Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Rules and Regulations 27251 

advance notice is given to the draw 

tender at the Chapel Street Bridge by 

calling (203) 946–7618. 

The Chapel Street Bridge across the 

Mill River at mile 0.4, shall open on 

signal for all marine traffic; except that, 

from 7:30 a.m. to 8:30 a.m. and 4:45 

p.m. to 5:45 p.m., weekdays except 

Federal holidays, the draw need not be 

opened for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw shall 

open on signal if at least a one hour 

advance notice is given to the draw 

tender by calling (203) 946–7618. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 27, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–13369 Filed 6–8–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02] 

RIN 0648–XP65 

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Full-time Tier 2 Category 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; tilefish Fulltime Tier 2 permit category closure. 

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landings (TAL) available to 

the Full-time Tier 2 permit category for 

the 2009 fishing year will be harvested 

prior to the end of the fishing year. 

Commercial vessels fishing under the 

tilefish Full-time Tier 2 permit 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 0001 hrs local time, 

June 6, 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°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the overall annual tilefish 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 Fulltime Tier 2 permit quota for the 2009 

fishing year, which is equal to 15 

percent of the TAL, was specified at 

284,288 lb (106,108 kg). However, due 

to an over-harvest in the 2008 fishing 

year, the quota for the Full-time permit 

category was adjusted downward by 

7,332 lb (3,326 kg) to 276,956 lb 

(125,625 kg). Notification of the 2009 

Full-time Tier 2 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 

there is a high likely hood that the 2009 

tilefish TAL for the Full-time Tier 2 

category has been harvested as of June 

1, 2009. Therefore, effective 0001 hr 

local time, June 6, 2009, further 

landings of tilefish harvested from 

within the Golden Tilefish Management 

Unit by tilefish vessels holding Fulltime Tier 2 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 

June 6, 2009, they may not purchase 

tilefish from Full-time Tier 2 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 is 

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 Fishery 

Conservation and Management Act to 

rebuild this fishery as soon as possible. 

Overage of the Full-time Tier 2 category 

quota that occurs in a given fishing year 

is subtracted from the quota for this 

category in the following fishing year. 

This would have a negative economic 

impact on owners of vessels permitted 

in the Full-time Tier 2 category, who 

did not contribute to the overage this 

year, and fish during the next fishing 

year. The AA further finds pursuant to 

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

the thirty 30-day delayed effectiveness 

period for the reasons stated above. 

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

Dated: June 3, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13346 Filed 6–3–09; 4:15 pm] 

BILLING CODE 3510–22–S