53158 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

DATES: This correction is effective on 

September 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Hollingshead, NMFS, at 301– 

713–2289, ext 128. 

SUPPLEMENTARY INFORMATION: The final 

rule that is the subject of this correction 

was published on Thursday, June 19, 

2008 (73 FR 34875). That final rule 

contains an inadvertent error in the 

amendatory instruction concerning the 

removal of subpart R in 50 CFR part 

216. 

Subpart R governs the taking of 

marine mammals incidental to 

construction and operation of offshore 

oil and gas facilities in the Beaufort Sea. 

That rule was published in the Federal 

Register on March 7, 2006 (71 FR 

11322), became effective on April 6, 

2006, and remains in effect until April 

6, 2011. The instruction that it should 

be ‘‘added and reserved’’ is in error 

because Subpart R exists, and will 

remain in effect until April 6, 2011. In 

addition, the amendatory instruction is 

not an allowable instruction under 

Federal Register format rules. 

Therefore, this rule removes this 

instruction as it is confusing to the 

public and is an action that was not 

intended by NMFS. 

Classification 

E.O. 12866: This final rule has been 

determined to be not significant under 

E.O. 12866. 

Administrative Procedure Act (APA): 

The Assistant Administrator (AA) for 

Fisheries finds good cause under 5 

U.S.C. 553 (b)(B) to waive notice and 

opportunity for public comments as it is 

contrary to the public interest. The final 

rule published on Thursday, June 19, 

2008 (73 FR 34875) contained an 

inadvertent error in the amendatory 

instruction concerning the removal of 

subpart R in 50 CFR part 216. The 

amendatory instruction concerning the 

removal of subpart R in Part 216 

indicated that this subpart should be 

‘‘added and reserved,’’ which was an 

action that was not intended by NMFS, 

and is not an allowable instruction 

under Federal Register format rules. As 

reflected in the rule that implemented 

the provisions of subpart R (March 7, 

2006, 71 FR 11322), NMFS intended 

these regulations to remain in effect 

until April 6, 2011. In order to comply 

with Federal Register format rules and 

to avoid any confusion, this rule 

amends the June 19, 2008 final rule to 

delete the amendatory instruction 

concerning subpart R. 

The AA finds good cause under 5 

U.S.C. 553(d) to waive the 30–day delay 

in effectiveness. As stated above, NMFS 

included a confusing and unallowable 

Federal Register instruction concerning 

subpart R in the June 19, 2008 final rule. 

As stated in its March 7, 2006 rule, 

NMFS intended subpart R to remain in 

effect until April 6, 2011. In order to 

prevent further confusion regarding the 

status of subpart R, the AA makes this 

rule effective immediately. 

Correction 

The following is a correction to FR 

Doc. E8–13898, June 19, 2008: 

■ 1. On page 34889 in the third column, 

Instruction 2, reading ‘‘Subpart R is 

added and reserved.’’ is hereby 

removed. 

■ 2. On page 34889 in the third column, 

Instruction 3 is hereby redesignated as 

Instruction 2. 

Dated: September 8, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E8–21479 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071004577–8124–02] 

RIN 0648–XJ76 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Inseason Action to allow use 

of the Ruhle Trawl in the Eastern U.S./ 

Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; gear restriction. 

SUMMARY: NMFS announces that the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator) has 

authorized the use of an additional type 

of fishing gear for use by vessels fishing 

under a Northeast (NE) multispecies 

Category A Day-at-Sea (DAS) in the 

Eastern U.S./Canada Area. This action is 

authorized by the regulations 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

(FMP) and is intended to prevent underharvesting of the Total Allowable Catch 

(TAC) for Eastern Georges Bank (GB) 

haddock while ensuring that the TAC of 

Eastern GB cod and GB yellowtail 

flounder will not be exceeded during 

the 2008 fishing year (FY). This action 

is being taken to provide additional 

opportunities for vessels to fully harvest 

the Eastern GB haddock TAC under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Effective September 15, 2008, 

through April 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341. 

SUPPLEMENTARY INFORMATION: On July 

14, 2008, NMFS published a final rule 

in the Federal Register (73 FR 40186) 

approving the use of the Haddock Rope 

Trawl by vessels participating in either 

the Regular B-DAS Program or the 

Eastern U.S./Canada Haddock Special 

Access Program (SAP). A subsequent 

rule (73 FR 52214) renamed the 

Haddock Rope Trawl the ‘‘Ruhle Trawl’’ 

in honor of the late Captain Phil Ruhle, 

Sr., who was instrumental in its 

development. 

Under the regulations implementing 

Amendment 13 to the NE Multispecies 

FMP, vessels fishing with trawl gear in 

the Eastern U.S./Canada Area must fish 

with either a haddock separator trawl, a 

flounder trawl net, or other gear 

approved by the Regional 

Administrator. The regulations at 

§ 648.85(a)(3)(iv)(D) allow the Regional 

Administrator to modify these gear 

requirements through an in-season 

action in order to prevent overharvesting or to facilitate achieving the 

TAC. This action approves the use of 

the Ruhle Trawl as a third authorized 

gear type for the remainder of FY 2008. 

