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
52798 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

are revised as follows: 5,210 mt to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear, 0 

mt to catcher vessels ≥ 60 feet (18.3 m) 

LOA using hook-and-line gear, and 260 

mt to vessels using jig gear. 

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 reallocation of Pacific cod to 

catcher vessels using hook-and-line or 

pot gear. Since the fishery is currently 

open, it is important to immediately 

inform the industry as to the revised 

allocations. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 5, 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 8, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21122 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–XK39 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

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 Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to fully use the 2008 

total allowable catch (TAC) of Pacific 

cod allocated to catcher vessels less 

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

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 12, 2008, 

through 2400 hrs, A.l.t., December 31, 

2008. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 23, 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–

XK39,’’ 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 

BSAI exclusive economic zone 

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. 

NMFS prohibited directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI under 

§ 679.20(d)(1)(iii) on March 21, 2008 (73 

FR 15677, March 25, 2008), reopened 

the fishery on April 30, 2008 (73 FR 

22063, April 24, 2008), and closed the 

fishery again on May 6, 2008 (73 FR 

26339, May 10, 2008). NMFS reallocated 

1,200 metric tons (mt) from jig gear on 

February 26, 2008 (73 FR 11562, March 

4, 2008), 400 mt from jig gear on April 

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

and 577 mt from jig gear and catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

on September 5, 2008 (73 FR 51243, 

September 2, 2008). 

NMFS has determined that as of 

September 5, 2008, approximately 600 

mt of Pacific cod remain in the 2008 

Pacific cod TAC allocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

BSAI. Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2008 

TAC of Pacific cod allocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

BSAI, NMFS is terminating the previous 

closure and is opening directed fishing 

for Pacific cod by catcher vessels less 

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

opening is effective 1200 hrs, A.l.t., 

September 12, 2008, through 2400 hrs, 

A.l.t., December 31, 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 


rmajette on PRODPC74 with RULES