Fisheries of the Northeastern United States; Atlantic Herring Fishery; Total Allowable Catch Harvested for Management Area 1A, 60585 [07-5293]

Download as PDF rwilkins on PROD1PC63 with RULES Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document in the Federal Register. NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the Federal Register processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with NMFS’ conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request (ADDRESSES). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3) VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 Dated:October 19, 2007. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 07–5291 Filed 10–22–07; 2:45 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 061228342–7068–02] RIN 0648–XD55 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Total Allowable Catch Harvested for Management Area 1A National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure of Atlantic herring fishery for Management Area 1A. AGENCY: SUMMARY: NMFS announces that effective 0001 hours, October 25, 2007, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Management Area 1A (Area 1A) per trip or calendar day until January 1, 2008, when the 2008 TAC becomes available, except for transiting purposes as described in this notice. This action is based on the determination that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Area 1A for 2007 is projected to be harvested by October 25, 2007. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that no TAC is available for the directed fishery for Atlantic herring harvested from Area 1A. DATES: Effective 0001 hrs local time, October 25, 2007, through 2400 hrs local time, December 31, 2007. FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, at (978) 281–9221. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery are found at 50 CFR part 648. The regulations require annual specification of optimum yield, domestic and foreign fishing, domestic and joint venture processing, and management area TACs. The 2007 TAC allocated to Area 1A (72 FR 17807, April 10, 2007) is 50,000 mt (1,10,231,000 lb). PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 60585 The regulations at 50 CFR 648.202 require the Administrator, Northeast Region, NMFS (Regional Administrator) to monitor the Atlantic herring fishery in each of the four management areas designated in the Fishery Management Plan for the Atlantic Herring Fishery and, based upon dealer reports, state data, and other available information, to determine when the harvest of Atlantic herring is projected to reach 95 percent of the TAC allocated. When such a determination is made, NMFS is required to publish notification in the Federal Register of this determination. Effective upon a specific date, NMFS must notify vessel and dealer permit holders that vessels are prohibited from fishing for, catching, possessing, transferring or landing more than 2,000 lb (907.2 kg) of herring per trip or calendar day in or from the specified management area for the remainder of the closure period. Transiting of Area 1A with more than 2,000 lb of herring on board is allowed under the conditions specified below. The Regional Administrator has determined, based upon dealer reports and other available information, that 95 percent of the total Atlantic herring TAC allocated to Area 1A for the 2007 fishing year is projected to be harvested by October 25, 2007. Therefore, effective 0001 hrs local time, October 27, 2007, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1A per trip or calendar day through December 31, 2007; except a vessel may transit Area 1A with more than 2,000 lb (907.2 kg) of herring on board, or land more than 2,000 lb (907.2 kg) provided such herring were not caught in Area 1A, and provided all fishing gear is stowed and not available for immediate use as required by § 648.23(b). Effective October 25, 2007, federally permitted dealers are also advised that they may not purchase Atlantic herring from federally permitted Atlantic herring vessels that harvest more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1A through December 31, 2007, 2400 hrs local time. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 19, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–5293 Filed 10–22–07; 2:45 pm] BILLING CODE 3510–22–S E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Page 60585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XD55


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Total Allowable Catch Harvested for Management Area 1A

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

ACTION: Closure of Atlantic herring fishery for Management Area 1A.

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SUMMARY: NMFS announces that effective 0001 hours, October 25, 2007, 
federally permitted vessels may not fish for, catch, possess, transfer 
or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from 
Management Area 1A (Area 1A) per trip or calendar day until January 1, 
2008, when the 2008 TAC becomes available, except for transiting 
purposes as described in this notice. This action is based on the 
determination that 95 percent of the Atlantic herring total allowable 
catch (TAC) allocated to Area 1A for 2007 is projected to be harvested 
by October 25, 2007. Regulations governing the Atlantic herring fishery 
require publication of this notification to advise vessel and dealer 
permit holders that no TAC is available for the directed fishery for 
Atlantic herring harvested from Area 1A.

DATES: Effective 0001 hrs local time, October 25, 2007, through 2400 
hrs local time, December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, at (978) 281-9221.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of optimum yield, domestic and foreign fishing, domestic 
and joint venture processing, and management area TACs. The 2007 TAC 
allocated to Area 1A (72 FR 17807, April 10, 2007) is 50,000 mt 
(1,10,231,000 lb).
    The regulations at 50 CFR 648.202 require the Administrator, 
Northeast Region, NMFS (Regional Administrator) to monitor the Atlantic 
herring fishery in each of the four management areas designated in the 
Fishery Management Plan for the Atlantic Herring Fishery and, based 
upon dealer reports, state data, and other available information, to 
determine when the harvest of Atlantic herring is projected to reach 95 
percent of the TAC allocated. When such a determination is made, NMFS 
is required to publish notification in the Federal Register of this 
determination. Effective upon a specific date, NMFS must notify vessel 
and dealer permit holders that vessels are prohibited from fishing for, 
catching, possessing, transferring or landing more than 2,000 lb (907.2 
kg) of herring per trip or calendar day in or from the specified 
management area for the remainder of the closure period. Transiting of 
Area 1A with more than 2,000 lb of herring on board is allowed under 
the conditions specified below.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that 95 percent of the total 
Atlantic herring TAC allocated to Area 1A for the 2007 fishing year is 
projected to be harvested by October 25, 2007. Therefore, effective 
0001 hrs local time, October 27, 2007, federally permitted vessels may 
not fish for, catch, possess, transfer or land more than 2,000 lb 
(907.2 kg) of Atlantic herring in or from Area 1A per trip or calendar 
day through December 31, 2007; except a vessel may transit Area 1A with 
more than 2,000 lb (907.2 kg) of herring on board, or land more than 
2,000 lb (907.2 kg) provided such herring were not caught in Area 1A, 
and provided all fishing gear is stowed and not available for immediate 
use as required by Sec.  648.23(b). Effective October 25, 2007, 
federally permitted dealers are also advised that they may not purchase 
Atlantic herring from federally permitted Atlantic herring vessels that 
harvest more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1A 
through December 31, 2007, 2400 hrs local time.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: October 19, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-5293 Filed 10-22-07; 2:45 pm]
BILLING CODE 3510-22-S

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