Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30973 

Atlantic snapper-grouper has been 

issued, harvested from the South 

Atlantic, i.e., state or Federal waters. 

The prohibition on sale/purchase during 

January through April does not apply to 

such species that were harvested, 

landed ashore, and sold prior to January 

1 and were held in cold storage by a 

dealer or processor. This prohibition 

also does not apply to a dealer’s 

purchase or sale of such species 

harvested from an area other than the 

South Atlantic, provided such fish is 

accompanied by documentation of 

harvest outside the South Atlantic. Such 

documentation must contain: 

(i) The information specified in 50 

CFR part 300 subpart K for marking 

containers or packages of fish or wildlife 

that are imported, exported, or 

transported in interstate commerce; 

(ii) The official number, name, and 

home port of the vessel harvesting such 

fish; 

(iii) The port and date of offloading 

from the vessel harvesting such fish, 

and; 

(iv) A statement signed by the dealer 

attesting that such fish was harvested 

from an area other than the South 

Atlantic. 

* * * * * 

[FR Doc. E9–15342 Filed 6–26–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 080521698–9067–02] 

RIN 0648–XQ01 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Closure of 

the Eastern U.S./Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces a temporary 

closure of the Eastern U.S./Canada Area 

to limited access NE multispecies daysat-sea (DAS) vessels. Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has projected 

that the total allowable catch (TAC) of 

Georges Bank (GB) cod allocated to be 

harvested from the Eastern U.S./Canada 

Area from May 1, 2009, through July 31, 

20098, would be harvested on or around 

June 24, 2009, if current catch rates 

continue. This action is being taken to 

prevent the Eastern U.S./Canada Area 

TAC specified for the first quarter of the 

2009 fishing year from being exceeded. 

This area will be reopened on August 1, 

2009, to provide access to the shared 

U.S./Canada Stocks of cod, haddock, 

and yellowtail flounder. 

DATES: The temporary closure of the 

Eastern U.S./Canada Area to all limited 

access NE multispecies DAS vessels is 

effective 0001 hr June 26, 2009, through 

2400 hr local time, July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Allison Murphy, Fishery Management 

Specialist, (978) 281–9122, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The final 

2009 Interim Rule published on April 

13, 2009 (73 FR 17030) set the Eastern 

GB cod TAC allocation for the 2009 

fishing year at 527 mt. The Interim Rule 

also delayed the opening of the Eastern 

U.S./Canada Area to trawl vessels until 

August 1, 2009, and set a TAC for the 

first quarter of the 2009 fishing year for 

fixed-gear vessels at 5 percent of the 

annual TAC (26.4 mt). To prevent overharvesting the TAC allocations for the 

U.S./Canada Management Area, the 

regulations at § 648.85(a)(3)(iv)(D) 

authorize the Regional Administrator to 

close access to the Eastern U.S./Canada 

Area for all limited access NE 

multispecies DAS vessels. 

Based upon VMS daily catch reports 

and other available information, 79 

percent of the first quarter 2009 Eastern 

GB cod TAC of 26.4 mt has been 

harvested. Assuming this catch rate 

continues, it is estimated that 100 

percent of the 2009 Eastern GB cod TAC 

specified for the first quarter will be 

caught on or around June 24, 2009. 

Therefore, based on the available 

information described above, to ensure 

that the first quarter TAC for Eastern GB 

cod will not be exceeded, the Eastern 

U.S./Canada Area is temporarily closed 

to all limited access NE multispecies 

DAS vessels, effective 0001 hr June 26, 

2009, pursuant to § 648.85(a)(3)(iv)(E). 

This area will reopen on August 1, 2009, 

to all NE multispecies DAS vessels 

fishing with approved gear, as well as to 

vessels participating in the Eastern U.S./ 

Canada Haddock Special Access 

Program, for the purpose of providing 

access to the shared U.S./Canada stocks 

of cod, haddock, and yellowtail 

flounder, pursuant to the regulations at 

§ 648.85(a)(3)(iv)(D). 

Vessel owners that have made a 

correct VMS declaration indicating their 

intention to fish in the Eastern U.S./ 

Canada Area, and crossed the 

demarcation line prior to 0001 hr June 

26, 2009 may continue to fish for the 

remainder of their trip in the Eastern 

U.S./Canada Area. Vessels that are 

currently declared into the Eastern U.S./ 

Canada Area and have already ‘‘flexed 

out’’ or ‘‘flexed west,’’ may not reenter 

the Eastern U.S./Canada Area after 0001 

hr June 26, 2009. Any vessel that leaves 

the Eastern U.S./Canada Area after 0001 

hr June 26, 2009 is prohibited from 

reentering the Eastern U.S./Canada Area 

for the remainder of the fishing year, 

unless otherwise notified. 

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)(3)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 

action, because prior notice and 

comment and a delayed effectiveness 

would be impracticable and contrary to 

the public interest. The temporary 

closure of the Eastern U.S./Canada Area 

to NE multispecies DAS vessels is 

necessary to prevent the Eastern U.S./ 

Canada Area GB cod TAC cap from 

being exceeded during the first quarter 

of the 2009 fishing year. It is projected 

that 100 percent of the GB cod TAC cap 

of 5 percent will be harvested if the 

Eastern U.S./Canada Area is closed 

immediately. This projection was not 

available until June 19, 2009. 

This action is authorized by the 

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

prevent over-harvesting the U.S./Canada 

Management Area TACs. The time 

necessary to provide for prior notice, 

opportunity for public comment, and 

delayed effectiveness for this action 

would prevent the agency from taking 

immediate action to halt the catch of GB 

cod in the Eastern U.S./Canada Area 

and prevent the first quarter Eastern 

U.S./Canada Area GB cod TAC from 

being exceeded prior to the end of the 

first quarter, July 31, 2009. To allow 

vessels to continue fishing effort on 

Eastern GB cod during the period 

necessary to publish and receive 

comments on a proposed rule could 

allow the Eastern GB cod harvest to 


cprice-sewell on PRODPC61 with RULES
30974 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

exceed the Eastern GB cod TAC for the 

first quarter of the 2009 fishing year. 

Exceeding the first quarter 2009 Eastern 

GB cod TAC would necessitate that any 

overage of the Eastern GB cod TAC 

during the first quarter by fixed gear 

vessels be deducted from the Eastern GB 

cod TAC for all NE multispecies DAS 

vessels for the remainder of the 2009 

fishing year. Reducing the 2009 TAC for 

the remainder of this fishing year due to 

exceeding the first quarter 2009 TAC 

would create an unnecessary burden on 

the fishing industry and further negative 

economic and social impacts that were 

not previously considered. 

The public is able to obtain 

information on the rate of harvest of the 

first quarter Eastern GB cod TAC via the 

NMFS Northeast Regional Office 

website (http://www.nero.noaa.gov), 

which provides at least some advanced 

notice of a potential action to prevent 

the first quarter TAC for Eastern GB cod 

from being exceeded during the 2009 

fishing year. Further, the potential for 

this action was considered and open to 

public comment during the 

development of the 2009 Interim Rule. 

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: June 24, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–15312 Filed 6–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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