[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65971-65972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27593]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301205-0289-02]
RIN 0648-XA767
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustment to the Atlantic Herring Management Area 1A Sub-
Annual Catch Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
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SUMMARY: NMFS adjusts the 2011 Fishing Year sub-annual catch limit for
Atlantic Herring Management Area 1A due to an under-harvest in the New
Brunswick weir fishery. This action complies with the 2010-2012
specifications and management measures for the Atlantic Herring Fishery
Management Plan.
DATES: Effective November 1, 2011, through December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, Fax 978-281-9135.
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
(ABC), annual catch limit (ACL), optimum yield (OY), 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). Due to the variability of Canadian catch in the New
Brunswick weir fishery, a portion of the buffer between ABC and OY (the
buffer to account for Canadian catch) is allocated to Area 1A, provided
New Brunswick weir landings are lower than the amount specified in the
buffer.
The NMFS Regional Administrator is required to monitor the fishery
landings in the New Brunswick weir fishery each year. If the New
Brunswick weir fishery landings through October 15 are less than 9,000
mt, then 3,000 mt of the weir fishery allocation is added to the Area
1A sub-ACL in November of the same
[[Page 65972]]
year. When such a determination is made, NMFS is required to publish a
notification in the Federal Register to adjust the Area 1A sub-ACL for
the remainder of the fishing year (FY).
The Regional Administrator has determined, based on the best
available information, that the New Brunswick weir fishery landings for
FY 2011 through October 15, 2011, were 3,601 mt. Therefore, effective
November 1, 2011, 3,000 mt will be allocated to the Area 1A sub-ACL,
increasing the FY 2011 Area 1A sub-ACL from 26,546 mt to 29,546 mt.
This allocation of 3,000 mt to Area 1A will be taken into consideration
when NMFS projects that catch will reach 95 percent of the Area 1A sub-
ACL.
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 is impracticable and contrary
to the public interest. This action increases the sub-ACL for Area 1A
by 3,000 mt (from 26,546 mt to 29,546 mt) through December 31, 2011.
The regulations at Sec. 648.201(f) require such action to help
mitigate some of the negative economic effects associated with the
recent reduction in the Area 1A sub-ACL (40 percent less than in 2009).
The herring fishery extends from January 1 to December 31. Data
indicate the New Brunswick weir fishery landed 3,601 mt through October
15, 2011. There is a limited amount of time between October 15 (when
the New Brunswick weir fishery slows for the year) and the end of the
U.S. herring fishing year on December 31. If implementation of this
Area 1A sub-ACL increase is delayed to solicit prior public comment,
the increase may not be effective prior to the end of the 2011 fishing
year and the 3,000 mt allocation would not be available for harvest.
Additionally, the availability of herring in Area 1A is seasonal. As
the end of the fishing year approaches, herring can disperse or move
out of Area 1A, and/or the approach of winter weather can hinder
fishery access to herring in Area 1A. The best available information
indicates that current catch is close to 95 percent of the Area 1A sub-
ACL. If implementation of this increase is delayed to solicit prior
public comment, herring may no longer be available to the fishery for
harvest in Area 1A, thereby undermining the intended economic benefits
associated with this action. 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 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-27593 Filed 10-24-11; 8:45 am]
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