In each of the last 3 years, the Eastern 

U.S./Canada Area has been closed 

before the end of the fishing year 

because the TAC of either Eastern GB 

cod or GB yellowtail flounder had been 

harvested. During that period, the 

harvest of Eastern GB haddock has not 

exceeded 10 percent of the TAC. Based 

on current rates of harvest, a similar 

under-harvest of Eastern GB haddock 

appears likely in FY 2008. Scientific 

studies have demonstrated that the 

Ruhle Trawl is able to reduce bycatch of 

cod and yellowtail flounder while 

targeting haddock at least as effectively 

as the haddock separator trawl, and 

better then the flounder trawl net. 

Allowing the use of the Ruhle Trawl in 

the Eastern U.S./Canada Area is 

expected to increase landings of Eastern 

GB haddock, reduce discards of Eastern 

GB cod and GB yellowtail flounder by 

vessels targeting GB haddock, and result 

in the achievement of the Eastern GB 

haddock TAC during the fishing year, 

without exceeding it. 

To encourage the use of this gear in 

the most selective manner, vessels 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53159 

fishing with the Ruhle Trawl under a 

Category A DAS in the Eastern U.S./ 

Canada Area are subject to the same gear 

performance incentives (i.e., bycatch 

possession restrictions) that currently 

apply to vessels fishing with the 

haddock separator trawl. The 

performance incentives limit possession 

of flounders (all species combined), 

monkfish, and skates to 500 lb (226.8 

kg) (whole weight) each ( i.e., no more 

than 500 lb (226.8 kg) of all flounders, 

no more than 500 lb (226.8 kg) of 

monkfish, and no more than 500 lb 

(226.8 kg) of skates), and prohibits 

possession of lobsters. Possession limits 

for other species are the same as those 

for any vessel fishing under an A DAS 

in the Eastern U.S./Canada Area. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

prior notice and comment and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. This 

action would allow fishermen 

additional flexibility by authorizing an 

additional gear type for all NE 

multispecies DAS vessels using trawl 

gear in the Eastern U.S./Canada Area 

through April 30, 2009, to facilitate the 

harvest of the TAC for Eastern GB 

haddock while ensuring that the TAC 

will not be exceeded during FY 2008. 

This will likely result in increased 

harvest of Eastern GB haddock, 

decreased regulatory discards of Eastern 

GB cod and GB yellowtail flounder by 

vessels targeting Eastern GB haddock, 

increased revenue for the NE 

multispecies fishery, and an increased 

chance of achieving optimum yield (OY) 

in the groundfish fishery. 

This action is authorized by the 

regulations at § 648.85(a)(3)(iv)(D) to 

facilitate achieving the U.S./Canada 

Area TACs. It is important to take this 

action immediately because the current 

restrictive gear requirements have 

prevented the NE multispecies fishery 

from effectively harvesting the Eastern 

GB haddock TAC at a rate that would 

result in complete harvest by the end of 

FY 2008. Delay in the implementation 

of this action would likely result in 

underharvest of the Eastern GB haddock 

TAC, wasteful discards of Eastern GB 

cod and GB yellowtail flounder by 

vessels targeting Eastern GB haddock, 

and potentially the premature closure of 

the Eastern U.S./Canada Area due to the 

harvest of either the GB yellowtail 

flounder TAC or Eastern GB cod TAC, 

resulting in decreased economic 

opportunity for vessel owners, and a 

decreased likelihood of achieving OY. 

The time necessary to provide for 

prior notice, opportunity for public 

comment, and delayed effectiveness for 

this action would prevent NE 

multispecies DAS vessels from 

efficiently targeting Eastern GB haddock 

in the U.S./Canada Area. The Regional 

Administrator’s authority to authorize 

additional gear types in the Eastern 

U.S./Canada Area to help ensure that 

the shared U.S./Canada stocks of fish 

are harvested, but not exceeded, was 

considered and open to public comment 

during the development of both 

Amendment 13 and Framework 

Adjustment 42. Further, the Ruhle 

Trawl is currently permissible gear in 

all other parts of the NE multispecies 

trawl fishery under an A DAS and was 

recently approved as an additional gear 

in the Regular B DAS Program and in 

the Eastern U.S./Canada Haddock 

Special Access Program, two programs 

that allow the use of Category B DAS. 

Its use in the Eastern U.S./Canada Area 

is consistent with the New England 

Fishery Management Council’s publicly 

stated intention to promote the use of 

this gear. Therefore, any negative effect 

the waiving of public comment and 

delayed effectiveness may have on the 

public is mitigated by these factors. 

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

Dated: September 10, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21487 Filed 9–12–08; 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–XK53 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep-Water Species 

Fishery 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the 2008 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 11, 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 2008 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA is 800 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., January 20, 2008, through 

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

2008 Pacific halibut bycatch allowance 

for the deep-water species fishery was 

reduced because 170 mt of this 

apportionment was allocated to vessels 

participating in the Rockfish Pilot 

Program, as listed at http:// 

www.fakr.noaa.gov/sustainablefisheries/ 

goarat/08rppallocations.xls. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2008 

Pacific halibut bycatch allowance 

specified for the trawl deep-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

deep-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the deep-water species fishery 

include sablefish, rockfish, deep-water 

flatfish, rex sole, and arrowtooth 

flounder. This closure does not apply to 

fishing by vessels participating in the 

cooperative fishery in the Rockfish Pilot 

Program for 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 


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