[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79719-79720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XM38


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 79720]]

Atmospheric Administration (NOAA), Commerce.

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

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SUMMARY: NMFS announces that, effective 0001 hours, December 24, 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 1B (Area 1B) 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 1B 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 1B.

DATES: Effective 0001 hrs local time, December 24, 2008, through 
December 31, 2008.

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 1B (72 FR 17807, April 10, 2007) is 9,700 mt.
    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 
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 
during a closure 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 1B for the 2008 fishing year is 
projected to be harvested. Therefore, effective 0001 hrs local time, 
December 24, 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 Area 1B per trip or calendar day through December 
31, 2008; except a vessel may transit Area 1B 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 1B, and provided all 
fishing gear is stowed and not available for immediate use as required 
by Sec.  648.23(b). Effective December 24, 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 1B 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 
1B 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 
percent of the 2008 TAC have only recently become available and there 
is insufficient time to plan for prior notice and comment on this 
action. The Assistant Administrator for Fisheries, NOAA (AA) therefore, 
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: December 22, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-30835 Filed 12-29-08; 4:15 pm]
BILLING CODE 3510-22-S