[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58498-58499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XK42


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Tilefish 
Fishery

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

ACTION: Temporary rule, tilefish commercial quota adjustment.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has determined that the quota for the 
tilefish Full-time Tier 2 permit category has been exceeded for fishing 
year (FY) 2008, requiring an adjustment of the Full-time Tier 2 permit 
category quota for FY 2009. This action complies with the Fishery 
Management Plan for the Tilefish Fishery (FMP) and is intended to 
continue the rebuilding program in the FMP by taking into account 
previous overages of the tilefish quota.

DATES: Effective November 1, 2008, through October 31, 2009.

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

SUPPLEMENTARY INFORMATION:

Background

    The regulations at 50 CFR 648.290(c) state that any overages of the 
quota for any tilefish limited access category that occur in a given 
fishing year will be subtracted from the quota for that category in the 
following fishing year. This same section also states that, if the 
tilefish harvest attributed to the open access Incidental permit 
category exceeds 5 percent of the total allowable landings (TAL) for a 
given fishing year, the trip limit for the Incidental category may be 
reduced the following year. In both of these instances, Sec.  
648.290(c) specifies that, if an adjustment is required, a notification 
of adjustment of the quota will be published in the Federal Register.
    The tilefish TAL for FY 2009 remains unchanged from previous years 
at 1.995 million lb (905 mt). The FMP dictates that the TAL be divided 
between the three limited access tilefish permit categories after the 
TAL is reduced by 5 percent to account for incidental tilefish landings 
(open-access Incidental permit category) as follows: Sixty-six percent 
(1,250,865 lb (567,383 kg)) to Full-time Tier 1; 15 percent (284,288 lb 
(128,951 kg)) to Full-time Tier 2; and 19 percent (360,098 lb (163,338 
kg)) to Part-time vessels.
    Based upon vessel reports and other information available, FY 2008 
tilefish landings for limited access Full-time Tier 2 permit category 
were 291,620 lb (132,277 kg), resulting in an overage of 7,332 lb 
(3,326 kg). This overage amount is being deducted from the FY 2009 
Full-time Tier 2 permit category quota through this action, which 
results in an adjusted quota of 276,956 lb (125,625 kg) for this 
category in FY 2009. Adjustments to the remaining permit categories are 
not needed at this time, and the FY 2009 quotas for these categories 
therefore, remain status quo, including the Incidental trip limit for 
tilefish for FY 2009, which will remain at its default value of 300 lb 
(136 kg). If final landings data for 2008 indicate that an adjustment 
of the quota for any of the other permit categories is necessary, a 
notification of the adjustment will be published in the Federal 
Register.
    The FY 2009 tilefish Full-time Tier 2 permit category quota, the FY 
2008 tilefish Full-time Tier 2 permit category landings, and the 
resulting overage of the FY 2008 tilefish Full-time Tier 2 permit 
category quota are presented in Table 1. The resulting adjusted FY 2009 
tilefish Full-time Tier 2 permit category commercial quota is presented 
in Table 2.

[[Page 58499]]



                      Table 1. Tilefish Full-time Tier 2 Category 2008 Landings and Overage
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                             2008 Quota                     2008 Landings                   2008 Overage
 Permit Category  ----------------------------------------------------------------------------------------------
                         Lb             Kg\1\            Lb             Kg\1\            Lb            Kg\1\
----------------------------------------------------------------------------------------------------------------
Full-time Tier 2       284,288         128,951         291,620         132,277           7,332          3,326
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds, and may not necessarily add due to rounding.


   Table 2. Tilefish Full-time Tier 2 Category Adjusted FY 2009 Quota
------------------------------------------------------------------------
                      2009 Initial Quota          2009 Adjusted Quota
 Permit Category -------------------------------------------------------
                       Lb           Kg\1\          Lb           Kg\1\
------------------------------------------------------------------------
Full-time Tier 2     284,288       128,951       276,956       125,625
------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds, and may not necessarily add
  due to rounding.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the 
Assistant Administrator finds good cause to waive prior notice and 
opportunity for public comment as notice and comment would be 
impracticable and unnecessary. The regulations under Sec.  648.290(c) 
requires the Regional Administrator to subtract any overage of the 
quota for any tilefish limited access category from the quota for that 
category in the following fishing year. Accordingly, the action being 
taken by this temporary rule is nondiscretionary. There is no 
discretion to modify this action based on public comment at this time. 
The rate of harvest of tilefish by the Full-time permit category is 
updated weekly on the internet at http://www.nero.noaa.gov. 
Accordingly, the public is able to obtain information that would 
provide at least some advanced notice of a potential action as a result 
of a tilefish quota being exceeded during FY 2008. Further, the 
potential for this action was considered and open to public comment 
during the development of the tilefish FMP. Therefore, any negative 
effect the waiving of public comment may have on the public is 
mitigated by these factors.

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

    Dated: October 1, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23720 Filed 10-6-08; 8:45 am]
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