[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Rules and Regulations]
[Page 27251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13346]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XP65


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Full-time Tier 2 Category

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

ACTION: Temporary rule; tilefish Full-time Tier 2 permit category 
closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the Full-time Tier 2 permit 
category for the 2009 fishing year will be harvested prior to the end 
of the fishing year. Commercial vessels fishing under the tilefish 
Full-time Tier 2 permit may not harvest tilefish from within the Golden 
Tilefish Management Unit for the remainder of the 2009 fishing year. 
Regulations governing the tilefish fishery require publication of this 
notification to advise the public of this closure.

DATES: Effective 0001 hrs local time, June 6, 2009, through 2400 hrs 
local time, October 31, 2009.

FOR FURTHER INFORMATION CONTACT: Anna Macan, Fisheries Management 
Specialist, at (978) 281-9165.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the Golden Tilefish Management Unit. 
The Golden Tilefish Management Unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive economic zone, and northward to the U.S.-Canada border. 
After 5 percent of the overall annual tilefish TAL is deducted to 
reflect landings by vessels issued an open-access Incidental permit 
category, and after up to 3 percent of the TAL is set aside for 
research purposes, should research TAL be set aside, the remaining TAL 
is distributed among three tilefish limited access permit categories; 
Full-time Tier 1 category (66 percent), Full-time Tier 2 category (15 
percent), and the Part-time category (19 percent).
    The TAL for tilefish for the 2009 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2009 fishing year. Thus, the Full-time Tier 
2 permit quota for the 2009 fishing year, which is equal to 15 percent 
of the TAL, was specified at 284,288 lb (106,108 kg). However, due to 
an over-harvest in the 2008 fishing year, the quota for the Full-time 
permit category was adjusted downward by 7,332 lb (3,326 kg) to 276,956 
lb (125,625 kg). Notification of the 2009 Full-time Tier 2 category 
quota for the 2009 fishing year was sent in a Permit Holder Letter to 
all tilefish limited access permit holders on October 7, 2008.
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the 
tilefish TAL for the specific limited access category has been 
harvested and no commercial quota is available for harvesting tilefish 
by that category for the remainder of the fishing year, from within the 
Golden Tilefish Management Unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that there is a high likely 
hood that the 2009 tilefish TAL for the Full-time Tier 2 category has 
been harvested as of June 1, 2009. Therefore, effective 0001 hr local 
time, June 6, 2009, further landings of tilefish harvested from within 
the Golden Tilefish Management Unit by tilefish vessels holding Full-
time Tier 2 category Federal fisheries permits are prohibited through 
October 31, 2009. The 2010 fishing year for commercial tilefish harvest 
will open on November 1, 2009. Federally permitted dealers are also 
advised that, effective June 6, 2009, they may not purchase tilefish 
from Full-time Tier 2 category federally permitted tilefish vessels who 
land tilefish harvested from within the Golden Tilefish Management Unit 
for the remainder of the 2009 fishing year (through October 31, 2009).

Classification

    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 category would be 
exceeded given the rate of harvest of tilefish for vessels in this 
category. This would conflict with the agency's legal obligation under 
section 304(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act to rebuild this fishery as soon as possible. Overage of 
the Full-time Tier 2 category quota that occurs in a given fishing year 
is subtracted from the quota for this category in the following fishing 
year. This would have a negative economic impact on owners of vessels 
permitted in the Full-time Tier 2 category, who did not contribute to 
the overage this year, and fish during the next fishing year. 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: June 3, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-13346 Filed 6-3-09; 4:15 pm]
BILLING CODE 3510-22-S