otherwise taking any action to 

enforce the one-halibut daily bag limit 

restriction for charter vessel anglers. 


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52796 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 

The TRO (as amended) and the PI direct 

that the daily bag limit should revert to 

the two-fish daily bag limit with one 

fish no more than 32 inches (81.3 cm) 

head-on length that was in place prior 

to the one-fish daily bag limit. This 

action ensures that regulatory text 

provides accurate information to the 

regulated public. The intended effect is 

to make regulatory requirements 

consistent with a duly issued court 

order. 

DATES: Effective September 8, 2008. 

ADDRESSES: Copies of the 

Environmental Assessment (EA), 

Regulatory Impact Review (RIR), Initial 

Regulatory Flexibility Analysis (IRFA), 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for the action 

withdrawn by this rule and a copy of 

the Categorical Exclusion prepared for 

this rule may be obtained from NMFS 

Alaska Region, P.O. Box 21668, Juneau, 

Alaska 99802, Attn: Ellen Sebastian, and 

on the NMFS Alaska Region website at 

http://alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Julie 

Scheurer or Jay Ginter, (907) 586–7228. 

SUPPLEMENTARY INFORMATION: The 

International Pacific Halibut 

Commission (IPHC) and NMFS manage 

fishing for Pacific halibut (Hippoglossus 

stenolepis) through regulations 

established under the authority of the 

Northern Pacific Halibut Act of 1982, 16 

U.S.C. 773–773k. (Halibut Act). The 

IPHC promulgates regulations governing 

the Pacific halibut fishery under the 

Convention between Canada and the 

United States of America for the 

Preservation of the Halibut Fishery of 

the Northern Pacific Ocean and Bering 

Sea (Convention), signed in Ottawa, 

Ontario, on March 2, 1953, as amended 

by a Protocol Amending the 

Convention, signed in Washington, DC, 

on March 29, 1979. Regulations 

developed by the IPHC are subject to 

approval by the Secretary of State with 

concurrence of the Secretary of 

Commerce (Secretary). After approval 

by the Secretary of State and 

concurrence by the Secretary, the IPHC 

regulations are published in the Federal 

Register as annual management 

measures pursuant to 50 CFR 300.62. 

The Halibut Act at section 773c(c) 

authorizes the Regional Fishery 

Management Council that has the 

authority for the geographic area 

concerned to develop regulations, 

subject to approval by the Secretary. 

These regulations are in addition to, and 

cannot conflict with, regulations 

recommended by the IPHC and 

approved by the Secretary of State. The 

North Pacific Fishery Management 

Council (Council) has the authority for 

the waters off Alaska. The Council has 

exercised its authority under the Halibut 

Act, most notably in the development of 

the Individual Fishing Quota (IFQ) 

Program, codified at 50 CFR part 679, 

and subsistence halibut fishery 

measures, codified at 50 CFR 300.65. 

The Halibut Act at sections 773c(a) 

and (b) provides the Secretary with the 

general responsibility to carry out the 

Convention with the authority to, in 

consultation with the Secretary of the 

department in which the Coast Guard is 

operating (currently the Secretary of 

Homeland Security), adopt such 

regulations as may be necessary to carry 

out the purposes and objectives of the 

Convention and the Halibut Act. 

Actions by NMFS are under delegated 

authority of the Secretary. 

The Council, at its June 2007 meeting 

in Sitka, Alaska, initiated action to 

develop regulations to limit charter 

vessel angler catch to the guideline 

harvest level (GHL) for 2008. The GHL 

is an amount determined by taking the 

Annual Total Constant Exploitation 

Yield for Pacific halibut, which is the 

target amount of allowable mortality for 

a given area as determined by the IPHC, 

and comparing that to various levels in 

the table at 50 CFR 300.65(c)(1). After 

the appropriate yield is found in the 

table, a corresponding GHL amount can 

be determined. In June 2007, the GHL 

was at 1,432,000 lb (649.5 mt), and 

management measures had already been 

put into place to limit charter vessel 

angler catch. However, forecasts of the 

2008 Annual Total Constant 

Exploitation Yield indicated that a 

potential reduction in that amount 

might be sufficient to reduce the Annual 

Total Constant Exploitation Yield to a 

lower level in the table at 50 CFR 

300.65(c)(1), thus resulting in a lower 

corresponding GHL. Based on that 

information, the Council recommended 

that two alternative regulatory options 

be proposed, one option (Option A) to 

accommodate a GHL that would be the 

same as the one in 2007, and one option 

(Option B) to accommodate a lower 

GHL. 

