Fisheries of the Northeastern United States; Atlantic Herring Fishery; Temporary Removal of Herring Trip Limit in Atlantic Herring Management Area 3, 68657-68658 [2011-28767]
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations
9. In § 648.26, paragraph (a) is revised
to read as follows:
■
emcdonald on DSK5VPTVN1PROD with RULES
§ 648.26 Mackerel, squid, and butterfish
possession restrictions.
(a) Atlantic mackerel. (1) A vessel
must be issued a valid limited access
mackerel permit to fish for, possess, or
land more than 20,000 lb (9.08 mt) of
Atlantic mackerel from or in the EEZ
per trip, provided that the fishery has
not been closed because 90 percent of
the DAH has been harvested, as
specified in § 648.24(b)(1)(i).
(i) A vessel issued a Tier 1 Limited
Access Mackerel Permit is authorized to
fish for, possess, or land Atlantic
mackerel with no possession restriction
in the EEZ per trip, and may only land
Atlantic mackerel once on any calendar
day, which is defined as the 24-hr
period beginning at 0001 hours and
ending at 2400 hours, provided that the
fishery has not been closed because 90
percent of the DAH has been harvested,
as specified in § 648.24(b)(1)(i).
(ii) A vessel issued a Tier 2 Limited
Access Mackerel Permit is authorized to
fish for, possess, or land up to 135,000
lb (61.23 mt) of Atlantic mackerel in the
EEZ per trip, and may only land
Atlantic mackerel once on any calendar
day, which is defined as the 24-hr
period beginning at 0001 hours and
ending at 2400 hours, provided that the
fishery has not been closed because 90
percent of the DAH has been harvested,
as specified in § 648.24(b)(1)(i).
(iii) A vessel issued a Tier 3 Limited
Access Mackerel Permit is authorized to
fish for, possess, or land up to 100,000
lb (45.36 mt) of Atlantic mackerel in the
EEZ per trip, and may only land
Atlantic mackerel once on any calendar
day, which is defined as the 24-hr
period beginning at 0001 hours and
ending at 2400 hours, provided that the
fishery has not been closed because 90
percent of the Tier 3 allocation has been
harvested, or 90 percent of the DAH has
been harvested, as specified in
§ 648.22(b)(1)(i) and (ii).
(iv) A vessel issued an open access
mackerel permit may fish for, possess,
or land up to 20,000 lb (9.08 mt) of
Atlantic mackerel in the EEZ per trip,
and may only land Atlantic mackerel
once on any calendar day, which is
defined as the 24-hr period beginning at
0001 hours and ending at 2400 hours.
(v) Both vessels involved in a pair
trawl operation must be issued a valid
mackerel permits to fish for, possess, or
land Atlantic mackerel in the EEZ. Both
vessels must be issued the mackerel
permit appropriate for the amount of
mackerel jointly possessed by both of
the vessels participating in the pair
trawl operation.
VerDate Mar<15>2010
16:46 Nov 04, 2011
Jkt 226001
(2) Mackerel closure possession
restrictions. (i) Commercial mackerel
fishery. During a closure of the
commercial Atlantic mackerel fishery,
including closure of the Tier 3 fishery,
vessels issued a Limited Access
Mackerel Permit may not fish for,
possess, or land more than 20,000 lb
(9.08 mt) of Atlantic mackerel per trip
at any time, and may only land Atlantic
mackerel once on any calendar day,
which is defined as the 24-hr period
beginning at 0001 hours and ending at
2400 hours.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2011–28772 Filed 11–4–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907301205–0289–02]
RIN 0648–XA805
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Temporary Removal of Herring Trip
Limit in Atlantic Herring Management
Area 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
action.
AGENCY:
NMFS announces temporary
removal of the 2,000-lb (907.2 kg) trip
limit for the Atlantic herring fishery in
Management Area 3 because recent
catch data indicate that 95 percent of
the sub-annual catch limit in Area 3 has
not been fully attained. Vessels issued a
Federal Atlantic herring permit may
resume fishing for and landing herring,
in amounts greater than 2,000 lb (907.2kg), consistent with their Atlantic
herring permit category, effective 0001
hr, November 7, 2011, through 0001 hr,
November 10, 2011. At 0001 hr,
November 10, 2011, vessels will again
be prohibited from fishing for, catching,
possessing, transferring, or landing more
than 2,000 lb (907.2-kg) of Atlantic
herring per trip or calendar day.
