Hunting and Fishing, 60379 [2011-25199]
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations
a tariff containing rates and regulations
applicable to the portion or through
service it furnishes in conjunction with
another subject carrier.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FR Doc. 2011–25201 Filed 9–28–11; 8:45 am]
50 CFR Part 648
BILLING CODE 1505–01–D
[Docket No. 100903433–1531–02]
RIN 0648–BA22
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab;
Amendment 3
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
50 CFR Part 32
Hunting and Fishing
CFR Correction
In Title 50 of the Code of Federal
Regulations, Parts 18 to 199, revised as
of October 1, 2010, on page 448, in
§ 32.60, in the Ernest F. Hollings ACE
Basin National Wildlife Refuge,
reinstate paragraph D, to read as
follows:
§ 32.60
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South Carolina.
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Ernest F. Hollings ACE Basin National
Wildlife Refuge
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D. Sport Fishing. We allow fishing on
designated areas of the refuge in
accordance with State regulations
subject to the following conditions:
■ 1. We allow fishing in impounded
waters contained within dikes and
levees in the Beaufort County portion of
the refuge annually from April 1
through August 31 during daylight
hours. We close fishing during all
remaining times within all refugeimpounded waters.
■ 2. We prohibit boat use within refugeimpounded waters. We only allow bank
fishing.
■ 3. We only allow hook and line sport
fishing utilizing rod and reel or pole.
■ 4. We only open access into refuge
areas to fishing by foot or bicycle.
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[FR Doc. 2011–25199 Filed 9–28–11; 8:45 am]
BILLING CODE 1505–01–D
This final rule implements
measures that were approved in
Amendment 3 to the Atlantic Deep-Sea
Red Crab Fishery Management Plan
(FMP). The New England Fishery
Management Council (Council)
developed Amendment 3 to bring the
FMP into compliance with the annual
catch limit (ACL) and accountability
measure (AM) requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This rule
establishes the mechanisms for
specifying an ACL and AMs and sets the
total allowable landings (TAL) for red
crab for the 2011–2013 fishing years
(FY). NMFS disapproved two proposed
measures in Amendment 3. This final
rule implements additional management
measures to promote efficiency in the
red crab fishery.
DATES: This rule is effective September
29, 2011.
ADDRESSES: An environmental
assessment (EA) was prepared for
Amendment 3 that describes the
proposed action and other considered
alternatives, and provides a thorough
analysis of the impacts of the proposed
measures and alternatives. Copies of
Amendment 3, including the EA and the
Initial Regulatory Flexibility Analysis
(IRFA), are available on request from
Paul J. Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Newburyport, MA
01950. These documents are also
available online at https://
www.nefmc.org.
SUMMARY:
tkelley on DSKG8SOYB1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
This final rule implements approved
measures in Amendment 3, which was
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14:44 Sep 28, 2011
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60379
partially approved by NMFS on behalf
of the Secretary of Commerce
(Secretary). A proposed rule to
implement the measures in Amendment
3 published in the Federal Register on
July 6, 2011 (76 FR 39369), with public
comments accepted through August 5,
2011. Details concerning the
development of Amendment 3 were
contained in the preamble of the
proposed rule and are not repeated here.
A Notice of Availability (NOA) for
Amendment 3 was published in the
Federal Register on June 22, 2011 (76
FR 36511), with public comments
accepted through August 22, 2011.
Amendment 3 was initiated to bring
the Red Crab FMP into compliance with
the Magnuson-Stevens Act and establish
a framework for an ACL and AMs. Red
crab is a data-poor stock and, in the
absence of better scientific information,
the SSC recommended setting the
acceptable biological catch (ABC) equal
to the long-term (1974–2008) average
landings of the directed red crab fishery
(3.91 million lb; 1,774 mt). The SSC
determined that the results from the
December 2008 Data Poor Stocks
Working Group were an underestimate
of the maximum sustainable yield
(MSY) for red crab, but could not
determine by how much, so the SSC did
not recommend an estimate of MSY. As
a result, the MSY estimate in the FMP
was rejected, but a new estimate could
not be determined. Because the SSC
could not determine MSY, a new value
for optimum yield (OY) could not be
developed. The overfishing limit (OFL)
is an estimate of the catch level above
which overfishing is occurring, but
based on the available information, the
SSC determined that an OFL could not
be estimated for the red crab fishery at
this time. The SSC concluded that
scientific uncertainty is accounted for
by using the precautionary approach of
the status quo, so setting ACL equal to
ABC is appropriate. The SSC also
concluded that the undeterminable level
of discards associated with the longterm average landings is sustainable,
and that setting the TAL equal to ACL
is also appropriate.
Disapproved Measures
1. Modification to Trap Limit
Restrictions
Changing the trap limit regulations to
depth-based trap limits as proposed by
the Council would be unenforceable and
inconsistent with the policy of the
Magnuson-Stevens Act that the
management program be based on the
Federal capabilities in carrying out
enforcement (Magnuson-Stevens Act
section 2(c)(3)). Depth-based provisions
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29SER1
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[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Page 60379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25199]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
Hunting and Fishing
CFR Correction
In Title 50 of the Code of Federal Regulations, Parts 18 to 199,
revised as of October 1, 2010, on page 448, in Sec. 32.60, in the
Ernest F. Hollings ACE Basin National Wildlife Refuge, reinstate
paragraph D, to read as follows:
Sec. 32.60 South Carolina.
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Ernest F. Hollings ACE Basin National Wildlife Refuge
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0
D. Sport Fishing. We allow fishing on designated areas of the refuge in
accordance with State regulations subject to the following conditions:
0
1. We allow fishing in impounded waters contained within dikes and
levees in the Beaufort County portion of the refuge annually from April
1 through August 31 during daylight hours. We close fishing during all
remaining times within all refuge-impounded waters.
0
2. We prohibit boat use within refuge-impounded waters. We only allow
bank fishing.
0
3. We only allow hook and line sport fishing utilizing rod and reel or
pole.
0
4. We only open access into refuge areas to fishing by foot or bicycle.
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[FR Doc. 2011-25199 Filed 9-28-11; 8:45 am]
BILLING CODE 1505-01-D