On December 31, 2007, NMFS 

published a proposed rule (72 FR 

74257) that included the two options as 

explained above. The comment period 

for that proposed rule ended on January 

30, 2008. On February 5, 2008, NMFS 

published a notice (73 FR 6709) 

pursuant to 50 CFR 300.65(c) indicating 

that the 2008 GHL for IPHC Area 2C was 

931,000 lb (422.3 mt), based on the 2008 

Annual Total Constant Exploitation 

Yield and the corresponding GHL in the 

table at 50 CFR 300.65(c)(1). The 2008 

GHL was lower than the 2007 GHL. 

Based on information in the analysis 

that accompanied the proposed rule, 

NMFS published a final rule on May 28, 

2008 (73 FR 30504), with management 

measures sufficient to limit the charter 

vessel angler catch to an amount close 

to the 2008 GHL (i.e., Option B, or the 

lower GHL scenario in the proposed 

rule). These management measures 

included a one-halibut daily bag limit 

for charter vessel anglers in IPHC Area 

2C. 

On June 2, 2008, various members of 

the charter vessel halibut fishery, 

including lodge owners and charter 

vessel owners in Southeast Alaska 

(Plaintiffs), brought action requesting a 

TRO against enforcement of the onehalibut daily bag limit (Van Valin, et al. 

v. Gutierrez, Civil Action No. 1:08–cv–

941). On June 10, 2008, the U.S. District 

Court for the District of Columbia 

determined that the Plaintiffs had met 

their burden for the issuance of a TRO 

and granted the order (Order to Grant 

the Plaintiffs Motion for a Temporary 

Restraining Order, issued June 10, 2008, 

and Amended Order, issued June 13, 

2008). On June 20, 2008, the Court 

issued a PI enjoining NMFS from 

enforcing its one-halibut daily bag limit. 

The Court determined that the Plaintiffs 

had met the burden for granting a PI, 

including demonstrating a likelihood of 

success on the merits of their claims. 

Based on the TRO and the PI 

invalidating the one-halibut daily bag 

limit, and the decreasing level of 

effectiveness of any management 

measures as the fishing season 

approaches its end (the majority of 

halibut is caught during June, July, and 

August), NMFS has decided to 

withdraw its regulations at 50 CFR part 

300 that were published on May 28, 

2008 (73 FR 30504). 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule complies with the 

Halibut Act and the Secretary’s 

authority to implement allocation 

measures for the management of the 

Pacific halibut fishery. 

An Initial Regulatory Flexibility 

Analysis (IRFA) and a Final Regulatory 

Flexibility Analysis (FRFA) were 

prepared for the regulations that are 

withdrawn by this final rule. The IRFA 

and FRFA described the economic 

impact the withdrawn regulations 

would have had on directly regulated 

small entities compared with the status 

quo. The status quo evaluated in those 

analyses depicts the economic and 

regulatory conditions that will be in 

effect when the action is withdrawn. 

Summary descriptions of the IRFA and 


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Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 52797 

FRFA are contained in the proposed 

rule published December 31, 2007 (72 

FR 74257) and the final rule published 

May 28, 2008 (73 FR 30504), 

respectively. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause to 

waive notice and public procedure on 

this action because it is contrary to the 

public interest, as provided by 5 U.S.C. 

553(b)(B). This action ensures that 

regulatory text provides accurate 

information to the regulated public 

consistent with a duly issued court 

order. No alternative exists to 

compliance with the court order; 

therefore, opportunity for public 

comment would have no effect other 

than to slow the process of making the 

affected regulations consistent with the 

court order. The public would be best 

served by having accurate information 

in regulatory text immediately. 

