[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69903-69904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28845]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA039


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Temporary Removal of 2,000-lb (907.2 kg) Herring Trip Limit in 
Atlantic Herring Management Area 1A

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

ACTION: Temporary rule.

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SUMMARY: NMFS announces a temporary removal of the 2,000-lb (907.2 kg) 
trip limit for the Atlantic herring fishery in Management Area 1A (Area 
1A). The trip limit removal is because catch data indicate that 95 
percent of the total allowable catch (TAC) threshold in Area 1A has not 
been fully attained. Vessels issued a Federal permit to harvest 
Atlantic herring may resume fishing for and landing herring, in amounts 
greater than 2,000 lb (907.2 kg), consistent with their respective 
Atlantic herring permit categories, effective 0001 hrs, November 15, 
2010, through 0001 hrs, November 17, 2010. At 0001 hrs, November 17, 
2010, vessels will again be prohibited from fishing for, catching, 
possessing, transferring, or landing more than 2,000 lb (907.2 kg) of 
Atlantic herring per trip or calendar day.

DATES: Effective 0001 hours, November 15, 2010, through 0001 hours, 
November 17, 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. Final 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.
    NMFS filed a temporary rule, effective November 8, 2010, in the 
Federal Register, projecting that 95 percent of the Area 1A TAC had 
been harvested. Based upon information indicating that 95 percent of 
the TAC would be reached by November 8, 2010, the temporary rule 
reduced the herring trip limit for all federally permitted herring 
vessels to 2,000 lb (907.2 kg) per trip in Area 1A; the trip limit 
reduction was effective through December 31, 2010.
    The NMFS Northeast Regional Administrator has since determined, 
based upon the latest dealer reports and other available information, 
that the herring fleet has not yet taken 95 percent of the TAC as of 
November 8, 2010, and that there is approximately 5,000 mt of Atlantic 
herring quota still available in Area 1A. Therefore, to ensure that the 
herring fleet is able to take up to 95 percent of the TAC, consistent 
with applicable regulations and trip limits, this action temporarily 
removes the 2,000-lb (907.2 kg) trip limit implemented on November 8, 
2010, and restores the trip limits, if any, in effect before November 
8, 2010, until 0001 hrs November 17, 2010. This means that effective 
0001 hrs, November 15, 2010, through 0001 hrs, November 17, 2010, 
vessels issued an All Areas Limited Access Herring Permit are 
authorized to fish for, possess, or land Atlantic herring with no 
possession restrictions; vessels issued an Areas 2 and 3 Limited Access 
Herring Permit are authorized to fish for, possess, or land Atlantic 
herring only if issued an open access herring permit or a Limited 
Access Incidental Catch Permit; vessels issued a Limited Access 
Incidental Catch Herring Permit are authorized to fish for, possess, or 
land up to 55,000 lb (25 mt); and vessels issued an open access herring 
permit may not fish for, possess, or land more than 6,600 lb (3 mt) or 
Atlantic herring in Area 1A.
    At 0001 hrs November 17, 2010, all federally permitted herring 
vessels will again be prohibited 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 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).
    Effective 0001 hrs, November 15, 2010, federally permitted dealers 
are advised that they may purchase more than 2,000 lb (907.2 kg) of 
Atlantic herring caught in Area 1A by federally permitted vessels until 
0001 hrs November 17, 2010. At 0001 hrs November 17, 2010, federally 
permitted dealers will again be prohibited from purchasing 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.

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under E.O. 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 temporarily removes the 2,000-lb (907.2 
kg) herring trip limit in Area 1A from November 15 until November 17, 
2010. As of 0001 hrs November 17, 2010, the Area 1A trip limit will 
again be reduced to 2,000 lb (907.2 kg) per trip or calendar day, until 
December 31, 2010. The Atlantic herring fishery opened for the 2010 
fishing year at 0001 hrs on January 1, 2010. The Atlantic herring fleet 
was prohibited from fishing for, catching, possessing, transferring, or 
landing more than 2,000 lb (907.2 mt) per trip or calendar day on 
November 8, 2010, based on projections that 95 percent of the available 
Area 1A herring quota had been harvested. Catch data indicating the 
Atlantic herring fleet did not harvest the full amount of available 
quota have only very recently become available. If implementation of 
this temporary removal of the 2,000-lb (907.2 kg) trip limit is delayed 
to solicit

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prior public comment, the remaining quota may not be fully harvested 
before the end of the 2010 fishing year on December 31. The AA 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 10, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28845 Filed 11-10-10; 4:15 pm]
BILLING CODE 3510-22-P