Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 69903 

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. 

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 § 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 § 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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69904 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

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 


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