59154 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

the member’s appointment if that 

member receives an unfavorable 

background investigation. In instances 

in which Council members may need to 

discuss, at closed meetings, materials 

classified for national security purposes, 

the agency or individual (e.g., 

Department of State, U.S. Coast Guard) 

providing such classified information 

will be responsible for ensuring that 

Council members and other attendees 

have the appropriate security 

clearances. 

* * * * * 

■ 20. Section 600.250 is added to 

subpart C to read as follows: 

§ 600.250 Council member training. 

(a) The Secretary shall provide a 

training course covering a variety of 

topics relevant to matters before the 

Councils and shall make the training 

course available to all Council members 

and staff and staff from NMFS regional 

offices and science centers. To the 

extent resources allow, the Secretary 

will make the training available to 

Council committee and advisory panel 

members. 

(b) Council members appointed after 

January 12, 2007, shall, within one year 

of appointment, complete the training 

course developed by the Secretary. Any 

Council member who completed such a 

training course within 24 months of 

January 12, 2007, is considered to have 

met the training requirement of this 

section. 

[FR Doc. 2010–24222 Filed 9–24–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100120036–0360–02] 

RIN 0648–XT99 

Fisheries of the Northeastern United 

States; Black Sea Bass Fishery; 2010 

Black Sea Bass Specifications; 

Emergency Rule Extension; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; correction. 

SUMMARY: On July 7, 2010, NMFS 

published in the Federal Register a 

temporary rule to extend the emergency 

action to increase the 2010 black sea 

bass specifications. The preamble text of 

that rule incorrectly identified the 

revised commercial quota and 

recreational harvest limit (RHL) based 

on the increased 2010 black sea bass 

total allowable landings (TAL). This 

document corrects those values to 

ensure that they are consistent with the 

revised 2010 black sea bass 

specifications. 

DATES: Effective August 10, 2010, 

through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Management 

Specialist, (978) 281–9257. 

SUPPLEMENTARY INFORMATION: A 

temporary rule to extend the emergency 

action to increase the 2010 black sea 

bass specifications was published in the 

Federal Register on July 7, 2010 (75 FR 

38935). On page 38935 of that rule, the 

commercial quota is incorrectly listed as 

1,813,000 lb (822 (mt), and the RHL is 

listed as 1,887,000 lb (856 mt). The 

corrected values for these specifications 

are as follows: The commercial quota is 

1,758,610 lb (798 mt) and the RHL is 

1,830,390 lb (830 mt). 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator (AA) for 

NOAA, Fisheries finds good cause to 

waive prior notice and opportunity for 

additional public comment for this 

action because any delay of this action 

would be contrary to the public interest. 

This rule corrects the commercial quota 

and RHL values published in the 

Federal Register on July 7, 2010 (75 FR 

38935), as part of the extension to the 

emergency rule to increase the 2010 

black sea bass specifications. The 

measures in the extension to the 

emergency rule, published in the 

Federal Register on July 7, 2010, were 

intended to be the same as those 

published in the initial emergency 

action on February 10, 2010 (75 FR 

6586). However, the extension to the 

emergency rule incorrectly identified 

the revised commercial quota and RHL 

values based on the increased 2010 

black sea bass TAL. To delay this 

correction notice would cause confusion 

over the revised 2010 black sea bass 

specifications because of the disparity 

between the revised specifications and 

the commercial quota and RHL values 

that were incorrectly identified in the 

extension to the emergency rule. 

Immediate publication of the corrected 

commercial quota and RHL will rectify 

any confusion on the revised 2010 black 

sea bass specifications. For the reasons 

provided above, the AA also finds good 

cause, pursuant to 5 U.S.C. 553(d)(3), to 

waive the 30-day delayed effective 

period for this correction. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

This final rule is exempt from review 

under Executive Order 12866. 

Correction 

Accordingly, the final rule FR Doc. 

2010–16498, published on July 7, 2010 

(75 FR 38935), is corrected as follows: 

1. On page 38935, In the second 

column, in the first full paragraph, in 

the twentieth line, ‘‘1,813,000 lb (822 

mt),’’ is corrected to read ‘‘1,758,610 lb 

(798 mt),’’ and in the twenty-second 

line, ‘‘1,887,000 lb (856 mt),’’ is 

corrected to read ‘‘1,830,390 lb (830 

mt),’’. 

