Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Reduction of the Landing Limit for Eastern Georges Bank Cod in the U.S./Canada Management Area, 9963-9964 [E9-4893]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations
The PRA information collection
requirements contained in the Eighth
Report and Order are as follows:
1. The Commission plans to modify
the ‘‘Application for Satellite Space and
Earth Station Authorizations’’ (FCC
Form 312), including Schedule B, in the
International Bureau Filing System
(‘‘MyIBFS’’) to reflect the off-axis
equivalent isotropically radiated power
(EIRP) envelope compliance
requirement. In the interim, earth
station applicants must submit a table as
an attachment to the FCC Form 312 to
show their compliance with the off-axis
EIRP requirement.
2. Earth station licensees who plan to
use a contention protocol must certify
that their contention protocol usage will
be reasonable. In the future, the
Commission will revise the FCC Form
312 in MyIBFS to provide a streamlined
method for earth station applicants
planning to use a contention protocol to
make this certification.
The information collection
requirements accounted for in this
collection are necessary to determine
the technical and legal qualifications of
applicants or licensees to operate a
station, transfer or assign a license, and
to determine whether the authorization
is in the public interest, convenience
and necessity. Without such
information, the Commission could not
determine whether to permit
respondents to provide
telecommunication services in the U.S.
Therefore, the Commission would be
unable to fulfill its statutory
responsibilities in accordance with the
Communications Act of 1934, as
amended, and the obligations imposed
on parties to the World Trade
Organization (WTO) Basic Telecom
Agreement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9–4905 Filed 3–6–09; 8:45 am]
dwashington3 on PROD1PC60 with RULES
BILLING CODE 6712–01–P
VerDate Nov<24>2008
14:42 Mar 06, 2009
Jkt 217001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071004577–8124–02]
RIN 0648–XN46
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Reduction of the
Landing Limit for Eastern Georges
Bank Cod in the U.S./Canada
Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reduction of
landing limit.
SUMMARY: This action decreases the
landing limit of Eastern Georges Bank
(GB) cod to 500 lb (226.8 kg) per dayat-sea (DAS), or any part of a DAS, up
to 5,000 lb (2,267.9 kg) per trip for NE
multispecies DAS vessels fishing in the
U.S./Canada Management Area. This
action is authorized by the regulations
implementing Amendment 13 to the NE
Multispecies Fishery Management Plan
and is intended to increase the
likelihood of harvesting the total
allowable catch (TAC) for Eastern GB
cod without exceeding it during the
2008 fishing year. This action is being
taken to allow vessels to fully harvest
the TACs for transboundary stocks of
GB cod, haddock, and yellowtail
flounder under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective March 9, 2009, through
April 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the GB cod
landing limit within the Eastern U.S./
Canada Area are found at
§ 648.85(a)(3)(iv)(A) and (D). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for Eastern GB cod
for the 2008 fishing year (May 1, 2008
–April 30, 2009) was set at 667 mt (73
FR 16572, March 28, 2008), a 35–
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
9963
percent increase from the TAC for the
2007 fishing year.
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Administrator, Northeast
(NE) Region, NMFS (Regional
Administrator), to increase or decrease
the trip limits in the U.S./Canada
Management Area to prevent overharvesting or under-harvesting the TAC
allocation. The default landing limit of
Eastern GB cod for NE multispecies
DAS vessels fishing in the Eastern U.S./
Canada Area is 500 lb (226.8 kg) per
DAS, or any part of a DAS, up to 5,000
lb (2,268 kg) per trip. NMFS published
a temporary rule on December 23, 2008
(73 FR 78659), increasing the landing
limit for Eastern GB cod to 1,000 lb
(453.6 kg) per DAS, or any part of a
DAS, up to 10,000 lb (4,535.9 kg) per
trip.
According to the most recent Vessel
Monitoring System (VMS) reports and
other available information, the
cumulative Eastern GB cod catch, is
approximately 53.8 percent of the TAC,
as of February 12, 2009, and is expected
to achieve the TAC by early April; prior
to conclusion of the 2008 fishing year.
