[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Rules and Regulations]
[Page 24885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XF91


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Full-time Tier 2 Category

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; tilefish Full-time Tier 2 permit category 
closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the tilefish Full-time tier 
2 permit category for the 2008 fishing year will be harvested on May 8, 
2008. Therefore, commercial vessels fishing under the tilefish Full-
time Tier 2 permit may not harvest tilefish from within the Golden 
Tilefish Management Unit for the remainder of the 2008 fishing year 
(through October 31, 2008) as of May 8, 2008. Regulations governing the 
tilefish fishery require publication of this notification to advise the 
public of this closure.

DATES: Effective 0001 hrs local time, May 8, 2008, through 2400 hrs 
local time, October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery 
Policy Analyst, at (978) 281-9204.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the Golden Tilefish Management Unit. 
The Golden Tilefish Management Unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive economic zone, and northward to the U.S.-Canada border. 
After 5 percent of the TAL is deducted to reflect landings by vessels 
issued an open-access Incidental permit category, and after up to 3 
percent of the TAL is set aside for research purposes, should research 
TAL be set aside, the remaining TAL is distributed among three tilefish 
limited access permit categories: Full-time tier 1 category (66 
percent), Full-time tier 2 category (15 percent), and the Part-time 
category (19 percent).
    The TAL for tilefish for the 2008 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2007 fishing year. Thus, the Full-time Tier 
2 permit quota for the 2008 fishing year, which is equal to 15 percent 
of the TAL, was specified at 284,288 lb (106,108 kg). Notification of 
the 2008 Full-time Tier 2 category quota for the 2008 fishing year was 
sent in a Permit Holder Letter to all tilefish limited access permit 
holders on October 18, 2007.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the 
tilefish TAL for the specific limited access category has been 
harvested and no commercial quota is available for harvesting tilefish 
by that category for the remainder of the fishing year, from within the 
Golden Tilefish Management Unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2008 tilefish TAL for 
the Full-time Tier 2 category will be harvested as of May 8, 2008. 
Therefore, effective 0001 hr local time, May 8, 2008, further landings 
of tilefish harvested from within the Golden Tilefish Management Unit 
by tilefish vessels holding Full-time Tier 2 category Federal fisheries 
permits are prohibited through October 31, 2008. The 2009 fishing year 
for commercial tilefish harvest will open on November 1, 2008. 
Federally permitted dealers are also advised that, effective May 8, 
2008, they may not purchase tilefish from Full-time Tier 2 category 
federally permitted tilefish vessels who land tilefish harvested from 
within the Golden Tilefish Management Unit for the remainder of the 
2008 fishing year (through October 31, 2008).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. If implementation of this closure were delayed to 
solicit prior public comment, the quota for this category would be 
exceeded, given the rate of harvest of tilefish for vessels in this 
category. This would conflict with the agency's legal obligation under 
section 304(e) of the Magnuson-Stevens Act to prevent overfishing and 
to rebuild this fishery as soon as possible. Overage of the Full-time 
tier 2 category quota that occurs in a given fishing year is subtracted 
from the quota for this category in the following fishing year. Thus, 
allowing an overage would have a negative economic impact on owners of 
vessels permitted in the Full-time tier 2 category, who did not 
contribute to the overage this year, and who would fish during the next 
fishing year. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), 
good cause to waive the 30-day delayed effectiveness period for the 
reasons stated above.

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

    Dated: April 30, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1218 Filed 5-1-08; 1:59 pm]
BILLING CODE 3510-22-S