Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gear Restriction for the U.S./Canada Management Area, 59917-59918 [E9-27821]
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Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
Appropriations Act, 2009 (Pub. L. 110–
329, Division E). Section 108 prohibits
the use of funds appropriated in Title I
of that Act for the procurement of steel
for any military construction project or
activity for which American steel
producers, fabricators, or manufacturers
have been denied the opportunity to
compete.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
This rule implements section 108 of
the Military Construction and Veterans
Affairs Appropriations Act, 2009. The
objective of the rule is to ensure that
American steel producers, fabricators,
and manufacturers are given the
opportunity to compete for contracts
and subcontracts for the acquisition of
steel for use in military construction
projects and activities. Existing Buy
American Act and Balance of Payments
Program requirements, implemented in
FAR Subpart 25.2 and DFARS Subpart
225.75 respectively, already provide for
DoD acquisition of domestic
construction materials, including steel.
However, this DFARS rule will prohibit
use of the exceptions to Buy American
Act/Balance of Program requirements
otherwise permitted by FAR/DFARS,
with regard to the acquisition of steel,
unless American steel producers,
fabricators, and manufacturers are first
provided the opportunity to compete.
The rule is expected to benefit
American steel producers, fabricators,
and manufacturers by ensuring they are
provided an opportunity to compete for
contracts and subcontracts for the
acquisition of steel for use in military
construction projects and activities. DoD
received no comments on the initial
regulatory flexibility analysis or on any
other aspect of the interim rule.
erowe on DSK5CLS3C1PROD with RULES
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
List of Subjects in 48 CFR Parts 225,
236, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 225, 236, and
252, which was published at 74 FR 2417
on January 15, 2009, is adopted as a
final rule without change.
■
[FR Doc. E9–27845 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 080521698–9067–02]
RIN 0648–XS87
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Gear Restriction 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.
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
Western U.S./Canada Area south of
41°40′ N. lat. from using trawl nets,
except if using a properly configured
haddock separator trawl or Ruhle trawl.
This action is authorized by the
regulations implementing Amendment
13 to the NE Multispecies Fishery
Management Plan (FMP), and is
intended to avoid exceeding the total
allowable catch (TAC) for Georges Bank
(GB) yellowtail flounder while
continuing to allow access to stocks of
Eastern GB cod and Eastern GB haddock
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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES: Effective November 20, 2009,
through April 30, 2010.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
59917
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 GB yellowtail flounder TAC for FY
2009 (May 1, 2009 - April 30, 2010) was
specified at 1,617 mt by the 2009
interim final rule. Once the available
TAC for 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 and
prohibit retention of yellowtail flounder
in the Western U.S./Canada Area 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
(VMS) reports and other available
information, the catch of GB yellowtail
flounder was at 78 percent of the FY
2009 TAC as of November 4, 2009, and
was projected to be fully harvested in
early January 2010, resulting in the
premature closure of the Eastern U.S./
Canada Area and the potential underharvest of the available TACs for Eastern
GB cod and haddock during FY 2009.
Recent at-sea observer reports indicate
that very high discard rates of GB
yellowtail flounder have occurred on
some vessels directing on other flatfish.
