Fisheries of the Northeastern United States; Atlantic Herring Fishery; Rescission of Prohibition on Atlantic Herring Fishing in Management Area 2, 65039 [E9-29334]
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Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Rules and Regulations
Classification
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 prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself has
already been subject to notice and
comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
immediately implement this action to
protect the fishery since the capacity of
the fishing fleet allows for rapid harvest
of the quota. Prior notice and
opportunity for public comment would
require time and would potentially
result in a harvest well in excess of the
established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30–day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–29442 Filed 12–7–09; 4:15 pm]
BILLING CODE S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061228342–7068–02]
RIN 0648–XT19
WReier-Aviles on DSKGBLS3C1PROD with RULES
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Rescission of Prohibition on Atlantic
Herring Fishing in Management Area 2
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; rescission of
prohibition on herring fishing.
AGENCY:
VerDate Nov<24>2008
14:53 Dec 08, 2009
Jkt 220001
SUMMARY: NMFS announces rescission
of the prohibition on fishing for,
catching, possessing, transferring, or
landing more than 2,000 lb (907.2 kg) of
Atlantic herring in or from Atlantic
herring Management Area 2 (Area 2).
The rescission of this prohibition is due
to the fact that catch data indicate that
95 percent of the total allowable catch
(TAC) threshold in Area 2 has not been
fully attained. Vessels issued a Federal
permit to harvest Atlantic herring may
resume fishing for and landing herring
in amounts greater than 2,000 lb (907.2
kg) effective 0001 hours, December 10,
2009, until it is determined that the 95–
percent quota threshold is projected to
be harvested.
DATES: Effective 0001 hours, December
10, 2009, through December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Aja
Peters-Mason, Fishery Management
Specialist, 978–281–9195.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
herring fishery are found at 50 CFR part
648. The regulations require annual
specification of optimum yield,
domestic and foreign fishing, domestic
and joint venture processing, and
management area TACs. The 2009 TAC
allocated to Area 2 (72 FR 17807, April
10, 2007) is 30,000 mt. The initial TAC
included a Research Set-aside of 900 mt,
which was restored to the fishery when
it was not allocated for research (73 FR
74631, December 9, 2008).
The regulations at § 648.201 require
the Administrator, Northeast Region,
NMFS (Regional Administrator), to
monitor the Atlantic herring fishery in
each of the four management areas
designated in the Atlantic herring
Fishery Management Plan (FMP) and,
based upon dealer reports, state data,
and other available information, to
determine when the harvest of Atlantic
herring is projected to reach 95 percent
of the TAC allocated. When such a
determination is made, NMFS is
required to prohibit vessels from fishing
for, catching, possessing, transferring, or
landing more than 2,000 lb (907.2 mt)
per trip or calendar day through a
publication in the Federal Register.
NMFS issued a notification in the
Federal Register on April 14, 2009 (74
FR 17106), projecting that the Atlantic
herring quota available in Area 2 had
been harvested, based upon information
that the area’s quota would be reached
by April 15, 2009; the prohibition was
effective through December 31, 2009.
The Regional Administrator has since
determined, based upon the latest dealer
reports and upon other available
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
65039
information, that there is approximately
1,450 mt of Atlantic herring quota still
available in Area 2. Therefore, effective
December 10, 2009, vessels issued a
Federal permit for the Atlantic herring
fishery may fish for, possess, and land
in accordance with the possession limits
defined for each permit category until it
is projected that 95 percent of the TAC
threshold has been harvested. Such
closure would be announced through
notification in the Federal Register.
Effective December 10, 2009, federally
permitted dealers are also advised that
they may purchase Atlantic herring
landed in Area 2 from federally
permitted vessels for the remainder of
the 2009 fishing year or until it is
determined that 95 percent of the
threshold quota is projected to be fully
harvested.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under E.O. 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 rescinds the prohibition on the
Atlantic herring fishery in Management
Area 2 until December 31, 2009, under
current regulations. The Atlantic herring
fishery opened for the 2009 fishing year
at 0001 hours on January 1, 2009. The
Atlantic herring fleet was prohibited
from fishing for, catching, possessing,
transferring, or landing more than 2,000
lb (907.2 mt) per trip or calendar day on
April 15, 2009 based on projections that
95 percent of the available Area 2
herring quota had been harvested. Data
indicating the Atlantic herring fleet did
not harvest the full amount of available
quota have only recently become
available. If implementation of this
rescission is delayed to solicit prior
public comment, the remaining quota
will not be available for harvest before
the end of the 2009 fishing year on
December 31. The AA finds, pursuant to
5 U.S.C. 553(d)(3), good cause to waive
the thirty (30) day delayed effectiveness
period for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–29334 Filed 12–9–09; 4:15 am]
BILLING CODE 3510–22–S
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Page 65039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29334]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061228342-7068-02]
RIN 0648-XT19
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Rescission of Prohibition on Atlantic Herring Fishing in
Management Area 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; rescission of prohibition on herring fishing.
