[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Rules and Regulations]
[Pages 43062-43063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02]
RIN 0648-XP75


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Part-time Category

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

ACTION: Temporary rule; tilefish Part-time permit category closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the tilefish Part-time 
permit category for the 2009 fishing year has been harvested. 
Therefore, commercial vessels fishing under the Part-time tilefish 
category 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 August 21, 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

[[Page 43063]]

economic zone, and northward to the U.S.-Canada border. After 5 percent 
of the 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 Part-time 
permit category quota for the 2009 fishing year, which is equal to 19 
percent of the TAL, was specified at 360,098 lb (163,338 kg). 
Notification of the 2009 Part-time permit 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 the 2009 tilefish TAL for 
the Part-time category has been harvested. Therefore, effective August 
21, 2009, further landings of tilefish harvested from within the Golden 
Tilefish Management Unit by tilefish vessels holding Part-time 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 
August 21, 2009, they may not purchase tilefish from Part-time 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 were 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 Act to prevent overfishing and 
to rebuild this fishery as soon as possible. Overage of the Part-time 
category quota that occurs in a given fishing year is subtracted from 
the quota for this category in the following fishing year. Thus, 
allowing an overage would have a negative economic impact on owners of 
vessels permitted in the Part-time category, who did not contribute to 
the overage this year, and who would fish during the next fishing year. 
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.
    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: August 21, 2009
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-20580 Filed 8-21-09; 4:15 pm]
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