These reports indicate that the high
catch rates of yellowtail flounder are
being caught primarily south of 41 40′
N. lat. Requiring trawl vessels that fish
any part of a trip in the Western U.S./
Canada Area south of 41 40’ N. lat. to
use either a haddock separator trawl or
a Ruhle trawl would reduce the catch
rate of yellowtail flounder, reduce
discards, and result in the achievement
of the TAC, without exceeding it. Based
on this information, the Regional
Administrator is prohibiting the use of
trawl gear, except for the haddock
separator trawl and the Ruhle trawl, as
specified at § 648.85(a)(3)(ix) and
(b)(10)(iv)(J)(3), respectively, by any
limited access NE multispecies vessel
which harvests, possesses or lands fish
from, or deploys its net during any part
E:\FR\FM\19NOR1.SGM
19NOR1
erowe on DSK5CLS3C1PROD with RULES
59918
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
of a trip in, the Western U.S./Canada
Area south of 41° 40′ N. lat. under a NE
multispecies DAS, to reduce catches
and discards of GB yellowtail flounder,
effective November 20, 2009, through
April 30, 2010, or until modified by a
subsequent action. For any such vessels,
other gear may be on board the vessel
but must be stowed according to the
regulations at § 648.23(b) for the entire
trip. For any limited access NE
multispecies vessel possessing,
harvesting, or landing fish exclusively
from the area north of 41° 40′ N. lat., all
trawl gear, except the haddock separator
trawl or Ruhle trawl, must be stowed
while transiting the Western U.S./
Canada Area south of this line. If
sufficient GB yellowtail flounder TAC
remains available, the Regional
Administrator may lift this gear
restriction before the end of FY 2009 to
allow additional opportunity to achieve
the FY 2009 TACs for the transboundary
stocks of GB yellowtail flounder, GB
cod, and GB haddock.
A previous temporary rule published
on September 15, 2009 (74 FR 47118),
restricted the use of trawl gear in the
Eastern U.S./Canada Area to either the
haddock separator trawl or the Ruhle
trawl. Trawl vessels may continue to
fish in either the Eastern or Western
U.S./Canada Areas using either a
haddock separator trawl or a Ruhle
trawl. This action does not affect vessels
fishing in the U.S./Canada Management
Area with either hook gear or gillnet
gear, as these gears do not catch a
significant amount of yellowtail
flounder. Because observer reports
indicate that catches of yellowtail
flounder are lower north of 41° 40′ N.
lat., other trawl gear will continue to be
allowed on trips fishing in the Western
U.S./Canada Area exclusively north of
this line in order to allow vessels to
harvest other species of flatfish.
The regulations at § 648.85(a)(3)(iv)(D)
specify that, if the Regional
Administrator, under this authority,
requires use of a particular gear type in
order to reduce catches of stocks of
concern, the following gear performance
incentives will apply: Possession of
flounders (all species combined),
monkfish, and skates is limited to 500
lb (226.8 kg)(whole weight) each (i.e., no
more than 500 lb (226.8 kg) of all
flounders, no more than 500 lb (226.8
kg) of monkfish, and no more than 500
lb (226.8 kg) of skates), and possession
of lobsters is prohibited.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment, as well as the delayed
effectiveness for this action, because
notice, comment, and a delayed
effectiveness would be impracticable
and contrary to the public interest. The
regulations under § 648.85(a)(3)(iv)(D)
grant the Regional Administrator the
authority to modify gear requirements to
prevent over-harvesting or underharvesting the TAC allocation. Because
of the time necessary to provide for
prior notice and opportunity for public
comment, NMFS would be prevented
from taking immediate action to slow
the catch rate of GB yellowtail flounder
in the U.S./Canada Management Area.
Such a delay would allow the high
catch rate of GB yellowtail flounder to
continue and would result in excessive
discards of GB yellowtail flounder, the
premature closure of the Eastern U.S./
Canada Area for the remainder of the
fishing year, and the potential underharvest of the available TACs specified
for Eastern GB cod and haddock.
Excessive discards of GB yellowtail
flounder caused by a delayed
implementation of this action could
potentially increase mortality on this
overfished stock and undermine the
conservation objectives of Amendment
13 to the FMP, and the MagnusonStevens Act. If implementation of this
action is delayed, the NE multispecies
fishery could be prevented from fully
harvesting the TACs for Eastern GB cod
and haddock during FY 2009. Underharvesting these TACs would result in
increased economic impacts to the
industry, and social impacts beyond
those analyzed in Amendment 13, as the
full potential revenue from the available
Eastern GB cod and haddock would not
be realized.
The rate of harvest of the Eastern GB
cod, Eastern GB haddock, and GB
yellowtail flounder TACs in the U.S./
Canada Management Area are updated
weekly on the internet at https://
www.nero.noaa.gov. Accordingly, the
public is able to obtain information that
would provide at least some advanced
notice of a potential action to provide
additional opportunities to the NE
multispecies industry to fully harvest
the TAC for any species during FY 2009.
