Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Correction to Cod Landing Limit for Handgear A Vessels in the Common Pool Fishery, 64955-64956 [2010-26504]

Download as PDF 64955 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations EPA-APPROVED MISSOURI REGULATIONS—Continued Missouri citation State effective date Title * * * EPA approval date * Explanation * * * Springfield—Chapter 2A—Air Pollution Control Standards Article I ........................... Definitions ............................. 12/04/08 Article II .......................... Administrative and Enforcement. Incinerators. ............................................... 12/04/08 10/21/10 [insert FR page number where the document begins]. ............................................... 12/04/08 ............................................... Article V .......................... * * * * * DEPARTMENT OF COMMERCE [FR Doc. 2010–24918 Filed 10–20–10; 8:45 am] National Oceanic and Atmospheric Administration BILLING CODE 6560–50–P 50 CFR Part 648 DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. 0910051338–0151–02] RIN 0648–XZ44 42 CFR Part 110 RIN 0906–AA83 Countermeasures Injury Compensation Program (CICP): Administrative Implementation; Interim Final Rule Correction In rule document 2010–25110 beginning on page 63656 in the issue of Friday, October 15, 2010, make the following corrections: 1. On page 63656, in the first column, in the DATES section, in the second and third lines, ‘‘Written one comments’’ should read ‘‘Written comments’’. 2. On the same page, in the same column, in the ADDRESSES section, in the fourth and fifth lines, ‘‘submit your comments in only of these ways’’ should read ‘‘submit your comments in only one of these ways’’. [FR Doc. C1–2010–25110 Filed 10–20–10; 8:45 am] jdjones on DSK8KYBLC1PROD with RULES BILLING CODE 1505–01–D VerDate Mar<15>2010 15:33 Oct 20, 2010 Jkt 223001 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Correction to Cod Landing Limit for Handgear A Vessels in the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment of landing limit. AGENCY: This action addresses an oversight in a previous inseason action and decreases the landing limit for cod to 50 lb (22.7 kg) per trip for NE multispecies limited access Handgear A (HA) permitted vessels fishing in the common pool fishery for the remainder of 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 is required by the regulations implementing Amendment 13, Amendment 16, and Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery Management Plan (FMP). DATES: Effective October 21, 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 HA vessels fishing SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Only Section 6–2 is approved by EPA. Only Sections 6–151, 155, 156, and 171 are approved by EPA. Only Sections 6–311 through 314 are approved by EPA. under common pool regulations at § 648.82(b)(6) state that ‘‘The [300 lb (136.1 kg)] cod trip limit shall be adjusted proportionally to the trip limit for [Gulf of Maine (GOM)] cod (rounded up to the nearest 50 lb (22.7 kg)), as specified in § 648.86(b)). An inseason action published in the Federal Register on September 27, 2010 (75 FR 59154), reduced the GOM cod trip limit for NE multispecies common pool vessels fishing under a day-at-sea (DAS) to 100 lb (45.4 kg) per DAS up to 1,000 lb (453.6 kg) per trip, from the original 800 lb (362.9 kg) per DAS up to 4,000 lb (1,814.4 kg) per trip limit, a 87.5 percent reduction. Therefore, the HA cod trip limit should have been reduced 87.5 percent from 300 lb (136.1 kg) to 37.5 lb (17.0 kg), and rounded up to 50 lb (22.7 kg)). The HA cod limit applies to both the GOM and Georges Bank (GB) stocks of cod. Additional details regarding the need to reduce the common pool GOM cod in order to decrease the likelihood of harvest exceeding the subcomponent of the annual catch limit (ACL) allocated to the common pool, and the authority of the Administrator, Northeast (NE) Region, NMFS (Regional Administrator) to take such action, are stated in the action published on September 27, 2010 (75 FR 59154), and are not repeated here. This action therefore, reduces the common pool cod trip limit for HA vessels to 50 lb (22.7 kg) from 100 lb (45.4 kg). Catch will be closely monitored through dealer-reported landings, vessel monitoring system (VMS) catch reports, and other available information. Further inseason adjustments to decrease the trip limit, or to increase differential DAS measures, may be considered, based on updated catch data and projections. Conversely, if the common pool sub-ACL is projected to be under-harvested by the end of FY 2010, in-season adjustments, E:\FR\FM\21OCR1.SGM 21OCR1 64956 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations such as increasing 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 at §§ 648.82(b)(6) require that the HA cod trip limit be adjusted proportionally to the trip limit for GOM cod. By an administrative error, the inseason action published on September 27, 2010, reduced the GOM cod trip limit but failed to address the required proper reduction to the HA cod trip limit. This action would correct this oversight by reducing the cod trip limit for NE multispieces HA vessels in the common pool fishery from 100 lb/trip to 50 lb/trip. It is important to take this action immediately due to the oversight in not effecting this trip limit reduction earlier and the concern that any delay in effectiveness would further disadvantage vessels subject to the lower trip limits implemented on September 27, 2010. Providing for prior notice and comment for this action are unnecessary because the action is nondiscretionary and NMFS could not adjust the measure based on comments received. The time necessary to provide delayed effectiveness would prevent NMFS from implementing the reduced trip limit in a timely manner and would increase the likelihood of exceeding the common pool sub-ACL. Attainment of any of the common pool sub-ACLs prior to the end of the FY on April 30, 2011, would result in accountability measures 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. jdjones on DSK8KYBLC1PROD with RULES Authority: 16 U.S.C. 1801 et seq. Dated: October 15, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–26504 Filed 10–18–10; 4:15 pm] BILLING CODE 3510–22–P VerDate Mar<15>2010 15:33 Oct 20, 2010 Jkt 223001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131362–0087–02] RIN 0648–XZ79 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 Pacific total allowable catch (TAC) apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 16, 2010, through 2400 hrs, A.l.t., December 31, 2010. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The 2010 Pacific cod TAC apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA is 3,678 metric tons (mt), as established by the final 2010 and 2011 harvest specifications for groundfish of the GOA (75 FR 11749, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the 2010 Pacific cod SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 9990 TAC apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,600 mt, and is setting aside the remaining 78 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA. 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 directed fishing closure of Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 13, 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: October 15, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–26505 Filed 10–18–10; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64955-64956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26504]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0151-02]
RIN 0648-XZ44


