Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2011, 65580 [2010-27076]
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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Rules and Regulations
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico (Gulf) only, dolphin and
bluefish) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On April 27, 2000, NMFS
implemented the final rule (65 FR
16336, March 28, 2000) that divided the
Florida west coast subzone of the Gulf
of Mexico eastern zone into northern
and southern subzones, and established
their separate commercial quotas. The
northern Florida west coast subzone is
located in Federal waters of the Gulf
north of 26°19.8′ N lat. (a line directly
west from the Lee/Collier County, FL
boundary) and east of 87°31.1′ W long.
(a line directly south from the Alabama/
Florida boundary). The quota for the
northern subzone is 168,750 lb (76,544
kg) (50 CFR 622.42(c)(1)(ii)).
In accordance with 50 CFR
622.44(a)(2)(ii)(B)(2), from the date that
75 percent of the northern Florida west
coast subzone’s quota has been
harvested until a closure of the subzone
has been effected or the fishing year
ends, king mackerel in or from the EEZ
may be possessed on board or landed
from a permitted vessel in amounts not
exceeding 500 lb (227 kg) per day.
NMFS has determined that 75 percent
of the quota for Gulf group king
mackerel from the northern Florida west
coast subzone has been reached.
Accordingly, a 500-lb (227-kg) trip limit
applies to vessels harvesting
commercial quantities of king mackerel
in or from the EEZ in the northern
Florida west coast subzone effective
12:01 a.m., local time, October 26, 2010.
The 500-lb (227-kg) trip limit will
remain in effect until the northern
Florida west coast subzone closes or
until the end of the current fishing year
(June 30, 2011), whichever occurs first.
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SUPPLEMENTARY INFORMATION:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds the need to immediately
implement this commercial trip limit
reduction constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
VerDate Mar<15>2010
14:00 Oct 25, 2010
Jkt 223001
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such
procedures would be unnecessary and
contrary to the public interest. Such
procedures would be unnecessary
because the rule itself already has been
subject to notice and comment, and all
that remains is to notify the public of
the trip limit reduction.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the fishery
resource because the capacity of the
commercial fleet allows for rapid
harvest of the quota. Prior notice and
opportunity for public comment would
require time and potentially result in a
harvest well in excess of the established
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–27081 Filed 10–21–10; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 900124–0127]
RIN 0648–XZ16
Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean
Quahog Fisheries; Suspension of
Minimum Atlantic Surfclam Size Limit
for Fishing Year 2011
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; suspension of
the Atlantic surfclam minimum size
limit.
AGENCY:
NMFS suspends the
minimum size limit for Atlantic
surfclams for the 2011 fishing year. This
action is taken under the authority of
the implementing regulations for this
fishery, which allow for the annual
suspension of the minimum size limit
based upon set criteria. The intended
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 9990
effect is to relieve the industry from a
regulatory burden that is not necessary,
as the majority of surfclams harvested
are larger than the minimum size limit.
DATES: Effective January 1, 2011,
through December 31, 2011.
ADDRESSES: Written inquiries may be
sent to: Regional Administrator,
National Marine Fisheries Service,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930–
2298.
FOR FURTHER INFORMATION CONTACT:
Anna Macan, Fishery Management
Specialist, (978) 281–9165; fax (978)
281–9135.
SUPPLEMENTARY INFORMATION: Section
648.72(c) of the regulations
implementing the Fishery Management
Plan (FMP) for the Atlantic Surfclam
and Ocean Quahog Fisheries authorizes
the Administrator, Northeast Region,
NMFS (Regional Administrator), to
suspend annually, by publication of a
notification in the Federal Register, the
minimum size limit for Atlantic
surfclams. This action may be taken
unless discard, catch, and biological
sampling data indicate that 30 percent
of the Atlantic surfclam resource is
smaller than 4.75 inches (120 mm) and
the overall reduced size is not
attributable to harvest from beds where
growth of the individual clams has been
reduced because of density-dependent
factors.
At its June 2010 meeting, the MidAtlantic Fishery Management Council
voted to recommend that the Regional
Administrator suspend the minimum
size limit for the 2011 fishing year.
Commercial surfclam data for 2010 were
analyzed to determine the percentage of
surfclams that were smaller than the
minimum size requirement. The
analysis indicated that 8.10 percent of
the overall commercial landings were
composed of surfclams that were less
than 4.75 inches (120 mm). Based on
these data, the Regional Administrator
adopts the Council’s recommendation
and suspends the minimum size limit
for Atlantic surfclams from January 1
through December 31, 2011.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–27076 Filed 10–25–10; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Rules and Regulations]
[Page 65580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27076]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 900124-0127]
RIN 0648-XZ16
Fisheries of the Northeastern United States; Atlantic Surfclam
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam
Size Limit for Fishing Year 2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; suspension of the Atlantic surfclam minimum
size limit.
-----------------------------------------------------------------------
SUMMARY: NMFS suspends the minimum size limit for Atlantic surfclams
for the 2011 fishing year. This action is taken under the authority of
the implementing regulations for this fishery, which allow for the
annual suspension of the minimum size limit based upon set criteria.
The intended effect is to relieve the industry from a regulatory burden
that is not necessary, as the majority of surfclams harvested are
larger than the minimum size limit.
DATES: Effective January 1, 2011, through December 31, 2011.
ADDRESSES: Written inquiries may be sent to: Regional Administrator,
National Marine Fisheries Service, Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management
Specialist, (978) 281-9165; fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations
implementing the Fishery Management Plan (FMP) for the Atlantic
Surfclam and Ocean Quahog Fisheries authorizes the Administrator,
Northeast Region, NMFS (Regional Administrator), to suspend annually,
by publication of a notification in the Federal Register, the minimum
size limit for Atlantic surfclams. This action may be taken unless
discard, catch, and biological sampling data indicate that 30 percent
of the Atlantic surfclam resource is smaller than 4.75 inches (120 mm)
and the overall reduced size is not attributable to harvest from beds
where growth of the individual clams has been reduced because of
density-dependent factors.
At its June 2010 meeting, the Mid-Atlantic Fishery Management
Council voted to recommend that the Regional Administrator suspend the
minimum size limit for the 2011 fishing year. Commercial surfclam data
for 2010 were analyzed to determine the percentage of surfclams that
were smaller than the minimum size requirement. The analysis indicated
that 8.10 percent of the overall commercial landings were composed of
surfclams that were less than 4.75 inches (120 mm). Based on these
data, the Regional Administrator adopts the Council's recommendation
and suspends the minimum size limit for Atlantic surfclams from January
1 through December 31, 2011.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-27076 Filed 10-25-10; 8:45 am]
BILLING CODE 3510-22-P