Further, the Regional Administrator’s
authority to modify gear requirements in
the U.S./Canada Management Area to
help ensure that the shared U.S./Canada
stocks of fish are harvested, but not
exceeded, was considered and open to
public comment during the
development of Amendment 13 to the
FMP and Framework Adjustment 42 to
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
the FMP. 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: November 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–27821 Filed 11–16–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351-9087-02]
RIN 0648-XS96
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Processors Using Hook-andLine Gear in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by catcher
processors using hook-and-line gear in
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the 2009
Pacific cod total allowable catch (TAC)
allocated to catcher processors using
hook-and-line gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), November 16, 2009,
through 2400 hrs, A.l.t., December 31,
2009.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens 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 Pacific cod TAC allocated as
a directed fishing allowance to catcher
processors using hook-and-line gear in
the BSAI is 83,575 metric tons (mt) as
E:\FR\FM\19NOR1.SGM
19NOR1
]]>Agencies
[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59917-59918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27821]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 080521698-9067-02]
RIN 0648-XS87
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Gear Restriction 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.
-----------------------------------------------------------------------
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 Western U.S./Canada Area south of 41[deg]40' N. lat.
from using trawl nets, except if using a properly configured haddock
separator trawl or Ruhle trawl. This action is authorized by the
regulations implementing Amendment 13 to the NE Multispecies Fishery
Management Plan (FMP), and is intended to avoid exceeding the total
allowable catch (TAC) for Georges Bank (GB) yellowtail flounder while
continuing to allow access to stocks of Eastern GB cod and Eastern GB
haddock 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 November 20, 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 Sec. 648.85(a)(3)(ix). The
GB yellowtail flounder TAC for FY 2009 (May 1, 2009 - April 30, 2010)
was specified at 1,617 mt by the 2009 interim final rule. Once the
available TAC for 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 and prohibit retention of yellowtail flounder in the
Western U.S./Canada Area for the remainder of the fishing year,
pursuant to Sec. 648.85(a)(3)(iv)(E).
The regulations at Sec. 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 (VMS) reports and other available information, the
catch of GB yellowtail flounder was at 78 percent of the FY 2009 TAC as
of November 4, 2009, and was projected to be fully harvested in early
January 2010, resulting in the premature closure of the Eastern U.S./
Canada Area and the potential under-harvest of the available TACs for
Eastern GB cod and haddock during FY 2009. Recent at-sea observer
reports indicate that very high discard rates of GB yellowtail flounder
have occurred on some vessels directing on other flatfish. These
reports indicate that the high catch rates of yellowtail flounder are
being caught primarily south of 41 40' N. lat. Requiring trawl vessels
that fish any part of a trip in the Western U.S./Canada Area south of
41 40' N. lat. to use either a haddock separator trawl or a Ruhle trawl
would reduce the catch rate of yellowtail flounder, reduce discards,
and result in the achievement of the TAC, without exceeding it. Based
on this information, the Regional Administrator is prohibiting the use
of trawl gear, except for the haddock separator trawl and the Ruhle
trawl, as specified at Sec. 648.85(a)(3)(ix) and (b)(10)(iv)(J)(3),
respectively, by any limited access NE multispecies vessel which
harvests, possesses or lands fish from, or deploys its net during any
part
[[Page 59918]]
of a trip in, the Western U.S./Canada Area south of 41[deg] 40' N. lat.
under a NE multispecies DAS, to reduce catches and discards of GB
yellowtail flounder, effective November 20, 2009, through April 30,
2010, or until modified by a subsequent action. For any such vessels,
other gear may be on board the vessel but must be stowed according to
the regulations at Sec. 648.23(b) for the entire trip. For any limited
access NE multispecies vessel possessing, harvesting, or landing fish
exclusively from the area north of 41[deg] 40' N. lat., all trawl gear,
except the haddock separator trawl or Ruhle trawl, must be stowed while
transiting the Western U.S./Canada Area south of this line. If
sufficient GB yellowtail flounder TAC remains available, the Regional
Administrator may lift this gear restriction before the end of FY 2009
to allow additional opportunity to achieve the FY 2009 TACs for the
transboundary stocks of GB yellowtail flounder, GB cod, and GB haddock.
