Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54735 

18-24 inches of exposed rope between 

the poles to be used as a working 

surface to capture and secure the 

flipper. Knot the line at the ends of both 

poles to prevent line slippage if they are 

not otherwise secured. The remaining 

line is used to tether the apparatus to 

the boat unless an additional tag line is 

used. Two lengths of sunlight resistant 

3/4-inch schedule 40 PVC electrical 

conduit, fiberglass, aluminum, or 

similar material should be used to 

construct the apparatus with a 

minimum length equal to, or greater 

than, 150 percent of the freeboard, or a 

minimum of 6 feet (1.83 m), whichever 

is greater. 

(ii) * * * 

(A) Sea turtle bycatch mitigation gear, 

as required by paragraphs (c)(5)(i)(A) 

through (D) of this section, must be used 

to disengage any hooked or entangled 

sea turtles that cannot be brought 

onboard. Sea turtle bycatch mitigation 

gear, as required by paragraphs 

(c)(5)(i)(E) through (M) of this section, 

must be used to facilitate access, safe 

handling, disentanglement, and hook 

removal or hook cutting of sea turtles 

that can be brought onboard, where 

feasible. Sea turtles must be handled, 

and bycatch mitigation gear must be 

used, in accordance with the careful 

release protocols and handling/release 

guidelines specified in paragraph (a)(3) 

of this section, and in accordance with 

the onboard handling and resuscitation 

requirements specified in 

§ 223.206(d)(1) of this title. 

* * * * * 

(C) * * * 

(1) Non-boated turtles should be 

brought close to the boat and provided 

with time to calm down. Then, it must 

be determined whether or not the hook 

can be removed without causing further 

injury. A front flipper or flippers of the 

turtle must be secured with an approved 

turtle control device from the list 

specified in paragraph (c)(2)(v)(D) of 

this section. All externally embedded 

hooks must be removed, unless hook 

removal would result in further injury 

to the turtle. No attempt should be made 

to remove a hook if it has been 

swallowed, or if it is determined that 

removal would result in further injury. 

If the hook cannot be removed and/or if 

the animal is entangled, as much line as 

possible must be removed prior to 

release, using a line cutter as required 

by paragraph (c)(5)(i) of this section. If 

the hook can be removed, it must be 

removed using a long-handled dehooker 

as required by paragraph (c)(5)(i) of this 

section. Without causing further injury, 

as much gear as possible must be 

removed from the turtle prior to its 

release. Refer to the careful release 

protocols and handling/release 

guidelines required in paragraph (a)(3) 

of this section, and the handling and 

resuscitation requirements specified in 

§ 223.206(d)(1) of this title for additional 

information. 

* * * * * 

(iii) * * * 

(C) * * * 

(3) If green-stick gear, as defined at 

§ 635.2, is onboard, a vessel may possess 

up to 20 J-hooks. J-hooks may be used 

only with green-stick gear, and no more 

than 10 hooks may be used at one time 

with each green-stick gear. J-hooks used 

with green-stick gear may be no smaller 

than 1.5 inch (38.1 mm) when measured 

in a straight line over the longest 

distance from the eye to any other part 

of the hook. If green-stick gear is 

onboard, artificial bait may be 

possessed, but used only with 

green-stick gear. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) Charter/Headboat. Rod and reel 

(including downriggers), bandit gear, 

handline, and green-stick gear are 

authorized for all recreational and 

commercial Atlantic tuna fisheries. 

Speargun is authorized for recreational 

Atlantic BAYS tuna fisheries only. 

(iii) General. Rod and reel (including 

downriggers), handline, harpoon, bandit 

gear, and green-stick. 

* * * * * 

(v) Longline. Longline and green-stick. 

* * * * * 

(g) Green-stick gear. Green-stick gear 

may only be utilized when fishing from 

vessels issued a valid Atlantic Tunas 

General, HMS Charter/Headboat, or 

Atlantic Tunas Longline category 

permit. The gear must be attached to the 

vessel, actively trolled with the 

mainline at or above the water’s surface, 

and may not be deployed with more 

than 10 hooks or gangions attached. 