DATES: Effective 0001 hr, November 7,
2011, through 0001 hr, November 10,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fishery Management
Specialist, (978) 675–2179.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
68657
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 subACL allocated to Area 3 is 38,146 mt,
and 0 mt of the sub-ACL is set aside for
research (75 FR 48874, August 12,
2010).
Section 648.201(a) requires NMFS to
monitor catch from the herring fishery
in each of the herring management
areas, using dealer reports, state data,
and other available information, to
determine when the catch of herring is
projected to reach 95 percent of the
management area sub-ACL. When such
a determination is made, NMFS is
required to prohibit, through
publication in the Federal Register,
herring vessel permit holders from
fishing for, catching, possessing,
transferring, or landing more than 2,000
lb (907.2-kg) of herring, per trip or
calendar day, in or from the specified
management area for the remainder of
the closure period. Transiting an area
closed to directed fishing with more
than 2,000 lb (907.2-kg) of herring on
board is allowed under the conditions
specified below.
Based upon information indicating
that 95 percent of the sub-ACL would be
reached by October 3, 2011, NMFS filed
a temporary rule effective October 3
through December 31, 2011, that
reduced the herring trip limit in Area 3
for all federally permitted herring
vessels to 2,000 lb (907.2-kg) per trip or
calendar day. The NMFS Northeast
Regional Administrator has since
determined, based upon the latest dealer
reports, data corrections, and other
available information, that the herring
fleet has not yet taken 95 percent of the
sub-ACL, and, as of November 2, 2011,
there is approximately 2,026 mt of
Atlantic herring quota still available in
Area 3. So that the herring fleet is able
to harvest closer to 95 percent of the
Area 3 sub-ACL, consistent with
applicable regulations and trip limits,
this action temporarily removes the
2,000 lb (907.2-kg) trip limit
implemented on October 3, 2011, and
restores the trip limits, if any, in effect
before October 3, 2011, until 0001 hr
November 10, 2011. Effective 0001 hr,
November 7, 2011, through 0001 hrs,
November 10, 2011, vessels issued an
All Areas or an Areas 2 and 3 Limited
Access Herring Permit are authorized to
E:\FR\FM\07NOR1.SGM
07NOR1
68658
Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations
emcdonald on DSK5VPTVN1PROD with RULES
fish for, possess, or land Atlantic
herring with no possession restrictions;
vessels issued a Limited Access
Incidental Catch Herring Permit are
authorized to fish for, possess, or land
up to 55,000 lb (25 mt); and vessels
issued an open access herring permit
may not fish for, possess, or land more
than 6,600 lb (3 mt) of Atlantic herring
in Area 3.
At 0001 hr November 10, 2011, all
federally permitted herring vessels will
again be prohibited from fishing for,
catching, possessing, transferring, or
landing more than 2,000 lb (907.2-kg) of
herring, per trip or calendar day, in or
from Area 3, through December 31,
2011. Vessels transiting Area 3 with
more than 2,000 lb (907.2-kg) of herring
on board may do so, provided such
herring was not caught in Area 3 and
that all fishing gear is stowed and not
available for immediate use, as required
by § 648.23(b).
Effective 0001 hr, November 7, 2011,
federally permitted dealers are advised
that they may purchase more than 2,000
lb (907.2-kg) of Atlantic herring caught
in Area 3 by federally permitted vessels
until 0001 hr November 10, 2011. At
0001 hrs November 10, 2011, federally
permitted dealers will again be
prohibited from purchasing herring
from federally permitted herring vessels
that harvest more than 2,000 lb (907.2kg) of herring from Area 3, through 2400
hr local time, December 31, 2011.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under E.O. 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
impracticable and contrary to the public
interest. This action temporarily
removes the 2,000-lb (907.2-kg) herring
trip limit in Area 3 from November 7
until November 10, 2011. As of 0001 hr
November 10, 2011, the Area 3 trip limit
will again be reduced to 2,000 lb (907.2kg) per trip or calendar day, through
December 31, 2011. The Atlantic herring
fishery opened for the 2011 fishing year
at 0001 hrs on January 1, 2011. The
Atlantic herring fleet was prohibited
from fishing for, catching, possessing,
transferring, or landing more than 2,000
lb (907.2 mt) per trip or calendar day on
October 3, 2011, based on projections
that 95 percent of the available Area 3
herring quota had been harvested. Catch
data indicating the Atlantic herring fleet
did not harvest the full amount of
available quota have only very recently
become available. If implementation of
VerDate Mar<15>2010
16:46 Nov 04, 2011
Jkt 226001
this temporary removal of the 2,000 lb
(907.2-kg) trip limit is delayed to solicit
prior public comment, the remaining
quota may not be fully harvested before
the end of the 2011 fishing year on
December 31. If public comment and the
30-day delayed effectiveness period is
allowed, this action may re-open the
directed herring fishery after the herring
have moved out of Area 3.
