[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17106-17107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8496]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XO47


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Total Allowable Catch Harvested for Management Area 2

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

ACTION: Temporary rule; Closure.

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SUMMARY: NMFS announces that, effective 0001 hours, April 15, 2009, 
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 2 (Area 2) per trip or calendar day until January 1, 
2010, when the 2010 total allowable catch (TAC) becomes

[[Page 17107]]

available, except for transiting purposes as described in this notice. 
This action is based on the determination that 95 percent of the 
Atlantic herring TAC allocated to Area 2 for 2009 is projected to be 
harvested by April 14, 2009. 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 2.

DATES: Effective 0001 hrs local time, April 15, 2009, through January 
1, 2010.

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 that 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 Fishery Management Plan (FMP) 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 2 with more than 
2,000 lb (907.2 kg) 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 2 for the 2009 fishing year is 
projected to be harvested. Therefore, effective 0001 hrs local time, 
April 15, 2009, 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 2 per trip or calendar day through January 1, 
2010. Vessels transiting Area 2 with more than 2,000 lb (907.2 kg) of 
herring on board may land this amount provided such herring was not 
caught in Area 2 and provided all fishing gear is stowed and not 
available for immediate use as required by Sec.  648.23(b). Effective 
April 15, 2009, 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 2 through 2400 hrs local time, January 1, 2010.

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 Atlantic herring fishery for 
Management Area 2 until January 1, 2010, under current regulations. The 
regulations at Sec.  648.201(a) require such action to ensure that 
Atlantic herring vessels do not exceed the 2009 TAC. The Atlantic 
herring fishery opened for the 2009 fishing year at 0001 hours on 
January 1, 2009. Data indicating the Atlantic herring fleet will have 
landed at least 95 percent of the 2009 TAC have only recently become 
available.
    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: April 8, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-8496 Filed 4-9-09; 4:15 pm]
BILLING CODE 3510-22-S