Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 18661 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

Copies of the compliance guide for this 

final rule is available (see ADDRESSES). 

Weak Hook Voucher Program 

The National Fish and Wildlife 

Foundation (an independent 501(c)(3) 

non-profit that preserves and restores 

our nation’s native wildlife species and 

habitats) is conducting a Weak Hook 

Voucher Program through which 

Atlantic Tuna Longline permit holders 

who use PLL gear in the GOM may 

obtain an initial supply of weak hooks. 

The National Fish and Wildlife 

Foundation will mail vouchers to 

Atlantic Tuna Longline permit holders 

that used PLL gear in the GOM in 2009– 

2010. Atlantic Tuna Longline permit 

holders that have not received the 

National Fish and Wildlife Foundation 

voucher in the mail by April 12, 2011, 

and are planning to fish with PLL gear 

in the GOM this year, may request a 

voucher by contacting Mary Beth 

Charles with the National Fish and 

Wildlife Foundation at 202–595–2445 or 

Marybeth.charles@nfwf.org. Weak hook 

vouchers are for hooks that will be used 

in the Gulf of Mexico and the National 

Fish and Wildlife Foundation will 

consider requests for vouchers on a 

case-by-case basis. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: March 31, 2011. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 635 is amended 

as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 2. In § 635.2, the definition of ‘‘round 

wire stock’’ is added in alphabetical 

order to read as follows: 

§ 635.2 Definitions. 

* * * * * 

Round wire stock means round metal 

wire, typically used in the 

manufacturing of fishing hooks, that has 

not been forged, or otherwise modified 

or treated in any way to increase the 

original factory tensile strength set by 

the hook manufacturer. 

* * * * * 

■ 3. In § 635.21, paragraph 

(c)(5)(iii)(C)(2)(i) is revised to read as 

follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(c) * * * 

(5) * * * 

(iii) * * * 

(C) * * * 

(2) * * * 

(i) For purposes of paragraphs 

(c)(5)(iii)(C)(1) and (c)(5)(iii)(C)(2) of this 

section, the outer diameter of an 18/0 

circle hook at its widest point must be 

no smaller than 2.16 inches (55 mm), 

and the outer diameter of a 16/0 circle 

hook at its widest point must be no 

smaller than 1.74 inches (44.3 mm), 

when measured with the eye of the hook 

on the vertical axis (y-axis) and 

perpendicular to the horizontal axis (xaxis). The distance between the hook 

point and the shank (i.e., the gap) on an 

18/0 circle hook must be no larger than 

1.13 inches (28.8 mm), and the gap on 

a 16/0 circle hook must be no larger 

than 1.01 inches (25.8 mm). The 

allowable offset is measured from the 

barbed end of the hook, and is relative 

to the parallel plane of the eyed-end, or 

shank, of the hook when laid on its side. 

The only allowable offset circle hooks 

are those that are offset by the hook 

manufacturer. In the Gulf of Mexico, as 

described at § 600.105(c), circle hooks 

also must be constructed of corrodible 

round wire stock that is no larger than 

3.65 mm in diameter. 

* * * * * 

■ 4. In § 635.71, add paragraph (a)(54) to 

read as follows: 

§ 635.71 Prohibitions. 

* * * * * 

(a) * * * 

(54) Possess, use, or deploy, in the 

Gulf of Mexico, any circle hook, other 

than as described at § 635.21(c). Vessels 

in the Gulf of Mexico, with pelagic gear 

onboard, are prohibited from 

possessing, using, or deploying circle 

hooks that are constructed of round wire 

stock which is larger than 3.65 mm in 

diameter (See: 

§ 635.21(c)(5)(iii)(C)(2)(i)). 

* * * * * 

[FR Doc. 2011–8052 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XA304 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trip Limit Adjustments for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits. 

SUMMARY: NMFS increases the 

possession limit for George’s Bank (GB) 

cod, Cape Cod (CC)/Gulf of Maine 

(GOM) yellowtail flounder, and 

Southern New England (SNE)/MidAtlantic (MA) yellowtail flounder, and 

reduces the trip limit GOM cod and 

GOM winter flounder for Northeast (NE) 

multispecies common pool vessels for 

the 2010 fishing year (FY), through 

April 30, 2011. This action is authorized 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act, and by the regulations 

implementing Amendment 16 and 

Framework Adjustment 44 to the NE 

Multispecies Fishery Management Plan 

(FMP). The action is intended to 

facilitate the harvest of GB cod, CC/ 

GOM yellowtail flounder, and SNE/MA 

yellowtail to allow the total catch of 

these stocks to approach the pertinent 

common pool sub-annual catch limits 

(sub-ACLs). This action is also intended 

to reduce catch rates of GOM cod and 

GOM winter flounder by NE common 

pool vessels and minimize additional 

overharvest of these stocks relative to 

the pertinent common pool sub-ACLs. 

