Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Directed Butterfish Fishery, 51683-51684 [2010-20866]

Download as PDF Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Rules and Regulations 51683 TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued Facility Address Waste description (B) Update one-time written notification, if it ships the delisted waste into a different disposal facility. (C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. TABLE 2—WASTE EXCLUDED FROM SPECIFIC SOURCES Facility Address * Oxychem ..................... * * * * * * ................................................. * [FR Doc. 2010–20848 Filed 8–20–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0907301206–0032–02] RIN 0648–XX82 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Directed Butterfish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the directed fishery for butterfish in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, August 24, 2010. Vessels issued a Federal permit to harvest butterfish may not retain or land more than 250 lb (0.11–mt) of butterfish per trip for the remainder of the year (through December 31, 2010). This action is necessary to prevent the fishery from exceeding its domestic annual harvest (DAH) of 485 mt, and to allow for effective management of this stock. sroberts on DSKD5P82C1PROD with RULES SUMMARY: Effective 0001 hours, August 24, 2010, through 2400 hours, December 31, 2010. FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management Specialist, 978 675–2179, Fax 978–281– 9135. DATES: VerDate Mar<15>2010 Waste description 15:54 Aug 20, 2010 Jkt 220001 * * * * Wastewater Treatment Biosludge (EPA Hazardous Waste Number K019, K020, F025, F001, F003, and F005) generated at a maximum rate of 7,500 cubic yards per calendar year after August 23, 2010. Oxychem must implement the testing program in Table 1. Wastes Excluded from Non-Specific Sources for the petition to be valid. SUPPLEMENTARY INFORMATION: Regulations governing the butterfish fishery are found at 50 CFR part 648. The regulations require specifications for maximum sustainable yield, initial optimum yield, allowable biological catch, domestic annual harvest (DAH), domestic annual processing, joint venture processing, and total allowable levels of foreign fishing for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). The procedures for setting the annual initial specifications are described in § 648.21. The 2010 specification of DAH for butterfish was set at 485 mt (75 FR 5537, February 3, 2010). Section 648.22 requires NMFS to close the directed butterfish fishery in the EEZ when 80 percent of the total annual DAH has been harvested. If 80 percent of the butterfish DAH is projected to be landed prior to October 1, a 250–lb (0.11–mt) incidental butterfish possession limit is put in effect for the remainder of the year, and if 80 percent of the butterfish DAH is projected to be landed on or after October 1, a 600–lb (0.27–mt) incidental butterfish possession limit is put in effect for the remainder of the year. NMFS is further required to notify, in advance of the closure, the Executive Directors of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils; mail notification of the closure to all holders of butterfish permits at least 72 hr before the effective date of the closure; provide adequate notice of the closure to recreational participants in the fishery; and publish notification of the closure in the Federal Register. The Administrator, Northeast Region, NMFS, based on dealer reports and other available information, has PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 determined that 80 percent of the DAH for butterfish in 2010 fishing year will be harvested. Therefore, effective 0001 hours, August 24, 2010, the directed fishery for the butterfish fishery is closed and vessels issued Federal permits for butterfish may not retain or land more than 250 lb (0.11 mt) of butterfish per trip or calendar day. The directed fishery will reopen effective 0001 hours, January 1, 2011, when the 2011 DAH becomes available. 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 closes the butterfish fishery until January 1, 2011, under current regulations. The regulations at § 648.21 require such action to ensure that butterfish vessels do not exceed the 2010 TAC. Data indicating the butterfish fleet will have landed at least 80 percent of the 2010 TAC have only recently become available. If implementation of this closure if delayed to solicit prior public comment, the quota for this year will be exceeded, thereby undermining the conservation objectives of the FMP. 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. E:\FR\FM\23AUR1.SGM 23AUR1 51684 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Rules and Regulations Dated: August 17, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–20866 Filed 8–18–10; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 090428799–9802–01] RIN 0648–BA10 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures; request for comments. AGENCY: This final rule makes inseason adjustments to commercial fishery management measures for several groundfish species taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. DATES: Effective 0001 hours (local time) August 18, 2010. Comments on this final rule must be received no later than 5 p.m., local time on September 22, 2010. SUMMARY: You may submit comments, identified by RIN 0648–BA10, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: http:// www.regulations.gov. • Fax: 206–526–6736, Attn: Gretchen Hanshew • Mail: William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115–0070, Attn: Gretchen Hanshew. Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be sroberts on DSKD5P82C1PROD with RULES ADDRESSES: VerDate Mar<15>2010 15:54 Aug 20, 2010 Jkt 220001 posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region, NMFS), 206–526–6147, fax: 206–526– 6736, gretchen.hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register’s Web site at http:// www.gpoaccess.gov/fr/index.html. Background information and documents are available at the Pacific Fishery Management Council’s (the Council or PFMC) Web site at http:// www.pcouncil.org/. Background On December 31, 2008, NMFS published a proposed rule to implement the 2009–2010 specifications and management measures for the Pacific Coast groundfish fishery (73 FR 80516). The final rule to implement the 2009– 2010 specifications and management measures for the Pacific Coast Groundfish Fishery was published on March 6, 2009 (74 FR 9874). This final rule was subsequently amended by inseason actions on April 27, 2009 (74 FR 19011), July 6, 2009 (74 FR 31874), October 28, 2009 (74 FR 55468), February 26, 2010 (75 FR 8820), May 4, 2010 (75 FR 23620), July 1, 2010 (75 FR 38030), and July 16, 2010 (75 FR 41386). Additional changes to the 2009–2010 specifications and management measures for petrale sole were made in two final rules: On November 4, 2009 (74 FR 57117), and December 10, 2009 (74 FR 65480). NMFS issued a final rule in response to a duly issued court order on July 8, 2010 (75 FR 39178). These specifications and management measures are at 50 CFR part 660, subpart G. Limited Entry Non-Whiting Trawl Fishery Management Measures Changes to the groundfish management measures implemented by this action were recommended by the Council, in consultation with Pacific Coast Treaty Indian Tribes and the PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 States of Washington, Oregon, and California, at its June 11–17, 2010, meeting in Foster City, CA. The Council recommended adjusting the groundfish management measures to respond to updated fishery information and other inseason management needs. These changes include increases to bi-monthly cumulative limits in the commercial fisheries off Washington, Oregon, and California and a change to the lingcod retention regulations for salmon troll fishermen. The increases to cumulative limits are intended to allow additional harvest opportunities for species for which catch estimates through the end of the year are lower than anticipated. The change to the lingcod retention regulations is intended to relieve a restriction for salmon trollers that do not fish inside the groundfish rockfish conservation area (RCA). The increase to chilipepper rockfish trip limits in the limited entry trawl fishery slightly increases the projected impacts to bocaccio, a co-occurring overfished species. However, even with the slight increase in impacts for bocaccio, when combined with the projected impacts from all other fisheries, the 2010 OY for this rebuilding species is not projected to be exceeded. Estimated mortality of overfished and target species are the result of management measures designed to meet the Pacific Coast Groundfish FMP objective of achieving, to the extent possible, but not exceeding, OYs of target species, while fostering the rebuilding of overfished stocks by remaining within their rebuilding OYs. Limited Entry Non-Whiting Trawl Fishery Chilipepper rockfish is an underutilized species, primarily due to fishery management measures that are intended to reduce impacts to cooccurring bocaccio, an overfished species. Recent inseason restrictions to trip limits for sablefish, Dover sole, petrale sole and other flatfish in the limited entry trawl fishery to prevent exceeding the 2010 OY for petrale sole and the limited entry trawl allocation for sablefish have reduced projected impacts to bocaccio in the trawl fishery. Due to the lower than anticipated projected impacts to bocaccio, the Council considered increasing the trip limits for chilipepper rockfish to provide additional harvest opportunities for this underutilized healthy stock. With the recommended chilipepper rockfish trip limit adjustments, projected impacts to overfished bocaccio are anticipated to be 7.5 mt, or 47 percent of the trawl fisheries’ initially projected bocaccio impacts of E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Rules and Regulations]
[Pages 51683-51684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301206-0032-02]
RIN 0648-XX82


