Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Directed Butterfish Fishery, 61283-61284 [E9-28155]
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WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Rules and Regulations
(C) All up-bound and down-bound
tows that consist of barges carrying
flammable liquid cargos (grade A
through C, flashpoint below 140 degrees
Fahrenheit, or heated to within 15
degrees Fahrenheit of flash point) must
engage the services of a bow boat at all
times until the entire tow is clear of the
safety and security zone.
(D) Vessels engaged in commercial
service, as defined in 46 U.S.C. 2101(5),
may not pass (meet or overtake) in the
safety zone and must make a SECURITE
call when approaching the safety zone
to announce intentions and work out
passing arrangements on either side.
(E) Commercial tows transiting the
safety zone must be made up with wire
rope to ensure electrical connectivity
between all segments of the tow.
(F) All vessels are prohibited from
loitering in the safety and security zone.
(G) Vessels may enter the safety and
security zone for the sole purpose of
transiting to the other side and must
maintain headway throughout the
transit. All vessels and persons are
prohibited from dredging, laying cable,
dragging, fishing, conducting salvage
operations, or any other activity, which
could disturb the bottom of the safety
and security zone.
(H) If a vessel is permitted by the
Captain of the Port Sector Lake
Michigan or her representative to transit
the safety and security zone, all
personnel should remain on open decks
inside the cabin, or as inboard as
practicable and wear a Coast Guard
approved Type I personal flotation
device. Alternatively, personnel on
recreational vessels may wear a Coast
Guard approved personal flotation
device under 33 CFR Part 175 while in
the safety zone.
(I) Vessels may not moor or lay up on
the right or left descending banks of the
safety zone.
(J) Towboats may not make or break
tows if any portion of the towboat or
tow is located in the safety zone.
(v) Starting at 8 a.m. on December 2,
2009, this safety and security zone is
closed to all vessel traffic, except as may
be permitted by the Captain of the Port
Sector Lake Michigan or her
representative. As soon as clean-up
efforts from the rotenone application are
complete, the Captain of the Port will
cause notice of the safety and security
zone being open to vessel transits, so
long as the vessels comply with
regulations described in paragraph
(b)(4)(iv) of this section, by all
appropriate means to effect the widest
publicity among the affected segments
of the public. Such means of
notification include but are not limited
VerDate Nov<24>2008
15:13 Nov 23, 2009
Jkt 220001
to, Broadcast Notice to Mariners or
Local Notice to Mariners.
(vi) Persons on board any vessel
transiting this safety and security zone
in accordance with this rule or
otherwise are advised they do so at their
own risk.
Dated: November 16, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander,
Ninth Coast Guard District, Acting.
[FR Doc. E9–28183 Filed 11–23–09; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0808041043–9036–02]
RIN 0648–XS77
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Closure of the
Directed Butterfish Fishery
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces that the
directed fishery for butterfish in the
Exclusive Economic Zone (EEZ) will be
closed effective 0001 hours, November
25, 2009. Vessels issued a Federal
permit to harvest butterfish may not
retain or land more than 600 lb (0.27–
mt) of butterfish per trip for the
remainder of the year (through
December 31, 2009). This action is
necessary to prevent the fishery from
exceeding its domestic annual harvest
(DAH) of 500 mt and to allow for
effective management of this stock.
DATES: Effective 0001 hours, November
25, 2009, through 2400 hours, December
31, 2009.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, 978–675–2179, Fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the butterfish
fishery are found at 50 CFR part 648.
The regulations require specifications
for maximum sustainable yield, initial
optimum yield, allowable biological
catch, domestic annual harvest (DAH),
domestic annual processing, joint
venture processing, and total allowable
levels of foreign fishing for the species
managed under the Atlantic Mackerel,
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Fmt 4700
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61283
Squid, and Butterfish Fishery
Management Plan (FMP). The
procedures for setting the annual initial
specifications are described in § 648.21.
The 2009 specification of DAH for
butterfish was set at 500 mt (74 FR 6244,
February 6, 2009).
Section 648.22 requires NMFS to
close the directed butterfish fishery in
the EEZ when 80 percent of the total
annual DAH has been harvested. If 80
percent of the butterfish DAH is
projected to be landed prior to October
1, a 250–lb (0.11–mt) incidental
butterfish possession limit is put in
effect for the remainder of the year, and
if 80 percent of the butterfish DAH is
projected to be landed on or after
October 1, a 600–lb (0.27–mt) incidental
butterfish possession limit is put in
effect for the remainder of the year.
NMFS is further required to notify, in
advance of the closure, the Executive
Directors of the Mid-Atlantic, New
England, and South Atlantic Fishery
Management Councils; mail notification
of the closure to all holders of butterfish
permits at least 72 hr before the effective
date of the closure; provide adequate
notice of the closure to recreational
participants in the fishery; and publish
notification of the closure in the Federal
Register.
