Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Closure of the Eastern U.S./Canada Management Area, 17907-17908 [E9-8990]

Download as PDF Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 195; 33 CFR 1.05–1, 6.04–1, 6.04–6; 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0217 to read as follows: ■ § 165.T05–0217 Safety Zone; Jordan Bridge Lift Span Demolition, Elizabeth River, Chesapeake and Portsmouth, VA. rmajette on PRODPC74 with RULES (a) Regulated Area. The following area is a safety zone: All waters of the Elizabeth River, located between the Belt Line Railroad Bridge at approximate position 36°48′42″ N/ 76°17′25″ W (NAD 1983) and the Norfolk and Western Portsmouth Chesapeake Railroad Bridge at approximate position 36°47′49″ N/ 76°17′34″ W (NAD 1983), in the vicinity of Chesapeake and Portsmouth, VA. (b) Definition: For the purposes of this part, Captain of the Port Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port Hampton Roads, Virginia to act on his behalf. (c) Regulations: (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Hampton Roads or his designated representatives. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (ii) Proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port Hampton Roads can be reached through the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia at telephone Number (757) 668–5555. (4) The Coast Guard Representatives enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65Mhz) and channel 16 (156.8 Mhz). (d) Enforcement Period: This regulation will be enforced from May 3, 2009 through May 6, 2009, with contingency dates of May 18, 2009 through May 21, 2009 in the event of adverse weather conditions. Dated: April 3, 2009. Patrick B. Trapp, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. [FR Doc. E9–8946 Filed 4–17–09; 8:45 am] BILLING CODE 4910–15–P VerDate Nov<24>2008 14:41 Apr 17, 2009 Jkt 217001 17907 is being taken to prevent the 2008 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded during the 38 CFR Part 21 2008 fishing year in accordance with the regulations implemented under RIN 2900—AN10 Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and Post-9/11 GI Bill the Magnuson–Stevens Fishery Correction Conservation and Management Act. DATES: The temporary closure of the In rule document E9–7052 beginning Eastern U.S./Canada Area to all limited on page 14654 in the issue of Tuesday, access NE multispecies DAS vessels is March 31, 2009, make the following effective 0001 hr April 16, 2009, corrections: through 2400 hr local time, April 30, § 21.4200 [Corrected] 2009. 1. On page 14667, in the second FOR FURTHER INFORMATION CONTACT: column, in §21.4200, under amendatory Douglas Potts, Fishery Policy Analyst, instruction 21a., ‘‘title10, U.S.C.’’ (978) 281–9341, fax (978) 281–9135. should read ‘‘title 10, U.S.C.’’. SUPPLEMENTARY INFORMATION: Regulations governing the GB cod § 21.9650 [Corrected] 2. On page 14687, in the first column, landing limit within the Eastern U.S./ Canada Area are found at in §21.9650(a)(i), ‘‘$50.00 per month’’ (§ 648.85(a)(3)(iv)(A) and (D). The should read ‘‘$950.00 per month’’. regulations authorize vessels issued a 3. On the same page, in the second valid limited access NE multispecies column, in §21.9650(b)(2)(i), ‘‘$50.00 permit and fishing under a NE per month’’ should read ‘‘$950.00 per multispecies DAS to fish in the U.S./ month’’. Canada Management Area, as defined at [FR Doc. Z9–7052 Filed 4–17–09; 8:45 am] (§ 648.85(a)(1), under specific BILLING CODE 1505–01–D 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 DEPARTMENT OF COMMERCE 16572, March 28, 2008), a 35–percent increase from the TAC for the 2007 National Oceanic and Atmospheric fishing year. Administration The regulations at (§ 648.85(a)(3)(iv)(D) authorize the 50 CFR Part 648 Administrator, Northeast (NE) Region, NMFS (Regional Administrator), to [Docket No. 071004577–8124–02] increase or decrease the trip limits in RIN 0648–XO25 the U.S./Canada Management Area to prevent over-harvesting or underMagnuson-Stevens Fishery harvesting the TAC allocation. The Conservation and Management Act default landing limit of Eastern GB cod Provisions; Fisheries of the for NE multispecies DAS vessels fishing Northeastern United States; Northeast in the Eastern U.S./Canada Area is 500 Multispecies Fishery; Closure of the lb (226.8 kg) per DAS, or any part of a Eastern U.S./Canada Management Area DAS, up to 5,000 lb (2,268 kg) per trip. NMFS published a temporary rule on AGENCY: National Marine Fisheries December 23, 2008 (73 FR 78659), Service (NMFS), National Oceanic and increasing the landing limit for Eastern Atmospheric Administration (NOAA), GB cod to 1,000 lb (453.6 kg) per DAS, Commerce. or any part of a DAS, up