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Correction to Cod Landing Limit for Handgear A 
Vessels in the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment of landing limit.

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SUMMARY: This action addresses an oversight in a previous inseason 
action and decreases the landing limit for cod to 50 lb (22.7 kg) per 
trip for NE multispecies limited access Handgear A (HA) permitted 
vessels fishing in the common pool fishery for the remainder of 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 is required 
by the regulations implementing Amendment 13, Amendment 16, and 
Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery 
Management Plan (FMP).

DATES: Effective October 21, 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 HA vessels fishing under common pool regulations at Sec.  
648.82(b)(6) state that ``The [300 lb (136.1 kg)] cod trip limit shall 
be adjusted proportionally to the trip limit for [Gulf of Maine (GOM)] 
cod (rounded up to the nearest 50 lb (22.7 kg)), as specified in Sec.  
648.86(b)). An inseason action published in the Federal Register on 
September 27, 2010 (75 FR 59154), reduced the GOM cod trip limit for NE 
multispecies common pool vessels fishing under a day-at-sea (DAS) to 
100 lb (45.4 kg) per DAS up to 1,000 lb (453.6 kg) per trip, from the 
original 800 lb (362.9 kg) per DAS up to 4,000 lb (1,814.4 kg) per trip 
limit, a 87.5 percent reduction. Therefore, the HA cod trip limit 
should have been reduced 87.5 percent from 300 lb (136.1 kg) to 37.5 lb 
(17.0 kg), and rounded up to 50 lb (22.7 kg)). The HA cod limit applies 
to both the GOM and Georges Bank (GB) stocks of cod. Additional details 
regarding the need to reduce the common pool GOM cod in order to 
decrease the likelihood of harvest exceeding the subcomponent of the 
annual catch limit (ACL) allocated to the common pool, and the 
authority of the Administrator, Northeast (NE) Region, NMFS (Regional 
Administrator) to take such action, are stated in the action published 
on September 27, 2010 (75 FR 59154), and are not repeated here.
    This action therefore, reduces the common pool cod trip limit for 
HA vessels to 50 lb (22.7 kg) from 100 lb (45.4 kg). Catch will be 
closely monitored through dealer-reported landings, vessel monitoring 
system (VMS) catch reports, and other available information. Further 
inseason adjustments to decrease the trip limit, or to increase 
differential DAS measures, may be considered, based on updated catch 
data and projections. Conversely, if the common pool sub-ACL is 
projected to be under-harvested by the end of FY 2010, in-season 
adjustments,

[[Page 64956]]

such as increasing 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 at Sec. Sec.  648.82(b)(6) require 
that the HA cod trip limit be adjusted proportionally to the trip limit 
for GOM cod. By an administrative error, the inseason action published 
on September 27, 2010, reduced the GOM cod trip limit but failed to 
address the required proper reduction to the HA cod trip limit. This 
action would correct this oversight by reducing the cod trip limit for 
NE multispieces HA vessels in the common pool fishery from 100 lb/trip 
to 50 lb/trip.
    It is important to take this action immediately due to the 
oversight in not effecting this trip limit reduction earlier and the 
concern that any delay in effectiveness would further disadvantage 
vessels subject to the lower trip limits implemented on September 27, 
2010. Providing for prior notice and comment for this action are 
unnecessary because the action is non-discretionary and NMFS could not 
adjust the measure based on comments received. The time necessary to 
provide delayed effectiveness would prevent NMFS from implementing the 
reduced trip limit in a timely manner and would increase the likelihood 
of exceeding the common pool sub-ACL. Attainment of any of the common 
pool sub-ACLs prior to the end of the FY on April 30, 2011, would 
result in accountability measures 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.

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

    Dated: October 15, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-26504 Filed 10-18-10; 4:15 pm]
BILLING CODE 3510-22-P

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