[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67811-67812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27217]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XL69


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Total Allowable Catch Harvested for Management Area 1A

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure of Atlantic herring fishery for Management Area 1A.

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SUMMARY: NMFS announces that, effective 0001 hours, November 14, 2008, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from 
Management Area 1A (Area 1A) per trip or calendar day until January 1, 
2009, when the 2009 TAC becomes available, except for transiting 
purposes as described in this notice. This action is based on the 
determination that 95 percent of the Atlantic herring total allowable 
catch (TAC) allocated to Area 1A for 2008 is projected to be harvested. 
Regulations governing the Atlantic herring fishery require publication 
of this notification to advise vessel and dealer permit holders that no 
TAC is available for the directed fishery for Atlantic herring 
harvested from Area 1A.

DATES: Effective 0001 hrs local time, November 14, 2008, for the 
remainder of the fishing year.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management 
Specialist, at (978) 281-9112.

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 2008 TAC 
allocated to Area 1A (72 FR 17807, April 10, 2007) is 45,000 mt 
(99,908,017 lb).
    The regulations at Sec.  648.202 require the Administrator, 
Northeast Region, NMFS (Regional Administrator) to monitor the Atlantic 
herring fishery in each of the four management areas designated in the 
Fishery Management Plan for the Atlantic Herring Fishery 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 publish notification in the Federal Register of this 
determination. Effective upon a specific date, NMFS must notify vessel 
and dealer permit holders that vessels are prohibited from fishing for, 
catching, possessing, transferring, or landing more than 2,000 lb 
(907.2 kg) of herring per trip or calendar day in or from the specified 
management area for the remainder of the closure period. Transiting of 
Area 1A with more than 2,000 lb of herring on board is allowed under 
the conditions specified below.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that 95 percent of the total 
Atlantic herring TAC allocated to Area 1A for the 2008 fishing year is 
projected to be harvested. Therefore, effective 0001 hrs local time, 
November 14, 2008, federally permitted

[[Page 67812]]

vessels may not fish for, catch, possess, transfer, or land more than 
2,000 lb (907.2 kg) of Atlantic herring in or from Area 1A per trip or 
calendar day through December 31, 2008; except a vessel may transit 
Area 1A with more than 2,000 lb (907.2 kg) of herring on board, or land 
more than 2,000 lb (907.2 kg) provided such herring were not caught in 
Area 1A, and provided all fishing gear is stowed and not available for 
immediate use as required by Sec.  648.23(b). Effective November 14, 
2008, federally permitted dealers are also advised that they may not 
purchase Atlantic herring from federally permitted Atlantic herring 
vessels that harvest more than 2,000 lb (907.2 kg) of Atlantic herring 
from Area 1A through 2400 hrs local time, December 31, 2008,.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the Atlantic herring fishery for Management Area 
1A until January 1, 2009, under current regulations. The regulations at 
Sec.  648.201(a) require such action to ensure that Atlantic herring 
vessels do not exceed the 2008 TAC. The Atlantic herring fishery opened 
for the 2008 fishing year at 0001 hours on January 1, 2008. Data 
indicating the Atlantic herring fleet will have landed at least 95% of 
the 2008 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. If 
implementation of this closure is delayed to solicit prior public 
comment, the quota for this fishing 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 thirty 
(30) day delayed effectiveness period for the reasons stated above.

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

    Dated: November 12, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-27217 Filed 11-12-08; 4:15 pm]
BILLING CODE 3510-22-S