A previous temporary rule published on September 15, 2009 (74 FR
47118), restricted the use of trawl gear in the Eastern U.S./Canada
Area to either the haddock separator trawl or the Ruhle trawl. Trawl
vessels may continue to fish in either the Eastern or Western U.S./
Canada Areas using either a haddock separator trawl or a Ruhle trawl.
This action does not affect vessels fishing in the U.S./Canada
Management Area with either hook gear or gillnet gear, as these gears
do not catch a significant amount of yellowtail flounder. Because
observer reports indicate that catches of yellowtail flounder are lower
north of 41[deg] 40' N. lat., other trawl gear will continue to be
allowed on trips fishing in the Western U.S./Canada Area exclusively
north of this line in order to allow vessels to harvest other species
of flatfish.
The regulations at Sec. 648.85(a)(3)(iv)(D) specify that, if the
Regional Administrator, under this authority, requires use of a
particular gear type in order to reduce catches of stocks of concern,
the following gear performance incentives will apply: Possession of
flounders (all species combined), monkfish, and skates is limited to
500 lb (226.8 kg)(whole weight) each (i.e., no more than 500 lb (226.8
kg) of all flounders, no more than 500 lb (226.8 kg) of monkfish, and
no more than 500 lb (226.8 kg) of skates), and possession of lobsters
is prohibited.
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)(B) and (d)(3), there is good cause to
waive prior notice and opportunity for public comment, as well as the
delayed effectiveness for this action, because notice, comment, and a
delayed effectiveness would be impracticable and contrary to the public
interest. The regulations under Sec. 648.85(a)(3)(iv)(D) grant the
Regional Administrator the authority to modify gear requirements to
prevent over-harvesting or under-harvesting the TAC allocation. Because
of the time necessary to provide for prior notice and opportunity for
public comment, NMFS would be prevented from taking immediate action to
slow the catch rate of GB yellowtail flounder in the U.S./Canada
Management Area. Such a delay would allow the high catch rate of GB
yellowtail flounder to continue and would result in excessive discards
of GB yellowtail flounder, the premature closure of the Eastern U.S./
Canada Area for the remainder of the fishing year, and the potential
under-harvest of the available TACs specified for Eastern GB cod and
haddock. Excessive discards of GB yellowtail flounder caused by a
delayed implementation of this action could potentially increase
mortality on this overfished stock and undermine the conservation
objectives of Amendment 13 to the FMP, and the Magnuson-Stevens Act. If
implementation of this action is delayed, the NE multispecies fishery
could be prevented from fully harvesting the TACs for Eastern GB cod
and haddock during FY 2009. Under-harvesting these TACs would result in
increased economic impacts to the industry, and social impacts beyond
those analyzed in Amendment 13, as the full potential revenue from the
available Eastern GB cod and haddock would not be realized.
The rate of harvest of the Eastern GB cod, Eastern GB haddock, and
GB yellowtail flounder TACs in the U.S./Canada Management Area are
updated weekly on the internet at https://www.nero.noaa.gov.
Accordingly, the public is able to obtain information that would
provide at least some advanced notice of a potential action to provide
additional opportunities to the NE multispecies industry to fully
harvest the TAC for any species during FY 2009. Further, the Regional
Administrator's authority to modify gear requirements in the U.S./
Canada Management Area to help ensure that the shared U.S./Canada
stocks of fish are harvested, but not exceeded, was considered and open
to public comment during the development of Amendment 13 to the FMP and
Framework Adjustment 42 to the FMP. 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: November 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-27821 Filed 11-16-09; 4:15 pm]
BILLING CODE 3510-22-S
