Fisheries of the Northeastern United States; Atlantic Herring Fishery; Total Allowable Catch Harvested for Management Area 1B, 79719-79720 [E8-30835]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
registration number and certificate will
be valid for one year from the date on
which it is issued.
(e) It shall be unlawful for any person
to submit false, inaccurate or misleading
information in connection with any
registration request.
(f) Fees. Effective January 1, 2011,
persons registering with NMFS must
pay an annual fee. The annual schedule
for such fees will be published in the
Federal Register. Indigenous people
engaging in angling or spear fishing
must register, but are not required to
pay a fee.
§ 600.1415 Procedures for designating
exempted states-general provisions.
(a) States with an exempted state
designation must:
(1) Submit state angler and for-hire
vessel license holder data to NMFS for
inclusion in a national or regional
registry database; or
(2) Participate in regional surveys of
recreational catch and effort and make
the data from those surveys available to
NMFS.
(b) Process for getting an exempted
state designation:
(1) To apply for exempted state
designation, a state must submit:
(i) A complete description of the data
it intends to submit to NMFS;
(ii) An assessment of how the data
conforms to the requirements of
§§ 600.1416 or 600. 1417;
(iii) A description of the database in
which the data exists and will be
transmitted; and
(iv) The proposed process, schedule
and frequency of submission of the data.
(2) If NMFS determines the submitted
material meets the requirements of
§§ 600.1416 or 600.1417, NMFS will
initiate negotiations with the state on a
Memorandum of Agreement. The
Memorandum of Agreement must
include the terms and conditions of the
data-sharing program. The
Memorandum of Agreement and state
designation may be limited to datasharing related to only anglers or only
for-hire fishing vessels.
(3) Following execution of a
Memorandum of Agreement, NMFS will
publish a notice of the exempted state
designation in the Federal Register.
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§ 600.1416 Requirements for exempted
state designation based on submission of
state license holder data.
(a) A state must annually submit to
NMFS, in a format consistent with
NMFS guidelines, the name, address
and, to the extent available in the state’s
database, telephone number and date of
birth of all persons and for-hire vessels
and for-hire vessel operators who are
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22:13 Dec 29, 2008
Jkt 217001
licensed to fish, or who are registered as
fishing, in the EEZ, in the tidal waters
of the state, or for anadromous species.
The Memorandum of Agreement will
specify the timetable for a state to
compile and submit complete
information on the telephone numbers
and dates of birth for its license holders/
registrants. The waters of the state for
which such license-holder data must be
submitted will be specified in the
Memorandum of Agreement.
(b) A state is eligible to be designated
as an exempted state even if its
licensing program excludes anglers who
are:
(1) Under 16 years of age;
(2) Over age 59 (see § 600.1416(d)(1));
(3) Customers on licensed for-hire
vessels;
(4) Customers on state-licensed
fishing piers, provided that the pier
license holder provides to the state
complete angler contact information or
angler effort information for users of the
pier;
(5) On active military duty while on
furlough; or
(6) Disabled or a disabled Veteran as
defined by the state.
(c) Unless the state can demonstrate
that a given category of anglers is so
small it has no significant probability of
biasing estimates of fishing effort if
these anglers are not included in a
representative sample, a state may not
be designated as an exempted state if its
licensing program excludes anglers that
meet any of the following conditions:
(1) Fishing on a state-licensed private
vessel;
(2) Fishing from privately-owned
land;
(3) Fishing on a public pier;
(4) Fishing from shore;
(5) Fishing in tidal waters of the state;
or
(6) Fishing as an occupant of a beach
buggy, the operator of which is licensed
or permitted to operate the vehicle on
public beaches.
(d) Required enhancements to
exempted state license-holder data. An
exempted state must submit the
following angler identification data by
Jan. 1, 2012, or within two years of the
effective date of the Memorandum of
Agreement, whichever islater, and
thereafter in accordance with the
Memorandum of Agreement:
(1) Name, address and telephone
number of excluded anglers over age 59;
(2) Name, address and telephone
number, updated annually, of holders of
state lifetime and multi-year licenses;
(3) Name, address and telephone
number of state combination license
holders who fished in tidal waters in the
prior year, or who intend to fish in tidal
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79719
waters. The Memorandum of Agreement
will define the boundaries of the state’s
tidal waters for this purpose.
§ 600.1417 Requirements for exempted
state designation based on submission of
recreational survey data.
(a) To be designated as an exempted
state based on the state’s participation
in a regional survey of marine and
anadromous recreational fishing catch
and effort, a state may submit to NMFS
a proposal that fully describes the state’s
participation in a qualifying regional
survey, and the survey’s sample design,
data collection and availability.
(b) A qualifying regional survey must:
(1) Include all of the states within
each region as follows:
(i) Maine, New Hampshire,
Massachusetts, Rhode Island,
Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South
Carolina, Georgia and Florida (Atlantic
coast);
(ii) Florida (Gulf of Mexico coast),
Alabama, Mississippi, Louisiana, and
Texas;
(iii) Puerto Rico and the U. S. Virgin
Islands;
(iv) California, Oregon and
Washington;
(v) Alaska;
(vi) Hawaii; or
(vii) American Samoa, Guam and the
Commonwealth of the Northern Mariana
Islands.
(2) Utilize angler registry data, or
direct field counts to obtain angler
effort, or other appropriate statistical
means to obtain fishing effort;
(3) Utilize angler registry data to
identify individuals to be surveyed by
telephone, if such regional survey
includes a telephone survey component;
and
(4) Meet NMFS survey design and
data collection standards.
