Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-season Adjustment, 49420-49422 [2010-20077]
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
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Reg; August 19, 2010, Susp.
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......do ..................
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Dated: August 4, 2010.
Edward L. Connor,
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Administrator, Department of Homeland
Security Federal Emergency Management
Agency.
[FR Doc. 2010–20006 Filed 8–12–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100513223–0289–02]
erowe on DSK5CLS3C1PROD with RULES
RIN 0648–AY88
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fisheries; 2010 Atlantic Deep-Sea Red
Crab Specifications In-season
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
15:00 Aug 12, 2010
Jkt 220001
This rule adjusts the target
total allowable catch (TAC) and
corresponding fleet days-at-sea (DAS)
allocation for the Atlantic deep-sea red
crab fishery that were implemented in
May 2010. This adjustment is consistent
with the most recent recommendation
by the New England Fishery
Management Council’s (Council)
Scientific and Statistical Committee
(SSC) and the implementing regulations
for the Atlantic Deep-Sea Red Crab
Fishery Management Plan (FMP)
allowing NMFS to make an in-season
adjustment to the specifications, after
consulting with the Council. In May
2010, NMFS finalized the fishing year
(FY) 2010 specifications for the red crab
fishery, including a target TAC and a
fleet-wide DAS allocation.
SUMMARY:
This rule is effective on
September 13, 2010.
DATES:
Copies of the specifications
document, including the Supplemental
Environmental Assessment and
Supplemental Regulatory Flexibility
Analysis and other supporting
documents for the in-season adjustment,
are available from Patricia A. Kurkul,
Regional Administrator, NMFS,
ADDRESSES:
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
Background
For FY 2010, the Council was
required by the FMP to establish
specifications for the red crab fishery
consistent with the best available
scientific information. In September
2009, the Council’s SSC recommended
a maximum sustainable yield (MSY) for
red crab within the range 3.75–4.19
million lb (1,700–1,900 mt), which was
consistent with the most recent stock
assessment (conducted by the Northeast
Fisheries Science Center’s 2008 Data
Poor Stocks Working Group), and
recommended that the interim
acceptable biological catch (ABC) be set
commensurate with recent catch. At the
time, the SSC determined recent catch
to be the amount of red crab landed in
FY 2007, which was 2.83 million lb
(1,284 mt). However, the landings in FY
2007 were the lowest since the
implementation of the FMP in 2002, and
so, during the Council’s review of the
E:\FR\FM\13AUR1.SGM
13AUR1
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
SSC’s recommendation at its September
and November 2009 meetings, the
Council requested the SSC reconsider
its recommendations.
The SSC met on March 16–17, 2010,
and determined that the interim ABC for
red crab should be revised. The SSC has
determined that the model results from
the December 2008 Data Poor Stocks
Working Group are an underestimate of
MSY, but could not determine by how
much, and did not recommend an
estimate of MSY. The SSC now
recommends that the ABC for red crab
be set equal to long-term average
landings (3.91 million lb; 1,775 mt,
based on data for 1974–2008). The SSC
considers this level of landings to be
sustainable and comfortably below the
actual, but undetermined, MSY level.
Because NMFS does not have the
regulatory authority to establish a target
TAC greater than that recommended by
the Council, the initial final rule (75 FR
27219, May 14, 2010) set the
specifications equal to the Council’s
November 2009 recommendation for a
target TAC of 3.56 million lb (1,615 mt)
and a corresponding allocation of 582
fleet DAS. However, the regulations for
red crab allow for an in-season
adjustment of the specifications, as set
forth in § 648.260(a)(3), after
consultation with the Council and an
opportunity for additional public
comment. The Council met on April 28,
2010, and recommended adjusting the
red crab specifications in accordance
with the SSC’s revised recommended
catch level of 3.91 million lb (1,775 mt).
A proposed rule was published on June
22, 2010 (75 FR 35435), requesting
public comment on the revised
recommended catch level.
Comments and Responses
No comments on the proposed rule
were received during the comment
period.
Final Specifications
erowe on DSK5CLS3C1PROD with RULES
This final rule adopts the SSC’s
revised recommended catch level as the
adjusted target TAC for the FY 2010 red
crab fishery. This would result in a
target TAC of 3.91 million lb (1,775 mt).
