Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery, 26803-26804 [E9-13072]

Download as PDF Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations transition DTV channel 16 at Yuma, Arizona. DATES: This rule is effective June 4, 2009. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 08–163, adopted May 20, 2009, and released May 27, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) 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The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: ■ PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ VerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Arizona, is amended by adding DTV channel 13 and removing DTV channel 16 at Yuma. ■ Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–13054 Filed 6–3–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648–XP47 Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Gulf of Mexico Non– Sandbar Large Coastal Shark Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishery closure. SUMMARY: NMFS is closing the commercial fishery for non–sandbar large coastal sharks (LCS) in the Gulf of Mexico region. This action is necessary because that quota for the 2009 fishing season is projected to have reached at least 80 percent of the available quota. DATES: The commercial non–sandbar LCS fishery is closed effective 11:30 p.m. local time June 6, 2009 until the publication of the 2010 shark season specifications in the Federal Register. FOR FURTHER INFORMATION CONTACT: Karyl Brewster–Geisz, 301–713–2347; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), shark dealers are required to report every two weeks. Dealer reports for fish received between the 1st and 15th of any month must be received by NMFS by the 25th of that month. Dealer reports for fish received between the 16th and the end of any PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 26803 month must be received by NMFS by the 10th of the following month. Under § 635.28(b)(2), when NMFS projects that fishing season landings for a specific shark quota have reached or are about to reach 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notice of closure for that shark species group that will be effective no fewer than 5 days from the date of filing. From the effective date and time of the closure until NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fishery for that specific quota is closed, even across fishing years. On December 24, 2008 (73 FR 79005), NMFS announced that the non–sandbar LCS quota for the Gulf of Mexico region for the 2009 fishing year would be 390.5 metric tons (mt) dressed weight (dw) (860,896 lb dw). Dealer reports through the April 30, 2009, reporting period indicate that 293.8 mt dw or 75 percent of the available quota for non–sandbar LCS has been taken in the Gulf of Mexico. Dealer reports indicate that 56 percent of the quota was taken from the opening of the fishery on January 23, 2009, through February 28, 2009; 9 percent of the quota was taken in March; and 10 percent was taken in April. Based on dealer reports in March and April, NMFS expects that approximately 10 percent of the quota will also be taken in May. Based on this projection, the fishery could reach 85 percent of the quota, which exceeds the 80 percent limit specified in the regulations. Accordingly, NMFS is closing the commercial non–sandbar LCS fishery in the Gulf of Mexico region as of 11:30 p.m. local time June 6, 2009. All other shark fisheries remain open. At § 635.27(b)(1)(ii), the boundary between the Gulf of Mexico region and the Atlantic region is defined as a line beginning on the east coast of Florida at the mainland at 25°20.4′ N. lat, proceeding due east. Any water and land to the south and west of that boundary is considered, for the purposes of quota monitoring and setting of quotas, to be within the Gulf of Mexico region. During the closure, retention of non– sandbar LCS sharks in the Gulf of Mexico region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under 50 CFR 635.4, unless the vessel is permitted to operate as a charter vessel or headboat for HMS and is engaged in a for–hire trip, in which case the recreational retention limits for sharks and no sale provisions apply (50 CFR 635.22(a) and (c)), or if the vessel E:\FR\FM\04JNR1.SGM 04JNR1 26804 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations possesses a valid shark research permit under § 635.32 and an NMFS–approved observer is onboard. A shark dealer, issued a permit pursuant to § 635.4, may not purchase or receive non–sandbar LCS in the Gulf of Mexico region from a vessel issued an Atlantic Shark LAP, except that a permitted shark dealer or processor may possess non–sandbar LCS that were harvested, off–loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. However, a permitted shark dealer or processor may possess non–sandbar LCS that were harvested by a vessel issued a valid shark research fishery permit (per § 635.32) with a NMFS–approved observer onboard during the trip the sharks were taken as long as the non– sandbar shark research fishery remains open. Under this closure, a shark dealer, issued a permit pursuant to § 635.4 may, in accordance with state regulations, purchase or receive a non–sandbar LCS in the Gulf of Mexico region if the sharks were harvested, off–loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued a Shark LAP, HMS Angling permit, or HMS Charter/ Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing for prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway, and any delay in this action would cause overharvest of the quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the quota is exceeded, the affected public is likely to experience reductions in the available quota and a lack of fishing opportunities in future seasons. Thus, for these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 29, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–13072 Filed 6–1–09; 4:15 pm] BILLING CODE 3510–22–S VerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910091344–9056–02] RIN 0648–XP57 Fisheries of the Exclusive Economic Zone Off Alaska; Deep–Water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for species that comprise the deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2009 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep–water species fisheries. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2009, through 1200 hrs, A.l.t., July 31, 2009. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson– Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2009 Pacific halibut PSC sideboard limit specified for the deep– water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is 8 metric tons as established by § 679.82(d), the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009), and as posted as the Catcher Processor Sideboards at https:// PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 www.fakr.noaa.gov/sustainablefisheries/ goarat/default.htm. In accordance with § 679.82(d)(9)(i)(B), the Administrator, Alaska Region, NMFS, has determined that the 2009 Pacific halibut PSC sideboard limit specified for the deep– water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep–water species fisheries. Consequently, in accordance with § 679.82(d)(9)(ii)(B), NMFS is prohibiting directed fishing for species that comprise the deep–water species fishery by catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA. The species and species groups that comprise the deep–water species fishery for the sideboard limit include deep–water flatfish, rex sole, and arrowtooth flounder. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. Notice and comment is unnecessary because there is insufficient halibut PSC sideboard limit to support a directed fishery and therefore the Regional Administrator has no discretion for any action other than to prohibit directed fishing. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.82 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 29, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–13087 Filed 6–3–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26803-26804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XP47