Given the seasonal nature of the
herring fishery, this would make this
action ineffective. The AA 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: November 2, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–28767 Filed 11–2–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BA01
[Docket No. 100804324–1265–02]
Fisheries Off West Coast States;
Pacific Coast Groundfish Harvest
Specifications and Management
Measures for the Remainder of the
2011 Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Agency determination.
AGENCY:
NMFS announces that the
provisions implemented in a final rule
published on May 11, 2011, pursuant to
NFMS’ emergency authority under the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) will remain in effect for the
remainder of the 2011 groundfish
fishery. The provisions included a new
rebuilding plan for petrale sole, revised
rebuilding plans for other overfished
species, and revised status
determination criteria, harvest
specifications and a precautionary
harvest control rule for assessed flatfish
species. This announcement is required
in order to maintain the current
rebuilding plans, harvest specifications
and harvest control rule for assessed
flatfish species.
DATES: Effective on November 7, 2011.
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Background information
and documents are available from
William W. Stelle, Jr., Regional
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; or by phone at
(206) 526–6150.
FOR FURTHER INFORMATION CONTACT:
Sarah Williams, (206) 526–4646; (fax)
(206) 526–6736;
Sarah.Williams@noaa.gov
ADDRESSES:
NMFS
published a final rule establishing
harvest specifications and management
measures for most species (75 FR 27508,
May 11, 2011), in part pursuant to
NMFS’ emergency authority under
section 305(c) of the MSA. Specifically,
that action amended 50 CFR part 660 to
establish new and revised rebuilding
plans, establish harvest specifications
consistent with those rebuilding plans
and new flatfish harvest proxies.
Further background information for that
action is provided in the preamble text
of the May 11, 2011, final rule and in
the supporting documents for that
action, and is not repeated here.
Opportunity for public comment on
the May 11, 2011, final rule was
provided. One comment was received
on that rule that was not relevant to the
emergency provisions.
Therefore, this document announces
the agency determination to continue
through December 31, 2011, the
measures set forth in the May 11, 2011,
rule at § 660.40 and Table 2a to part 660,
subpart C.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq. and 16
U.S.C. 7001 et seq.
Dated: November 2, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–28769 Filed 11–4–11; 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–XA812
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Bering Sea Subarea of the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\07NOR1.SGM
07NOR1
]]>Agencies
[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Rules and Regulations]
[Pages 68657-68658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28767]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301205-0289-02]
RIN 0648-XA805
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Temporary Removal of Herring Trip Limit in Atlantic Herring
Management Area 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason action.
-----------------------------------------------------------------------
SUMMARY: NMFS announces temporary removal of the 2,000-lb (907.2 kg)
trip limit for the Atlantic herring fishery in Management Area 3
because recent catch data indicate that 95 percent of the sub-annual
catch limit in Area 3 has not been fully attained. Vessels issued a
Federal Atlantic herring permit may resume fishing for and landing
herring, in amounts greater than 2,000 lb (907.2-kg), consistent with
their Atlantic herring permit category, effective 0001 hr, November 7,
2011, through 0001 hr, November 10, 2011. At 0001 hr, November 10,
2011, vessels will again be prohibited from fishing for, catching,
possessing, transferring, or landing more than 2,000 lb (907.2-kg) of
Atlantic herring per trip or calendar day.
DATES: Effective 0001 hr, November 7, 2011, through 0001 hr, November
10, 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 3 is 38,146 mt, and 0 mt
of the sub-ACL is set aside for research (75 FR 48874, August 12,
2010).
