[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72734-72735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29766]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA053


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) 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 29, 2010, through 0001 hrs, December 3, 
2010. At 0001 hrs, December 3, 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 29, 2010, through 0001 hours, 
December 3, 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

[[Page 72735]]

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 published a temporary rule, effective November 8, 2010, in the 
Federal Register (75 FR 69104, November 10, 2010) 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 to be effective through December 
31, 2010.
    The NMFS Northeast Regional Administrator subsequently determined, 
based upon dealer reports and other available information, that the 
herring fleet had not yet taken 95 percent of the TAC as of November 8, 
2010, and that there was approximately 5,000 mt of Atlantic herring 
quota still available in Area 1A. Therefore, to ensure that the herring 
fleet was able to take up to 95 percent of the TAC, consistent with 
applicable regulations and trip limits, NMFS published a temporary 
rule, effective November 15 through November 17, 2010, which 
temporarily removed the 2,000-lb (907.2-kg) trip limit, and restored 
the trip limits, if any, in effect before November 8, 2010 (75 FR 
69903, November 16, 2010). Effective 0001 hrs November 17, 2010, all 
federally permitted herring vessels were again 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.
    NMFS has since determined that, as of November 18, 2010, based on 
the best available landings information, the herring fleet has not yet 
taken 95 percent of the TAC. Best available data indicates that 
approximately 2,400 mt of the Atlantic herring TAC in Area 1A is still 
available. 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 17, 2010, and restores the trip 
limits, if any, in effect before November 17, 2010, from 0001 hours 
November 29, 2010, until 0001 hrs December 3, 2010. This means that, 
effective 0001 hrs, November 29, 2010, through 0001 hrs, December 3, 
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) of 
Atlantic herring in Area 1A.
    At 0001 hrs December 3, 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 29, 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 December 3, 2010. At 0001 hrs December 3, 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 0001 hours, 
November 29 until 0001 hours, December 3, 2010. As of 0001 hrs December 
3, 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. The 2,000-lb (907.2-kg) trip limit was temporarily 
removed effective 0001 hrs November 15 through 0001 hours November 17, 
2010, so that the herring fleet would have the opportunity to take 95 
percent of the Area 1A TAC. However, 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 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 22, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-29766 Filed 11-22-10; 4:15 pm]
BILLING CODE 3510-22-P