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery

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

ACTION: Fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large 
coastal sharks (LCS) in the Gulf of Mexico region. This action is 
necessary because that quota for the 2009 fishing season is projected 
to have reached at least 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fishery is closed effective 11:30 
p.m. local time June 6, 2009 until the publication of the 2010 shark 
season specifications in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, 301-713-2347; 
fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and its implementing regulations 
found at 50 CFR part 635 issued under authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report every 
two weeks. Dealer reports for fish received between the 1\st\ and 
15\th\ of any month must be received by NMFS by the 25\th\ of that 
month. Dealer reports for fish received between the 16\th\ and the end 
of any month must be received by NMFS by the 10\th\ of the following 
month. Under Sec.  635.28(b)(2), when NMFS projects that fishing season 
landings for a specific shark quota have reached or are about to reach 
80 percent of the available quota, NMFS will file for publication with 
the Office of the Federal Register a notice of closure for that shark 
species group that will be effective no fewer than 5 days from the date 
of filing. From the effective date and time of the closure until NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fishery for that specific 
quota is closed, even across fishing years.
    On December 24, 2008 (73 FR 79005), NMFS announced that the non-
sandbar LCS quota for the Gulf of Mexico region for the 2009 fishing 
year would be 390.5 metric tons (mt) dressed weight (dw) (860,896 lb 
dw). Dealer reports through the April 30, 2009, reporting period 
indicate that 293.8 mt dw or 75 percent of the available quota for non-
sandbar LCS has been taken in the Gulf of Mexico. Dealer reports 
indicate that 56 percent of the quota was taken from the opening of the 
fishery on January 23, 2009, through February 28, 2009; 9 percent of 
the quota was taken in March; and 10 percent was taken in April. Based 
on dealer reports in March and April, NMFS expects that approximately 
10 percent of the quota will also be taken in May. Based on this 
projection, the fishery could reach 85 percent of the quota, which 
exceeds the 80 percent limit specified in the regulations. Accordingly, 
NMFS is closing the commercial non-sandbar LCS fishery in the Gulf of 
Mexico region as of 11:30 p.m. local time June 6, 2009. All other shark 
fisheries remain open.
    At Sec.  635.27(b)(1)(ii), the boundary between the Gulf of Mexico 
region and the Atlantic region is defined as a line beginning on the 
east coast of Florida at the mainland at 25[deg]20.4' N. lat, 
proceeding due east. Any water and land to the south and west of that 
boundary is considered, for the purposes of quota monitoring and 
setting of quotas, to be within the Gulf of Mexico region.
    During the closure, retention of non-sandbar LCS sharks in the Gulf 
of Mexico region is prohibited for persons fishing aboard vessels 
issued a commercial shark limited access permit under 50 CFR 635.4, 
unless the vessel is permitted to operate as a charter vessel or 
headboat for HMS and is engaged in a for-hire trip, in which case the 
recreational retention limits for sharks and no sale provisions apply 
(50 CFR 635.22(a) and (c)), or if the vessel

[[Page 26804]]

possesses a valid shark research permit under Sec.  635.32 and an NMFS-
approved observer is onboard. A shark dealer, issued a permit pursuant 
to Sec.  635.4, may not purchase or receive non-sandbar LCS in the Gulf 
of Mexico region from a vessel issued an Atlantic Shark LAP, except 
that a permitted shark dealer or processor may possess non-sandbar LCS 
that were harvested, off-loaded, and sold, traded, or bartered, prior 
to the effective date of the closure and were held in storage. However, 
a permitted shark dealer or processor may possess non-sandbar LCS that 
were harvested by a vessel issued a valid shark research fishery permit 
(per Sec.  635.32) with a NMFS-approved observer onboard during the 
trip the sharks were taken as long as the non-sandbar shark research 
fishery remains open. Under this closure, a shark dealer, issued a 
permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a non-sandbar LCS in the Gulf of 
Mexico region if the sharks were harvested, off-loaded, and sold, 
traded, or bartered from a vessel that fishes only in state waters and 
that has not been issued a Shark LAP, HMS Angling permit, or HMS 
Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway, and any delay in 
this action would cause overharvest of the quota and be inconsistent 
with management requirements and objectives. Similarly, affording prior 
notice and opportunity for public comment on this action is contrary to 
the public interest because if the quota is exceeded, the affected 
public is likely to experience reductions in the available quota and a 
lack of fishing opportunities in future seasons. Thus, for these 
reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: May 29, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13072 Filed 6-1-09; 4:15 pm]
BILLING CODE 3510-22-S