[FR Doc. E8–31021 Filed 12–29–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061228342–7068–02]
RIN 0648–XM38
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Total
Allowable Catch Harvested for
Management Area 1B
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
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79720
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
pwalker on PROD1PC71 with RULES
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure of Atlantic herring
fishery for Management Area 1B.
SUMMARY: NMFS announces that,
effective 0001 hours, December 24,
2008, 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 1B (Area 1B) per trip or calendar
day until January 1, 2009, when the
2009 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 1B for 2008 is
projected to be harvested. 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 1B.
DATES: Effective 0001 hrs local time,
December 24, 2008, through December
31, 2008.
FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, Fishery
Management Specialist, at (978) 281–
9112.
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 2008 TAC
allocated to Area 1B (72 FR 17807, April
10, 2007) is 9,700 mt.
The regulations at § 648.201 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 during a
closure with more than 2,000 lb of
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
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 1B for the 2008 fishing
year is projected to be harvested.
Therefore, effective 0001 hrs local time,
December 24, 2008, 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 1B per trip or calendar day through
December 31, 2008; except a vessel may
transit Area 1B 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
1B, and provided all fishing gear is
stowed and not available for immediate
use as required by § 648.23(b). Effective
December 24, 2008, 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
1B through 2400 hrs local time,
December 31, 2008.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
This action closes the Atlantic herring
fishery for Management Area 1B until
January 1, 2009, under current
regulations. The regulations at
§ 648.201(a) require such action to
ensure that Atlantic herring vessels do
not exceed the 2008 TAC. The Atlantic
herring fishery opened for the 2008
fishing year at 0001 hours on January 1,
2008. Data indicating the Atlantic
herring fleet will have landed at least 95
percent of the 2008 TAC have only
recently become available and there is
insufficient time to plan for prior notice
and comment on this action. The
Assistant Administrator for Fisheries,
NOAA (AA) therefore, 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 is
delayed to solicit prior public comment,
the quota for this fishing year will be
exceeded, thereby undermining the
conservation objectives of the FMP. The
AA further finds, pursuant to 5 U.S.C
553(d)(3), good cause to waive the thirty
(30) day delayed effectiveness period for
the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
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Dated: December 22, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–30835 Filed 12–29–08; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050613158–5262–03]
RIN 0648–AT48
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Extension
of Emergency Fishery Closure Due to
the Presence of the Toxin that Causes
Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; extension of effective period;
request for comments.
SUMMARY: This action extends a
temporary final rule initially published
on October 18, 2005. The regulations
contained in the temporary rule,
emergency action, published on October
18, 2005, and subsequently extended
several times at the request of the U.S.
Food and Drug Administration (FDA),
will expire on December 31, 2008. This
temporary rule extends a closure of
Federal waters through December 31,
2009. The FDA has determined that
current oceanographic conditions and
alga sampling data suggest that the
northern section of the Temporary
Paralytic Shellfish Poison (PSP) Closure
Area remain closed to the harvest of
bivalve molluscan shellfish, with the
exception of sea scallop adductor
muscles harvested and shucked at sea,
and that the southern area remain
closed to the harvest of whole or roe-on
scallops. NMFS is publishing the
regulatory text associated with this
closure in this temporary emergency
rule in order to ensure that current
regulations accurately reflect the
codified text that has been modified and
extended numerous times, so that the
public is aware of the regulations being
extended through December 31, 2009.
DATES: The amendments to § 648.14 are
effective from January 1, 2009, through
December 31, 2009. The expiration date
of the temporary emergency action
E:\FR\FM\30DER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79719-79720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30835]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061228342-7068-02]
RIN 0648-XM38
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Total Allowable Catch Harvested for Management Area 1B
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 79720]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure of Atlantic herring fishery for Management Area 1B.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that, effective 0001 hours, December 24, 2008,
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 1B (Area 1B) per trip or calendar day until January 1,
2009, when the 2009 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 1B for 2008 is projected to be harvested.
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 1B.
DATES: Effective 0001 hrs local time, December 24, 2008, through
December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management
Specialist, at (978) 281-9112.
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 2008 TAC
allocated to Area 1B (72 FR 17807, April 10, 2007) is 9,700 mt.
The regulations at Sec. 648.201 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
during a closure 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 1B for the 2008 fishing year is
projected to be harvested. Therefore, effective 0001 hrs local time,
December 24, 2008, 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 1B per trip or calendar day through December
31, 2008; except a vessel may transit Area 1B 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 1B, and provided all
fishing gear is stowed and not available for immediate use as required
by Sec. 648.23(b). Effective December 24, 2008, 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 1B through 2400
hrs local time, December 31, 2008.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
This action closes the Atlantic herring fishery for Management Area
1B until January 1, 2009, under current regulations. The regulations at
Sec. 648.201(a) require such action to ensure that Atlantic herring
vessels do not exceed the 2008 TAC. The Atlantic herring fishery opened
for the 2008 fishing year at 0001 hours on January 1, 2008. Data
indicating the Atlantic herring fleet will have landed at least 95
percent of the 2008 TAC have only recently become available and there
is insufficient time to plan for prior notice and comment on this
action. The Assistant Administrator for Fisheries, NOAA (AA) therefore,
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 is delayed to
solicit prior public comment, the quota for this fishing year will be
exceeded, thereby undermining the conservation objectives of the FMP.
The AA further finds, pursuant to 5 U.S.C 553(d)(3), good cause to
waive the thirty (30) day delayed effectiveness period for the reasons
stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 22, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-30835 Filed 12-29-08; 4:15 pm]
BILLING CODE 3510-22-S
