Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 57011 

water until they are retrieved from the 

water. 

A survey of Mississippi waters found 

no significant remaining issues 

stemming from storm-related debris in 

the shrimp fishery. Therefore, the 

MDMR request for an exemption was 

not granted. 

Continued Use of TEDs 

NMFS encourages shrimp trawlers in 

the affected areas to continue to use 

TEDs if possible, even though they are 

authorized under this action to use 

restricted tow times. 

NMFS’ gear experts have provided 

several general operational 

recommendations to fishermen to 

maximize the debris exclusion ability of 

TEDs that may allow some fishermen to 

continue using TEDs without resorting 

to restricted tow times. To exclude 

debris, NMFS recommends the use of 

hard TEDs made of either solid rod or 

of hollow pipe that incorporate a bent 

angle at the escape opening, in a 

bottom-opening configuration. In 

addition, the installation angle of a hard 

TED in the trawl extension is an 

important performance element in 

excluding debris from the trawl. High 

installation angles can trap debris either 

on or in front of the bars of the TED; 

NMFS recommends an installation 

angle of 45 , relative to the normal 

horizontal flow of water through the 

trawl, to optimize the TED’s ability to 

exclude turtles and debris. Furthermore, 

the use of accelerator funnels, which are 

allowable modifications to hard TEDs, is 

not recommended in areas with heavy 

amounts of debris or vegetation. Lastly, 

the webbing flap that is usually 

installed to cover the turtle escape 

opening may be modified to help 

exclude debris quickly: the webbing flap 

can either be cut horizontally to shorten 

it so that it does not overlap the frame 

of the TED or be slit in a fore-and-aft 

direction to facilitate the exclusion of 

debris. The use of the double cover flap 

TED will also aid in debris exclusion. 

All of these recommendations 

represent legal configurations of TEDs 

for shrimpers fishing in the affected 

areas. This action does not authorize 

any other departure from the TED 

requirements, including any illegal 

modifications to TEDs. In particular, if 

TEDs are installed in trawl nets, they 

may not be sewn shut. 

Alternative to Required Use of TEDs 

The authorization provided by this 

temporary rule applies to all shrimp 

trawlers that would otherwise be 

required to use TEDs in accordance with 

the requirements of 50 CFR 

223.206(d)(2) who are operating in 

hurricane-affected state and Federal 

waters off Louisiana (from the 

Mississippi/Louisiana boundary to the 

Texas/Louisiana boundary), extending 

offshore 20 nautical miles, for a period 

of 30 days. Through this temporary rule, 

shrimp trawlers may choose either 

restricted tow times or TEDs to comply 

with the sea turtle conservation 

regulations, as prescribed above. 

Alternative to Required Use of TEDs; 

Termination 

The AA, at any time, may withdraw 

or modify this temporary authorization 

to use tow time restrictions in lieu of 

TEDs through publication of a notice in 

the Federal Register, if necessary to 

ensure adequate protection of 

endangered and threatened sea turtles. 

Under this procedure, the AA may 

modify the affected area or impose any 

necessary additional or more stringent 

measures, including more restrictive 

tow times, synchronized tow times, or 

withdrawal of the authorization if the 

AA determines that the alternative 

authorized by this rule is not 

sufficiently protecting turtles or no 

longer needed. The AA may also 

terminate this authorization if 

information from enforcement, state 

authorities, or NMFS indicates 

compliance cannot be monitored 

effectively. This authorization will 

expire automatically on October 27, 

2008, unless it is explicitly extended 

through another notification published 

in the Federal Register. 

Classification 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The AA has determined that this 

action is necessary to respond to an 

environmental situation to allow more 

efficient fishing for shrimp, while 

providing effective protection for 

endangered and threatened sea turtles 

pursuant to the ESA and applicable 

regulations. 

Pursuant to 5 U.S.C. 553(b)(B), the AA 

finds that there is good cause to waive 

prior notice and opportunity to 

comment on this temporary rule. The 

AA finds that unusually high amounts 

of post-hurricane debris are creating 

special environmental conditions that 

make trawling with TED-equipped nets 

impractical. Prior notice and the 

opportunity to receive public comment 

are impracticable and contrary to the 

public interest in this instance because 

providing notice and comment would 

prevent the agency from providing the 

affected industry timely relief from the 

effects of Hurricanes Gustav and Ike, 

while providing effective protection for 

sea turtles. 

Many shrimp fishermen in Louisiana 

may be unable to operate under the 

special environmental conditions 

created by Hurricanes Gustav and Ike 

without an alternative to the use of 

TEDs. Therefore, The AA finds that 

there is good cause to waive the 30–day 

delay in effective date pursuant to 5 

U.S.C. 553(d)(3) to provide alternatives 

to comply with the sea turtle regulations 

in a timely manner. For the reasons 

above, the AA finds that this temporary 

rule should not be subject to a 30–day 

delay in effective date, pursuant to 5 

U.S.C. 553(d)(1). 

Since prior notice and an opportunity 

for public comment are not required to 

be provided for this action by 5 U.S.C. 

553, or by any other law, the analytical 

requirements of 5 U.S.C. 601 et seq. are 

inapplicable. 

The AA prepared an Environmental 

Assessment (EA) for this rule. Copies of 

the EA are available (see ADDRESSES). 

Dated: September 26, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–23117 Filed 9–26–08; 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–XK79 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central Regulatory Area of 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 Pacific cod by non-American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2008 Pacific cod sideboard limit 

established for non-AFA crab vessels 

catching Pacific cod for processing by 


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57012 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

the inshore component in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 26, 2008, 

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

2008. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2008 Pacific cod sideboard limit 

established for non-AFA crab vessels 

that are subject to sideboard limits 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA is 980 

metric tons (mt) for the GOA, as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with § 680.22(e)(2)(i), 

the Regional Administrator has 

determined that the 2008 Pacific cod 

sideboard limit established for non-AFA 

crab vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

sideboard directed fishing allowance of 

970 mt, and is setting aside the 

remaining 10 mt as bycatch to support 

other anticipated groundfish fisheries. 

In accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area 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 sideboard directed fishing 

closure of Pacific cod for non-AFA crab 

vessels that are subject to sideboard 

limits catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area 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 

25, 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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 25, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–23113 Filed 10–1–08; 4:15 pm] 

BILLING CODE 3510–22–S 


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