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
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47119 

(VMS) reports and other available 

information, the TACs for Eastern GB 

cod and GB yellowtail flounder would 

be fully harvested before the end of FY 

2009, resulting in the premature closure 

of the Eastern U.S./Canada Area and the 

potential under-harvest of the available 

TAC for Eastern GB haddock during FY 

2009. Requiring trawl vessels to use 

either a haddock separator trawl or a 

Ruhle trawl is expected to reduce the 

catch rates of both cod and yellowtail 

flounder, reduce discards, and result in 

the achievement of the TACs, without 

exceeding them. Based on this 

information, the Regional Administrator 

is prohibiting the use of flounder trawl 

nets by any limited access NE 

multispecies vessel fishing in the 

Eastern U.S./Canada Area under a NE 

multispecies DAS, to reduce catches 

and discards of Eastern GB cod and GB 

yellowtail flounder, effective September 

17, 2009, through April 30, 2010. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

notice, comment, and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. The 

regulations under § 648.85(a)(3)(iv)(D) 

grant the Regional Administrator the 

authority to modify gear requirements to 

prevent over-harvesting or 

underharvesting the TAC allocation. 

Because of the time necessary to provide 

for prior notice and opportunity for 

public comment, NMFS would be 

prevented from taking immediate action 

to slow the catch rate of GB cod in the 

Eastern U.S./Canada Area. Such a delay 

would allow the observed high catch 

rate of GB cod to continue and would 

result in excessive discards of GB cod, 

the premature closure of the Eastern 

U.S./Canada Area for the remainder of 

the fishing year, and the potential 

under-harvest of the available TAC 

specified for GB haddock. Excessive 

discards of GB cod caused by a delayed 

implementation of this action could 

potentially increase mortality on this 

overfished stock and undermine the 

conservation objectives of Amendment 

13 to the FMP, and the MagnusonStevens Act. If implementation of this 

action is delayed, the NE multispecies 

fishery could be prevented from fully 

harvesting the TAC for GB haddock 

during FY 2009. Under-harvesting this 

TAC would result in increased 

economic impacts to the industry, and 

social impacts beyond those analyzed in 

Amendment 13, as the full potential 

revenue from the available Eastern GB 

haddock would not be realized. 

The rate of harvest of the Eastern GB 

cod and GB yellowtail flounder TACs in 

the U.S./Canada Management Area are 

updated weekly on the internet at 

http://www.nero.noaa.gov. Accordingly, 

the public is able to obtain information 

that would provide at least some 

advanced notice of a potential action to 

provide additional opportunities to the 

NE multispecies industry to fully 

harvest the TAC for any species during 

FY 2009. Further, the Regional 

Administrator’s authority to modify gear 

requirements in the U.S./Canada 

Management Area to help ensure that 

the shared U.S./Canada stocks of fish 

are harvested, but not exceeded, was 

considered and open to public comment 

during the development of Amendment 

13 to the FMP and Framework 

Adjustment 42 to the FMP. Therefore, 

any negative effect the waiving of public 

comment and delayed effectiveness may 

have on the public is mitigated by these 

factors. 

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. E9–22170 Filed 9–10–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 080304370–91192–02] 

RIN 0648–AW52 

Fisheries in the Western Pacific; 

Compensation to Federal Commercial 

Bottomfish and Lobster Fishermen 

Due to Fishery Closures in the 

Papahanaumokuakea Marine National 

Monument, Northwestern Hawaiian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule describes how 

NMFS will compensate eligible and 

interested Northwestern Hawaiian 

Islands (NWHI) commercial lobster 

permit holders who were, and 

commercial bottomfish permit holders 

who will be, displaced by fishery 

closures with the establishment of the 

Papahanaumokuakea Marine National 

Monument (Monument). Congress 

mandated that the compensation be 

based on the economic values of fishing 

permits. NMFS estimated the net 

present value of permits using a proxy 

based on a multiple of annual gross 

revenues. Permit holders who 

voluntarily accept compensation must 

immediately surrender their permits 

and leave the fisheries. 

DATES: This final rule is effective 

October 15, 2009. 

ADDRESSES: Eligible participants in the 

permit compensation program may 

contact William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

FOR FURTHER INFORMATION CONTACT: 

Toby Wood, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2234. 

SUPPLEMENTARY INFORMATION: This final 

rule is also available at 

www.gpoaccess.gov/fr. 

Public Law 110–161, the Consolidated 

Appropriations Act of 2008, authorized 

the Secretary of Commerce (Secretary), 

through NMFS, to compensate 

commercial lobster permit holders who 

were, and commercial bottomfish 

permit holders who will be, impacted 

with establishment of the Monument on 

June 15, 2006 (Proclamation 8031, 71 FR 

3644, June 26, 2006, as amended by 

Proclamation 8112, 72 FR 10031, March 

6, 2007). Regulations governing the 

Monument require that any commercial 

lobster fishing permit be subject to a 

zero annual harvest limit, permanently 

closing the NWHI lobster fishery. The 

NWHI commercial bottomfish fishery is 

allowed to operate until June 15, 2011, 

when it will be closed permanently (see 

71 FR 51134, August 29, 2006, and 50 

CFR 404.10). 

Congress authorized funding for the 

compensation in the amount of 

$6,697,500, and directed the Secretary 

to initiate rulemaking for a voluntary 

capacity-reduction program. This final 

rule establishes a process to implement 

the Act. 

A future voluntary vessel and gear 

buyout may be developed once the 

permit compensation is complete, but 

only if funds authorized by the Act are 

available. NMFS would publish a 

separate proposed rule to describe and 

seek public comment on any future 

vessel and gear buyout program, as 

appropriate. 

Eligible Participants 

The Act defines ‘‘eligible 

participants’’ as individuals holding 

commercial Federal fishing permits for 


srobinson on DSKHWCL6B1PROD with RULES