Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58061 

§ 622.1 [Amended] 

■ 2. In § 622.1, Table 1, the entries for 

‘‘Atlantic Coast Red Drum FMP’’ are 

removed. 

§ 622.32 [Amended] 

■ 3. In § 622.32, remove paragraph 

(b)(3), and redesignate paragraph (b)(4) 

as paragraph (b)(3); remove newly 

redesignated paragraph (b)(3)(iii), and 

redesignate newly redesignated 

paragraphs (b)(3)(iv) through (vi) as 

paragraphs (b)(3)(iii) through (v). 

§ 622.48 [Amended] 

■ 4. In § 622.48, remove paragraph (k), 

and redesignate paragraphs (l) and (m) 

as paragraphs (k) and (l), respectively. 

PART 697—ATLANTIC COASTAL 

FISHERIES COOPERATIVE 

MANAGEMENT 

■ 5. The authority citation for part 697 

continues to read as follows: 

Authority: 16 U.S.C. 5101 et seq. 

■ 6. In § 697.2, the definition of 

‘‘Atlantic red drum’’ is added and the 

definition of ‘‘Regional Administrator’’ 

is revised, in alphabetical order, to read 

as follows: 

§ 697.2 Definitions. 

* * * * * 

Atlantic red drum, also called redfish, 

means Sciaenops ocellatus, or a part 

thereof, found in the waters of the 

Atlantic Ocean off the Atlantic coastal 

states, to the outer boundary of the EEZ, 

as specified in § 600.10 of this chapter, 

from the boundary of the United States 

and Canada, to the boundary between 

the South Atlantic Fishery Management 

Council and the Gulf of Mexico Fishery 

Management Council, as specified in 

§ 600.105(c) of this chapter. 

* * * * * 

Regional Administrator, means 

Regional Administrator, Northeast 

Region, NMFS, or Regional 

Administrator, Southeast Region, 

NMFS, whichever has the applicable 

jurisdiction, or a respective designee. 

* * * * * 

■ 7. In § 697.7, paragraph (f) is added to 

read as follows: 

§ 697.7 Prohibitions. 

* * * * * 

(f) Atlantic red drum fishery. In 

addition to the prohibitions set forth in 

§ 600.725 of this chapter, it is unlawful 

for any person to do any of the 

following: 

(1) Harvest or possess Atlantic red 

drum in the EEZ south of a line 

extending in a direction of 115° from 

true north commencing at a point at 

40°29.6′ N. lat., 73°54.1′ W. long., such 

point being the intersection of the New 

Jersey/New York boundary with the 3– 

nm line denoting the seaward limit of 

state waters, and north of the 

demarcation line between the South 

Atlantic Fishery Management Council 

and the Gulf of Mexico Fishery 

Management Council described in 

§ 600.105(c) of this chapter. 

(2) Fail to release immediately 

without further harm, all Atlantic red 

drum caught in the EEZ area described 

in paragraph (f)(1) of this section. 

■ 8. In § 697.22, the introductory text 

and paragraph (a)(1) are revised to read 

as follows: 

§ 697.22 Exempted fishing. 

The Regional Administrator or 

Director may exempt any person or 

vessel from the requirements of this part 

for the conduct of exempted fishing 

beneficial to the management of the 

American lobster, weakfish, Atlantic red 

drum, Atlantic striped bass, Atlantic 

sturgeon, or horseshoe crab resource or 

fishery, pursuant to the provisions of 

§ 600.745 of this chapter. 

(a) * * * 

(1) Have a detrimental effect on the 

American lobster, weakfish, Atlantic red 

drum, Atlantic striped bass, Atlantic 

sturgeon, or horseshoe crab resource or 

fishery; or 

* * * * * 

[FR Doc. E8–23586 Filed 10–3–08; 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–XK86 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

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 vessels 

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 total 

allowable catch (TAC) of Pacific cod 

allocated to vessels catching Pacific cod 

for processing by the inshore 

component of the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 3, 2008, until 2400 

hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 2008 TAC of Pacific cod allocated 

to vessels catching Pacific cod for 

processing by the inshore component of 

the Central Regulatory Area of the GOA 

is 25,583 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(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of Pacific 

cod allocated to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 24,583 mt, and is setting 

aside the remaining 1,000 mt as bycatch 

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 Pacific cod by 

vessels 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 

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58062 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

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 

vessels catching Pacific cod for 

processing by the inshore component of 

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 

29, 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 30, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–23550 Filed 10–1–08; 4:15 pm] 

BILLING CODE 3510–22–S 

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