[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Rules and Regulations]
[Page 74631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XM06


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2007-2009 Specifications

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

ACTION:  Temporary rule; adjustment of 2008 and 2009 Atlantic herring 
(herring) area total allowable catches (TACs).

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SUMMARY:  NMFS restores 900 mt of unallocated research set-aside (RSA) 
to the 2008 and 2009 herring Area 2 TACs and 1,800 mt of unallocated 
RSA to the 2008 and 2009 herring Area 3 TACs. The adjustments are 
intended to reallocate herring RSA quota to the herring commercial 
fishery.

DATES:  Effective December 9, 2008, through December 31, 2009.

FOR FURTHER INFORMATION CONTACT:  Carrie Nordeen, Policy Analyst, (978) 
281-9272, fax (978) 281-9135, e-mail: [email protected] .

SUPPLEMENTARY INFORMATION: The 2007-2009 herring specifications (72 FR 
17807, April 10, 2007) allocated RSA to each of the four herring 
management areas for 2008-2009 as follows: 1,350 mt to Area 1A, 300 mt 
to Area 1B, 900 mt to Area 2, and 1,800 mt to Area 3. In early 2008, 
NMFS received four research proposals in response to the 2008/2009 
Herring RSA Program request for proposals; NMFS's Northeast Fisheries 
Science Center selected one proposal to be funded through the 2008/2009 
Herring RSA Program. The project, conducted by the Gulf of Maine 
Research Institute, entitled ``The Effects of Fishing on Herring 
Aggregations,'' requested and was awarded all of the RSA for Areas 1A 
and 1B (1,350 mt and 300 mt, respectively), but did not request RSA for 
Areas 2 and 3 (900 mt and 1,800 mt, respectively).
    The regulations at Sec.  648.207 stipulate that, in the event that 
the approved research projects do not make use of any or all of the 
RSA, the unutilized portion of the RSA shall be reallocated back to its 
respective management area(s). When multi-year TACs are specified and 
there is unutilized herring RSA available, NMFS, at the request of the 
New England Fishery Management Council (Council), could publish another 
request for funding proposals (RFP) for either the second or third 
years of the 3-year specifications. The Council also may decide not to 
publish another RFP, in which case NMFS may release the unutilized 
portion of the set-aside back to its respective management area(s).
    At its October 7-9, 2008, meeting, the Council discussed the 
unallocated 2008 and 2009 herring RSA in Areas 2 and 3. Because there 
willis not be insufficient time between October and the end of the 2008 
fishing year and/or the start of the 2009 fishing year to publish 
another RFP, evaluate the proposals, and award RSA, the Council 
requested that NMFS release the unallocated RSA for Areas 2 and 3 back 
to its respective management areas, such that it would be available for 
harvest by the commercial fishery. Therefore, this action restores 900 
mt of herring to the Area 2 TAC and 1,800 mt of herring to the Area 3 
TAC for the 2008 and 2009 fishing years. The resulting 2008 and 2009 
herring TACs are 30,000 mt for Area 2, and 60,000 mt for Area 3.
    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action restores unallocated herring RSA to herring Management 
Areas 2 and 3 for the 2008 and 2009 fishing years, such that it is 
available for harvest by the commercial herring fishery. Regulations at 
Sec.  648.207 stipulate that unutilized RSA shall be reallocated back 
to its respective management area(s). In October 2008, the Council 
requested that NMFS release the unallocated RSA to the commercial 
herring fishery. 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. Regulations at Sec.  648.201(a) stipulate that 
NMFS shall prohibit vessels from possessing, catching, transferring, or 
landing herring from a management area when catch from that management 
area reaches 95 percent of its management area TAC. If implementation 
of this action is delayed to solicit public comment, the commercial 
herring fishery in Areas 2 and 3 may close prematurely in 2008, thereby 
undermining the economic objectives of the Atlantic Herring Fishery 
Management Plan. There was insufficient time to solicit prior public 
comment because of the timing of the Council's request that NMFS 
release the unallocated RSA quota to the commercial fishery. 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 reason stated above.

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

    Dated: December 2, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-29133 Filed 12-8-08; 8:45 am]
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