to 10,000 lb ACTION: Temporary rule; closure. (4,535.9 kg) per trip. The limit was SUMMARY: NMFS announces a temporary subsequently decreased on March 9, closure of the Eastern U.S./Canada Area 2009, to 500 lb per DAS, or any part of to limited access NE multispecies daysa DAS, up to 5,000 lb per trip, as the at-sea (DAS) vessels. Based upon Vessel TAC was expected to be achieved by Monitoring System (VMS) reports and early April, prior to the conclusion of other available information, the the 2008 fishing year. Based upon VMS daily catch reports Administrator, Northeast Region, NMFS and other available information, the (Regional Administrator) has projected 2008 TAC is projected to be achieved if that 100 percent of the total allowable the Eastern U.S./Canada Area is closed catch (TAC) of Georges Bank (GB) cod immediately. Therefore, to ensure that allocated to be harvested from the the TAC for GB cod will not be Eastern U.S./Canada Area would be exceeded, the Eastern U.S./Canada Area harvested in the next few days, if current catch rates continue. This action is closed to all limited access NE DEPARTMENT OF VETERANS AFFAIRS PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1 17908 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations multispecies DAS vessels, effective 0001 hr April 16, 2009, pursuant to (§ 648.85(a)(3)(iv)(E), through the end of the 2008 fishing year (April 30, 2009). Vessel owners that have made a correct VMS declaration indicating their intention to fish in the Eastern U.S./ Canada Area, and crossed the demarcation line prior to 0001 hr April 16, 2009 may continue to fish for the remainder of their trip in the Eastern U.S./Canada Area. Vessels that are currently declared into the Eastern U.S./ Canada Area and have already (flexed out( or (flexed west,( may not reenter the Eastern U.S./Canada Area after 0001 hr April 16, 2009. Any vessel that leaves the Eastern U.S./Canada Area after 0001 hr April 16, 2009 is prohibited from reentering the Eastern U.S./Canada Area for the remainder of the fishing year, unless otherwise notified. Classification rmajette on PRODPC74 with RULES 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), there is good cause to waive prior notice and opportunity for public comment, as well 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. This action will temporarily close the Eastern U.S./Canada Area to NE multispecies DAS vessels. This action is necessary to prevent the Eastern U.S./Canada Area VerDate Nov<24>2008 14:41 Apr 17, 2009 Jkt 217001 GB cod TAC from being exceeded during the 2008 fishing year. Because of the rapidly increasing GB cod harvest rate, and the small GB cod TAC, it is projected that 102 percent of the GB cod TAC will be harvested if the Eastern U.S./Canada Area is closed immediately. This projection was not available until April 13, 2009. This action is required by the regulations at (§ 648.85(a)(3)(iv)(E) to prevent over-harvesting the U.S./Canada Management Area TACs. The time necessary to provide for prior notice, opportunity for public comment, and delayed effectiveness for this action would prevent the agency from taking immediate action to halt the catch of GB cod in the Eastern U.S./Canada Area and prevent the Eastern U.S./Canada Area GB cod TAC from being exceeded prior to the end of the 2008 fishing year. To allow vessels to continue directed fishing effort on GB cod and GB haddock during the period necessary to publish and receive comments on a proposed rule could allow the GB cod harvest to exceed the GB cod TAC for the 2008 fishing year. Exceeding the 2008 TAC for 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 Area, a reduced chance of achieving optimum yield in the groundfish PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 fishery, and unnecessary delays to the rebuilding of this overfished stock. Exceeding the 2008 GB cod TAC would also necessitate that any overage of the GB cod TAC during the 2008 fishing year be deducted from the GB cod TAC for the 2009 fishing year. Reducing the 2009 TAC due to exceeding the 2008 TAC caused by delaying this action, therefore, would create an unnecessary burden on the fishing industry and further negative economic and social impacts that were not previously considered. 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 (http://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. Further, the potential for this action was considered and open to public comment during the development of Amendment 13 and Framework 42 to the FMP. 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: April 15, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–8990 Filed 4–15–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\20APR1.SGM 20APR1

