Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 72735 

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 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 § 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XA058 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 Feet 

(18.3 m) Length Overall Using Hookand-Line or Pot Gear in the Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


srobinson on DSKHWCL6B1PROD with RULES
72736 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 m) length overall 

(LOA) using hook-and-line or pot gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2010 

Pacific cod total allowable catch 

allocated to catcher vessels less than 60 

feet LOA using hook-and-line or pot 

gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 23, 2010, 

through 2400 hrs, A.l.t., December 31, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2010 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet LOA using hook-andline or pot gear in the BSAI is 4,998 

metric tons, as established by the final 

2010 and 2011 harvest specification for 

groundfish in the BSAI (75 FR 11778, 

March 12, 2010) and subsequent 

reallocations on March 17, 2010 (75 FR 

13444, March 22, 2010), April 12, 2010 

(75 FR 19562, April 15, 2010), and 

August 23, 2010 (75 FR 52478, August 

26, 2010). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2010 

Pacific cod directed fishing allowance 

allocated to catcher vessels less than 60 

feet LOA using hook-and-line or pot 

gear in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels less than 60 feet LOA 

using hook-and-line or pot 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 less than 60 feet LOA 

using hook-and-line or pot 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 November 19, 2010. 

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: November 22, 2010. 

Brian W. Parker, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–29765 Filed 11–22–10; 4:15 pm] 

BILLING CODE 3510–22–P 


srobinson on DSKHWCL6B1PROD with RULES