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]

Download as PDF 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]


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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.

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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