■ 6. In § 635.71: 

■ a. Paragraph (a)(23) is revised. 

■ b. Paragraphs (b)(36) through (40) are 

added. 

The revision and additions read as 

follows: 

§ 635.71 Prohibitions. 

* * * * * 

(a) * * * 

(23) Fail to comply with the 

restrictions on use of pelagic longline, 

bottom longline, gillnet, buoy gear, 

speargun gear, or green-stick gear as 

specified in § 635.21(c), (d), (e)(1), (e)(3), 

(e)(4), (f), or (g). 

* * * * * 

(b) * * * 

(36) Possess J-hooks onboard a vessel 

that has pelagic longline gear onboard, 

and that has been issued, or is required 

to have, a limited access swordfish, 

shark, or tuna longline category permit 

for use in the Atlantic Ocean, including 

the Caribbean Sea and the Gulf of 

Mexico, except when green-stick gear is 

onboard, as specified at 

§ 635.21(c)(2)(v)(A) and (c)(5)(iii)(C)(3). 

(37) Use or deploy J-hooks with 

pelagic longline gear from a vessel that 

has been issued, or is required to have, 

a limited access swordfish, shark, or 

tuna longline category permit for use in 

the Atlantic Ocean, including the 

Caribbean Sea and the Gulf of Mexico. 

(38) Possess more than 20 J-hooks 

onboard a vessel that has been issued, 

or is required to have, a limited access 

swordfish, shark, or tuna longline 

category permit for use in the Atlantic 

Ocean, including the Caribbean Sea and 

the Gulf of Mexico, when possessing 

onboard both pelagic longline gear, as 

described at § 635.21(c), and green-stick 

gear as defined at § 635.2. 

(39) Use or deploy more than 10 

hooks at one time on any individual 

green-stick gear. 

(40) Possess, use, or deploy J-hooks 

smaller than 1.5 inch (38.1 mm), when 

measured in a straight line over the 

longest distance from the eye to any 

other part of the hook, when fishing 

with or possessing green-stick gear 

onboard a vessel that has been issued, 

or is required to have, a limited access 

swordfish, shark, or tuna longline 

category permit for use in the Atlantic 

Ocean, including the Caribbean Sea and 

the Gulf of Mexico. 

* * * * * 

[FR Doc. E8–22261 Filed 9–22–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070817467–81179–04] 

RIN 0648–AV90 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Framework Adjustment 19; Correcting 

Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is correcting regulatory 

text implementing measures that were 


jlentini on PROD1PC65 with RULES
54736 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

approved as part of Framework 

Adjustment 19 (Framework 19) to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP), which was 

developed by the New England Fishery 

Management Council (Council). This 

correction specifies the September 1 

through October 1 Elephant Trunk Sea 

Scallop Access Area (ETAA) seasonal 

closure, which was inadvertently 

removed from the regulations in the 

final rule for Framework 19. This rule 

also corrects an incorrect reference to 

the Nantucket Lightship Access Area 

included in the regulations for the 

ETAA, and includes the total allowable 

catch (TAC) values. 

DATES: Effective September 23, 2008. 

ADDRESSES: An environmental 

assessment (EA) was prepared for 

Framework 19 that describes the action 

and other alternatives considered, and 

provides a thorough analysis of the 

impacts of the measures and 

alternatives. Copies of Framework 19, 

the EA, and Initial Regulatory 

Flexibility Analysis are available upon 

request from Paul J. Howard, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950. The final rule 

for Framework 19 includes the Final 

Regulatory Flexibility Analysis. 

FOR FURTHER INFORMATION CONTACT: 

Peter Christopher, Fishery Policy 

Analyst, 978–281–9288; fax 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The final rule for Framework 19 to the 

FMP was published on May 29, 2008, 

(73 FR 30790). The preamble text 

explained that NMFS was maintaining 

the September 1 through October 31 

ETAA seasonal closure to provide 

protection for sea turtles during that 

period in the ETAA. However, in the 

instructions for amending § 648.59, 

which included the seasonal closure, 

the Framework 19 final rule stated that 

the paragraph that implemented the 

closure (§ 648.59(e)(3)) was to be 

‘‘removed and reserved.’’ This 

instruction was inadvertent and, as a 

result, the regulations effective July 1, 

2008, did not include the seasonal 

closure. 