Using the most recent calculation of
average landings-per-DAS charged
(5,882 lb/DAS (2,668 kg/DAS) charged
from FY 2005–2009), the corresponding
fleet DAS allocation is 665 DAS.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Atlantic Deep-Sea Red Crab FMP, other
VerDate Mar<15>2010
15:00 Aug 12, 2010
Jkt 220001
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Included in this final rule is the FRFA
prepared pursuant to 5 U.S.C. 604(a).
The FRFA incorporates the IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, and NMFS’s responses to
those comments, and a summary of the
analyses completed to support the
action. A copy of the EA/Regulatory
Impact Review/IRFA is available from
the Regional Administrator (see
ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for these
specifications are explained in the
preambles to the proposed rule and this
final rule and are not repeated here.
Summary of Significant Issues Raised in
Public Comments
No public comments were received on
the IFRA or the economic impacts of the
rule more generally during the comment
period on the proposed rule.
Description and Estimated of Number of
Small Entities to Which the Rule will
Apply
There are no large entities that
participate in this fishery, as defined in
section 601 of the RFA; therefore, there
are no disproportionate effects on small
versus large entities. Information on
costs in the fishery are not readily
available, and individual vessel
profitability cannot be determined
directly; therefore, changes in gross
revenues were used as a proxy for
profitability. In the absence of
quantitative data, qualitative analyses
were conducted.
The participants in the commercial
sector are the owners of vessels issued
limited access red crab vessel permits.
There are five limited access red crab
vessel permits, although only three
vessels participated in the fishery in FY
2009.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
49421
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Specification of the target TAC and
corresponding fleet DAS allocation is
constrained by the conservation
objectives of the FMP, under the
authority of the Magnuson-Stevens Act.
The target TAC contained in this final
rule is equal to the long-term average
landings of the fleet, and roughly 25
percent higher than the FY 2009
commercial red crab landings. Whereas
a limited market has been responsible
for the recent shortfall in landings
compared to the target TAC, red crab
vessel owners have invested heavily in
a new processing plant in New Bedford,
MA, and have developed new marketing
outlets with hopes to increase demand
for their product. Further, this rule
implements a target TAC and DAS
allocation that is consistent with both
the FMP and the best available science.
The impacts on revenues associated
with the target TAC were analyzed and
are expected to be minimal. Because the
2010 target TAC being implemented in
this final rule is greater than the FY
2009 target TAC, and the target TAC
originally recommended by the Council,
no negative economic impacts are
expected as a result of this final rule.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity compliance
guides.’’ The agency shall explain the
actions a small entity is required to take
to comply with a rule or group of rules.
As part of this rulemaking process, a
small entity compliance guide will be
sent to all holders of Federal permits
issued for the Atlantic red crab fishery.
In addition, copies of this final rule and
guide (i.e., permit holder letter) are
available from NMFS (see ADDRESSES)
and at the following website: https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
■
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49422
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
PART 648--FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.260, paragraph (a)(1) is
revised to read as follows:
■
§ 648.260
Specifications.
(a) * * *
(1) Target total allowable catch. The
target TAC for each fishing year will be
3.910 million lb (1,775 mt), unless
modified pursuant to this paragraph.
*
*
*
*
*
■ 3. In § 648.262, paragraph (b)(2) is
revised to read as follows:
§ 648.262 Effort-control program for red
crab limited access vessels.
*
*
*
*
*
(b) * * *
(2) For fishing year 2010 and
thereafter. Each limited access permit
holder shall be allocated 133 DAS
unless one or more vessels declares out
of the fishery consistent with
§ 648.4(a)(13)(i)(B)(2) or the TAC is
adjusted consistent with § 648.260.
*
*
*
*
*
[FR Doc. 2010–20077 Filed 8–12–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910131363–0087–02]
RIN 0648–XY14
Fisheries of the Exclusive Economic
Zone Off Alaska; Atka Mackerel Lottery
in Areas 542 and 543
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of fishery
assignments.
AGENCY:
NMFS is notifying the owners
and operators of registered vessels of
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SUMMARY:
VerDate Mar<15>2010
15:00 Aug 12, 2010
Jkt 220001
their assignments for the 2010 B season
Atka mackerel fishery in harvest limit
area (HLA) 542 and/or 543 of the
Aleutian Islands subarea of the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
allow the harvest of the 2010 B season
HLA limits established for area 542 and
area 543 pursuant to the final 2010 and
2011 harvest specifications for
groundfish in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 10, 2010, until 1200
hrs, A.l.t., November 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
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.
