Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area, 30973-30974 [E9-15312]
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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations
Georges Bank (GB) cod allocated to be
harvested from the Eastern U.S./Canada
Area from May 1, 2009, through July 31,
20098, would be harvested on or around
June 24, 2009, if current catch rates
continue. This action is being taken to
prevent the Eastern U.S./Canada Area
TAC specified for the first quarter of the
2009 fishing year from being exceeded.
This area will be reopened on August 1,
2009, to provide access to the shared
U.S./Canada Stocks of cod, haddock,
and yellowtail flounder.
DATES: The temporary closure of the
Eastern U.S./Canada Area to all limited
access NE multispecies DAS vessels is
effective 0001 hr June 26, 2009, through
2400 hr local time, July 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Management
Specialist, (978) 281–9122, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the U.S./Canada Management Area are
found at § 648.85. These regulations
authorize vessels issued a valid limited
access NE multispecies permit and
(iv) A statement signed by the dealer
fishing under a NE multispecies DAS to
attesting that such fish was harvested
fish in the Eastern U.S./Canada Area
from an area other than the South
under specific conditions. The final
Atlantic.
2009 Interim Rule published on April
*
*
*
*
*
13, 2009 (73 FR 17030) set the Eastern
[FR Doc. E9–15342 Filed 6–26–09; 8:45 am]
GB cod TAC allocation for the 2009
fishing year at 527 mt. The Interim Rule
BILLING CODE 3510–22–S
also delayed the opening of the Eastern
U.S./Canada Area to trawl vessels until
DEPARTMENT OF COMMERCE
August 1, 2009, and set a TAC for the
first quarter of the 2009 fishing year for
National Oceanic and Atmospheric
fixed-gear vessels at 5 percent of the
Administration
annual TAC (26.4 mt). To prevent overharvesting the TAC allocations for the
50 CFR Part 648
U.S./Canada Management Area, the
regulations at § 648.85(a)(3)(iv)(D)
[Docket No. 080521698–9067–02]
authorize the Regional Administrator to
RIN 0648–XQ01
close access to the Eastern U.S./Canada
Area for all limited access NE
Magnuson-Stevens Fishery
multispecies DAS vessels.
Conservation and Management Act
Based upon VMS daily catch reports
Provisions; Fisheries of the
and other available information, 79
Northeastern United States; Northeast
percent of the first quarter 2009 Eastern
(NE) Multispecies Fishery; Closure of
GB cod TAC of 26.4 mt has been
the Eastern U.S./Canada Area
harvested. Assuming this catch rate
continues, it is estimated that 100
AGENCY: National Marine Fisheries
percent of the 2009 Eastern GB cod TAC
Service (NMFS), National Oceanic and
specified for the first quarter will be
Atmospheric Administration (NOAA),
caught on or around June 24, 2009.
Commerce.
Therefore, based on the available
ACTION: Temporary rule; closure.
information described above, to ensure
SUMMARY: NMFS announces a temporary that the first quarter TAC for Eastern GB
closure of the Eastern U.S./Canada Area cod will not be exceeded, the Eastern
U.S./Canada Area is temporarily closed
to limited access NE multispecies daysat-sea (DAS) vessels. Based upon Vessel to all limited access NE multispecies
DAS vessels, effective 0001 hr June 26,
Monitoring System (VMS) reports and
2009, pursuant to § 648.85(a)(3)(iv)(E).
other available information, the
Administrator, Northeast Region, NMFS This area will reopen on August 1, 2009,
to all NE multispecies DAS vessels
(Regional Administrator) has projected
fishing with approved gear, as well as to
that the total allowable catch (TAC) of
cprice-sewell on PRODPC61 with RULES
Atlantic snapper-grouper has been
issued, harvested from the South
Atlantic, i.e., state or Federal waters.
The prohibition on sale/purchase during
January through April does not apply to
such species that were harvested,
landed ashore, and sold prior to January
1 and were held in cold storage by a
dealer or processor. This prohibition
also does not apply to a dealer’s
purchase or sale of such species
harvested from an area other than the
South Atlantic, provided such fish is
accompanied by documentation of
harvest outside the South Atlantic. Such
documentation must contain:
(i) The information specified in 50
CFR part 300 subpart K for marking
containers or packages of fish or wildlife
that are imported, exported, or
transported in interstate commerce;
(ii) The official number, name, and
home port of the vessel harvesting such
fish;
(iii) The port and date of offloading
from the vessel harvesting such fish,
and;
VerDate Nov<24>2008
15:24 Jun 26, 2009
Jkt 217001
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
30973
vessels participating in the Eastern U.S./
Canada Haddock Special Access
Program, for the purpose of providing
access to the shared U.S./Canada stocks
of cod, haddock, and yellowtail
flounder, pursuant to the regulations at
§ 648.85(a)(3)(iv)(D).
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 June
26, 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 June 26, 2009. Any vessel that leaves
the Eastern U.S./Canada Area after 0001
hr June 26, 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), the Assistant Administrator finds
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. The temporary
closure of the Eastern U.S./Canada Area
to NE multispecies DAS vessels is
necessary to prevent the Eastern U.S./
Canada Area GB cod TAC cap from
being exceeded during the first quarter
of the 2009 fishing year. It is projected
that 100 percent of the GB cod TAC cap
of 5 percent will be harvested if the
Eastern U.S./Canada Area is closed
immediately. This projection was not
available until June 19, 2009.
