Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category, 43062-43063 [E9-20580]

Download as PDF 43062 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. mstockstill on DSKH9S0YB1PROD with RULES Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction because the rule establishes a temporary safety zone. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping VerDate Nov<24>2008 16:32 Aug 25, 2009 Jkt 217001 requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: designated representatives and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Dated: July 22, 2009. J.J. Plunkett, Captain, U.S. Coast Guard, Captain of the Port, Port Arthur. [FR Doc. E9–20512 Filed 8–25–09; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T08–0359 to read as follows: ■ § 165.T08–0359 Orange, TX. Frm 00034 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Safety Zone; Sabine River, 50 CFR Part 648 (a) Definitions. As used in this section, Participant Vessel means all vessels officially registered with event officials to race or work in the event. These vessels include race boats, rescue boats, tow boats, and picket boats associated with the race. (b) Location. The following area is a safety zone: All waters of the Sabine River, from shoreline to shoreline, adjacent to the Naval Reserve Unit and the Orange public boat ramps located in Orange, Texas. The northern boundary is from the end of Navy Pier One at 30°05′45″ N and 93°43′24″ W then easterly to the river’s eastern shore. The southern boundary is a line from shoreline to shoreline at latitude 30°05′33″ N. (c) Effective date. This rule is effective from 9 a.m. on September 19, 2009 until 6 p.m. on September 20, 2009. (d) Periods of Enforcement. This rule will be enforced from 9 a.m. until 6 p.m. on September 19, 2009, and 9 a.m. until 6 p.m. on September 20, 2009. The Captain of the Port, Port Arthur will inform the public through broadcast notice to mariners of the enforcement periods for the safety zone. (e) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited to all vessels except participant vessels and those vessels specifically authorized by the Captain of the Port, Port Arthur or a designated representative. (2) Persons or vessels requiring entry into or passage through the zone must request permission from the Captain of the Port, Port Arthur, or a designated representative. They may be contacted on VHF Channel 13 or 16, or by telephone at (409) 723–6500. (3) All persons and vessels must comply with the instructions of the Captain of the Port, Port Arthur, PO 00000 BILLING CODE 4910–15–P Fmt 4700 Sfmt 4700 [Docket No. 010319075–1217–02] RIN 0648–XP75 Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; tilefish Parttime permit category closure. SUMMARY: NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the tilefish Part-time permit category for the 2009 fishing year has been harvested. Therefore, commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2009 fishing year. Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure. DATES: Effective August 21, 2009 through 2400 hrs local time, October 31, 2009. FOR FURTHER INFORMATION CONTACT: Anna Macan, Fisheries Management Specialist, at (978) 281–9165. SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery are found at 50 CFR part 648. The regulations require annual specification of a TAL for federally permitted tilefish vessels harvesting tilefish from within the Golden Tilefish Management Unit. The Golden Tilefish Management Unit is defined as an area of the Atlantic Ocean from the latitude of the VA and NC border (36°33.36′ N. lat.), extending eastward from the shore to the outer boundary of the exclusive E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES economic zone, and northward to the U.S.-Canada border. After 5 percent of the TAL is deducted to reflect landings by vessels issued an open-access incidental permit category, and after up to 3 percent of the TAL is set aside for research purposes, should research TAL be set aside, the remaining TAL is distributed among three tilefish limited access permit categories: Full-time tier 1 category (66 percent); Full-time tier 2 category (15 percent); and the Part-time category (19 percent). The TAL for tilefish for the 2009 fishing year was set at 1.995 million lb (905,172 kg) and then adjusted downward by 5 percent to 1,895,250 lb (859,671 kg) to account for incidental catch. There was no research set-aside for the 2009 fishing year. Thus, the Parttime permit category quota for the 2009 fishing year, which is equal to 19 percent of the TAL, was specified at 360,098 lb (163,338 kg). Notification of the 2009 Part-time permit category quota for the 2009 fishing year was sent in a Permit Holder Letter to all tilefish limited access permit holders on October 7, 2008. The Administrator, Northeast Region, NMFS (Regional Administrator), monitors the commercial tilefish quota for each fishing year using dealer reports, vessel catch reports, and other available information to determine when the quota for each limited access permit category is projected to have VerDate Nov<24>2008 16:32 Aug 25, 2009 Jkt 217001 been harvested. NMFS is required to publish notification in the Federal Register notifying commercial vessels and dealer permit holders that, effective upon a specific date, the tilefish TAL for the specific limited access category has been harvested and no commercial quota is available for harvesting tilefish by that category for the remainder of the fishing year, from within the Golden Tilefish Management Unit. The Regional Administrator has determined, based upon dealer reports and other available information, that the 2009 tilefish TAL for the Part-time category has been harvested. Therefore, effective August 21, 2009, further landings of tilefish harvested from within the Golden Tilefish Management Unit by tilefish vessels holding Parttime category Federal fisheries permits are prohibited through October 31, 2009. The 2010 fishing year for commercial tilefish harvest will open on November 1, 2009. Federally permitted dealers are also advised that, effective August 21, 2009, they may not purchase tilefish from Part-time category federally permitted tilefish vessels who land tilefish harvested from within the Golden Tilefish Management Unit for the remainder of the 2009 fishing year (through October 31, 2009). Classification The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 43063 prior notice and the opportunity for public comment because it would be contrary to the public interest. If implementation of this closure were delayed to solicit prior public comment, the quota for this category would be exceeded, given the rate of harvest of tilefish for vessels in this category. This would conflict with the agency’s legal obligation under section 304(e) of the Magnuson-Stevens Act to prevent overfishing and to rebuild this fishery as soon as possible. Overage of the Parttime category quota that occurs in a given fishing year is subtracted from the quota for this category in the following fishing year. Thus, allowing an overage would have a negative economic impact on owners of vessels permitted in the Part-time category, who did not contribute to the overage this year, and who would fish during the next fishing year. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 21, 2009 William D. Chappell, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–20580 Filed 8–21–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\26AUR1.SGM 26AUR1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Rules and Regulations]
[Pages 43062-43063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XP75