Dated: September 21, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–24219 Filed 9–24–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XZ07 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trip Limit Reductions and 

Gear Modifications 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 and gear 

requirements. 

SUMMARY: This action decreases the 

landing limits for Gulf of Maine (GOM) 

cod to 100 lb (45.4 kg) per days-at-sea 

(DAS) up to 1000 lb (453.6 kg) per trip, 

Georges Bank (GB) yellowtail flounder 

to 100 lb (45.4 kg) per trip, and white 

hake to 100 lb (45.4 kg) per DAS up to 

500 lb (226.8 kg) per trip; expands the 

trawl gear restriction in the U.S./Canada 

Management Area to include the entire 

Western U.S./Canada Area; and 

authorizes the use of the rope separator 

trawl in the Western U.S./Canada Area 

for NE multispecies vessels fishing in 

the common pool for the remainder of 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59155 

the 2010 fishing year (FY) (through 

April 30, 2011). This action is 

authorized under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and by the 

regulations implementing Amendment 

16 and Framework Adjustment 44 (FW 

44) to the NE Multispecies Fishery 

Management Plan (FMP). It is intended 

to optimize the harvest of NE regulated 

multispecies by decreasing the 

likelihood of harvest exceeding the 

subcomponent of the annual catch limit 

(ACL) allocated to the common pool 

(common pool sub-ACL) for each of 

these three stocks during FY 2010 (May 

1, 2010, through April 30, 2011). 

DATES: September 27, 2010, through 

April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing possession and 

landing limits for vessels fishing under 

common pool regulations are found at 

§ 648.86. The regulations authorize 

vessels issued a valid limited access NE 

multispecies permit and fishing under a 

NE multispecies day-at-sea (DAS), or 

fishing under a NE multispecies Small 

Vessel or Handgear A or B category 

permit, to fish for and retain NE 

multispecies under specified 

conditions. The vessels fishing in the 

common pool are allocated a sub-ACL 

equivalent to that portion of the 

commercial groundfish ACL that is not 

allocated to the 17 approved NE 

multispecies sectors for FY 2010. The 

final rule implementing FW 44 (75 FR 

18356, April 9, 2010) established ACLs 

for FY 2010, which were modified by a 

subsequent rule (75 FR 29459, May 26, 

2010). For FY 2010, the common pool 

sub-ACLs for these stocks are: 240 mt 

(529,109 lb) for GOM cod, 20 mt (43,954 

lb) for GB yellowtail flounder, and 51 

mt (112,436 lb) for white hake. 

The regulations at § 648.86(o) 

authorize the Administrator, Northeast 

(NE) Region, NMFS (Regional 

Administrator) to increase or decrease 

the trip limits for vessels in the common 

pool to optimize the harvest of NE 

regulated species by preventing overharvesting or under-harvesting the 

common pool sub-ACL. The current 

relevant FY 2010 trip limits are: 200 lb 

(90.7 kg)/DAS up to 1,000 lb (453.6 kg)/ 

trip for GOM cod; 1,000 lb (453.6 kg)/ 

trip for GB yellowtail flounder; and 

2,000 lb (907.2 kg)/DAS up to 10,000 lb 

(4,535.9 kg)/trip for white hake. 

Exceeding the common pool sub-ACL 

prior to April 30, 2011, would trigger 

accountability measures (AMs) in FY 

2011--specifically, differential DAS 

counting, to prevent future overages. 

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 and 

imposed a gear restriction in the U.S./ 

Canada Management Area to reduce 

catch of GB yellowtail flounder. A third 

action (75 FR 48613, August 11, 2010) 

imposed a trip limit for witch flounder 

and removed the trip limit for pollock. 

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. 

Initial vessel monitoring system 

(VMS) and dealer reports indicate that 

approximately 91.4 percent of the GOM 

cod, 90.2 percent of the GB yellowtail 

flounder, and 65.5 percent of the white 

hake common pool sub-ACLs had been 

harvested as of September 11, 2010. 

