Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47117 

Dated: August 24, 2009. 

Will Shafroth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–22125 Filed 9–14–09; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

2008–2009 Refuge-Specific Hunting 

and Sport Fishing Regulations 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, Parts 18 to 199, revised as 

of October 1, 2008, on page 347, in 

§ 32.42, following Big Stone National 

Wildlife Refuge, reinstate Big Stone 

Wetland Management District to read as 

follows: 

§ 32.42 Minnesota. 

* * * * * 

Big Stone Wetland Management District 

A. Migratory Game Bird Hunting. We allow 

hunting of migratory game birds throughout 

the district in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit the use of motorized boats. 

2. We prohibit the construction or use of 

permanent blinds, stands, or scaffolds. 

3. You must remove all personal property, 

which includes boats, decoys, and blinds 

brought onto the WPA each day (see §§ 27.93 

and 27.94 of this chapter). 

4. We allow the use of hunting dogs, 

provided the dog is under the immediate 

control of the hunter at all times during the 

State-approved hunting season (see § 26.21(b) 

of this chapter). 

5. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting throughout the district 

in accordance with State regulations subject 

to the following conditions: Conditions A4 

and A5 apply. 

C. Big Game Hunting. We allow big game 

hunting throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. Hunters may use portable stands. 

Hunters may not construct or use permanent 

blinds, permanent platforms, or permanent 

ladders. 

2. You must remove all stands and 

personal property from the WPAs each day 

(see §§ 27.93 and 27.94 of this chapter). 

3. We prohibit hunters occupying ground 

and tree stands that are illegally set up or 

constructed. 

4. Condition A5 applies. 

D. Sport Fishing. We allow fishing 

throughout the district in accordance with 

State regulations subject to the following 

conditions: 

1. We prohibit the use of motorized boats. 

2. You must remove all ice fishing shelters 

and all other personal property from the 

WPAs each day (see § 27.93 of this chapter). 

3. Condition A5 applies. 

* * * * * 

[FR Doc. E9–22260 Filed 9–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266 81485 02] 

RIN 0648–XQ56 

Fisheries of the Northeastern United 

States; Scup Fishery; Adjustment to 

the 2009 Winter II Quota 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS adjusts the 2009 

Winter II commercial scup quota. This 

action complies with Framework 

Adjustment 3 (Framework 3) to the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan, which 

established a process to allow the 

rollover of unused commercial scup 

quota from the Winter I period to the 

Winter II period. 

DATES: Effective September 15, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Bland, Fishery Management 

Specialist, (978) 281–9257. 

SUPPLEMENTARY INFORMATION: NMFS 

published a final rule in the Federal 

Register on November 3, 2003 (68 FR 

62250), implementing a process, for 

years in which the full Winter I 

commercial scup quota is not harvested, 

to allow unused quota from the Winter 

I period (January 1 through April 30) to 

be added to the quota for the Winter II 

period (November 1 through December 

31), and to allow adjustment of the 

commercial possession limits for the 

Winter II period commensurate with the 

amount of quota rolled over from the 

Winter I period. 

For 2009, the initial Winter II quota is 

1,334,791 lb (605 mt), and the best 

available landings information indicates 

that 14,960 lb (7 mt) remain of the 

Winter I quota of 3,777,443 lb (1,713 

mt). Consistent with the intent of 

Framework 3, the full amount of unused 

2009 Winter I quota is transferred to 

Winter II, resulting in a revised 2009 

Winter II quota of 1,349,751 lb (612 mt). 

Because the amount transferred is less 

than 499,999 lb (227 mt), the possession 

limit per trip will remain 2,000 lb (907 

kg) during the Winter II quota period, 

consistent with the final rule Winter I to 

Winter II possession limit increase table 

(table 4) published in the 2009 final 

scup specifications (74 FR 35, January 2, 

2009). 

Classification 

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: September 10, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–22176 Filed 9–14–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.070817467–8554–02] 

RIN 0648–XR58 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Limited Access General Category 

Scallop Fishery to Individual Fishing 

Quota Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Limited Access General Category 

(LAGC) scallop fishery will close to 

individual fishing quota (IFQ) scallop 

vessels (including vessels issued an IFQ 

letter of authorization (LOA) to fish 

under appeal), effective 0001 hours, 

September 15, 2009, until it re-opens on 

December 1, 2009, under current 

regulations. This action is based on the 

determination that the third quarter 

scallop total allowable catch (TAC) for 

LAGC IFQ scallop vessels is projected to 

be landed. This will prevent IFQ scallop 

vessels from exceeding the 2009 third 

quarter TAC, in accordance with the 

regulations implementing Amendment 

11 to the Atlantic Sea Scallop Fishery 

Management Plan (FMP), enacted by 

Framework 19 to the FMP, and the 


srobinson on DSKHWCL6B1PROD with RULES
47118 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the LAGC fishery 

to all IFQ scallop vessels is effective 

0001 hr EST, September 15, 2009, 

through November 30, 2009. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

(978) 281–9221, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the LAGC fishery are found at §§ 648.59 

and 648.60. Regulations specifically 

governing IFQ scallop vessel operations 

in the LAGC fishery are specified at 

§ 648.53(a)(8)(iii). These regulations 

authorize vessels issued a valid IFQ 

scallop permit to fish in the LAGC 

fishery under specific conditions, 

including a TAC. The TACs were 

established by the final rule that 

implemented Framework 19 to the FMP 

(73 FR 30790, May 29, 2008) and 

included a TAC of 688,504 lb (312,300 

kg) that may be landed by IFQ vessels 

during the third quarter of the 2009 

fishing year. As required by regulation, 

the third quarter LAGC TAC was 

reduced from 688,504 lb (312,300 kg) to 

309,320 lb (140,305 kg) due to an 

overage of 379,184 lb (171,995 kg) in the 

first quarter. The regulations at 

§ 648.53(a)(8)(iii) require the LAGC 

fishery to be closed to IFQ vessels once 

the NMFS Northeast Regional 

Administrator has determined that the 

TAC is projected to be landed. 

