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, 47117-47118 [E9-22169]

Download as PDF Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations Dated: August 24, 2009. Will Shafroth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. E9–22125 Filed 9–14–09; 8:45 am] BILLING CODE 4310–55–S 2. You must remove all ice fishing shelters and all other personal property from the WPAs each day (see § 27.93 of this chapter). 3. Condition A5 applies. * * * * * [FR Doc. E9–22260 Filed 9–14–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF THE INTERIOR DEPARTMENT OF COMMERCE Fish and Wildlife Service 50 CFR Part 32 National Oceanic and Atmospheric Administration 2008–2009 Refuge-Specific Hunting and Sport Fishing Regulations 50 CFR Part 648 [Docket No. 0809251266 81485 02] CFR Correction RIN 0648–XQ56 In Title 50 of the Code of Federal Regulations, Parts 18 to 199, revised as of October 1, 2008, on page 347, in § 32.42, following Big Stone National Wildlife Refuge, reinstate Big Stone Wetland Management District to read as follows: § 32.42 srobinson on DSKHWCL6B1PROD with RULES * * Minnesota. * * * Big Stone Wetland Management District A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. 2. We prohibit the construction or use of permanent blinds, stands, or scaffolds. 3. You must remove all personal property, which includes boats, decoys, and blinds brought onto the WPA each day (see §§ 27.93 and 27.94 of this chapter). 4. We allow the use of hunting dogs, provided the dog is under the immediate control of the hunter at all times during the State-approved hunting season (see § 26.21(b) of this chapter). 5. We prohibit camping. B. Upland Game Hunting. We allow upland game hunting throughout the district in accordance with State regulations subject to the following conditions: Conditions A4 and A5 apply. C. Big Game Hunting. We allow big game hunting throughout the district in accordance with State regulations subject to the following conditions: 1. Hunters may use portable stands. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. 2. You must remove all stands and personal property from the WPAs each day (see §§ 27.93 and 27.94 of this chapter). 3. We prohibit hunters occupying ground and tree stands that are illegally set up or constructed. 4. Condition A5 applies. D. Sport Fishing. We allow fishing throughout the district in accordance with State regulations subject to the following conditions: 1. We prohibit the use of motorized boats. VerDate Nov<24>2008 19:36 Sep 14, 2009 Jkt 217001 Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2009 Winter II Quota 47117 Winter II quota of 1,349,751 lb (612 mt). Because the amount transferred is less than 499,999 lb (227 mt), the possession limit per trip will remain 2,000 lb (907 kg) during the Winter II quota period, consistent with the final rule Winter I to Winter II possession limit increase table (table 4) published in the 2009 final scup specifications (74 FR 35, January 2, 2009). Classification 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: September 10, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–22176 Filed 9–14–09; 8:45 am] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. BILLING CODE 3510–22–S SUMMARY: NMFS adjusts the 2009 Winter II commercial scup quota. This action complies with Framework Adjustment 3 (Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period. DATES: Effective September 15, 2009, through December 31, 2009. FOR FURTHER INFORMATION CONTACT: Sarah Bland, Fishery Management Specialist, (978) 281–9257. SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal Register on November 3, 2003 (68 FR 62250), implementing a process, for years in which the full Winter I commercial scup quota is not harvested, to allow unused quota from the Winter I period (January 1 through April 30) to be added to the quota for the Winter II period (November 1 through December 31), and to allow adjustment of the commercial possession limits for the Winter II period commensurate with the amount of quota rolled over from the Winter I period. For 2009, the initial Winter II quota is 1,334,791 lb (605 mt), and the best available landings information indicates that 14,960 lb (7 mt) remain of the Winter I quota of 3,777,443 lb (1,713 mt). Consistent with the intent of Framework 3, the full amount of unused 2009 Winter I quota is transferred to Winter II, resulting in a revised 2009 50 CFR Part 648 AGENCY: PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No.070817467–8554–02] RIN 0648–XR58 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 (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), effective 0001 hours, September 15, 2009, until it re-opens on December 1, 2009, under current regulations. This action is based on the determination that the third quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels is projected to be landed. This will prevent IFQ scallop vessels from exceeding the 2009 third 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 E:\FR\FM\15SER1.SGM 15SER1 47118 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations Magnuson-Stevens Fishery Conservation and Management Act. Classification The closure of the LAGC fishery to all IFQ scallop vessels is effective 0001 hr EST, September 15, 2009, through November 30, 2009. DATES: FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, (978) 281–9221, fax (978) 281–9135. srobinson on DSKHWCL6B1PROD with RULES 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 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 688,504 lb (312,300 kg) that may be landed by IFQ vessels during the third quarter of the 2009 fishing year. As required by regulation, the third quarter LAGC TAC was reduced from 688,504 lb (312,300 kg) to 309,320 lb (140,305 kg) due to an overage of 379,184 lb (171,995 kg) in the first quarter. 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 the number of IFQ vessel trips, dealer reporting and vessel prelanding reports through Vessel Monitoring Systems (VMS), and other information, a projection concluded that, given current activity levels by IFQ scallop vessels in the area, 309,320 lb (140.305 kg) will have been landed on September 14, 2009. Therefore, effective 0001 hours on September 15, 2009, no IFQ scallop vessel fishing under LAGC regulations may declare its intent to enter the fishery and may not fish for, possess, or retain any scallops. IFQ scallop vessels will not be allowed to fish for, possess, or retain scallops, or declare, or initiate, a scallop trip following this closure for the remainder of the 2009 third quarter, ending on November 30, 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 0001 hr local time, September 15, 2009. The LAGC scallop fishery will re-open to IFQ scallop vessels on December 1, 2009. VerDate Nov<24>2008 16:49 Sep 14, 2009 Jkt 217001 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 December 1, 2009. The regulations at § 648.53(a)(8)(iii) require such action to ensure that IFQ scallop vessels do not exceed the 2009 third quarter TAC. The LAGC scallop fishery opened for the third quarter of the 2009 fishing year at 0001 hours on September 1, 2009. Data indicating the IFQ scallop fleet has landed all of the 2009 third 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 public comment period. 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 fourth 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: September 10, 2009. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–22169 Filed 9–10–09; 4:15 pm] BILLING CODE S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 080521698–9067–02] RIN 0648–XR42 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Gear Requirements for the U.S./Canada Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; gear restriction. PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 SUMMARY: This action modifies the gear requirements for the U.S./Canada Management Area to prohibit all limited access Northeast (NE) multispecies vessels fishing on a NE multispecies day-at-sea (DAS) with trawl gear in the Eastern U.S./Canada Area from using flounder trawl nets. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP), and is intended to decrease the likelihood of exceeding the total allowable catch (TAC) for Eastern Georges Bank (GB) cod and GB yellowtail flounder during the 2009 fishing year (FY). This action is being taken to optimize the harvest of transboundary stocks of GB yellowtail flounder, haddock, and cod under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective September 17, 2009, through April 30, 2010. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, (978) 281–6341, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing the gear requirements for the U.S./Canada Management Area under the 2009 interim final rule (74 FR 17030, April 13, 2009) are found at § 648.85(a)(3)(ix). The regulations require that trawl vessels issued a valid limited access NE multispecies permit and fishing under a NE multispecies DAS in the Eastern U.S./Canada Area, as defined at § 648.85(a)(1)(ii), fish with a Ruhle trawl, a haddock separator trawl, or a flounder trawl net. The Eastern U.S./ Canada Area GB cod TAC for FY 2009 (May 1, 2009 - April 30, 2010) was specified at 527 mt, and the TAC for the entire U.S./Canada Management Area for GB yellowtail flounder was specified at 1,617 mt, by the 2009 interim final rule. Once the available TAC for Eastern GB cod, Eastern GB haddock, or GB yellowtail flounder is projected to be caught, the Administrator, Northeast Region, NMFS (Regional Administrator) is required to close the Eastern U.S./ Canada Area to all NE multispecies DAS vessels for the remainder of the fishing year, pursuant to § 648.85(a)(3)(iv)(E). The regulations at § 648.85(a)(3)(iv)(D) authorize the Regional Administrator to modify certain regulations governing the harvesting of fish from the U.S./Canada Management Area, including gear requirements, to prevent over-harvesting or under-harvesting the TAC allocations specified for Eastern GB cod, Eastern GB haddock, or GB yellowtail flounder in the U.S./Canada Management Area. Based upon Vessel Monitoring System E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47117-47118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22169]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XR58


