[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Page 65039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29334]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061228342-7068-02]
RIN 0648-XT19


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Rescission of Prohibition on Atlantic Herring Fishing in 
Management Area 2

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

ACTION:  Temporary rule; rescission of prohibition on herring fishing.

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SUMMARY:  NMFS announces rescission of the prohibition on fishing for, 
catching, possessing, transferring, or landing more than 2,000 lb 
(907.2 kg) of Atlantic herring in or from Atlantic herring Management 
Area 2 (Area 2). The rescission of this prohibition is due to the fact 
that catch data indicate that 95 percent of the total allowable catch 
(TAC) threshold in Area 2 has not been fully attained. Vessels issued a 
Federal permit to harvest Atlantic herring may resume fishing for and 
landing herring in amounts greater than 2,000 lb (907.2 kg) effective 
0001 hours, December 10, 2009, until it is determined that the 95-
percent quota threshold is projected to be harvested.

DATES:  Effective 0001 hours, December 10, 2009, through December 31, 
2009.

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, which 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 Atlantic herring Fishery Management Plan (FMP) 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 prohibit vessels from fishing for, catching, 
possessing, transferring, or landing more than 2,000 lb (907.2 mt) per 
trip or calendar day through a publication in the Federal Register.
    NMFS issued a notification in the Federal Register on April 14, 
2009 (74 FR 17106), projecting that the Atlantic herring quota 
available in Area 2 had been harvested, based upon information that the 
area's quota would be reached by April 15, 2009; the prohibition was 
effective through December 31, 2009.
    The Regional Administrator has since determined, based upon the 
latest dealer reports and upon other available information, that there 
is approximately 1,450 mt of Atlantic herring quota still available in 
Area 2. Therefore, effective December 10, 2009, vessels issued a 
Federal permit for the Atlantic herring fishery may fish for, possess, 
and land in accordance with the possession limits defined for each 
permit category until it is projected that 95 percent of the TAC 
threshold has been harvested. Such closure would be announced through 
notification in the Federal Register. Effective December 10, 2009, 
federally permitted dealers are also advised that they may purchase 
Atlantic herring landed in Area 2 from federally permitted vessels for 
the remainder of the 2009 fishing year or until it is determined that 
95 percent of the threshold quota is projected to be fully harvested.

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under E.O. 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 rescinds the prohibition on the Atlantic 
herring fishery in Management Area 2 until December 31, 2009, under 
current regulations. The Atlantic herring fishery opened for the 2009 
fishing year at 0001 hours on January 1, 2009. The Atlantic herring 
fleet was prohibited from fishing for, catching, possessing, 
transferring, or landing more than 2,000 lb (907.2 mt) per trip or 
calendar day on April 15, 2009 based on projections that 95 percent of 
the available Area 2 herring quota had been harvested. Data indicating 
the Atlantic herring fleet did not harvest the full amount of available 
quota have only recently become available. If implementation of this 
rescission is delayed to solicit prior public comment, the remaining 
quota will not be available for harvest before the end of the 2009 
fishing year on December 31. The AA 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 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-29334 Filed 12-9-09; 4:15 am]
BILLING CODE 3510-22-S