The Administrator, Northeast Region,
NMFS, based on dealer reports and
other available information, has
determined that 80 percent of the DAH
for butterfish in 2009 fishing year will
be harvested. Therefore, effective 0001
hours, November 25, 2009, the directed
fishery for butterfish fishery is closed
and vessels issued Federal permits for
butterfish may not retain or land more
than 600 lb (0.27 mt) of butterfish
during a calendar day. The directed
fishery will reopen effective 0001 hours,
January 1, 2010, when the 2010 DAH
becomes available.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
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. This
action closes the butterfish fishery until
December 31, 2009, under current
regulations. The regulations at § 648.21
require such action to ensure that
butterfish vessels do not exceed the
2009 TAC. Data indicating the butterfish
fleet will have landed at least 80 percent
of the 2009 TAC have only recently
become available. If implementation of
this closure if delayed to solicit prior
E:\FR\FM\24NOR1.SGM
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61284
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Rules and Regulations
[Docket No. 090324366–9371–01]
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. All
comments received are a part of the
public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Peggy Busby, by phone at 206–526–
4323.
RIN 0648–XS52
SUPPLEMENTARY INFORMATION:
public comment, the quota for this year
will be exceeded, thereby undermining
the conservation objectives of the FMP.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–28155 Filed 11–19–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #8, #9,
#10, #11, and #12
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons,
gear restrictions, and landing and
possession limits; request for comments.
SUMMARY: NOAA Fisheries announces
five inseason actions in the ocean
salmon fisheries. Inseason actions #8,
#9, and #11 modified the recreational
fishery in the area from the U.S./Canada
Border to Cape Falcon, Oregon. Inseason
action #10 modified the commercial and
recreational fisheries in the area from
Cape Falcon, Oregon to the Oregon/
California Border. Inseason action #12
modified the commercial fishery in the
area from the U.S./Canada Border to
Cape Falcon, Oregon.
DATES: See SUPPLEMENTARY INFORMATION
for effective dates of inseason actions
#8, #9, #10, #11, and #12. Comments
will be accepted through December 9,
2009.
ADDRESSES: You may submit comments,
identified by 0648–XS52, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Fax: 206–526–6736, Attn: Peggy
Busby
• Mail: 7600 Sand Point Way NE,
Building 1, Seattle, WA, 98115
VerDate Nov<24>2008
15:13 Nov 23, 2009
Jkt 220001
In the
2009 annual management measures for
ocean salmon fisheries (74 FR 20610,
May 5, 2009), NMFS announced the
commercial and recreational fisheries in
the area from the U.S./Canada Border to
the U.S./Mexico Border, beginning May
1, 2009.
The Regional Administrator (RA)
consulted with representatives of the
Pacific Fishery Management Council,
Washington Department of Fish and
Wildlife and Oregon Department of Fish
and Wildlife on August 26 and
September 3, 2009. The information
considered related to catch to date and
Chinook and coho catch rates compared
to quotas and other management
measures established preseason.
Inseason action #8 modified the
recreational quota in the area from the
U.S./Canada Border to Cape Falcon,
Oregon by transferring quota among
subareas; 1,000 coho were transferred
from the quota of the Neah Bay subarea
(U.S./Canada Border to Cape Alava,
Washington) to the quota for the LaPush
subarea (Cape Alava, Washington to
Queets River, Washington). This action
was taken to distribute remaining quota
among the subareas to allow fishing to
continue in the LaPush subarea. On
August 26, the states recommended this
action and the RA concurred; inseason
action #8 took effect on August 26,
2009, and will remain in effect until it
is modified by any subsequent inseason
actions; otherwise, regulations are
consistent with 2009 annual
management measures for ocean salmon
fisheries (74 FR 20610, May 5, 2009).
Modification in quota and/or fishing
seasons is authorized by regulations at
50 CFR 660.409 (b)(1)(i).
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Fmt 4700
Sfmt 4700
Inseason action #9 closed the
recreational fishery in the Columbia
River subarea (Leadbetter Point,
Washington to Cape Falcon, Oregon).
This action was taken to prevent
exceeding the subarea coho quota. On
August 26, 2009 the states
recommended this action and the RA
concurred; inseason action #9 took
effect on August 31, 2009, and will
remain in effect until it is modified by
any subsequent inseason actions;
otherwise, regulations are consistent
with 2009 annual management
measures for ocean salmon fisheries (74
FR 20610, May 5, 2009). Modification in
quota and/or fishing seasons is
authorized by regulations at 50 CFR
660.409 (b)(1)(i).