Although there are relatively few 

common pool vessels landing 

groundfish, such vessels have been 

leasing in additional DAS from other 

vessels, and a substantial portion of the 

FY remains. Even minimal future 

fishing activity will likely increase catch 

of the stocks of concern. Should the 

common pool sub-ACLs be exceeded 

prior to April 30, 2011, AMs would be 

automatically triggered for the common 

pool fishery in FY 2011. 

Based on this information, the 

Regional Administrator has determined 

that despite previous inseason actions, 

additional measures are needed to help 

ensure that the common pool sub-ACLs 

are not exceeded before the end of the 

FY. To that end the Regional 

Administrator is implementing the trip 

limit changes in the following table, 

effective September 27, 2010 through 

April 30, 2011, as well as restrictions on 

the use of trawl gear in the entire 

Western U.S./Canada Area as more fully 

described below. 

Stock NewTrip Limit 

GOM Cod 100 lb (45.4 kg) per 

DAS, up to 1000 lb 

(453.6 kg) per trip 

GB Yellowtail Flounder 100 lb (45.4 kg) per 

trip 

Stock NewTrip Limit 

White Hake 100 lb (45.4 kg) per 

DAS, up to 500 lb 

(226.8 kg) per trip 

On July 30, 2010, NMFS implemented 

a prohibition on the use of trawl gear, 

except for the haddock separator trawl 

and the Ruhle trawl, as specified at 

§§ 648.85(a)(3)(iii) and (b)(6)(iv)(J)(3), 

respectively, by any limited access NE 

multispecies common pool vessel that 

harvests, possesses, or lands fish from, 

or deploys its net during any part of a 

trip in, the Western U.S./Canada Area 

south of 41° 40′ N. lat. when fishing 

under a NE multispecies DAS, to reduce 

catches and discards of GB yellowtail 

flounder. This allowed a vessel to 

continue to fish for other stocks north of 

41° 40′ N. lat., where NMFS at-sea 

observer data indicate catch rates of 

yellowtail flounder are lower. However, 

due to the small amount of GB 

yellowtail flounder remaining for the 

common pool fishery (approximately 2 

mt (4,409 lb)) any catch of GB yellowtail 

flounder in this area could exceed the 

remaining sub-ACL. Given this concern, 

expanding the gear restriction to the 

entire Western U.S./Canada Area is 

warranted, and is implemented through 

this action. 

The current Western U.S./Canada 

Area trawl gear restriction inadvertently 

omitted rope separator trawl gear as an 

acceptable type of gear that could be 

allowed to slow the catch and discard 

rates of GB yellowtail flounder. This 

omission, which was inconsistent with 

gear allowed in the adjacent Western GB 

Multispecies Restricted Gear Area 

(RGA) as specified at § 648.81(n) is 

corrected through this action to ensure 

flexibility in gears allowed, and to be 

consistent with gear restrictions in the 

RGA. This action now allows common 

pool vessels to use the rope separator 

trawl, as defined at § 648.81(n)(3)(i)(A), 

when fishing in the Western U.S./ 

Canada Area. A vessel that fishes in the 

Eastern U.S./Canada Area is still 

restricted from using a flounder trawl 

and may only use either a haddock 

separator trawl or a Ruhle trawl, as the 

rope separator trawl is not an authorized 

gear type in the Eastern U.S./Canada 

Area. 

The regulations at § 648.85(a)(3)(iv)(D) 

specify that, if the Regional 

Administrator requires use of a 

particular gear type in order to reduce 

catches of stocks of concern, the 

following gear performance incentives 

will apply: Possession of flounders (all 

species combined), monkfish, and 

skates is limited to 500 lb (226.8 kg) 

(whole weight) each (i.e., no more than 

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59156 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

500 lb (226.8 kg) of all flounders, no 

more than 500 lb (226.8 kg) of monkfish, 

and no more than 500 lb (226.8 kg) of 

skates), and possession of lobsters is 

prohibited. Therefore, common pool 

vessels fishing any part of a trip in any 

part of the U.S./Canada Management 

Area (Eastern or Western Areas) are 

restricted to these catch limits for the 

duration of that trip, and, of the 500 lb 

(226.8 kg) of flounders, no more than 

100 lb ( 45.4 kg) may be GB yellowtail 

flounder. 