This final rule also corrects a 

mistaken reference to the Nantucket 

Lightship Access Area that was 

included in the ETAA regulations and 

provides the TAC specifications for 

limited access general category vessels 

fishing in the ETAA. The regulations in 

§ 648.59(e)(4)(ii), that became effective 

on June 1 in the Framework 19 final 

rule, included the TACs for general 

category vessels fishing in the ETAA 

prior to the effective date of the LAGC 

permit requirements on July 1, 2008, but 

omitted the TAC values for LAGC 

scallop vessels. 

In Framework 19, the Council 

recommended elimination of the ETAA 

seasonal closure. The proposed rule for 

Framework 19 described NMFS’s 

disapproval of the elimination of the 

ETAA seasonal closure and maintained 

the seasonal closure in the proposed 

regulations for public comment. The 

disapproval of the Council’s 

recommendation to eliminate the ETAA 

seasonal closure was the subject of 

public comments on the Framework 19 

proposed rule. NMFS has already 

responded to comments in the 

Framework 19 final rule. The seasonal 

closure has been in effect since the 

ETAA opened in 2007. The change of 

the reference in § 648.59(e)(4)(ii)(A) 

from the Nantucket Lightship Access 

Area to the ETAA and the inclusion of 

the TAC in that paragraph do not 

change the measures included in the 

Framework 19 final rule and are for 

clarification only. Therefore, the 

correction does not change the operating 

practices of the fishery. 

Classification 

NMFS has determined that this 

correcting amendment is necessary for 

the conservation and management of the 

Atlantic sea scallop fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable law. 

This final rule corrects regulations 

implemented as part of Framework 19, 

which was determined to be not 

significant for purposes of Executive 

Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

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

prior notice and an opportunity for 

public comment on this action, as notice 

and comment would be contrary to the 

public interest. The opportunity for 

public comment on the ETAA seasonal 

closure was provided through the 

proposed rule for Framework 19. 

Allowing for public comment would 

give the impression that the ETAA 

seasonal closure is subject to review and 

approval by NMFS, despite NMFS 

having already decided to disapprove 

the Council’s recommendation to 

remove the seasonal closure and leave 

the ETAA seasonal closure in place. 

This would be contrary to public 

interest as it would generate confusion 

with respect to the rulemaking process 

for Framework 19. The AA further finds 

pursuant to 5 U.S.C. 553(d)(3) good 

cause to waive the thirty-day delayed 

effectiveness period. NMFS was only 

recently made aware of the 

inconsistency between the Framework 

19 preamble and the regulations that 

became effective on July 1, 2008, and 

the closure under this correction began 

on September 1, 2008. This closure is 

important for the protection of sea 

turtles listed under the Endangered 

Species Act. Sea turtles are present in 

the Mid-Atlantic region, including the 

ETAA, from May through November. 

The ETAA seasonal closure reduces the 

potential for interactions between the 

scallop fishery and turtles from 

interactions with fishing gear by 

prohibiting scallop fishing in the area 

during September and October, when 

takes have been observed. A delay in the 

effectiveness of this reinstatement of the 

closure provision will increase the 

likelihood of injurious interactions 

between turtles and scallop fishing gear. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, no regulatory flexibility analysis is 

required and none has been prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: September 17, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.59, paragraph (e)(3) is 

added and paragraph (e)(4)(ii)(A) is 

revised to read as follows: 

§ 648.59 Sea Scallop Access Areas. 

* * * * * 

(e) * * * 

(3) Season. A vessel issued a scallop 

permit may not fish for, possess, or land 

scallops in or from the area known as 

the Elephant Trunk Sea Scallop Access 

Area, described in paragraph (e)(2) of 

this section, from September 1 through 

October 31 of each year the Elephant 

Turnk Access Area is open to scallop 

fishing as a Sea Scallop Access Area, 

unless transiting pursuant to paragraph 

(f) of this section. 

(4) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the Elephant Trunk 

Access Area TAC to be allocated to 


jlentini on PROD1PC65 with RULES
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