Agencies

[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Rules and Regulations]
[Pages 17907-17908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
RIN 0648-XO25


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Closure of the Eastern U.S./Canada Management 
Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces a temporary closure of the Eastern U.S./Canada 
Area to limited access NE multispecies days-at-sea (DAS) vessels. Based 
upon Vessel Monitoring System (VMS) reports and other available 
information, the Administrator, Northeast Region, NMFS (Regional 
Administrator) has projected that 100 percent of the total allowable 
catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the 
Eastern U.S./Canada Area would be harvested in the next few days, if 
current catch rates continue. This action is being taken to prevent the 
2008 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded 
during the 2008 fishing year in accordance with the regulations 
implemented under Amendment 13 to the NE Multispecies Fishery 
Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and 
Management Act.

DATES: The temporary closure of the Eastern U.S./Canada Area to all 
limited access NE multispecies DAS vessels is effective 0001 hr April 
16, 2009, through 2400 hr local time, 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. 
The limit was subsequently decreased on March 9, 2009, to 500 lb per 
DAS, or any part of a DAS, up to 5,000 lb per trip, as the TAC was 
expected to be achieved by early April, prior to the conclusion of the 
2008 fishing year.
    Based upon VMS daily catch reports and other available information, 
the 2008 TAC is projected to be achieved if the Eastern U.S./Canada 
Area is closed immediately. Therefore, to ensure that the TAC for GB 
cod will not be exceeded, the Eastern U.S./Canada Area is closed to all 
limited access NE

[[Page 17908]]

multispecies DAS vessels, effective 0001 hr April 16, 2009, pursuant to 
(Sec.  648.85(a)(3)(iv)(E), through the end of the 2008 fishing year 
(April 30, 2009).
    Vessel owners that have made a correct VMS declaration indicating 
their intention to fish in the Eastern U.S./Canada Area, and crossed 
the demarcation line prior to 0001 hr April 16, 2009 may continue to 
fish for the remainder of their trip in the Eastern U.S./Canada Area. 
Vessels that are currently declared into the Eastern U.S./Canada Area 
and have already (flexed out( or (flexed west,( may not reenter the 
Eastern U.S./Canada Area after 0001 hr April 16, 2009. Any vessel that 
leaves the Eastern U.S./Canada Area after 0001 hr April 16, 2009 is 
prohibited from reentering the Eastern U.S./Canada Area for the 
remainder of the fishing year, unless otherwise notified.

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), there is good cause 
to waive prior notice and opportunity for public comment, as well 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. This action will temporarily close the Eastern 
U.S./Canada Area to NE multispecies DAS vessels. This action is 
necessary to prevent the Eastern U.S./Canada Area GB cod TAC from being 
exceeded during the 2008 fishing year. Because of the rapidly 
increasing GB cod harvest rate, and the small GB cod TAC, it is 
projected that 102 percent of the GB cod TAC will be harvested if the 
Eastern U.S./Canada Area is closed immediately. This projection was not 
available until April 13, 2009.
    This action is required by the regulations at (Sec.  
648.85(a)(3)(iv)(E) to prevent over-harvesting the U.S./Canada 
Management Area TACs. The time necessary to provide for prior notice, 
opportunity for public comment, and delayed effectiveness for this 
action would prevent the agency from taking immediate action to halt 
the catch of GB cod in the Eastern U.S./Canada Area and prevent the 
Eastern U.S./Canada Area GB cod TAC from being exceeded prior to the 
end of the 2008 fishing year. To allow vessels to continue directed 
fishing effort on GB cod and GB haddock during the period necessary to 
publish and receive comments on a proposed rule could allow the GB cod 
harvest to exceed the GB cod TAC for the 2008 fishing year. Exceeding 
the 2008 TAC for 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 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 GB cod TAC would also necessitate 
that any overage of the GB cod TAC during the 2008 fishing year be 
deducted from the GB cod TAC for the 2009 fishing year. Reducing the 
2009 TAC due to exceeding the 2008 TAC caused by delaying this action, 
therefore, would create an unnecessary burden on the fishing industry 
and further negative economic and social impacts that were not 
previously considered.
    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 
(http://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. Further, the potential for 
this action was considered and open to public comment during the 
development of Amendment 13 and Framework 42 to the FMP. 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: April 15, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8990 Filed 4-15-09; 4:15 pm]
BILLING CODE 3510-22-S