DATES: The trip limit increases for GB 

cod and SNE/MA and CC/GOM 

yellowtail flounder are effective March 

31, 2011, through April 30, 2011. The 

trip limits reductions for GOM cod and 

GOM winter flounder are effective April 

5, 2011, through April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Policy Analyst, 

(978) 281–9257, fax (978) 281–9135. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

18662 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

Regulations governing the NE 

multispecies fishery are found at 50 CFR 

648 subpart F. The regulations at 

§ 648.86(o) authorize the NE Regional 

Administrator (RA) to adjust the 

possession limits for common pool 

vessels in order to optimize the harvest 

of NE regulated multispecies by 

preventing the overharvest or 

underharvest of the pertinent common 

pool sub-ACLs. For FY 2010, the 

common pool sub-ACLs for GB cod, 

GOM cod, CC/GOM yellowtail flounder, 

SNE/MA yellowtail flounder, and GOM 

winter flounder are: 128 mt (282,192 lb); 

240 mt (529,109 lb); 50 mt (110,231 lb); 

75 mt (165,347 lb), and 25 mt (55,116 

lb), respectively. The current possession 

limit for GB cod is 2,000 lb (907.2 kg) 

per day-at-sea (DAS) up to 20,000 lb 

(9,071.8 kg) per trip, and the current 

possession limit for CC/GOM yellowtail 

flounder and SNE/MA yellowtail 

flounder is 250 lb (113.4 kg) per DAS up 

to 1,500 lb (680.4 kg) per trip. The 

current possession limits for GOM cod 

and GOM winter flounder are: 100 lb 

(45.4 kg) per DAS up to 1,000 lb (453.6 

kg) per trip and 250 lb (113.4 kg) per 

trip, respectively. 

The initial limit for GOM cod set by 

Amendment 16 was 800 lb (362.9 kg) 

per DAS up to 4,000 lb (1,814.5 kg) per 

trip. An inseason action published in 

the Federal Register on May 27, 2010 

(75 FR 29678), reduced the common 

pool trip limits for five stocks: GOM 

haddock, GB haddock, GOM winter 

flounder, GB winter flounder, and GB 

yellowtail flounder. A subsequent 

action (75 FR 44924, July 30, 2010) 

reduced the trip limit for GOM cod to 

200 lb (90.7 kg) per DAS up to 1,000 lb 

(453.6 kg) per trip and imposed a gear 

restriction in the U.S./Canada 

Management Area to reduce catch of GB 

yellowtail flounder. A September 2, 

2010, inseason action (75 FR 53872) 

imposed 2:1 differential DAS counting 

in the Inshore GOM, Offshore GOM, 

Inshore GB, and Offshore GB 

Differential DAS Areas to reduce effort 

on GOM cod, white hake, and witch 

flounder. A fourth action (75 FR 59154, 

September 27, 2010) further reduced the 

GOM cod trip limit to 100 lb (45.4 kg) 

per DAS. No inseason adjustments have 

been made to the possession limits for 

GB cod, CC/GOM yellowtail flounder, or 

SNE/MA yellowtail flounder for FY 

2010. 

As of March 24, 2011, the best 

available catch information, including 

Vessel Monitoring System (VMS) 

reports and dealer reports, indicated 

that approximately 44 percent of the GB 

cod, 67 percent of the CC/GOM 

yellowtail flounder, 24 percent of the 

SNE/MA yellowtail flounder, 102 

percent of the GOM cod, and 100 

percent of the GOM winter flounder 

common pool sub-ACLs has been 

harvested. Based on this information, 

the RA determined that additional 

measures are needed to facilitate the 

harvest of GB cod, CC/GOM yellowtail 

flounder, and SNE/MA yellowtail 

flounder to help allow the total catch of 

these stocks by common pool vessels to 

approach the pertinent common pool 

sub-ACLs. Conversely, the RA 

determined that additional measures are 

needed to slow catch rates of GOM cod 

and GOM winter flounder by common 

pool vessels. Therefore, the trip limit for 

GB cod is increased to 3,000 lb (1,360.8 

kg) per DAS up to 30,000 lb (13,607.8 

kg) per trip, and the trip limit for CC/ 

GOM yellowtail flounder and SNE/MA 

yellowtail flounder is increased to 750 

lb (340.2 kg) per DAS up to 3,000 lb 

(1,360.8 kg) per trip for common pool 

vessels, effective March 31, 2011 

through April 30, 2011. In addition, the 

trip limit for GOM cod is reduced to 100 

lb (45.4 kg) per trip, and the trip limit 

for GOM winter flounder is reduced to 

100 lb (45.4 kg) per trip for common 

pool vessels, effective April 5, 2011, 

through April 30, 2011. This action does 

not change the current cod trip limit for 

vessels with a Handgear A (50 lb (22.7 

kg) per trip), Handgear B (25 lb (11.3 kg) 

