[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Rules and Regulations]
[Page 56016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23018]



[[Page 56016]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XZ00


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Total Allowable Catch Harvested for Management Area 1B

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that, effective 0001 hours, September 14, 2010, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from 
Management Area 1B (Area 1B) per trip or calendar day until January 1, 
2011, when the 2011 total allowable catch (TAC) becomes available, 
except for transiting purposes as described in this notice. This action 
is based on the determination that 95 percent of the Atlantic herring 
TAC allocated to Area 1B for 2010 is projected to be harvested by 
September 14, 2010. Regulations governing the Atlantic herring fishery 
require publication of this notification to advise vessel permit 
holders that no TAC is available for the directed fishery for Atlantic 
herring harvested from Area 1B.

DATES: Effective 0001 hrs local time, September 14, 2010, through 
December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, (978) 675-2179.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of optimum yield, domestic and foreign fishing, domestic 
and joint venture processing, and management area TACs. The 2010 
Domestic Annual Harvest is 91,200 mt; the 2010 TAC allocated to Area 1B 
(75 FR 48874, August 12, 2010) is 4,362 mt; 0 mt of the TAC is set 
aside for research, which leaves a TAC of 86,838 mt for the commercial 
fishery.
    The regulations at Sec.  648.201 require the Administrator, 
Northeast Region, NMFS (Regional Administrator), to monitor the 
Atlantic herring fishery in each of the four management areas 
designated in the Fishery Management Plan (FMP) for the Atlantic 
herring fishery and, based upon dealer reports, state data, and other 
available information, to determine when the harvest of Atlantic 
herring is projected to reach 95 percent of the TAC allocated. When 
such a determination is made, NMFS is required to publish notification 
in the Federal Register of this determination and prohibit Atlantic 
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. Transiting of Area 1B with more than 
2,000 lb (907.2 kg) of herring on board is allowed under the conditions 
specified below.
    The Regional Administrator has determined, based upon dealer 
reports and other available information that 95 percent of the total 
Atlantic herring TAC allocated to Area 1B for the 2010 fishing year is 
projected to be harvested. Therefore, effective 0001 hrs local time, 
September 14, 2010, federally permitted vessels may not fish for, 
catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of 
Atlantic herring in or from Area 1B per trip or calendar day through 
December 31, 2010. Vessels transiting Area 1B with more than 2,000 lb 
(907.2 kg) of herring on board may land this amount provided such 
herring was not caught in Area 1B and provided all fishing gear is 
stowed and not available for immediate use as required by Sec.  
648.23(b). Effective September 14, 2010, federally permitted dealers 
are also advised that they may not purchase Atlantic herring from 
federally permitted Atlantic herring vessels that harvest more than 
2,000 lb (907.2 kg) of Atlantic herring from Area 1B through 2400 hrs 
local time, December 31, 2010.

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 closes the Atlantic herring fishery for 
Management Area 1B until January 1, 2011, under current regulations. 
The regulations at Sec.  648.201(a) require such action to ensure that 
Atlantic herring vessels do not exceed the 2010 TAC. The Atlantic 
herring fishery opened for the 2010 fishing year at 0001 hours on 
January 1, 2010. Data indicating the Atlantic herring fleet will have 
landed at least 95 percent of the 2010 TAC have only recently become 
available. If implementation of this closure is delayed to solicit 
prior public comment, the quota for this fishing year will be exceeded, 
thereby undermining the conservation objectives of the FMP. 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: September 10, 2010
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-23018 Filed 9-10-10; 4:15 pm]
BILLING CODE 3510-22-S