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.

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SUMMARY:  NMFS announces that the Limited Access General Category 
(LAGC) scallop fishery will close to individual fishing quota (IFQ) 
scallop vessels (including vessels issued an IFQ letter of 
authorization (LOA) to fish under appeal), effective 0001 hours, 
September 15, 2009, until it re-opens on December 1, 2009, under 
current regulations. This action is based on the determination that the 
third quarter scallop total allowable catch (TAC) for LAGC IFQ scallop 
vessels is projected to be landed. This will prevent IFQ scallop 
vessels from exceeding the 2009 third 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

[[Page 47118]]

Magnuson-Stevens Fishery Conservation and Management Act.

DATES:  The closure of the LAGC fishery to all IFQ scallop vessels is 
effective 0001 hr EST, September 15, 2009, through November 30, 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 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 688,504 lb (312,300 
kg) that may be landed by IFQ vessels during the third quarter of the 
2009 fishing year. As required by regulation, the third quarter LAGC 
TAC was reduced from 688,504 lb (312,300 kg) to 309,320 lb (140,305 kg) 
due to an overage of 379,184 lb (171,995 kg) in the first quarter. 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 the number of IFQ vessel trips, dealer reporting and 
vessel pre-landing reports through Vessel Monitoring Systems (VMS), and 
other information, a projection concluded that, given current activity 
levels by IFQ scallop vessels in the area, 309,320 lb (140.305 kg) will 
have been landed on September 14, 2009. Therefore, effective 0001 hours 
on September 15, 2009, no IFQ scallop vessel fishing under LAGC 
regulations may declare its intent to enter the fishery and may not 
fish for, possess, or retain any scallops. IFQ scallop vessels will not 
be allowed to fish for, possess, or retain scallops, or declare, or 
initiate, a scallop trip following this closure for the remainder of 
the 2009 third quarter, ending on November 30, 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, 
September 15, 2009. The LAGC scallop fishery will re-open to IFQ 
scallop vessels on December 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 December 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 third quarter TAC. The LAGC scallop 
fishery opened for the third quarter of the 2009 fishing year at 0001 
hours on September 1, 2009. Data indicating the IFQ scallop fleet has 
landed all of the 2009 third 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 public comment period. 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 fourth 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: September 10, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-22169 Filed 9-10-09; 4:15 pm]
BILLING CODE S