Catch will be closely monitored 

through dealer-reported landings, VMS 

catch reports, and other available 

information. Further inseason 

adjustments to increase or decrease the 

trip limits, or to adjust differential DAS 

measures, may be considered, based on 

updated catch data and projections. 

Conversely, if the common pool subACL is projected to be under-harvested 

by the end of FY 2010, in-season 

adjustments to increase the trip limit for 

the remainder of FY2010 will be 

considered. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

notice, comment, and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. The 

regulations under §§ 648.86(o) and 

648.85(a)(3)(iv)(D) grant the RA the 

authority to adjust NE multispecies trip 

limits and implement gear restrictions 

in the U.S./Canada Management Area to 

prevent over-harvesting or underharvesting the common pool sub-ACLs. 

This action will implement more 

restrictive trip limits for GOM cod, GB 

yellowtail flounder, and white hake in 

order to ensure that the common pool 

sub-ACLs are not overharvested, and 

that the biological and economic 

objectives of the FMP are met. It is 

important to take this action 

immediately because, based on current 

data and projections, continuation of the 

status quo trip limits will result in 

reaching the respective common pool 

sub-ACLs prior to the end of the FY. 

Inseason adjustments in FY 2010 have 

already reduced the landing limits for 

GOM cod (July 30, 2010) and GB 

yellowtail flounder (May 27, 2010), 

implemented a gear restriction in most 

of the Western U.S./Canada Area (July 

30, 2010), and implemented differential 

DAS counting in the GOM and GB to 

minimize the chance of exceeding the 

sub-ACL for GOM cod and white hake, 

as well as other stocks (September 2, 

2010). Attainment of any of the common 

pool sub-ACLs prior to the end of the 

FY on April 30, 2011, would result in 

AMs being put in place for the common 

pool in FY 2011. These restrictions 

could result in the loss of yield of other 

valuable species caught by vessels in the 

common pool. The information that is 

the basis for this action includes recent 

catch data that only recently became 

available. The time necessary to provide 

for prior notice and comment, and 

delayed effectiveness for this action, 

would prevent NMFS from 

implementing a reduced trip limit and 

additional gear restrictions in a timely 

manner. A resulting delay in the 

curtailment of the catch rate of these 

three stocks could result in less revenue 

for the fishing industry and be counter 

to the objective of achieving optimum 

yield from the fishery. 

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

Dated: September 21, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–24188 Filed 9–22–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 0912281446–0111–02] 

RIN 0648–XY79 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

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 sardine off the coasts 

of Washington, Oregon and California. 

This action is necessary because the 

directed harvest allocation total for the 

third seasonal period (September 15 

December 31) is projected to be reached 

by the effective date of this rule. From 

the effective date of this rule until 

January 1, 2011, Pacific sardine can only 

be harvested as part of the live bait 

fishery or incidental to other fisheries; 

the incidental harvest of Pacific sardine 

is limited to 30–percent by weight of all 

fish per trip. Fishing vessels must be at 

shore and in the process of offloading at 

12:01 am Pacific Daylight Time on date 

of closure. 

DATES: Effective 12:01 am Pacific 

Daylight Time (PDT) September 24, 

2010, through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: This 

document announces that based on the 

best available information recently 

obtained from the fishery and 

information on past effort, the directed 

fishing harvest allocation for the third 

allocation period (September 15 

December 31) will be reached and 

therefore directed fishing for Pacific 

sardine is being closed until January 1, 

2011. Fishing vessels must be at shore 

and in the process of offloading at the 

time of closure. From 12:01 am on the 

date of closure through December 31, 

2010, Pacific sardine may be harvested 

only as part of the live bait fishery or 

incidental to other fisheries, with the 

incidental harvest of Pacific sardine 

limited to 30–percent by weight of all 

fish caught during a trip. 

NMFS manages the Pacific sardine 

fishery in the U.S. exclusive economic 

zone (EEZ) off the Pacific coast 

(California, Oregon, and Washington) in 

accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). Annual specifications published 

in the Federal Register establish the 

harvest guideline (HG) and allowable 

harvest levels for each Pacific sardine 

fishing season (January 1 - December 

31). If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. In the event that an incidental setaside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

Under 50 CFR 660.509, if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register announcing the 

date of the closure of the directed 

fishery for Pacific sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

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