If the TAC were reached it would
require that the Eastern U.S./Canada
Area be closed for the remainder of the
2008 fishing year, preventing the
harvest of the remaining portion of the
Eastern GB haddock TAC and
preventing harvest of GB yellowtail
flounder in the Eastern U.S./Canada
Area. Based on this information, the
Regional Administrator is decreasing
the current Eastern GB cod landing limit
of 1,000 lb (453.6 kg) per DAS, or any
part of a DAS, up to 10,000 lb (4,535.9
kg) per trip in the Eastern U.S./Canada
Area; to 500 lb (226.8 kg) per DAS, or
any part of a DAS, up to 5,000 lb (2,268
kg) per trip, effective 0001 hours local
time March 9, 2009, through April 30,
2009.
Eastern GB cod landings will continue
to be closely monitored. Further
inseason adjustments to increase or
decrease the trip limit may be
considered, based on updated catch data
and projections. Should 100 percent of
the TAC allocation for Eastern GB cod
be projected to be harvested, the Eastern
U.S./Canada Area would be closed to
limited access NE multispecies DAS
vessels for the remainder of the fishing
year.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), the Assistant Administrator finds
good cause to waive prior notice and
opportunity for public comment, as well
E:\FR\FM\09MRR1.SGM
09MRR1
dwashington3 on PROD1PC60 with RULES
9964
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations
as the delayed effectiveness for this
action, because prior notice and
comment and a delayed effectiveness
would be impracticable and contrary to
the public interest. The regulations
under § 658.85(a)(3)(iv)(D) grant the
Regional Administrator the authority to
adjust the Eastern GB cod trip limit to
prevent over-harvesting or underharvesting the TAC allocation. This
action would reduce the Eastern GB cod
limit for all NE multispecies DAS
vessels fishing in the U.S./Canada
Management Area for the remainder of
the 2008 fishing year. This action is
intended to prevent the over-harvest of
the Eastern GB cod TAC while allowing
continued opportunities to achieve
optimum yield in the NE multispecies
fishery.
It is important to take this action
immediately to slow the rate of Eastern
GB cod harvest. Any further delay of
this action is likely to result in a
precipitous harvest of the Eastern GB
cod TAC which may require that the
Eastern U.S./Canada Area be closed for
the remainder of the 2008 fishing year,
preventing the harvest of the remaining
portion of the Eastern GB haddock TAC,
and preventing harvest of GB yellowtail
flounder in the Eastern U.S./Canada
Management Area, thereby reducing the
ability of fishers to maximize their
fishing opportunities. Exceeding the
2008 TAC for Eastern GB cod would
increase mortality of this overfished
stock beyond that evaluated during the
development of Amendment 13,
resulting in decreased revenue for the
NE multispecies fishery, increased
negative economic impacts to vessels
operating in the Eastern U.S./Canada
Management Area, a reduced chance of
achieving optimum yield in the
groundfish fishery, and unnecessary
delays to the rebuilding of this
overfished stock. Exceeding the 2008
Eastern GB cod TAC would also
necessitate that any overages during the
2008 fishing year be deducted from the
Eastern GB cod TAC for the 2009 fishing
year. Reducing the 2009 TAC due to any
2008 TAC overage as a result of delaying
this action would create an unnecessary
burden on the fishing industry and
further negative economic and social
impacts that were not previously
considered.
The Regional Administrator’s
authority to decrease the trip limit for
Eastern GB cod in the U.S./Canada
Management Area to ensure the shared
U.S./Canada stocks of fish are harvested,
but not exceeded, was publicly
considered and open to public comment
during the development of Amendment
13. Further, the potential of decreasing
the Eastern GB cod trip limit was
VerDate Nov<24>2008
14:42 Mar 06, 2009
Jkt 217001
announced to the public when the
current trip limit was implemented on
December 23, 2008. The public is able
to obtain information on the rate of
harvest of the Eastern GB cod TAC via
the NMFS Northeast Regional Office
website (https://www.nero.noaa.gov),
which provides at least some advanced
notice of a potential action to prevent
the TAC for Eastern GB cod from being
exceeded during the 2008 fishing year.
Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–4893 Filed 3–4–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0809251266–81485–02]
RIN 0648–XN33
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
SUMMARY: NMFS announces that the
State of North Carolina is transferring a
portion of its 2009 commercial summer
flounder quota to the Commonwealth of
Virginia. By this action, NMFS adjusts
the quotas and announces the revised
commercial quota for each state
involved.
Effective March 4, 2009 through
December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244, FAX (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process to set the annual commercial
DATES:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
quota and the percent allocated to each
state are described in § 648.100.
The final rule implementing
Amendment 5 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which was published
on December 17, 1993 (58 FR 65936),
provided a mechanism for summer
flounder quota to be transferred from
one state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Northeast Region, NMFS (Regional
Administrator), can transfer or combine
summer flounder commercial quota
under § 648.100(d). The Regional
Administrator is required to consider
the criteria set forth in § 648.100(d)(3) in
the evaluation of requests for quota
transfers or combinations.
North Carolina has agreed to transfer
23,130 lb (10,492 kg) of its 2009
commercial quota to Virginia to cover
the summer flounder landings of three
North Carolina vessels granted safe
harbor in Virginia due to mechanical
issues between January 16 and January
28, 2009. The Regional Administrator
has determined that the criteria set forth
in § 648.100(d)(3) have been met. The
revised quotas for calendar year 2009
are: North Carolina, 2,893,992 lb
(1,312,693 kg) and Virginia, 2,341,054 lb
(1,061,884 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–4896 Filed 3–4–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–0956–02]
RIN 0648–XN71
Fisheries of the Exclusive Economic
Zone Off Alaska; Deep–Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Rules and Regulations]
[Pages 9963-9964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071004577-8124-02]
RIN 0648-XN46
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Reduction of the Landing Limit for Eastern
Georges Bank Cod in the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reduction of landing limit.
-----------------------------------------------------------------------
SUMMARY: This action decreases the landing limit of Eastern Georges
Bank (GB) cod to 500 lb (226.8 kg) per day-at-sea (DAS), or any part of
a DAS, up to 5,000 lb (2,267.9 kg) per trip for NE multispecies DAS
vessels fishing in the U.S./Canada Management Area. This action is
authorized by the regulations implementing Amendment 13 to the NE
Multispecies Fishery Management Plan and is intended to increase the
likelihood of harvesting the total allowable catch (TAC) for Eastern GB
cod without exceeding it during the 2008 fishing year. This action is
being taken to allow vessels to fully harvest the TACs for
transboundary stocks of GB cod, haddock, and yellowtail flounder under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Effective March 9, 2009, through April 30, 2009.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB cod landing
limit within the Eastern U.S./Canada Area are found at Sec.
648.85(a)(3)(iv)(A) and (D). The regulations authorize vessels issued a
valid limited access NE multispecies permit and fishing under a NE
multispecies DAS to fish in the U.S./Canada Management Area, as defined
at Sec. 648.85(a)(1), under specific conditions. The TAC for Eastern
GB cod for the 2008 fishing year (May 1, 2008 -April 30, 2009) was set
at 667 mt (73 FR 16572, March 28, 2008), a 35-percent increase from the
TAC for the 2007 fishing year.
The regulations at Sec. 648.85(a)(3)(iv)(D) authorize the
Administrator, Northeast (NE) Region, NMFS (Regional Administrator), to
increase or decrease the trip limits in the U.S./Canada Management Area
to prevent over-harvesting or under-harvesting the TAC allocation. The
default landing limit of Eastern GB cod for NE multispecies DAS vessels
fishing in the Eastern U.S./Canada Area is 500 lb (226.8 kg) per DAS,
or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. NMFS
published a temporary rule on December 23, 2008 (73 FR 78659),
increasing the landing limit for Eastern GB cod to 1,000 lb (453.6 kg)
per DAS, or any part of a DAS, up to 10,000 lb (4,535.9 kg) per trip.