This action is authorized by the
regulations at § 648.85(a)(3)(iv)(D) 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 first quarter Eastern
U.S./Canada Area GB cod TAC from
being exceeded prior to the end of the
first quarter, July 31, 2009. To allow
vessels to continue fishing effort on
Eastern GB cod during the period
necessary to publish and receive
comments on a proposed rule could
allow the Eastern GB cod harvest to
E:\FR\FM\29JNR1.SGM
29JNR1
30974
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations
cprice-sewell on PRODPC61 with RULES
exceed the Eastern GB cod TAC for the
first quarter of the 2009 fishing year.
Exceeding the first quarter 2009 Eastern
GB cod TAC would necessitate that any
overage of the Eastern GB cod TAC
during the first quarter by fixed gear
vessels be deducted from the Eastern GB
cod TAC for all NE multispecies DAS
vessels for the remainder of the 2009
fishing year. Reducing the 2009 TAC for
the remainder of this fishing year due to
exceeding the first quarter 2009 TAC
would create an unnecessary burden on
the fishing industry and further negative
VerDate Nov<24>2008
15:24 Jun 26, 2009
Jkt 217001
economic and social impacts that were
not previously considered.
The public is able to obtain
information on the rate of harvest of the
first quarter 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 first quarter TAC for Eastern GB cod
from being exceeded during the 2009
fishing year. Further, the potential for
this action was considered and open to
public comment during the
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
development of the 2009 Interim Rule.
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: June 24, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–15312 Filed 6–24–09; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30973-30974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15312]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 080521698-9067-02]
RIN 0648-XQ01
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Closure of the Eastern U.S./Canada Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
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 the total allowable catch (TAC) of
Georges Bank (GB) cod allocated to be harvested from the Eastern U.S./
Canada Area from May 1, 2009, through July 31, 20098, would be
harvested on or around June 24, 2009, if current catch rates continue.
This action is being taken to prevent the Eastern U.S./Canada Area TAC
specified for the first quarter of the 2009 fishing year from being
exceeded. This area will be reopened on August 1, 2009, to provide
access to the shared U.S./Canada Stocks of cod, haddock, and yellowtail
flounder.
DATES: The temporary closure of the Eastern U.S./Canada Area to all
limited access NE multispecies DAS vessels is effective 0001 hr June
26, 2009, through 2400 hr local time, July 31, 2009.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Management
Specialist, (978) 281-9122, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the U.S./Canada Management Area are found at Sec. 648.85. These
regulations authorize vessels issued a valid limited access NE
multispecies permit and fishing under a NE multispecies DAS to fish in
the Eastern U.S./Canada Area under specific conditions. The final 2009
Interim Rule published on April 13, 2009 (73 FR 17030) set the Eastern
GB cod TAC allocation for the 2009 fishing year at 527 mt. The Interim
Rule also delayed the opening of the Eastern U.S./Canada Area to trawl
vessels until August 1, 2009, and set a TAC for the first quarter of
the 2009 fishing year for fixed-gear vessels at 5 percent of the annual
TAC (26.4 mt). To prevent over-harvesting the TAC allocations for the
U.S./Canada Management Area, the regulations at Sec.
648.85(a)(3)(iv)(D) authorize the Regional Administrator to close
access to the Eastern U.S./Canada Area for all limited access NE
multispecies DAS vessels.
Based upon VMS daily catch reports and other available information,
79 percent of the first quarter 2009 Eastern GB cod TAC of 26.4 mt has
been harvested. Assuming this catch rate continues, it is estimated
that 100 percent of the 2009 Eastern GB cod TAC specified for the first
quarter will be caught on or around June 24, 2009. Therefore, based on
the available information described above, to ensure that the first
quarter TAC for Eastern GB cod will not be exceeded, the Eastern U.S./
Canada Area is temporarily closed to all limited access NE multispecies
DAS vessels, effective 0001 hr June 26, 2009, pursuant to Sec.
648.85(a)(3)(iv)(E). This area will reopen on August 1, 2009, to all NE
multispecies DAS vessels fishing with approved gear, as well as to
vessels participating in the Eastern U.S./Canada Haddock Special Access
Program, for the purpose of providing access to the shared U.S./Canada
stocks of cod, haddock, and yellowtail flounder, pursuant to the
regulations at Sec. 648.85(a)(3)(iv)(D).
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 June 26, 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 June 26, 2009. Any vessel that
leaves the Eastern U.S./Canada Area after 0001 hr June 26, 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), the Assistant
Administrator finds 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. The
temporary closure of the Eastern U.S./Canada Area to NE multispecies
DAS vessels is necessary to prevent the Eastern U.S./Canada Area GB cod
TAC cap from being exceeded during the first quarter of the 2009
fishing year. It is projected that 100 percent of the GB cod TAC cap of
5 percent will be harvested if the Eastern U.S./Canada Area is closed
immediately. This projection was not available until June 19, 2009.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D) 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
first quarter Eastern U.S./Canada Area GB cod TAC from being exceeded
prior to the end of the first quarter, July 31, 2009. To allow vessels
to continue fishing effort on Eastern GB cod during the period
necessary to publish and receive comments on a proposed rule could
allow the Eastern GB cod harvest to
[[Page 30974]]
exceed the Eastern GB cod TAC for the first quarter of the 2009 fishing
year. Exceeding the first quarter 2009 Eastern GB cod TAC would
necessitate that any overage of the Eastern GB cod TAC during the first
quarter by fixed gear vessels be deducted from the Eastern GB cod TAC
for all NE multispecies DAS vessels for the remainder of the 2009
fishing year. Reducing the 2009 TAC for the remainder of this fishing
year due to exceeding the first quarter 2009 TAC 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 first quarter 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 first quarter TAC
for Eastern GB cod from being exceeded during the 2009 fishing year.
Further, the potential for this action was considered and open to
public comment during the development of the 2009 Interim Rule.
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: June 24, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-15312 Filed 6-24-09; 4:15 pm]
BILLING CODE 3510-22-S
