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]
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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.
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[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
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Minnesota.
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