Inseason action #10 modified the
commercial and recreational quotas in
the area from the Cape Falcon, Oregon
to the Oregon/California Border by
transferring unutilized coho salmon
quota from the June-August recreational
fishery to the September commercial
and recreational quotas; 10,240 coho
were transferred to the non-markselective commercial fishery in the area
from Cape Falcon, Oregon to Humbug
Mountain, Oregon; 2,560 coho were
transferred to the mark-selective
recreational fishery in the area from
Cape Falcon, Oregon to the Oregon/
California Border. This action was taken
to utilize available coho salmon quota
south of Cape Falcon, Oregon. On
September 3, the states recommended
this action and the RA concurred;
inseason action #10 took effect on
September 3, 2009, and will remain in
effect until it is modified by any
subsequent inseason actions; otherwise,
regulations are consistent with 2009
annual management measures for ocean
salmon fisheries (74 FR 20610, May 5,
2009). Modification in quota and/or
fishing seasons is authorized by
regulations at 50 CFR 660.409 (b)(1)(i).
Inseason action #11 reopened the
recreational fishery in the Columbia
River subarea (Leadbetter Point,
Washington to Cape Falcon, Oregon),
previously closed by inseason action #9.
This action was taken to utilize
remaining quota in the Columbia River
subarea. On September 3, 2009, the
states recommended this action and the
RA concurred; inseason action #11 took
effect on September 7, 2009, and will
remain in effect until it is modified by
any subsequent inseason actions;
otherwise, regulations are consistent
with 2009 annual management
measures for ocean salmon fisheries (74
FR 20610, May 5, 2009). Modification in
quota and/or fishing seasons is
authorized by regulations at 50 CFR
660.409 (b)(1)(i).
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Rules and Regulations]
[Pages 61283-61284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28155]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0808041043-9036-02]
RIN 0648-XS77
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Closure of the Directed Butterfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the directed fishery for butterfish in the
Exclusive Economic Zone (EEZ) will be closed effective 0001 hours,
November 25, 2009. Vessels issued a Federal permit to harvest
butterfish may not retain or land more than 600 lb (0.27-mt) of
butterfish per trip for the remainder of the year (through December 31,
2009). This action is necessary to prevent the fishery from exceeding
its domestic annual harvest (DAH) of 500 mt and to allow for effective
management of this stock.
DATES: Effective 0001 hours, November 25, 2009, through 2400 hours,
December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, Fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the butterfish fishery
are found at 50 CFR part 648. The regulations require specifications
for maximum sustainable yield, initial optimum yield, allowable
biological catch, domestic annual harvest (DAH), domestic annual
processing, joint venture processing, and total allowable levels of
foreign fishing for the species managed under the Atlantic Mackerel,
Squid, and Butterfish Fishery Management Plan (FMP). The procedures for
setting the annual initial specifications are described in Sec.
648.21.
The 2009 specification of DAH for butterfish was set at 500 mt (74
FR 6244, February 6, 2009).
Section 648.22 requires NMFS to close the directed butterfish
fishery in the EEZ when 80 percent of the total annual DAH has been
harvested. If 80 percent of the butterfish DAH is projected to be
landed prior to October 1, a 250-lb (0.11-mt) incidental butterfish
possession limit is put in effect for the remainder of the year, and if
80 percent of the butterfish DAH is projected to be landed on or after
October 1, a 600-lb (0.27-mt) incidental butterfish possession limit is
put in effect for the remainder of the year. NMFS is further required
to notify, in advance of the closure, the Executive Directors of the
Mid-Atlantic, New England, and South Atlantic Fishery Management
Councils; mail notification of the closure to all holders of butterfish
permits at least 72 hr before the effective date of the closure;
provide adequate notice of the closure to recreational participants in
the fishery; and publish notification of the closure in the Federal
Register.
The Administrator, Northeast Region, NMFS, based on dealer reports
and other available information, has determined that 80 percent of the
DAH for butterfish in 2009 fishing year will be harvested. Therefore,
effective 0001 hours, November 25, 2009, the directed fishery for
butterfish fishery is closed and vessels issued Federal permits for
butterfish may not retain or land more than 600 lb (0.27 mt) of
butterfish during a calendar day. The directed fishery will reopen
effective 0001 hours, January 1, 2010, when the 2010 DAH becomes
available.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
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. This action closes the butterfish fishery until
December 31, 2009, under current regulations. The regulations at Sec.
648.21 require such action to ensure that butterfish vessels do not
exceed the 2009 TAC. Data indicating the butterfish fleet will have
landed at least 80 percent of the 2009 TAC have only recently become
available. If implementation of this closure if delayed to solicit
prior
[[Page 61284]]
public comment, the quota for this year will be exceeded, thereby
undermining the conservation objectives of the FMP. 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-28155 Filed 11-19-09; 4:15 pm]
BILLING CODE 3510-22-S
