[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Page 37739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301206-0032-02]
RIN 0648-XW95


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Adjustment to the Loligo Trimester 2 
and 3 Quota

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2010 Fishing Year (FY) Trimester 2 and 3 
Loligo squid quotas. This action complies with the 2010 Specifications 
and Management Measures for the Atlantic Mackerel, Squid, and 
Butterfish Fisheries Management Plan, which modified accounting 
procedures for underages of Trimester 1 quota in the Loligo fishery.

DATES: Effective June 30, 2010 through December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, 978-675-2179, Fax 978-281-9135.

SUPPLEMENTARY INFORMATION: NMFS published the final rule for the 2010 
Specifications and Management Measures for the Atlantic Mackerel, 
Squid, and Butterfish Fisheries in the Federal Register on February 3, 
2010 (75 FR 5537). The final rule modified accounting procedures for 
underages of Trimester 1 quota in the Loligo fishery, so that Trimester 
1 quota underages that are greater than 25 percent of the Trimester 1 
quota are allocated equally to Trimesters 2 and 3, and underages that 
are less than 25 percent of the Trimester 1 quota are allocated to 
Trimester 3.
    For FY 2010, the initial Loligo Trimester 1 quota was 17,696,509 lb 
(8,027 mt), which is equal to 43 percent of the domestic annual harvest 
(DAH), excluding research set-aside (RSA) quota. The best available 
landings information indicates that 3,133,110 lb (1,421 mt) of Loligo 
was landed during Trimester 1, and 14,563,399 lb (6,606 mt) remain. 
Consistent with the 2010 Specifications and Management Measures, as the 
quota underages for Trimester 1 are greater than 25 percent of the 
Trimester 1 quota, the underages are divided in half, with half applied 
to Trimester 2, and the other half applied to Trimester 3. This results 
in a revised Trimester 2 quota from the initial quota of 6,995,269 lb 
(3,173 mt) to a new quota of 14,276,968 lb (6,476 mt) and a revised 
Trimester 3 quota from the initial quota of 16,461,920 lb (7,467 mt) lb 
to a new quota of 23,743,619 lb (13,770 mt).

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 modifies the Trimester 2 and 3 Loligo 
quotas for FY 2010, as specified in the FY 2010 Specification and 
Management Measures for the Atlantic Mackerel, Squid, and Butterfish 
Fisheries. The regulations at Sec.  648.22(a)(2)(i) require such action 
to ensure the quota is not under-harvested and is distributed evenly 
throughout the year. Landings information indicates that underages from 
Trimester 1 are greater than 25 percent of the Trimester 1 Loligo 
quota. Trimester 2 began on May 1, 2010, and a delay in increasing the 
quota could result in premature closure of the fishery. As such, the 
distribution of Trimester 1 underages to Trimesters 2 and 3 must occur 
without delay. 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: June 25, 2010
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-15933 Filed 6-29-10; 8:45 am]
BILLING CODE 3510-22-S