Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels, 21559-21560 [E9-10673]
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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
to reduce the harvest and discard of red
snapper in the Gulf commercial and
recreational directed snapper fishery
and shrimp fishery. Regulatory changes
for the recreational fishery included
reducing the recreational quota to 2.45
million lb (1.11 million kg), reducing
the recreational bag limit from 4 to 2
fish per person, prohibiting for-hire
captain and crew from retaining bag
limits of red snapper while under
charter, and reducing the recreational
season length from 194 days (April 21–
October 31) to 122 days (June 1–
September 30).
On March 25, 2008, NMFS announced
the Gulf red snapper recreational fishery
was being closed effective August 5,
2008, for the remainder of the 2008
fishing year (73 FR 15674). Projections
at that time indicated the quota would
be met or exceeded by that date due to
incompatible regulations with some
Gulf states. Despite the early closure
and new regulatory measures, 2008
recreational red snapper landings were
3.65 million lb (1.66 million kg)-exceeding the quota by 1.2 million lb
(0.5 million kg). This overage was in
part due to incompatible regulations
with some Gulf states, as well as larger,
heavier red snapper being landed in
2008.
In 2009, red snapper state fishing
season changes are proposed for the
states of Alabama and Florida to further
reduce recreational red snapper harvest.
Both Florida and Alabama are proposing
fishing seasons in state waters
consistent with the Federal fishing
season. No changes to fishing seasons
are proposed for the remaining Gulf
states. The fishing season in state waters
off Mississippi will be the same as the
Federal red snapper season, Louisiana’s
season currently extends from June 1
through September 30 but compatibility
with the Federal fishing season is
anticipated, and Texas will maintain a
year-round fishing season in state
waters.
Using reported landings for 2008, and
taking into account state regulatory
changes in 2009, NMFS projects the
2009 recreational red snapper quota will
be met on August 14, 2009. Therefore,
in accordance with 50 CFR 622.43(a),
NMFS is closing the recreational red
snapper fishery in the Gulf EEZ effective
12:01 a.m. local time on August 15,
2009; the recreational fishery will
reopen on June 1, 2010, the beginning
of the 2010 recreational fishing season.
This quota closure also complies with
section 407(d) of the Magnuson-Stevens
Act, which requires that the retention of
red snapper be prohibited for the
remainder of the fishing year once the
quota is met.
VerDate Nov<24>2008
14:27 May 07, 2009
Jkt 217001
In addition to the Gulf EEZ closure, as
specified in 50 CFR 622.4(a)(1)(iv), a
person aboard a vessel for which a
Federal charter vessel/headboat permit
for Gulf reef fish has been issued must
also abide by these closure provisions in
state waters if Federal regulations
regarding this closure are more
restrictive than applicable state law. The
closure is intended to prevent
overfishing and increase the likelihood
that the 2009 quota will not be
exceeded. A detailed summary of the
quota closure analysis can be found at
https://sero.nmfs.noaa.gov/.
21559
Authority: 16 U.S.C. 1801 et seq.
Dated: May 5, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–10822 Filed 5–7–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Classification
[Docket No.070817467–8554–02]
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
finds good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(3)(B). Such procedures
would be unnecessary because the rule
implementing the quota and the
associated requirement for closure of the
fishery when the quota is reached or
projected to be reached already has been
subject to notice and comment, and all
that remains is to notify the public of
the closure. NMFS is mandated by
section 407(d) of the Magnuson-Stevens
Act, to establish this quota; keep harvest
within the quota; and close the fishery
when the quota is reached. NMFS also
has a legal obligation to keep harvest
within the quota limits established by
the stock rebuilding plan in the FMP.
Providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. Many of those affected by this
closure, particularly charter vessel and
headboat operations, book trips for
clients months in advance and,
therefore, need as much time as possible
to adjust business plans to account for
the closure. Delaying announcement of
the closure rule to accommodate prior
public notice and comment would
result in significantly less advance
notice of the definitive closure date;
decrease the time available for affected
participants to adjust business plans;
and be very disruptive. Given the legal
obligation to implement this closure in
a timely manner, NMFS believes it is
important to establish the closure date
as soon as possible to allow affected
participants the maximum amount of
time to adjust their fishing activities
consistent with the closure.
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
RIN 0648–XP03
PO 00000
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Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Closure of the
Limited Access General Category
Scallop Fishery to Individual Fishing
Quota Scallop Vessels
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces that the
Limited Access General Category
(LAGC) Scallop Fishery will close to
individual fishing quota (IFQ) scallop
vessels until it re-opens on June 1, 2009,
under current regulations. This action is
based on the determination that the first
quarter scallop total allowable catch
(TAC) for LAGC IFQ scallop vessels
(including vessels issued an IFQ letter
of authorization (LOA) to fish under
appeal), is projected to be landed. This
action is being taken to prevent IFQ
scallop vessels from exceeding the 2009
first quarter TAC, in accordance with
the regulations implementing
Amendment 11 to the Atlantic Sea
Scallop Fishery Management Plan
(FMP), enacted by Framework 19 to the
FMP, and the Magnuson-Stevens
Fishery Conservation and Management
Act.
DATES: The closure of the LAGC fishery
to all IFQ scallop vessels is effective
0001 hr local time, May 6, 2009, through
May 31, 2009.
FOR FURTHER INFORMATION CONTACT: Don
Frei, Fishery Management Specialist,
(978) 281–9221, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the LAGC fishery are found at §§ 648.59
and 648.60. Regulations specifically
governing IFQ scallop vessel operations
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08MYR1
21560
Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations
hsrobinson on PROD1PC76 with RULES
in the LAGC fishery are specified at
§ 648.53(a)(8)(iii). These regulations
authorize vessels issued a valid IFQ
scallop permit to fish in the LAGC
fishery under specific conditions,
including a TAC. The TACs were
established by the final rule that
implemented Framework 19 to the FMP
(73 FR 30790 May 29, 2008) and
included a TAC of 1,606,508 lb
(728,699.8 kg) that may be landed by
IFQ vessels during the first quarter of
the 2009 fishing year. The regulations at
§ 648.53(a)(8)(iii) require the LAGC
fishery to be closed to IFQ vessels once
the NMFS Northeast Regional
Administrator has determined that the
TAC is projected to be landed.
Based on dealer reporting and vessel
pre-landing reports through Vessel
Monitoring Systems (VMS), a projection
concluded that, given current activity
levels by IFQ scallop vessels in the area,
1,606,508 lb (728,699 kg) will have been
landed on May 4, 2009. Therefore, in
accordance with the regulations at
§ 648.53(a)(8)(iii), the LAGC scallop
fishery is closed to all IFQ vessels as of
VerDate Nov<24>2008
14:27 May 07, 2009
Jkt 217001
0001 hr local time, May 4, 2009. IFQ
scallop vessels are not allowed to fish
for, possess, or retain scallops; or
declare, or initiate, a scallop trip
following this closure for the remainder
of the 2009 first quarter, through May
31, 2009. The LAGC scallop fishery will
re-open to IFQ scallop vessels on June
1, 2009.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
This action closes the LAGC scallop
fishery to all IFQ scallop vessels until
June 1, 2009,. The regulations at
§ 648.53(a)(8)(iii) require such action to
ensure that IFQ scallop vessels do not
exceed the 2009 first quarter TAC. The
LAGC scallop fishery opened for the
first quarter of the 2009 fishing year at
0001 hours on March 1, 2009. Data
indicating the IFQ scallop fleet has
landed all of the 2009 first quarter TAC
have only recently become available.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 to allow
a period public comment. If
implementation of this closure is
delayed to solicit prior public comment,
the quota for this quarter will be
exceeded, thereby undermining the
conservation objectives of the FMP.
