Atlantic Highly Migratory Species; Inseason Action to Close the Commercial Sandbar Shark Research Fishery, 51241-51242 [E9-23951]

Download as PDF CPrice-Sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 7, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to VerDate Nov<24>2008 13:16 Oct 05, 2009 Jkt 220001 enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 16, 2009. Bharat Mathur, Acting Regional Administrator, Region 5. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart P—Indiana 2. Section 52.770 is amended by adding paragraph (c)(189) to read as follows: ■ § 52.770 Identification of plan. * * * * * (c) * * * (189) On December 19, 2007, Indiana submitted modifications to its Federally Enforceable State Operating Permits rules as a revision to the state implementation plan. The revision extends the maximum permit term for renewals of Federally Enforceable State Operating Permits from five years to ten years. EPA has determined that this revision is approvable under the Clean Air Act. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326, Article 2: Permit Review Rules, sections 2–1.1–9.5, ‘‘General provisions; term of permit’’, and 2–8–4, ‘‘Permit content’’, are incorporated by reference. Filed with the Publisher of the Indiana Register on November 16, 2007, and became effective on December 16, 2007. Published in the Indiana Register on December 13, 2007 (20071212–IR– 326060487FRA). [FR Doc. E9–23938 Filed 10–5–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 51241 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648–XR10 Atlantic Highly Migratory Species; Inseason Action to Close the Commercial Sandbar Shark Research Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishery closure. SUMMARY: NMFS is closing the commercial sandbar shark research fishery. This action is necessary because NMFS estimated that landings in this fishery have exceeded 80 percent of the available quota. DATES: The commercial sandbar shark research fishery is closed effective 11:30 p.m. local time October 13, 2009, until the effective date of the final 2010 shark season specifications in which NMFS will publish a separate document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Guy DuBeck, 301–713–2347; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations found at 50 CFR part 635 and 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 to NMFS, every two weeks, on all Atlantic sharks they have received. Dealer reports for fish received between the 1st and 15th of the 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 month must be received by NMFS by the 10th of the following month. In addition, shark landings within the shark research fishery are monitored via scientific observer reports. Under 50 CFR 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 E:\FR\FM\06OCR1.SGM 06OCR1 51242 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations CPrice-Sewell on DSKGBLS3C1PROD with RULES 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, NMFS announced that the sandbar shark quota for the shark research fishery for the 2009 fishing year would be 87.5 metric tons (mt) dressed weight (dw) (193,784 lb dw). Scientific observer reports received through June 26, 2009, and dealer reports through August 26, 2009, indicate that 79.6 mt dw or 90.5 percent of the available quota for the sandbar shark research fishery has been taken. Accordingly, NMFS is closing the commercial sandbar shark research fishery as of 11:30 p.m. local time October 13, 2009. The SCS and pelagic shark fisheries will remain open. During this closure, a fishing vessel, issued an Atlantic Shark Limited Access Permit (LAP) pursuant to § 635.4, may not possess or sell a sandbar shark, except under the conditions specified in § 635.22(a) and (c) or if the vessel 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 sandbar sharks, except that a permitted shark dealer or processor may possess sandbar sharks that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage. Additionally, a shark dealer issued a Federal permit, pursuant to § 635.4 may, in accordance with state regulations, purchase or receive a sandbar shark if the shark was harvested, off-loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and had not been issued a Shark LAP, HMS Angling permit, or HMS CHB permit under § 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 fisheries are 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 VerDate Nov<24>2008 13:16 Oct 05, 2009 Jkt 220001 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 50 CFR 635.28(b)(2) and is exempt from review under Executive Order 12866. 50 CFR Part 679 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2009 TAC of pollock in Statistical Area 630 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 10,800 mt, and is setting aside the remaining 258 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. [Docket No. 09100091344–9056–02] Classification RIN 0648–XS04 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. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 630 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 30, 2009. 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 is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 29, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–23951 Filed 10–5–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 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 pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2009, through 2400 hrs, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 MagnusonStevens 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 TAC of pollock in Statistical Area 630 of the GOA is 11,058 metric tons (mt) as established by the final PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. Dated: October 1, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–24074 Filed 10–1–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Rules and Regulations]
[Pages 51241-51242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23951]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XR10


Atlantic Highly Migratory Species; Inseason Action to Close the 
Commercial Sandbar Shark Research 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 sandbar shark research 
fishery. This action is necessary because NMFS estimated that landings 
in this fishery have exceeded 80 percent of the available quota.

DATES:  The commercial sandbar shark research fishery is closed 
effective 11:30 p.m. local time October 13, 2009, until the effective 
date of the final 2010 shark season specifications in which NMFS will 
publish a separate document in the Federal Register.

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

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 and 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 to 
NMFS, every two weeks, on all Atlantic sharks they have received. 
Dealer reports for fish received between the 1st and 15th of the 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 month must be 
received by NMFS by the 10th of the following month. In addition, shark 
landings within the shark research fishery are monitored via scientific 
observer reports. Under 50 CFR 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

[[Page 51242]]

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, NMFS announced that the sandbar shark quota 
for the shark research fishery for the 2009 fishing year would be 87.5 
metric tons (mt) dressed weight (dw) (193,784 lb dw). Scientific 
observer reports received through June 26, 2009, and dealer reports 
through August 26, 2009, indicate that 79.6 mt dw or 90.5 percent of 
the available quota for the sandbar shark research fishery has been 
taken. Accordingly, NMFS is closing the commercial sandbar shark 
research fishery as of 11:30 p.m. local time October 13, 2009. The SCS 
and pelagic shark fisheries will remain open.
    During this closure, a fishing vessel, issued an Atlantic Shark 
Limited Access Permit (LAP) pursuant to Sec.  635.4, may not possess or 
sell a sandbar shark, except under the conditions specified in Sec.  
635.22(a) and (c) or if the vessel 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 sandbar sharks, except that a permitted shark dealer or 
processor may possess sandbar sharks that were harvested, off-loaded, 
and sold, traded, or bartered, prior to the effective date of the 
closure and were held in storage. Additionally, a shark dealer issued a 
Federal permit, pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a sandbar shark if the shark was 
harvested, off-loaded, and sold, traded, or bartered from a vessel that 
fishes only in state waters and had not been issued a Shark LAP, HMS 
Angling permit, or HMS CHB permit under 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 fisheries are 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 50 CFR 635.28(b)(2) and is exempt 
from review under Executive Order 12866.

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

    Dated: September 29, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-23951 Filed 10-5-09; 8:45 am]
BILLING CODE 3510-22-S

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