In accordance with
§ 679.20(a)(8)(iii)(A), owners and
operators of vessels using trawl gear for
directed fishing for Atka mackerel in the
HLA are required to register with
NMFS. Eight vessels have registered
with NMFS to fish in the B season HLA
fisheries in areas 542 and/or 543. In
accordance with § 679.20(a)(8)(iii)(B),
the Administrator, Alaska Region,
NMFS, has randomly assigned each
vessel to the HLA directed fishery for
Atka mackerel for which they have
registered and is now notifying each
vessel of its assignment.
For the Amendment 80 cooperative,
the vessels authorized to participate in
the first HLA directed fishery in area
542 and the second HLA directed
fishery in area 543 in accordance with
§ 679.20(a)(8)(iii) are as follows: Federal
Fishery Permit number (FFP) 2733
Seafreeze Alaska and FFP 3835
Seafisher. The vessel authorized to
participate in the first HLA directed
fishery in area 543 and the second HLA
directed fishery in area 542 in
PO 00000
Frm 00072
Fmt 4700
Sfmt 9990
accordance with § 679.20(a)(8)(iii) is as
follows: FFP 2134 Ocean Peace.
For the Amendment 80 limited access
sector, vessels authorized to participate
in the first HLA directed fishery in area
542 and in the second HLA directed
fishery in area 543 in accordance with
§ 679.20(a)(8)(iii) are as follows: FFP
3819 Alaska Spirit and FFP 4093 Alaska
Victory. Vessels authorized to
participate in the first HLA directed
fishery in area 543 and in the second
HLA directed fishery in area 542 in
accordance with § 679.20(a)(8)(iii) are as
follows: FFP 2443 Alaska Juris and FFP
3423 Alaska Warrior.
For the BSAI trawl limited access
sector, the vessel authorized to
participate in the first HLA directed
fishery in area 542 in accordance with
§ 679.20(a)(8)(iii) is as follows: FFP
11770 Alaska Knight.
Classification
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 unnecessary. This notice
merely advises the owners of these
vessels of the results of a random
assignment required by regulation. The
notice needs to occur immediately to
notify the owner of each vessel of its
assignment to allow these vessel owners
to plan for participation in the B season
HLA fisheries in area 542 and area 543.
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: August 9, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–20056 Filed 8–10–10; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\13AUR1.SGM
13AUR1
Agencies
[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49420-49422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20077]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100513223-0289-02]
RIN 0648-AY88
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-
season Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adjusts the target total allowable catch (TAC) and
corresponding fleet days-at-sea (DAS) allocation for the Atlantic deep-
sea red crab fishery that were implemented in May 2010. This adjustment
is consistent with the most recent recommendation by the New England
Fishery Management Council's (Council) Scientific and Statistical
Committee (SSC) and the implementing regulations for the Atlantic Deep-
Sea Red Crab Fishery Management Plan (FMP) allowing NMFS to make an in-
season adjustment to the specifications, after consulting with the
Council. In May 2010, NMFS finalized the fishing year (FY) 2010
specifications for the red crab fishery, including a target TAC and a
fleet-wide DAS allocation.
DATES: This rule is effective on September 13, 2010.
ADDRESSES: Copies of the specifications document, including the
Supplemental Environmental Assessment and Supplemental Regulatory
Flexibility Analysis and other supporting documents for the in-season
adjustment, are available from Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
For FY 2010, the Council was required by the FMP to establish
specifications for the red crab fishery consistent with the best
available scientific information. In September 2009, the Council's SSC
recommended a maximum sustainable yield (MSY) for red crab within the
range 3.75-4.19 million lb (1,700-1,900 mt), which was consistent with
the most recent stock assessment (conducted by the Northeast Fisheries
Science Center's 2008 Data Poor Stocks Working Group), and recommended
that the interim acceptable biological catch (ABC) be set commensurate
with recent catch. At the time, the SSC determined recent catch to be
the amount of red crab landed in FY 2007, which was 2.83 million lb
(1,284 mt). However, the landings in FY 2007 were the lowest since the
implementation of the FMP in 2002, and so, during the Council's review
of the
[[Page 49421]]
SSC's recommendation at its September and November 2009 meetings, the
Council requested the SSC reconsider its recommendations.
The SSC met on March 16-17, 2010, and determined that the interim
ABC for red crab should be revised. The SSC has determined that the
model results from the December 2008 Data Poor Stocks Working Group are
an underestimate of MSY, but could not determine by how much, and did
not recommend an estimate of MSY. The SSC now recommends that the ABC
for red crab be set equal to long-term average landings (3.91 million
lb; 1,775 mt, based on data for 1974-2008). The SSC considers this
level of landings to be sustainable and comfortably below the actual,
but undetermined, MSY level.
