[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Rules and Regulations]
[Page 39229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18838]



[[Page 39229]]

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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.

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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 Sec.  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 Sec.  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