Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54737 

LAGC scallop vessels shall be specified 

in this paragraph (e)(4)(ii)(A) through 

the framework adjustment process and 

shall determine the number of trips 

allocated to LAGC scallop vessels as 

specified in paragraph (e)(4)(ii)(B) of 

this section. LAGC vessels shall be 

allocated 1,067,000 lb (484 mt) in 

fishing year 2008, which is 5 percent of 

the 2008 Elephant Trunk Access Area 

TAC. LAGC vessels shall be allocated 

785,700 lb (356 mt) in fishing year 2009, 

which is 5 percent of the 2009 Elephant 

Trunk Access Area TAC. The 2009 

general category TAC may be reduced 

per § 648.60(a)(3)(i)(E)(2). 

* * * * * 

[FR Doc. E8–22259 Filed 9–22–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 080326475–8686–02] 

RIN 0648–XK61 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

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 sardine. This action is 

necessary because the directed harvest 

allocation total for the third allocation 

period (September 15 - December 31) is 

projected to be reached. From the date 

of closure until the new fishing season 

begins on January 1, 2009, Pacific 

sardine may only be harvested 

incidental to other fisheries, with 

incidental harvest constrained by a 20- 

percent by weight incidental catch rate. 

Fishing vessels must be in the process 

of offloading at the time of closure. 

DATES: Effective 12:01 am Pacific 

Standard Time September 23, 2008, 

through January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the Pacific sardine fishery in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific coast (California, Oregon, 

and Washington) in accordance with the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP). Annual 

specifications published in the Federal 

Register establish the total harvest 

guideline (HG) and allowable harvest 

levels for each Pacific sardine fishing 

season (January 1 - December 31). The 

total HG for the 2008 Pacific sardine 

fishing season (January 1, 2008 - 

December 31, 2008) is 89,093 mt and is 

divided into a directed harvest fishery 

of 80,184 mt and an incidental fishery 

of 8,909 mt. These directed and 

incidental harvest ammounts are 

subdivided throughout the year in the 

following way: January 1-June 30, 

26,550 mt is allocated for directed 

harvest with an incidental set-aside of 

4,633 mt; July 1-September 14, 34,568 

mt plus any portion not harvested from 

the initial allocation is allocated for 

directed harvest with an incidental setaside of 1,069 mt; September 15- 

December 31, 19,066 mt plus any 

portion not harvested from earlier 

allocations is allocated for directed 

harvest with an incidental set-aside of 

3,207 mt (73 FR 30811, May 29, 2008). 

If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. The incidental fishery will also be 

constrained to a 20-percent by weight 

incidental catch rate when Pacific 

sardine are landed with other CPS to 

minimize targeting of Pacific sardine 

and to maximize landings of harvestable 

stocks. In the event that an incidental 

set-aside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

If the set-aside is not fully attained or is 

exceeded in a given seasonal period, the 

directed harvest allocation in the 

following seasonal period will be 

automatically adjusted to account for 

the discrepancy. 

Under 50 CFR 660.509 if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register the date of the 

closure of the directed fishery for Pacific 

sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

prosecution the live bait portion of the 

Pacific sardine fishery. 

Classification 

This action is required by 50 CFR 

660.509 and is exempt from Office of 

Management and Budget review under 

Executive Order 12866. 

NMFS 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) for the closure of the 

September 15 - December 31 directed 

harvest of Pacific sardine. For the 

reasons set forth below, notice and 

comment procedures are impracticable 

and contrary to the public interest. For 

the same reasons, NMFS also finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effectiveness for this 

action. This measure responds to the 

best available information and is 

necessary for the conservation and 

management of the Pacific sardine 

resource. A delay in effectiveness would 

cause the fishery to exceed the in-season 

harvest level. These seasonal harvest 

levels are important mechanisms in 

preventing overfishing and managing 

the fishery at optimum yield. The 

established directed and incidental 

harvest allocations are designed to allow 

fair and equitable opportunity to the 

resource by all sectors of the Pacific 

sardine fishery and to allow access to 

other profitable CPS fisheries, such as 

squid and Pacific mackerel. 

Many of the same fishermen who 

harvest Pacific sardine rely on these 

other fisheries for a significant portion 

of their income. 

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

Dated: September 18, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–22253 Filed 9–22–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XK62 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by Pot 

Catcher Processors 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. 


jlentini on PROD1PC65 with RULES
54738 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2008 Pacific cod 

total allowable catch (TAC) allocated to 

pot catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 19, 2008, 

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

2008. 

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. 

The 2008 Pacific cod TAC allocated to 

pot catcher processors in the BSAI is 

2,274 metric tons (mt) as established by 

the 2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008). 

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

the Regional Administrator finds that 

the 2008 Pacific cod directed fishing 

allowance allocated to pot catcher 

processors in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by pot catcher processors 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 pot 

catcher processors 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 September 

16, 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 17, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–22208 Filed 9–18–08; 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–XK72 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 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 pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2008 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 19, 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 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 C season allowance of the 2008 

TAC of pollock in Statistical Area 630 

of the GOA is 4,431 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). In accordance with 

§ 679.20(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 753 mt. 

This is the amount of the pollock TAC 

that was exceeded in Statistical Area 

630 during the B season. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 630 is 

3,678 mt (4,431 mt minus 753 mt). 

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

the Regional Administrator has 

determined that the C season allowance 

of the 2008 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,518 mt, and is 

setting aside the remaining 160 mt as 

incidental catch to support other 

anticipated groundfish fisheries. In 

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

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for pollock 

in Statistical Area 630 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 closure of pollock in 

Statistical Area 630 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 September 

17, 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. 


jlentini on PROD1PC65 with RULES