Section 648.201(a) requires NMFS to monitor catch from the herring
fishery in each of the herring management areas, using dealer reports,
state data, and other available information, to determine when the
catch of herring is projected to reach 95 percent of the management
area sub-ACL. When such a determination is made, NMFS is required to
prohibit, through publication in the Federal Register, herring vessel
permit holders from fishing for, catching, possessing, transferring, or
landing more than 2,000 lb (907.2-kg) of herring, per trip or calendar
day, in or from the specified management area for the remainder of the
closure period. Transiting an area closed to directed fishing with more
than 2,000 lb (907.2-kg) of herring on board is allowed under the
conditions specified below.
Based upon information indicating that 95 percent of the sub-ACL
would be reached by October 3, 2011, NMFS filed a temporary rule
effective October 3 through December 31, 2011, that reduced the herring
trip limit in Area 3 for all federally permitted herring vessels to
2,000 lb (907.2-kg) per trip or calendar day. The NMFS Northeast
Regional Administrator has since determined, based upon the latest
dealer reports, data corrections, and other available information, that
the herring fleet has not yet taken 95 percent of the sub-ACL, and, as
of November 2, 2011, there is approximately 2,026 mt of Atlantic
herring quota still available in Area 3. So that the herring fleet is
able to harvest closer to 95 percent of the Area 3 sub-ACL, consistent
with applicable regulations and trip limits, this action temporarily
removes the 2,000 lb (907.2-kg) trip limit implemented on October 3,
2011, and restores the trip limits, if any, in effect before October 3,
2011, until 0001 hr November 10, 2011. Effective 0001 hr, November 7,
2011, through 0001 hrs, November 10, 2011, vessels issued an All Areas
or an Areas 2 and 3 Limited Access Herring Permit are authorized to
[[Page 68658]]
fish for, possess, or land Atlantic herring with no possession
restrictions; vessels issued a Limited Access Incidental Catch Herring
Permit are authorized to fish for, possess, or land up to 55,000 lb (25
mt); and vessels issued an open access herring permit may not fish for,
possess, or land more than 6,600 lb (3 mt) of Atlantic herring in Area
3.
At 0001 hr November 10, 2011, all federally permitted herring
vessels will again be prohibited from fishing for, catching,
possessing, transferring, or landing more than 2,000 lb (907.2-kg) of
herring, per trip or calendar day, in or from Area 3, through December
31, 2011. Vessels transiting Area 3 with more than 2,000 lb (907.2-kg)
of herring on board may do so, provided such herring was not caught in
Area 3 and that all fishing gear is stowed and not available for
immediate use, as required by Sec. 648.23(b).
Effective 0001 hr, November 7, 2011, federally permitted dealers
are advised that they may purchase more than 2,000 lb (907.2-kg) of
Atlantic herring caught in Area 3 by federally permitted vessels until
0001 hr November 10, 2011. At 0001 hrs November 10, 2011, federally
permitted dealers will again be prohibited from purchasing herring from
federally permitted herring vessels that harvest more than 2,000 lb
(907.2-kg) of herring from Area 3, through 2400 hr local time, December
31, 2011.
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under E.O. 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 impracticable and
contrary to the public interest. This action temporarily removes the
2,000-lb (907.2-kg) herring trip limit in Area 3 from November 7 until
November 10, 2011. As of 0001 hr November 10, 2011, the Area 3 trip
limit will again be reduced to 2,000 lb (907.2-kg) per trip or calendar
day, through December 31, 2011. The Atlantic herring fishery opened for
the 2011 fishing year at 0001 hrs on January 1, 2011. The Atlantic
herring fleet was prohibited from fishing for, catching, possessing,
transferring, or landing more than 2,000 lb (907.2 mt) per trip or
calendar day on October 3, 2011, based on projections that 95 percent
of the available Area 3 herring quota had been harvested. Catch data
indicating the Atlantic herring fleet did not harvest the full amount
of available quota have only very recently become available. If
implementation of this temporary removal of the 2,000 lb (907.2-kg)
trip limit is delayed to solicit prior public comment, the remaining
quota may not be fully harvested before the end of the 2011 fishing
year on December 31. If public comment and the 30-day delayed
effectiveness period is allowed, this action may re-open the directed
herring fishery after the herring have moved out of Area 3.
Given the seasonal nature of the herring fishery, this would make
this action ineffective. The AA 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: November 2, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-28767 Filed 11-2-11; 4:15 pm]
BILLING CODE 3510-22-P