Furthermore, the Assistant 

Administrator for Fisheries waives the 

30-day delayed effectiveness period, as 

provided by 5 U.S.C. 553(d)(3) for the 

reasons stated above and because the 

impacts of this action (primarily the 

removal of a one-halibut daily bag limit 

for charter anglers in Area 2C) is already 

effective based on the court order and 

this will bring the codified regulations 

into compliance with currently effective 

bag limits. These waivers make the rule 

effective immediately upon filing with 

the Office of the Federal Register. 

Because notice and comment is not 

required, no additional regulatory 

flexibility analysis is required, and none 

has been prepared. 

List of Subjects in 50 CFR Part 300 

Fisheries, Fishing, Reporting and 

recordkeeping requirements, Treaties. 

Dated: September 8, 2008. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

300 as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for 50 CFR 

part 300, subpart E, continues to read as 

follows: 

Authority: 16 U.S.C. 773–773k. 

§ 300.61 [Amended] 

■ 2. In § 300.61, remove definitions for 

‘‘Area 3A’’, ‘‘Charter vessel angler’’, 

‘‘Charter vessel fishing trip’’, ‘‘Charter 

vessel guide’’, ‘‘Charter vessel operator’’, 

‘‘Charter vessel services’’, ‘‘Crew 

member’’, and ‘‘Sport fishing guide 

services’’. 

■ 3. In § 300.65, revise paragraph (d) to 

read as follows: 

§ 300.65 Catch sharing plan and domestic 

management measures in waters in and off 

Alaska. 

* * * * * 

(d) In Commission Regulatory Area 

2C, halibut harvest on a charter vessel 

is limited to no more than two halibut 

per person per calendar day provided 

that at least one of the harvested halibut 

has a head-on length of no more than 32 

inches (81.3 cm). If a person sport 

fishing on a charter vessel in Area 2C 

retains only one halibut in a calendar 

day, that halibut may be of any length. 

* * * * * 

■ 4. In § 300.66, remove paragraphs (n), 

(o), and (p), and revise paragraph (m) to 

read as follows: 

§ 300.66 Prohibitions. 

* * * * * 

(m) Possess halibut onboard a charter 

vessel in Area 2C that has been 

mutilated or otherwise disfigured in a 

manner that prevents the determination 

of size or number of fish, 

notwithstanding the requirements of the 

Annual Management Measure 25(2) and 

(7) (as promulgated in accordance with 

§ 300.62 and relating to Sport Fishing 

for Halibut). Filleted halibut may be 

possessed onboard the charter vessel 

provided that the entire carcass, with 

the head and tail connected as a single 

piece, is retained onboard until all 

fillets are offloaded. 

[FR Doc. E8–21131 Filed 9–8–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XK38 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod 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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels greater than or 

equal to 60 feet (≥ 18.3 meters (m)) 

length overall (LOA) using hook-andline gear and Pacific cod from vessels 

using jig gear to catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2008 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective September 8, 2008, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2008. 

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. 

The 2008 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (≥ 18.3 m) LOA using hookand-line gear in the BSAI is 153 metric 

tons (mt) as established by the final 

2008 and 2009 harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008) and reallocation on 

August 28, 2008 (73 FR 51243, 

September 2, 2008). 

The 2008 Pacific cod TAC specified 

for vessels using jig gear in the BSAI is 

684 metric tons (mt) as established by 

the final 2008 and 2009 harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

and reallocations on February 28, 2008 

(73 FR 11562, March 4, 2008), April 10, 

2008 (73 FR 19748, April 11, 2008), and 

August 19, 2008 (73 FR 49962, August 

25, 2008). 

The Acting Administrator, Alaska 

Region, NMFS, has determined that 

catcher vessels greater than or equal to 

60 feet (≥ 18.3 m) length LOA using 

hook-and-line gear will not be able to 

harvest 153 mt and vessels using jig gear 

will not be able to harvest 424 mt of the 

2008 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS allocates 

153 mt of Pacific cod from the catcher 

vessels greater than or equal to 60 feet 

(≥ 18.3 m) length LOA using hook-andline gear allocation and 424 mt from the 

jig gear allocation to catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. 


rmajette on PRODPC74 with RULES