per trip), or Small Vessel Category (75 

lb (34.0 kg) per trip of cod within the 

limit of 300 lb (136.1 kg) of cod, 

haddock, and yellowtail flounder 

combined) permit. This action does 

change the GOM winter flounder trip 

limit for vessels with a Handgear A, 

Handgear B, or Small Vessel Category 

permit to 100 lb (45.4 kg) per trip). The 

trip limit adjustments implemented 

through this action are detailed in the 

table below. Catch will continue to be 

monitored through dealer-reported 

landings, VMS catch reports, and other 

available information, and if necessary, 

additional adjustments to common pool 

management measures may be made. 

Stock Old possession/trip limit New possession/trip limit 

CC/GOM yellowtail flounder 250 lb (113.4 kg) per DAS up to 1,500 lb (680.4 kg) per 

trip.

750 lb (340.2 kg) per DAS up to 3,000 lb (1,360.8 kg) 

per trip. 

SNE yellowtail flounder ........ 250 lb (113.4 kg) per DAS up to 1,500 lb (680.4 kg) per 

trip.

750 lb (340.2 kg) per DAS up to 3,000 lb (1,360.8 kg) 

per trip. 

GB cod ................................. 2,000 lb (907.2 kg) per DAS up to 20,000 lb (9,071.8 

kg) per trip.

3,000 lb (1,360.8 kg) per DAS up to 30,000 lb 

(13,607.8 kg) per trip. 

GOM cod .............................. 100 lb (45.4 kg) per DAS up to 1,000 lb (453.6 kg) per 

trip.

100 lb (45.4 kg) per trip. 

GOM winter flounder ............ 250 lb (113.4 kg) per trip ................................................ 100 lb (45.4 kg) per trip. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA finds good cause 

pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3) to waive prior notice and the 

opportunity for public comment, as well 

as delayed effectiveness, for this 

inseason adjustment because notice, 

comment, and a delayed effectiveness 

would be impracticable and contrary to 

the public interest. The regulations at 

§ 648.86(o) grant the RA authority to 

adjust the NE multispecies possession 

limits for common pool vessels in order 

to prevent the overharvest or 

underharvest of the pertinent common 

pool sub-ACLs. This action increases 

the possession limit for GB cod, CC/ 

GOM yellowtail flounder, and SNE/MA 

yellowtail flounder to facilitate the 

harvest of these stocks, as well as 

reduces the trip limits for GOM cod and 

GOM winter flounder to minimize 

overharvest of the common pool subACLs for these stocks. Catch data upon 

which this action is based have only 

recently become available. The time 

necessary to provide for prior notice and 

comment, and delayed effectiveness for 

this action, would prevent NMFS from 

implementing the necessary possession 

limit adjustments in a timely manner. A 

resulting delay in the liberalization of 

possession limits would unnecessarily 

restrain catch rates for GB cod, CC/GOM 

yellowtail flounder, and SNE/MA 

yellowtail flounder, thereby preventing 

the total catch of these stocks to 

approach the pertinent common pool 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 18663 

sub-ACLs. In addition, a resulting delay 

in the curtailment of the catch rates of 

GOM cod and GOM winter flounder 

could increase the amount of 

overharvest of GOM cod, or cause the 

GOM winter flounder sub-ACL to be 

exceeded, thereby undermining the 

conservation objectives of the FMP. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 31, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–8056 Filed 3–31–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA347 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2011 Pacific cod 

allowable catch (TAC) specified for 

catcher vessels using trawl gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 4, 2011, through 1200 

hrs, A.l.t., June 10, 2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The B season allowance of the 2011 

Pacific cod TAC allocated to catcher 

vessels using trawl gear in the BSAI is 

4,949 metric tons (mt) as established by 

the final 2011 and 2012 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the B season 

allowance of the 2011 Pacific cod TAC 

allocated to catcher vessels using trawl 

gear in the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 4,449 mt, and is setting 

aside the remaining 500 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels using trawl gear in the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 

5 U.S.C. 553(b)(B) as such requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher vessels using trawl gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of March 30, 2011. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 31, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–8058 Filed 3–31–11; 4:15 pm] 

BILLING CODE 3510–22–P 

WReier-Aviles on DSKGBLS3C1PROD with RULES