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Closure of the Directed Butterfish 
Fishery

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

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS announces that the directed fishery for butterfish in 
the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, 
August 24, 2010. Vessels issued a Federal permit to harvest butterfish 
may not retain or land more than 250 lb (0.11-mt) of butterfish per 
trip for the remainder of the year (through December 31, 2010). This 
action is necessary to prevent the fishery from exceeding its domestic 
annual harvest (DAH) of 485 mt, and to allow for effective management 
of this stock.

DATES:  Effective 0001 hours, August 24, 2010, through 2400 hours, 
December 31, 2010.

FOR FURTHER INFORMATION CONTACT:  Lindsey Feldman, Fishery Management 
Specialist, 978 675-2179, Fax 978-281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the butterfish fishery 
are found at 50 CFR part 648. The regulations require specifications 
for maximum sustainable yield, initial optimum yield, allowable 
biological catch, domestic annual harvest (DAH), domestic annual 
processing, joint venture processing, and total allowable levels of 
foreign fishing for the species managed under the Atlantic Mackerel, 
Squid, and Butterfish Fishery Management Plan (FMP). The procedures for 
setting the annual initial specifications are described in Sec.  
648.21.
    The 2010 specification of DAH for butterfish was set at 485 mt (75 
FR 5537, February 3, 2010).
    Section 648.22 requires NMFS to close the directed butterfish 
fishery in the EEZ when 80 percent of the total annual DAH has been 
harvested. If 80 percent of the butterfish DAH is projected to be 
landed prior to October 1, a 250-lb (0.11-mt) incidental butterfish 
possession limit is put in effect for the remainder of the year, and if 
80 percent of the butterfish DAH is projected to be landed on or after 
October 1, a 600-lb (0.27-mt) incidental butterfish possession limit is 
put in effect for the remainder of the year. NMFS is further required 
to notify, in advance of the closure, the Executive Directors of the 
Mid-Atlantic, New England, and South Atlantic Fishery Management 
Councils; mail notification of the closure to all holders of butterfish 
permits at least 72 hr before the effective date of the closure; 
provide adequate notice of the closure to recreational participants in 
the fishery; and publish notification of the closure in the Federal 
Register.
    The Administrator, Northeast Region, NMFS, based on dealer reports 
and other available information, has determined that 80 percent of the 
DAH for butterfish in 2010 fishing year will be harvested. Therefore, 
effective 0001 hours, August 24, 2010, the directed fishery for the 
butterfish fishery is closed and vessels issued Federal permits for 
butterfish may not retain or land more than 250 lb (0.11 mt) of 
butterfish per trip or calendar day. The directed fishery will reopen 
effective 0001 hours, January 1, 2011, when the 2011 DAH becomes 
available.

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 closes the butterfish fishery until 
January 1, 2011, under current regulations. The regulations at Sec.  
648.21 require such action to ensure that butterfish vessels do not 
exceed the 2010 TAC. Data indicating the butterfish fleet will have 
landed at least 80 percent of the 2010 TAC have only recently become 
available. If implementation of this closure if delayed to solicit 
prior public comment, the quota for this year will be exceeded, thereby 
undermining the conservation objectives of the FMP. 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.


[[Page 51684]]


    Dated: August 17, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-20866 Filed 8-18-10; 4:15 pm]
BILLING CODE 3510-22-S