42606 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 

Dated: August 17, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ Accordingly, 50 CFR part 223 is 

corrected by making the following 

correcting amendment: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543. 

■ 2. In § 223.102, paragraph (c)(25) is 

added to the table to read as follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

Species1

Where Listed Citation(s) for Listing Determination(s) 

Citation(s) for Critical 

Habitat Designation(s) Common Name Scientific Name 

(c) * * * 

(25) Upper Columbia River 

steelhead Oncorhynchus 

mykiss 

U.S.A., WA, Distinct Population Segment 

including all naturally spawned anadromous 

O. mykiss (steelhead) populations below 

natural and manmade impassable barriers in 

streams in the Columbia River Basin 

upstream from the Yakima River, 

Washington, to the U.S.-Canada border, as 

well as six artificial propagation programs: 

the Wenatchee River, Wells Hatchery (in the 

Methow and Okanogan Rivers), Winthrop 

NFH, Omak Creek, and the Ringold 

steelhead hatchery programs. 

71 FR 834; January 5, 2006 70 FR 52630; 

September 2, 2005 

* * * * * * * 

1Species includes taxonomic species, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996) and 

evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

[FR Doc. E9–20315 Filed 8–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090206152–9249–01] 

RIN 0648–AX61 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fishery; Emergency Rule; Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: NMFS is continuing 

emergency measures to reduce the target 

total allowable catch (TAC) and 

associated days-at-sea (DAS) allocations 

in the Atlantic deep-sea red crab fishery, 

based on recent scientific information. 

The red crab stock was assessed by the 

Data Poor Stocks Working Group in the 

fall of 2008, and a final report published 

in January 2009 indicates that the 

current estimate of maximum 

sustainable yield (MSY) for red crab is 

no longer reliable. This action is 

necessary to comply with the objectives 

of the Deep-Sea Red Crab Fishery 

Management Plan (FMP), as well as to 

ensure compliance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). This action is intended to prevent 

unsustainable fishing of the red crab 

resource while the New England Fishery 

Management Council (Council) 

develops specifications and measures to 

address the new assessment results. 

DATES: The expiration date of the 

emergency rule published March 6, 

2009 (74 FR 9770); is extended to 

February 28, 2010, or until superseded 

by another final rule which will publish 

in the Federal Register. 

ADDRESSES: Copies of the Small Entity 

Compliance Guide, the Regulatory 

Impact Review (RIR), and the 

Environmental Assessment (EA) 

prepared for the March 6, 2009, 

emergency interim final rule are 

available from Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, 55 Great 

Republic Drive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: NMFS 

published a rule that implemented 

emergency measures to prevent 

unsustainable fishing in the Atlantic 

deep-sea red crab fishery in response to 

results from the Northeast Fisheries 

Science Center’s Data Poor Stocks 

Working Group and Review Panel. A 

temporary rule justifying emergency 

action and soliciting public comment on 

the emergency management measures 

was published on March 6, 2009 (74 FR 

9970), and NMFS accepted comments 

through April 6, 2009. The measures 

implemented by the emergency interim 

final rule include: (1) a reduction in the 

2009 target total allowable catch from 

5.928 million lb (2,689 mt) to 3.56 

million lb (1,615 mt); and (2) a 

reduction in the number of DAS 

initially allocated to each of the five 

limited access permit holders from 156 

DAS to 116 DAS. However, as has 

occurred each year since 2003, one of 

the limited access permits has been 

declared out of the fishery for the 2009 

fishing year. Therefore, the total fleetwide allocation of 582 DAS is 

reallocated, and the resulting DAS 

allocation remains 146 DAS for each of 

the active four limited access permit 

holders. These measures became 

effective on April 6, 2009, and remain 

in effect for a period of 180 calendar 

days, expiring on September 2, 2009. A 

more detailed explanation and 

background for this action was provided 

in the rule published on March 6, 2009, 

and is not repeated here. This action 

extends these regulations through the 

end of the red crab fishing year. The 

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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 42607 

Council intends to incorporate the 

results of the Data Poor Stocks 

Workshop and Review Panel into the 

development of specifications for the 

2010 fishing year and an upcoming 

amendment to the FMP. 