According to the most recent Vessel Monitoring System (VMS) reports
and other available information, the cumulative Eastern GB cod catch,
is approximately 53.8 percent of the TAC, as of February 12, 2009, and
is expected to achieve the TAC by early April; prior to conclusion of
the 2008 fishing year. If the TAC were reached it would require that
the Eastern U.S./Canada Area be closed for the remainder of the 2008
fishing year, preventing the harvest of the remaining portion of the
Eastern GB haddock TAC and preventing harvest of GB yellowtail flounder
in the Eastern U.S./Canada Area. Based on this information, the
Regional Administrator is decreasing the current Eastern GB cod landing
limit of 1,000 lb (453.6 kg) per DAS, or any part of a DAS, up to
10,000 lb (4,535.9 kg) per trip in the Eastern U.S./Canada Area; to 500
lb (226.8 kg) per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg)
per trip, effective 0001 hours local time March 9, 2009, through April
30, 2009.
Eastern GB cod landings will continue to be closely monitored.
Further inseason adjustments to increase or decrease the trip limit may
be considered, based on updated catch data and projections. Should 100
percent of the TAC allocation for Eastern GB cod be projected to be
harvested, the Eastern U.S./Canada Area would be closed to limited
access NE multispecies DAS vessels for the remainder of the fishing
year.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), the Assistant
Administrator finds good cause to waive prior notice and opportunity
for public comment, as well
[[Page 9964]]
as the delayed effectiveness for this action, because prior notice and
comment and a delayed effectiveness would be impracticable and contrary
to the public interest. The regulations under Sec. 658.85(a)(3)(iv)(D)
grant the Regional Administrator the authority to adjust the Eastern GB
cod trip limit to prevent over-harvesting or under-harvesting the TAC
allocation. This action would reduce the Eastern GB cod limit for all
NE multispecies DAS vessels fishing in the U.S./Canada Management Area
for the remainder of the 2008 fishing year. This action is intended to
prevent the over-harvest of the Eastern GB cod TAC while allowing
continued opportunities to achieve optimum yield in the NE multispecies
fishery.
It is important to take this action immediately to slow the rate of
Eastern GB cod harvest. Any further delay of this action is likely to
result in a precipitous harvest of the Eastern GB cod TAC which may
require that the Eastern U.S./Canada Area be closed for the remainder
of the 2008 fishing year, preventing the harvest of the remaining
portion of the Eastern GB haddock TAC, and preventing harvest of GB
yellowtail flounder in the Eastern U.S./Canada Management Area, thereby
reducing the ability of fishers to maximize their fishing
opportunities. Exceeding the 2008 TAC for Eastern GB cod would increase
mortality of this overfished stock beyond that evaluated during the
development of Amendment 13, resulting in decreased revenue for the NE
multispecies fishery, increased negative economic impacts to vessels
operating in the Eastern U.S./Canada Management Area, a reduced chance
of achieving optimum yield in the groundfish fishery, and unnecessary
delays to the rebuilding of this overfished stock. Exceeding the 2008
Eastern GB cod TAC would also necessitate that any overages during the
2008 fishing year be deducted from the Eastern GB cod TAC for the 2009
fishing year. Reducing the 2009 TAC due to any 2008 TAC overage as a
result of delaying this action would create an unnecessary burden on
the fishing industry and further negative economic and social impacts
that were not previously considered.
The Regional Administrator's authority to decrease the trip limit
for Eastern GB cod in the U.S./Canada Management Area to ensure the
shared U.S./Canada stocks of fish are harvested, but not exceeded, was
publicly considered and open to public comment during the development
of Amendment 13. Further, the potential of decreasing the Eastern GB
cod trip limit was announced to the public when the current trip limit
was implemented on December 23, 2008. The public is able to obtain
information on the rate of harvest of the Eastern GB cod TAC via the
NMFS Northeast Regional Office website (https://www.nero.noaa.gov),
which provides at least some advanced notice of a potential action to
prevent the TAC for Eastern GB cod from being exceeded during the 2008
fishing year. Therefore, any negative effect the waiving of public
comment and delayed effectiveness may have on the public is mitigated
by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-4893 Filed 3-4-09; 4:15 pm]
BILLING CODE 3510-22-S