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Part-time Category

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

ACTION: Temporary rule; tilefish Part-time permit category closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the tilefish Part-time 
permit category for the 2009 fishing year has been harvested. 
Therefore, commercial vessels fishing under the Part-time tilefish 
category may not harvest tilefish from within the Golden Tilefish 
Management Unit for the remainder of the 2009 fishing year. Regulations 
governing the tilefish fishery require publication of this notification 
to advise the public of this closure.

DATES: Effective August 21, 2009 through 2400 hrs local time, October 
31, 2009.

FOR FURTHER INFORMATION CONTACT: Anna Macan, Fisheries Management 
Specialist, at (978) 281-9165.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the Golden Tilefish Management Unit. 
The Golden Tilefish Management Unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive

[[Page 43063]]

economic zone, and northward to the U.S.-Canada border. After 5 percent 
of the TAL is deducted to reflect landings by vessels issued an open-
access incidental permit category, and after up to 3 percent of the TAL 
is set aside for research purposes, should research TAL be set aside, 
the remaining TAL is distributed among three tilefish limited access 
permit categories: Full-time tier 1 category (66 percent); Full-time 
tier 2 category (15 percent); and the Part-time category (19 percent).
    The TAL for tilefish for the 2009 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2009 fishing year. Thus, the Part-time 
permit category quota for the 2009 fishing year, which is equal to 19 
percent of the TAL, was specified at 360,098 lb (163,338 kg). 
Notification of the 2009 Part-time permit category quota for the 2009 
fishing year was sent in a Permit Holder Letter to all tilefish limited 
access permit holders on October 7, 2008.
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the 
tilefish TAL for the specific limited access category has been 
harvested and no commercial quota is available for harvesting tilefish 
by that category for the remainder of the fishing year, from within the 
Golden Tilefish Management Unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2009 tilefish TAL for 
the Part-time category has been harvested. Therefore, effective August 
21, 2009, further landings of tilefish harvested from within the Golden 
Tilefish Management Unit by tilefish vessels holding Part-time category 
Federal fisheries permits are prohibited through October 31, 2009. The 
2010 fishing year for commercial tilefish harvest will open on November 
1, 2009. Federally permitted dealers are also advised that, effective 
August 21, 2009, they may not purchase tilefish from Part-time category 
federally permitted tilefish vessels who land tilefish harvested from 
within the Golden Tilefish Management Unit for the remainder of the 
2009 fishing year (through October 31, 2009).

Classification

    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. If implementation of this closure were delayed to 
solicit prior public comment, the quota for this category would be 
exceeded, given the rate of harvest of tilefish for vessels in this 
category. This would conflict with the agency's legal obligation under 
section 304(e) of the Magnuson-Stevens Act to prevent overfishing and 
to rebuild this fishery as soon as possible. Overage of the Part-time 
category quota that occurs in a given fishing year is subtracted from 
the quota for this category in the following fishing year. Thus, 
allowing an overage would have a negative economic impact on owners of 
vessels permitted in the Part-time category, who did not contribute to 
the overage this year, and who would fish during the next fishing year. 
The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to 
waive the 30-day delayed effectiveness period for the reasons stated 
above.
    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: August 21, 2009
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-20580 Filed 8-21-09; 4:15 pm]
BILLING CODE 3510-22-S

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