Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1A, 66654-66655 [2011-27841]
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations
the exemption. If the notice granting an
exemption does not limit exemptive
relief to specific parties, all parties to
the exemption transaction may rely on
the exemption.
(d) For transactions that are
continuing in nature, an exemption
ceases to be effective if, during the
continuation of the transaction, there
are material changes to the original facts
and representations underlying such
exemption or if one or more of the
exemption’s conditions cease to be met.
(e) The determination as to whether,
under the totality of the facts and
circumstances, a particular statement
contained in (or omitted from) an
exemption application constitutes a
material fact or representation is made
by the Department.
December 27, 2011. Applications for
exemptions under section 408(a) of
ERISA, section 4975(c)(2) of the Code,
and/or 5 U.S.C. 8477(c)(3) filed on or
after September 10, 1990, but before
December 27, 2011 are governed by part
2570 of chapter XXV of title 29 of the
Code of Federal Regulations (title 29
CFR part 2570 as revised July 1, 1991).
*
*
*
*
*
Signed at Washington, DC, this 18th day of
October, 2011.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2011–27312 Filed 10–26–11; 8:45 am]
BILLING CODE 4510–29–P
§ 2570.50 Revocation or modification of
exemptions.
DEPARTMENT OF COMMERCE
(a) If, after an exemption takes effect,
changes in circumstances, including
changes in law or policy, occur which
call into question the continuing
validity of the Department’s original
findings concerning the exemption, the
Department may take steps to revoke or
modify the exemption.
(b) Before revoking or modifying an
exemption, the Department will publish
a notice of its proposed action in the
Federal Register and provide interested
persons with an opportunity to
comment on the proposed revocation or
modification. Prior to the publication of
such notice, the applicant will be
notified of the Department’s proposed
action and the reasons therefore.
Subsequent to the publication of the
notice, the applicant will have the
opportunity to comment on the
proposed revocation or modification.
(c) Ordinarily the revocation or
modification of an exemption will have
prospective effect only.
National Oceanic and Atmospheric
Administration
§ 2570.51
Public inspection and copies.
mstockstill on DSK4VPTVN1PROD with RULES
(a) The administrative record of each
exemption will be open to public
inspection and copying at the EBSA
Public Disclosure Room, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210.
(b) Upon request, the staff of the
Public Disclosure Room will furnish
photocopies of an administrative record,
or any specified portion of that record,
for a specified charge per page.
§ 2570.52
Effective date.
This subpart B is effective with
respect to all exemptions filed with or
initiated by the Department under
section 408(a) of ERISA, section
4975(c)(2) of the Code, and/or 5 U.S.C.
8477(c)(3) at any time on or after
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Jkt 226001
50 CFR Part 648
[Docket No. 0907301205–0289–02]
RIN 0648- XA764
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; SubACL (Annual Catch Limit) Harvested
for Management Area 1A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the directed
herring fishery in management area 1A,
because 95 percent of the catch limit for
that area has been caught. Effective 0001
hr, October 27, 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 1A (Area 1A) per calendar day
until January 1, 2012, when the 2012
allocation for Area 1A becomes
available.
SUMMARY:
Effective 0001 hr local time,
October 27, 2011, through December 31,
2011.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, (978) 675–2179.
SUPPLEMENTARY INFORMATION:
Regulations governing the herring
fishery are found at 50 CFR part 648.
The regulations require annual
specification of the overfishing limit,
acceptable biological catch, annual
catch limit (ACL), optimum yield,
domestic harvest and processing, U.S.
DATES:
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Fmt 4700
Sfmt 4700
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 subACL allocated to Area 1A is 26,546 mt,
and 0 mt of the sub-ACL is set aside for
research (75 FR 48874, August 12,
2010).
Section § 648.201 requires the
Administrator, Northeast Region, NMFS
(Regional Administrator), to monitor the
herring fishery in each of the four
management areas designated in the
Fishery Management Plan for the
herring fishery and, based on dealer
reports, state data, and other available
information, to determine when the
harvest of herring is projected to reach
95 percent of the management area subACL. When such a determination is
made, NMFS must publish notification
in the Federal Register and prohibit
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 1A with more
than 2,000 lb (907.2 kg) of herring on
board is allowed under the conditions
described below.
The Regional Administrator has
determined, based upon dealer reports
and other available information that 95
percent of the total herring sub-ACL
allocated to Area 1A for 2011 is
projected to be harvested. This
projection takes into consideration an
additional 3,000 mt that will be
allocated to Area 1A, effective
November 1, 2011 from an underharvest in the New Brunswick weir
fishery. Therefore, effective 0001 hr
local time, October 27, 2011, federally
permitted vessels may not fish for,
catch, possess, transfer, or land more
than 2,000 lb (907.2 kg) of herring in or
from Area 1A per calendar day through
December 31, 2011. Vessels may transit
through Area 1A with more than 2,000
lb (907.2 kg) of herring on board,
provided such herring was not caught in
Area 1A and provided all fishing gear
aboard is stowed and not available for
immediate use as required by
§ 648.23(b). Effective 0001 hr, October
27, 2011, federally permitted dealers are
also advised that they may not purchase
herring from federally permitted herring
vessels that harvest more than 2,000 lb
(907.2 kg) of herring from Area 1A
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.