Also, if the magnitude of any overage is
significant, it would warrant a decrease
in the third quarter quota. This would
have a negative economic impact on
vessels that fish seasonally in that
period. The AA further finds, pursuant
to 5 U.S.C 553(d)(3), good cause to
waive the 30 day delay in effectiveness
for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 4, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–10673 Filed 5–4–09; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\08MYR1.SGM
08MYR1
]]>Agencies
[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21559-21560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10673]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.070817467-8554-02]
RIN 0648-XP03
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Closure of the Limited Access General Category Scallop
Fishery to Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Limited Access General Category (LAGC)
Scallop Fishery will close to individual fishing quota (IFQ) scallop
vessels until it re-opens on June 1, 2009, under current regulations.
This action is based on the determination that the first quarter
scallop total allowable catch (TAC) for LAGC IFQ scallop vessels
(including vessels issued an IFQ letter of authorization (LOA) to fish
under appeal), is projected to be landed. This action is being taken to
prevent IFQ scallop vessels from exceeding the 2009 first quarter TAC,
in accordance with the regulations implementing Amendment 11 to the
Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by
Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation
and Management Act.
DATES: The closure of the LAGC fishery to all IFQ scallop vessels is
effective 0001 hr local time, May 6, 2009, through May 31, 2009.
FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management
Specialist, (978) 281-9221, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the LAGC fishery are found at Sec. Sec. 648.59 and 648.60. Regulations
specifically governing IFQ scallop vessel operations
[[Page 21560]]
in the LAGC fishery are specified at Sec. 648.53(a)(8)(iii). These
regulations authorize vessels issued a valid IFQ scallop permit to fish
in the LAGC fishery under specific conditions, including a TAC. The
TACs were established by the final rule that implemented Framework 19
to the FMP (73 FR 30790 May 29, 2008) and included a TAC of 1,606,508
lb (728,699.8 kg) that may be landed by IFQ vessels during the first
quarter of the 2009 fishing year. The regulations at Sec.
648.53(a)(8)(iii) require the LAGC fishery to be closed to IFQ vessels
once the NMFS Northeast Regional Administrator has determined that the
TAC is projected to be landed.
Based on dealer reporting and vessel pre-landing reports through
Vessel Monitoring Systems (VMS), a projection concluded that, given
current activity levels by IFQ scallop vessels in the area, 1,606,508
lb (728,699 kg) will have been landed on May 4, 2009. Therefore, in
accordance with the regulations at Sec. 648.53(a)(8)(iii), the LAGC
scallop fishery is closed to all IFQ vessels as of 0001 hr local time,
May 4, 2009. IFQ scallop vessels are not allowed to fish for, possess,
or retain scallops; or declare, or initiate, a scallop trip following
this closure for the remainder of the 2009 first quarter, through May
31, 2009. The LAGC scallop fishery will re-open to IFQ scallop vessels
on June 1, 2009.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
This action closes the LAGC scallop fishery to all IFQ scallop
vessels until June 1, 2009,. The regulations at Sec. 648.53(a)(8)(iii)
require such action to ensure that IFQ scallop vessels do not exceed
the 2009 first quarter TAC. The LAGC scallop fishery opened for the
first quarter of the 2009 fishing year at 0001 hours on March 1, 2009.
Data indicating the IFQ scallop fleet has landed all of the 2009 first
quarter TAC have only recently become available. The Assistant
Administrator for Fisheries, NOAA (AA), 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 to allow a
period public comment. If implementation of this closure is delayed to
solicit prior public comment, the quota for this quarter will be
exceeded, thereby undermining the conservation objectives of the FMP.
Also, if the magnitude of any overage is significant, it would warrant
a decrease in the third quarter quota. This would have a negative
economic impact on vessels that fish seasonally in that period. The AA
further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the
30 day delay in effectiveness for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 4, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-10673 Filed 5-4-09; 8:45 am]
BILLING CODE 3510-22-S
