[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69014-69015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28321]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301205-0289-02]
RIN 0648-XZ70
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Total Allowable Catch Harvested for Management Area 1A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; notification of trip limit reduction in Area 1A
of the Atlantic Herring Fishery.
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SUMMARY: NMFS announces that, effective 1200 hours, November 8, 2010,
federally permitted vessels may not fish for, catch, possess, transfer,
or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring),
per trip or calendar day, in or from Management Area 1A (Area 1A) until
January 1, 2011, except for transiting purposes described in this
document.
DATES: Effective 1200 hours, November 8, 2010, through December 31,
2010.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, (978) 675-2179.
SUPPLEMENTARY INFORMATION: Regulations governing the herring fishery
are found at 50 CFR part 648 and require annual specification of
optimum yield, domestic and foreign fishing, domestic and joint venture
processing, and management area TACs. Herring specifications for 2010-
2012 published on August 12, 2010 (75 FR 48874). The 2010 total TAC is
91,200 mt, allocated to the herring management areas as follows: 26,546
mt to Area 1A, 4,362 mt to Area 1B; 22,146 mt to Area 2; and 38,146 mt
to Area 3.
Regulations at Sec. 648.201(a) require NMFS to monitor catch from
the herring fishery in each of the herring management areas, using
dealer reports, state data, and other available information, to
determine when the catch of herring is projected to reach 95 percent of
the TAC allocated. When such a determination is made, NMFS is required
to prohibit, through publication in the Federal Register, herring
vessel permit holders from fishing for, catching, possessing,
transferring, or landing more than 2,000 lb (907.2 kg) of herring, per
trip or calendar day, in or from the specified management area for the
remainder of the closure period, with the exception of transiting as
described below.
This action announces that NMFS has determined, based upon dealer
reports and other available information, that 95 percent of the herring
TAC allocated to Area 1A (25,219 mt) for the 2010 fishing year is
projected to be harvested on November 8, 2010. Therefore, effective
1200 hrs local time, November 8, 2010, federally permitted vessels may
not fish for, catch, possess, transfer, or land more than 2,000 lb
(907.2 kg) of herring, per trip or calendar day, in or from Area 1A
through December 31, 2010. Vessels transiting Area 1A with more than
2,000 lb (907.2 kg) of herring on board may do so, provided such
herring was not caught in Area 1A and that all fishing gear is stowed
and not available for immediate use, as required by Sec. 648.23(b).
Federally permitted dealers are also advised, effective November 8,
2010, that they may not purchase herring from federally permitted
herring vessels that harvest more than 2,000 lb (907.2 kg) of herring
from Area 1A through 2400 hrs local time, December 31, 2010.
Beginning on January 1, 2011, a new TAC in Area 1A will become
effective.
[[Page 69015]]
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
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. This action reduces the trip limit for herring in Area
1A to 2,000 lb (907.2 kg) until January 1, 2011, under current
regulations. Regulations at Sec. 648.201(a) require such an action to
ensure that herring catch does not exceed the 2010 Area 1A TAC. The
herring fishery opened for the 2010 fishing year at 0001 hours on
January 1, 2010. Data indicating the herring fleet will have harvested
at least 95 percent of the 2010 Management Area 1A TAC have only
recently become available. If implementation of this trip limit
reduction is delayed to solicit prior public comment, the 2010 TAC for
the management area will be exceeded, thereby undermining the
conservation objectives of the herring fishery management plan. 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 4, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-28321 Filed 11-5-10; 8:45 am]
BILLING CODE 3510-22-P