Based on the number of IFQ vessel 

trips, dealer reporting and vessel prelanding reports through Vessel 

Monitoring Systems (VMS), and other 

information, a projection concluded 

that, given current activity levels by IFQ 

scallop vessels in the area, 309,320 lb 

(140.305 kg) will have been landed on 

September 14, 2009. Therefore, effective 

0001 hours on September 15, 2009, no 

IFQ scallop vessel fishing under LAGC 

regulations may declare its intent to 

enter the fishery and may not fish for, 

possess, or retain any scallops. IFQ 

scallop vessels will not be allowed to 

fish for, possess, or retain scallops, or 

declare, or initiate, a scallop trip 

following this closure for the remainder 

of the 2009 third quarter, ending on 

November 30, 2009. Therefore, in 

accordance with the regulations at 

§ 648.53(a)(8)(iii), the LAGC scallop 

fishery is closed to all IFQ vessels as of 

0001 hr local time, September 15, 2009. 

The LAGC scallop fishery will re-open 

to IFQ scallop vessels on December 1, 

2009. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

This action closes the LAGC scallop 

fishery to all IFQ scallop vessels until 

December 1, 2009. The regulations at 

§ 648.53(a)(8)(iii) require such action to 

ensure that IFQ scallop vessels do not 

exceed the 2009 third quarter TAC. The 

LAGC scallop fishery opened for the 

third quarter of the 2009 fishing year at 

0001 hours on September 1, 2009. Data 

indicating the IFQ scallop fleet has 

landed all of the 2009 third quarter TAC 

have only recently become available. 

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 to allow 

a public comment period. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the quota for this quarter will be 

exceeded, thereby undermining the 

conservation objectives of the FMP. 

Also, if the magnitude of any overage is 

significant, it would warrant a decrease 

in the fourth quarter quota. This would 

have a negative economic impact on 

vessels that fish seasonally in that 

period. The AA further finds, pursuant 

to 5 U.S.C 553(d)(3), good cause to 

waive the 30–day delay in effectiveness 

for the reasons stated above. 

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

Dated: September 10, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–22169 Filed 9–10–09; 4:15 pm] 

BILLING CODE S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 080521698–9067–02] 

RIN 0648–XR42 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Modification of the Gear 

Requirements for the U.S./Canada 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; gear restriction. 

SUMMARY: This action modifies the gear 

requirements for the U.S./Canada 

Management Area to prohibit all limited 

access Northeast (NE) multispecies 

vessels fishing on a NE multispecies 

day-at-sea (DAS) with trawl gear in the 

Eastern U.S./Canada Area from using 

flounder trawl nets. This action is 

authorized by the regulations 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

(FMP), and is intended to decrease the 

likelihood of exceeding the total 

allowable catch (TAC) for Eastern 

Georges Bank (GB) cod and GB 

yellowtail flounder during the 2009 

fishing year (FY). This action is being 

taken to optimize the harvest of 

transboundary stocks of GB yellowtail 

flounder, haddock, and cod under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Effective September 17, 2009, 

through April 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–6341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the gear 

requirements for the U.S./Canada 

Management Area under the 2009 

interim final rule (74 FR 17030, April 

13, 2009) are found at § 648.85(a)(3)(ix). 

The regulations require that trawl 

vessels issued a valid limited access NE 

multispecies permit and fishing under a 

NE multispecies DAS in the Eastern 

U.S./Canada Area, as defined at 

§ 648.85(a)(1)(ii), fish with a Ruhle 

trawl, a haddock separator trawl, or a 

flounder trawl net. The Eastern U.S./ 

Canada Area GB cod TAC for FY 2009 

(May 1, 2009 - April 30, 2010) was 

specified at 527 mt, and the TAC for the 

entire U.S./Canada Management Area 

for GB yellowtail flounder was specified 

at 1,617 mt, by the 2009 interim final 

rule. Once the available TAC for Eastern 

GB cod, Eastern GB haddock, or GB 

yellowtail flounder is projected to be 

caught, the Administrator, Northeast 

Region, NMFS (Regional Administrator) 

is required to close the Eastern U.S./ 

Canada Area to all NE multispecies DAS 

vessels for the remainder of the fishing 

year, pursuant to § 648.85(a)(3)(iv)(E). 

The regulations at § 648.85(a)(3)(iv)(D) 

authorize the Regional Administrator to 

modify certain regulations governing the 

harvesting of fish from the U.S./Canada 

Management Area, including gear 

requirements, to prevent over-harvesting 

or under-harvesting the TAC allocations 

specified for Eastern GB cod, Eastern GB 

haddock, or GB yellowtail flounder in 

the U.S./Canada Management Area. 

Based upon Vessel Monitoring System 


srobinson on DSKHWCL6B1PROD with RULES