[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61059-61060]
From the Federal Register Online via the Government Publishing 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