Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1B, 61059-61060 [2011-25423]

Download as PDF Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations States Court of Appeals for the appropriate circuit by December 2, 2011. Filing a petition for reconsideration by the Administrator of these final rules does not affect the finality of these actions for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rules or actions. Parties with objections to these direct final rules are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today’s Federal Register, rather than file an immediate petition for judicial review of these direct final rules, so that EPA can withdraw these direct final rules and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 16, 2011. Keith Tekata, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(377)(i)(A)(5), (c)(378)(i)(C)(2), and (c)(389)(i)(B) to read as follows: ■ § 52.220 Identification of plan. erowe on DSK2VPTVN1PROD with RULES * * * * * (c) * * * (377) * * * (i) * * * (A) * * * (5) Rule 464, ‘‘Organic Chemical Manufacturing Operations,’’ adopted on September 25, 2008. * * * * * (378) * * * (i) * * * (C) * * * (2) Rule74.29, ‘‘Soil Decontamination Operations,’’ adopted on April 8, 2008. * * * * * VerDate Mar<15>2010 14:42 Sep 30, 2011 Jkt 226001 (389) * * * (i) * * * (B) Placer County Air Pollution Control. (1) Rule 243, ‘‘Polyester Resin Operations,’’ adopted on April 10, 2003. * * * * * [FR Doc. 2011–25284 Filed 9–30–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0907301205–0289–02] RIN 0648–XA413 Fisheries of the Northeastern United States; Atlantic Herring Fishery; SubACL (Annual Catch Limit) Harvested for Management Area 1B National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that, effective 0001 hr, October 1, 2011, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) in or from Management Area 1B (Area 1B) per calendar day until January 1, 2012, when the 2012 sub-ACL for Area 1B becomes available, except when transiting as described in this notice. This action is based on the determination that 95 percent of the Atlantic herring sub-ACL allocated to Area 1B for 2011 is projected to be harvested by October 1, 2011. DATES: Effective 0001 hr local time, October 1, 2011, through December 31, 2011. FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management Specialist, (978) 675–2179. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery are found at 50 CFR part 648. The regulations require annual specification of the overfishing limit, acceptable biological catch, ACL, optimum yield, domestic harvest and processing, U.S. at-sea processing, border transfer and sub-ACLs for each management area. The 2011 Domestic Annual Harvest is 91,200 metric tons (mt); the 2011 sub-ACL allocated to Area 1B is 4,362 mt and 0 mt of the subACL is set aside for research (75 FR 48874, August 12, 2010). SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 61059 The regulations at § 648.201 require the Administrator, Northeast Region, NMFS (Regional Administrator), to monitor the Atlantic herring fishery in each of the four management areas designated in the Fishery Management Plan (FMP) for the Atlantic herring fishery and, based upon dealer reports, state data, and other available information, to determine when the harvest of Atlantic herring is projected to reach 95 percent of the management area sub-ACL. When such a determination is made, NMFS is required to publish notification in the Federal Register and prohibit Atlantic herring vessel permit holders from fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of herring per calendar day in or from the specified management area for the remainder of the closure period. Transiting of Area 1B with more than 2,000 lb (907.2 kg) of herring on board is allowed under the conditions specified below. The Regional Administrator has determined, based upon dealer reports and other available information that 95 percent of the total Atlantic herring subACL allocated to Area 1B for FY 2011 is projected to be harvested. Therefore, effective 0001 hr local time, October 1, 2011, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1B per calendar day through December 31, 2011. Vessels transiting Area 1B with more than 2,000 lb (907.2 kg) of herring on board may land this amount, provided such herring was not caught in Area 1B and provided all fishing gear aboard is stowed and not available for immediate use as required by § 648.23(b). Effective October 1, 2011, federally permitted dealers are also advised that they may not purchase Atlantic herring from federally permitted Atlantic herring vessels that harvest more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1B through 2400 hr local time, December 31, 2011. 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 Atlantic herring fishery for Management Area 1B until January 1, 2012, under current regulations. The regulations at § 648.201(a) require such action to ensure that Atlantic herring E:\FR\FM\03OCR1.SGM 03OCR1 61060 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations vessels do not exceed the 2011 sub-ACL allocated to Area 1B. The Atlantic herring fishery opened for the 2011 fishing year on January 1, 2011. Data indicating the Atlantic herring fleet will have landed at least 95 percent of the 2011 sub-ACL allocated to Area 1B have only recently become available. If implementation of this closure is delayed to solicit prior public comment, the sub-ACL for Area 1B for this fishing 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. Dated: September 28, 2011. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–25423 Filed 9–29–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0910051338–0151–02] RIN 0648–XA732 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Correction to Cod Landing Limit for Handgear B 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: NMFS is decreasing the Gulf of Maine and Georges Bank cod landing limit to 50 lb (22.7 kg) and 25 lb (11.3 kg) per trip for Northeast multispecies open access Handgear B permitted vessels fishing in the common pool fishery for the remainder of the 2011 fishing year (through April 30, 2012). 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 the Northeast Multispecies Fishery Management Plan. DATES: Effective October 3, 2011, through April 30, 2012. FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:42 Sep 30, 2011 Jkt 226001 Specialist, (978) 675–2153, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing possession and landing limits for Handgear B (HB) vessels fishing under common pool regulations at § 648.88(a)(1) state that the HB cod trip limit for the Gulf of Maine (GOM) and Georges Bank (GB) shall be adjusted proportionally (rounded up to the nearest 25 lb (11.3 kg)) ‘‘if either the GOM or GB cod trip limit applicable to a vessel fishing under a Northeast (NE) multispecies day-at-sea (DAS) permit, as specified in § 648.86(b)(1) and (2), respectively, is adjusted by NMFS.’’ The initial GOM and GB cod trip limits for NE multispecies common pool vessels fishing under a day-at-sea (DAS) are set at 800 lb (362.9 kg) per DAS and 2,000 lb (907.2 kg) per DAS respectively. However, for fishing year (FY) 2011, Framework Adjustment 45 (FW 45) reduced the initial GOM cod trip limit to 500 lb (226.8 kg) per DAS from 800 lb (362.9 kg) per DAS (76 FR 23042; April 25, 2011). An inseason adjustment on May 24, 2011, increased the GB cod trip limit to 3,000 lb (1,360.8 kg) per DAS from 2,000 lb (907.2 kg) per DAS (76 FR 30035; May 24, 2011). A second inseason adjustment, on August 30, 2011, decreased the GOM cod trip limit to 350 lb (158.8 kg) per DAS and the GB cod trip limit to 300 lb (136.1 kg) per DAS (76 FR 53832, August 30, 2011). Due to an oversight, the HB trip limits for GOM and GB cod were not adjusted at the beginning of FY 2011 through the FW 45 final rule, at the time of the first inseason adjustment, or the most recent inseason adjustment. In the GOM, the current 350 lb (158.8 kg) per DAS landing limit represents a 56.3-percent reduction from the initial 800 lb (362.9 kg) per DAS limit. Therefore, the landing limit for HB vessels for GOM cod is reduced to 50 lb (22.7 kg) per trip (75 lb (34.0 kg) per trip reduced by 56.3 percent = 32.8 lb (14.9 kg) per trip, rounded up to 50 lb (22.7 kg) per trip). On GB, the current 300 lb (136.1 kg) per DAS landing limit represents an 85-percent reduction from the initial 2,000 lb (907.2 kg) per DAS limit. Therefore, the landing limit for HB vessels for GB cod is reduced to 25 lb (11.3 kg) per trip (75 lb (34.0 kg) per trip reduced by 85.0 percent = 11.3 lb (5.1 kg) per trip, rounded up to 25 lb (11.3 kg) per trip). To correct the oversights in the previous actions, NMFS is reducing the trip limit for GOM cod to 50 lb (22.7 kg) per trip and GB cod to 25 lb (11.3 kg) per trip for NE multispecies HB permitted vessels in the common pool fishery for the PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 remainder of FY 2011 (through April 30, 2012). Catch will be closely monitored through dealer-reported landings, vessel monitoring system (VMS) catch reports, and other available information. NMFS may consider future inseason adjustments to decrease the trip limit, or to increase differential DAS measures, based on updated catch data and projections. Conversely, if the common pool sub-annual catch limit (ACL) is projected to be under-harvested by the end of FY 2011, NMFS will consider inseason adjustments, such as increasing the trip limit for the remainder of FY 2011. Classification This action is authorized 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)(3)(B) to waive prior notice and the opportunity for public comment for this inseason adjustment because notice and comment would be impracticable and contrary to the public interest. The regulations at § 648.86(o) grant the RA authority to adjust the NE multispecies trip limits for common pool vessels in order to prevent the overharvest or underharvest of the pertinent common pool subACLs. This action decreases the trip limits for GOM and GB cod to reduce their harvest in order to prevent the common pool sub-ACLs from being exceeded. The time necessary to provide for prior notice and comment would prevent NMFS from implementing the necessary trip limit adjustments in a timely manner. A resulting delay in the reduction of trip limits would allow for continued higher catch rates and potentially allow the pertinent common pool sub-ACLs to be exceeded. This is contrary to NMFS’s obligation under the Magnuson-Stevens Act to prevent overfishing. Further, if the sub-ACLs are exceeded, this would trigger the implementation of accountability measures that would have negative economic impacts on the participants in the common pool. Giving effect to this rule as soon as possible will prevent these unnecessary impacts. Further, the AA finds good cause pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this action. This action decreases the trip limits for GOM and GB cod to reduce their harvest in order to prevent the common pool sub-ACLs from being exceeded. A delay in the reduction of trip limits would allow for continued higher catch rates and potentially allow the pertinent common pool sub-ACLs to E:\FR\FM\03OCR1.SGM 03OCR1