Because NMFS does not have the regulatory authority to establish a
target TAC greater than that recommended by the Council, the initial
final rule (75 FR 27219, May 14, 2010) set the specifications equal to
the Council's November 2009 recommendation for a target TAC of 3.56
million lb (1,615 mt) and a corresponding allocation of 582 fleet DAS.
However, the regulations for red crab allow for an in-season adjustment
of the specifications, as set forth in Sec. 648.260(a)(3), after
consultation with the Council and an opportunity for additional public
comment. The Council met on April 28, 2010, and recommended adjusting
the red crab specifications in accordance with the SSC's revised
recommended catch level of 3.91 million lb (1,775 mt). A proposed rule
was published on June 22, 2010 (75 FR 35435), requesting public comment
on the revised recommended catch level.
Comments and Responses
No comments on the proposed rule were received during the comment
period.
Final Specifications
This final rule adopts the SSC's revised recommended catch level as
the adjusted target TAC for the FY 2010 red crab fishery. This would
result in a target TAC of 3.91 million lb (1,775 mt). Using the most
recent calculation of average landings-per-DAS charged (5,882 lb/DAS
(2,668 kg/DAS) charged from FY 2005-2009), the corresponding fleet DAS
allocation is 665 DAS.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Atlantic Deep-Sea Red Crab FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, and NMFS's responses to those comments, and a summary of the
analyses completed to support the action. A copy of the EA/Regulatory
Impact Review/IRFA is available from the Regional Administrator (see
ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for these specifications are
explained in the preambles to the proposed rule and this final rule and
are not repeated here.
Summary of Significant Issues Raised in Public Comments
No public comments were received on the IFRA or the economic
impacts of the rule more generally during the comment period on the
proposed rule.
Description and Estimated of Number of Small Entities to Which the Rule
will Apply
There are no large entities that participate in this fishery, as
defined in section 601 of the RFA; therefore, there are no
disproportionate effects on small versus large entities. Information on
costs in the fishery are not readily available, and individual vessel
profitability cannot be determined directly; therefore, changes in
gross revenues were used as a proxy for profitability. In the absence
of quantitative data, qualitative analyses were conducted.
The participants in the commercial sector are the owners of vessels
issued limited access red crab vessel permits. There are five limited
access red crab vessel permits, although only three vessels
participated in the fishery in FY 2009.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Specification of the target TAC and corresponding fleet DAS
allocation is constrained by the conservation objectives of the FMP,
under the authority of the Magnuson-Stevens Act. The target TAC
contained in this final rule is equal to the long-term average landings
of the fleet, and roughly 25 percent higher than the FY 2009 commercial
red crab landings. Whereas a limited market has been responsible for
the recent shortfall in landings compared to the target TAC, red crab
vessel owners have invested heavily in a new processing plant in New
Bedford, MA, and have developed new marketing outlets with hopes to
increase demand for their product. Further, this rule implements a
target TAC and DAS allocation that is consistent with both the FMP and
the best available science.
The impacts on revenues associated with the target TAC were
analyzed and are expected to be minimal. Because the 2010 target TAC
being implemented in this final rule is greater than the FY 2009 target
TAC, and the target TAC originally recommended by the Council, no
negative economic impacts are expected as a result of this final rule.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the Atlantic red crab
fishery. In addition, copies of this final rule and guide (i.e., permit
holder letter) are available from NMFS (see ADDRESSES) and at the
following website: https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
[[Page 49422]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
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1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 648.260, paragraph (a)(1) is revised to read as follows:
Sec. 648.260 Specifications.
(a) * * *
(1) Target total allowable catch. The target TAC for each fishing
year will be 3.910 million lb (1,775 mt), unless modified pursuant to
this paragraph.
* * * * *
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3. In Sec. 648.262, paragraph (b)(2) is revised to read as follows:
Sec. 648.262 Effort-control program for red crab limited access
vessels.
* * * * *
(b) * * *
(2) For fishing year 2010 and thereafter. Each limited access
permit holder shall be allocated 133 DAS unless one or more vessels
declares out of the fishery consistent with Sec. 648.4(a)(13)(i)(B)(2)
or the TAC is adjusted consistent with Sec. 648.260.
* * * * *
[FR Doc. 2010-20077 Filed 8-12-10; 8:45 am]
BILLING CODE 3510-22-S