[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69014-69015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XZ70


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

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

ACTION: Temporary rule; notification of trip limit reduction in Area 1A 
of the Atlantic Herring Fishery.

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SUMMARY: NMFS announces that, effective 1200 hours, November 8, 2010, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring), 
per trip or calendar day, in or from Management Area 1A (Area 1A) until 
January 1, 2011, except for transiting purposes described in this 
document.

DATES: Effective 1200 hours, November 8, 2010, through December 31, 
2010.

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

SUPPLEMENTARY INFORMATION: Regulations governing the herring fishery 
are found at 50 CFR part 648 and require annual specification of 
optimum yield, domestic and foreign fishing, domestic and joint venture 
processing, and management area TACs. 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.
    This action announces that NMFS has determined, based upon dealer 
reports and other available information, that 95 percent of the herring 
TAC allocated to Area 1A (25,219 mt) for the 2010 fishing year is 
projected to be harvested on November 8, 2010. Therefore, effective 
1200 hrs local time, November 8, 2010, federally permitted vessels may 
not fish for, catch, possess, transfer, or land 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). 
Federally permitted dealers are also advised, effective November 8, 
2010, that they may not purchase 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.
    Beginning on January 1, 2011, a new TAC in Area 1A will become 
effective.

[[Page 69015]]

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 reduces the trip limit for herring in Area 
1A to 2,000 lb (907.2 kg) until January 1, 2011, under current 
regulations. Regulations at Sec.  648.201(a) require such an action to 
ensure that herring catch does not exceed the 2010 Area 1A TAC. The 
herring fishery opened for the 2010 fishing year at 0001 hours on 
January 1, 2010. Data indicating the herring fleet will have harvested 
at least 95 percent of the 2010 Management Area 1A TAC have only 
recently become available. If implementation of this trip limit 
reduction is delayed to solicit prior public comment, the 2010 TAC for 
the management area will be exceeded, thereby undermining the 
conservation objectives of the herring fishery management plan. 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: November 4, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28321 Filed 11-5-10; 8:45 am]
BILLING CODE 3510-22-P