-----------------------------------------------------------------------
SUMMARY: NMFS announces rescission of the prohibition on fishing for,
catching, possessing, transferring, or landing more than 2,000 lb
(907.2 kg) of Atlantic herring in or from Atlantic herring Management
Area 2 (Area 2). The rescission of this prohibition is due to the fact
that catch data indicate that 95 percent of the total allowable catch
(TAC) threshold in Area 2 has not been fully attained. Vessels issued a
Federal permit to harvest Atlantic herring may resume fishing for and
landing herring in amounts greater than 2,000 lb (907.2 kg) effective
0001 hours, December 10, 2009, until it is determined that the 95-
percent quota threshold is projected to be harvested.
DATES: Effective 0001 hours, December 10, 2009, through December 31,
2009.
FOR FURTHER INFORMATION CONTACT: Aja Peters-Mason, Fishery Management
Specialist, 978-281-9195.
SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring
fishery are found at 50 CFR part 648. The regulations require annual
specification of optimum yield, domestic and foreign fishing, domestic
and joint venture processing, and management area TACs. The 2009 TAC
allocated to Area 2 (72 FR 17807, April 10, 2007) is 30,000 mt. The
initial TAC included a Research Set-aside of 900 mt, which was restored
to the fishery when it was not allocated for research (73 FR 74631,
December 9, 2008).
The regulations at Sec. 648.201 require the Administrator,
Northeast Region, NMFS (Regional Administrator), to monitor the
Atlantic herring fishery in each of the four management areas
designated in the Atlantic herring Fishery Management Plan (FMP) and,
based upon dealer reports, state data, and other available information,
to determine when the harvest of Atlantic herring is projected to reach
95 percent of the TAC allocated. When such a determination is made,
NMFS is required to prohibit vessels from fishing for, catching,
possessing, transferring, or landing more than 2,000 lb (907.2 mt) per
trip or calendar day through a publication in the Federal Register.
NMFS issued a notification in the Federal Register on April 14,
2009 (74 FR 17106), projecting that the Atlantic herring quota
available in Area 2 had been harvested, based upon information that the
area's quota would be reached by April 15, 2009; the prohibition was
effective through December 31, 2009.
The Regional Administrator has since determined, based upon the
latest dealer reports and upon other available information, that there
is approximately 1,450 mt of Atlantic herring quota still available in
Area 2. Therefore, effective December 10, 2009, vessels issued a
Federal permit for the Atlantic herring fishery may fish for, possess,
and land in accordance with the possession limits defined for each
permit category until it is projected that 95 percent of the TAC
threshold has been harvested. Such closure would be announced through
notification in the Federal Register. Effective December 10, 2009,
federally permitted dealers are also advised that they may purchase
Atlantic herring landed in Area 2 from federally permitted vessels for
the remainder of the 2009 fishing year or until it is determined that
95 percent of the threshold quota is projected to be fully harvested.
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under E.O. 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 rescinds the prohibition on the Atlantic
herring fishery in Management Area 2 until December 31, 2009, under
current regulations. The Atlantic herring fishery opened for the 2009
fishing year at 0001 hours on January 1, 2009. The Atlantic herring
fleet was prohibited from fishing for, catching, possessing,
transferring, or landing more than 2,000 lb (907.2 mt) per trip or
calendar day on April 15, 2009 based on projections that 95 percent of
the available Area 2 herring quota had been harvested. Data indicating
the Atlantic herring fleet did not harvest the full amount of available
quota have only recently become available. If implementation of this
rescission is delayed to solicit prior public comment, the remaining
quota will not be available for harvest before the end of the 2009
fishing year on December 31. The AA finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the thirty (30) day delayed
effectiveness period for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-29334 Filed 12-9-09; 4:15 am]
BILLING CODE 3510-22-S