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations
NMFS 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
herring fishery for Management Area 1A
until January 1, 2012, under current
regulations. The regulations at
§ 648.201(a) require such action to
ensure that herring vessels do not
exceed the 2011 sub-ACL allocated to
Area 1A. The herring fishery opened for
the 2011 fishing year on January 1,
2011. Data indicating the herring fleet
will have landed at least 95 percent of
the 2011 sub-ACL allocated to Area 1A
have only recently become available. If
implementation of this closure is
delayed to solicit prior public comment,
the sub-ACL for Area 1A for this fishing
year can be exceeded, thereby
undermining the conservation
objectives of the FMP. NMFS 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: October 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–27841 Filed 10–25–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126521–0640–02]
RIN 0648–XA794
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod and
Octopus in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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AGENCY:
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17:05 Oct 26, 2011
Jkt 226001
ACTION:
Temporary rule; closure.
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to limit incidental
catch of octopus by vessels using pot
gear to fish for Pacific cod the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 24, 2011, through
2400 hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
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.
The Magnuson-Stevens Fishery
Conservation and Management Act
requires that conservation and
management measures prevent
overfishing. The 2011 octopus
overfishing level in the BSAI is 528
metric tons (mt) and the acceptable
biological catch (ABC) is 396 mt as
established by the final 2011 and 2012
harvest specifications for groundfish in
the BSAI (76 FR 11139, March 1, 2011).
NMFS closed directed fishing for
octopus on January 13, 2011 (76 FR
3044, January 19, 2011) and prohibited
retention of octopus on September 1,
2011 (76 FR 55276, September 7, 2011).
As of October 15, 2011, approximately
530 mt of octopus has been harvested in
the BSAI. Vessels using pot gear have
significant incidental catch of octopus
and have taken the vast majority of
octopus in the BSAI. Substantial fishing
effort by vessels using pot gear is being
directed at remaining amounts of Pacific
cod in the BSAI. If vessels using pot
gear were allowed to continue fishing
for Pacific cod in the BSAI then further
SUMMARY:
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Fmt 4700
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66655
incidental catch of octopus would
occur.
The Regional Administrator has
determined, in accordance with
§ 679.20(d)(3), that prohibiting directed
fishing for Pacific cod by vessels using
pot gear in BSAI is necessary to prevent
further incidental catch of octopus by
the Pacific cod sector.
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, would delay
prohibiting directed fishing for Pacific
cod by vessels using pot gear in the
BSAI and allow further incidental catch
of octopus by the Pacific cod sector.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of October 20,
2011.
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 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–27848 Filed 10–24–11; 4:15 pm]
BILLING CODE 3510–22–P
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27OCR1
Agencies
[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66654-66655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27841]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301205-0289-02]
RIN 0648- XA764
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the directed herring fishery in management
area 1A, because 95 percent of the catch limit for that area has been
caught. Effective 0001 hr, October 27, 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 1A (Area 1A) per calendar day until January 1, 2012, when the 2012
allocation for Area 1A becomes available.
DATES: Effective 0001 hr local time, October 27, 2011, through December
31, 2011.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, (978) 675-2179.
SUPPLEMENTARY INFORMATION: Regulations governing the herring fishery
are found at 50 CFR part 648. The regulations require annual
specification of the overfishing limit, acceptable biological catch,
annual catch limit (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 1A is 26,546 mt, and 0 mt
of the sub-ACL is set aside for research (75 FR 48874, August 12,
2010).
Section Sec. 648.201 requires the Administrator, Northeast Region,
NMFS (Regional Administrator), to monitor the herring fishery in each
of the four management areas designated in the Fishery Management Plan
for the herring fishery and, based on dealer reports, state data, and
other available information, to determine when the harvest of herring
is projected to reach 95 percent of the management area sub-ACL. When
such a determination is made, NMFS must publish notification in the
Federal Register and prohibit 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 1A with more than 2,000 lb (907.2 kg) of herring on
board is allowed under the conditions described below.
The Regional Administrator has determined, based upon dealer
reports and other available information that 95 percent of the total
herring sub-ACL allocated to Area 1A for 2011 is projected to be
harvested. This projection takes into consideration an additional 3,000
mt that will be allocated to Area 1A, effective November 1, 2011 from
an under-harvest in the New Brunswick weir fishery. Therefore,
effective 0001 hr local time, October 27, 2011, federally permitted
vessels may not fish for, catch, possess, transfer, or land more than
2,000 lb (907.2 kg) of herring in or from Area 1A per calendar day
through December 31, 2011. Vessels may transit through Area 1A with
more than 2,000 lb (907.2 kg) of herring on board, provided such
herring was not caught in Area 1A and provided all fishing gear aboard
is stowed and not available for immediate use as required by Sec.
648.23(b). Effective 0001 hr, October 27, 2011, federally permitted
dealers are also advised that they may not purchase herring from
federally permitted herring vessels that harvest more than 2,000 lb
(907.2 kg) of herring from Area 1A 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.
[[Page 66655]]
NMFS 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 herring fishery
for Management Area 1A until January 1, 2012, under current
regulations. The regulations at Sec. 648.201(a) require such action to
ensure that herring vessels do not exceed the 2011 sub-ACL allocated to
Area 1A. The herring fishery opened for the 2011 fishing year on
January 1, 2011. Data indicating the herring fleet will have landed at
least 95 percent of the 2011 sub-ACL allocated to Area 1A have only
recently become available. If implementation of this closure is delayed
to solicit prior public comment, the sub-ACL for Area 1A for this
fishing year can be exceeded, thereby undermining the conservation
objectives of the FMP. NMFS 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: October 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-27841 Filed 10-25-11; 8:45 am]
BILLING CODE 3510-22-P