Agencies

[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61059-61060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25423]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA413


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1B

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, effective 0001 hr, October 1, 2011, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) in 
or from Management Area 1B (Area 1B) per calendar day until January 1, 
2012, when the 2012 sub-ACL for Area 1B becomes available, except when 
transiting as described in this notice. This action is based on the 
determination that 95 percent of the Atlantic herring sub-ACL allocated 
to Area 1B for 2011 is projected to be harvested by October 1, 2011.

DATES: Effective 0001 hr local time, October 1, 2011, through December 
31, 2011.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, (978) 675-2179.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of the overfishing limit, acceptable biological catch, 
ACL, optimum yield, domestic harvest and processing, U.S. at-sea 
processing, border transfer and sub-ACLs for each management area. The 
2011 Domestic Annual Harvest is 91,200 metric tons (mt); the 2011 sub-
ACL allocated to Area 1B is 4,362 mt and 0 mt of the sub-ACL is set 
aside for research (75 FR 48874, August 12, 2010).
    The regulations at Sec.  648.201 require the Administrator, 
Northeast Region, NMFS (Regional Administrator), to monitor the 
Atlantic herring fishery in each of the four management areas 
designated in the Fishery Management Plan (FMP) for the Atlantic 
herring fishery and, based upon dealer reports, state data, and other 
available information, to determine when the harvest of Atlantic 
herring is projected to reach 95 percent of the management area sub-
ACL. When such a determination is made, NMFS is required to publish 
notification in the Federal Register and prohibit Atlantic herring 
vessel permit holders from fishing for, catching, possessing, 
transferring, or landing more than 2,000 lb (907.2 kg) of herring per 
calendar day in or from the specified management area for the remainder 
of the closure period. Transiting of Area 1B with more than 2,000 lb 
(907.2 kg) of herring on board is allowed under the conditions 
specified below.
    The Regional Administrator has determined, based upon dealer 
reports and other available information that 95 percent of the total 
Atlantic herring sub-ACL allocated to Area 1B for FY 2011 is projected 
to be harvested. Therefore, effective 0001 hr local time, October 1, 
2011, federally permitted vessels may not fish for, catch, possess, 
transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring in 
or from Area 1B per calendar day through December 31, 2011. Vessels 
transiting Area 1B with more than 2,000 lb (907.2 kg) of herring on 
board may land this amount, provided such herring was not caught in 
Area 1B and provided all fishing gear aboard is stowed and not 
available for immediate use as required by Sec.  648.23(b). Effective 
October 1, 2011, federally permitted dealers are also advised that they 
may not purchase Atlantic herring from federally permitted Atlantic 
herring vessels that harvest more than 2,000 lb (907.2 kg) of Atlantic 
herring from Area 1B through 2400 hr local time, December 31, 2011.

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 Atlantic herring fishery for 
Management Area 1B until January 1, 2012, under current regulations. 
The regulations at Sec.  648.201(a) require such action to ensure that 
Atlantic herring

[[Page 61060]]

vessels do not exceed the 2011 sub-ACL allocated to Area 1B. The 
Atlantic herring fishery opened for the 2011 fishing year on January 1, 
2011. Data indicating the Atlantic herring fleet will have landed at 
least 95 percent of the 2011 sub-ACL allocated to Area 1B have only 
recently become available. If implementation of this closure is delayed 
to solicit prior public comment, the sub-ACL for Area 1B for this 
fishing 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.

    Dated: September 28, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-25423 Filed 9-29-11; 8:45 am]
BILLING CODE 3510-22-P