NMFS has determined that this action 

complies with agency guidance for 

implementation of emergency measures 

under section 305(c) of the MagnusonStevens Act (August 21, 1997, 62 FR 

44421). This rule is intended to address: 

(1) results from the recently published 

(January 20, 2009) final report of the 

Data Poor Stocks Working Group and 

Review Panel indicating that, based on 

the best available scientific information, 

the MSY for red crab is 33–40 percent 

less than previously estimated; (2) 

serious conservation and management 

problems in the fishery, which, if left 

unaddressed, would likely result in 

unsustainable fishing of the red crab 

stock; and (3) the need to immediately 

reduce the annual target TAC and DAS 

allocations for the 2009 fishing year in 

order to prevent unsustainable fishing. 

Without this action, unsustainable 

fishing is likely, which could cause 

more significant long-term impacts on 

the red crab resource and fishery than 

the short-term impacts to the fishery 

expected from this emergency action. 

The basis for taking this action is 

ecological in nature in that it is 

intended to prevent unsustainable 

fishing. 

Comments and Responses to the March 

6, 2009 Emergency Rule 

Two comments were received from 

the New England Red Crab Harvester’s 

Association, one on March 23, 2009, 

and a second on April 7, 2009. Both 

comments opposed the structure of the 

emergency rule and suggested 

alternative management measures. The 

first comment suggested eliminating 

DAS as a management measure for this 

fishery and converting the target TAC to 

a ‘‘hard’’ TAC, meaning that when the 

TAC is achieved, the fishery would be 

closed. The second comment requested 

that the DAS not be divided equally 

among the fleet, but rather used as a 

fleet-wide DAS allocation, allowing the 

New England Red Crab Harvester’s 

Association to independently decide 

how many DAS each vessel would fish. 

The emergency rule was, and is, 

intended as a temporary stop-gap 

measure, based on recently developed 

results of the Data Poor Stocks Working 

Group to prevent unsustainable fishing 

within the confines of the current FMP 

while the Council develops new or 

additional measures and specifications 

for the FMP. It would not be 

appropriate, or even possible, to 

significantly change, within the 

timeframe of this rule, the management 

scheme as suggested by the commenter 

because such changes are beyond the 

scope of this temporary stop-gap 

measure and should be done through 

the Council process, not unilaterally by 

NMFS. Moreover, the type of changes 

suggested by the commenter are 

allocative in nature and would be 

administratively difficult, if not 

impossible, to implement in the time 

period needed to address unsustainable 

fishing for this fishing year. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

under U.S.C. 553(b)(B) to waive any 

further prior notice and the opportunity 

for public comment on this action. This 

action continues emergency measures 

implemented on April 6, 2009, for up to 

186 days beyond the current expiration 

date of September 2, 2009. The 

conditions prompting the initial 

emergency action still remain. In 

addition, there was opportunity to 

comment on the emergency measures 

continued by this temporary rule. 

Therefore, the AA finds that it would be 

impracticable and contrary to the public 

interest to delay the implementation of 

these measures by providing additional 

opportunities for public comment. 

The AA also finds good cause under 

U.S.C. 553(d)(3) to waive the delayed 

effectiveness of this temporary rule. A 

30-day delayed effectiveness period 

would be impracticable and contrary to 

the public interest by causing confusion 

among the industry, as it would change 

the regulations in the middle of a 

fishing year, and potentially lead to 

vessels overfishing their allocated DAS. 

Pursuant to section 305(d) of the 

Magnuson-Stevens Act, the Assistant 

Administrator for Fisheries, NOAA, has 

determined that this rule is consistent 

with the FMPs of the NE Region, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

For the reason set forth in the 

preamble, the expiration date of the 

temporary rule (74 FR 9770) that 

published on May 6, 2009, is extended 

to February 28, 2010, or until it is 

superseded by another final rule, 

whichever comes first. 

Dated: August 19, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

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