Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39229 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0808041043–9036–02] 

RIN 0648–XQ73 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Total Allowable 

Catch (TAC) Harvested for Loligo 

Squid Trimester II 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that, 

effective 0001 hours, August 6, 2009, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,500 lb of Loligo squid per 

trip at any time, and may only land 

Loligo once on any calendar day until 

September 1, 2009, when the Trimester 

III quota becomes available. This action 

is based on the determination that 90 

percent of the Trimester II Loligo squid 

quota is projected to be harvested by 

August 6, 2009. Regulations governing 

the Loligo squid fishery require 

publication of this notification to advise 

vessel and dealer permit holders that no 

TAC is available for the directed fishery 

for Loligo squid harvested for the 

duration of Trimester II. 

DATES: Effective 0001 hrs local time, 

August 6, 2009, through August 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery 

Management Specialist, (978) 281–9182. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Loligo squid 

fishery are found at 50 CFR 648.20. The 

regulations require annual specification 

of optimum yield, allowable biological 

catch, and in-season adjustments of 

trimester quotas. The 2009 TAC 

allocated for Trimester II (74 FR 6244, 

February 6, 2009) is 3,208 mt. Trimester 

III begins on September 1, 2009, 

continues through December 31, 2009, 

and has a quota of 7,550 mt. 

The regulations at § 648.22 require the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), to monitor the 

Loligo squid fishery during each of three 

trimesters as described in the Fishery 

Management Plan (FMP) for the 

Mackerel, Squid, and Butterfish 

fisheries and, based upon dealer reports, 

state data, and other available 

information, to determine when the 

harvest of Loligo squid is projected to 

reach 90 percent of the trimester TAC. 

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 2,500 lb (1.3mt) of Loligo squid per 

trip or calendar day for the remainder of 

the closure period. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 90 

percent of the Trimester II TAC for the 

2009 fishing year is projected to be 

harvested. Therefore, effective 0001 hrs 

local time, August 6, 2009, federally 

permitted vessels may not fish for, 

catch, possess, transfer, or land more 

than 2,500 lb (1.3mt) of Loligo squid per 

trip or calendar day through August 31, 

2009. Effective August 6, 2009, federally 

permitted dealers are also advised that 

they may not purchase Loligo squid 

from federally permitted vessels that 

harvest more than 2,500 lb (1.3 mt) of 

Loligo squid from through 2400 hrs local 

time, August 31, 2009. 

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 Loligo squid fishery for 

Trimester II until September 1, 2009, 

under current regulations. The 

regulations at § 648.22 require such 

action to ensure that Loligo squid 

vessels do not exceed the 2009 TAC. 

Trimester II of the Loligo squid fishery 

opened at 0001 hours on May 1, 2009. 

Data indicating the Loligo squid fleet 

will have landed at least 90 percent of 

the 2009 Trimester II TAC have only 

recently become available. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the quota for this trimester 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 30 

day delayed effectiveness period for the 

reasons stated above. 

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

Dated: July 31, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–18838 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–22–S 


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