[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61299-61300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24793]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301205-0289-02]
RIN 0648-XC157
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is closing the directed herring fishery in Management
Area 3, because 95 percent of the catch limit for that area has been
caught. Effective 0001 hr, October 7, 2012, federally permitted vessels
may not fish for, catch, possess, transfer, or land more than 2,000 lb
(907.2 kg) per calendar day of Atlantic herring in or from Area 3 until
January 1, 2013, when the 2013 allocation for Area 3 becomes available.
DATES: Effective 0001 hr local time, October 7, 2012, through December
31, 2012.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, (978) 675-2079.
SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring
(herring) fishery are found at 50 CFR part 648. The regulations require
annual specification of the overfishing
[[Page 61300]]
limit, acceptable biological catch, annual catch limit (ACL), optimum
yield, domestic harvest and processing, U.S. at-sea processing, border
transfer, and the sub-ACL for each management area. The 2012 Domestic
Annual Harvest was set as 91,200 metric tons (mt); the sub-ACL
allocated to Area 3 for the 2012 fishing year (FY) was 38,146 mt, and 0
mt of the sub-ACL was set aside for research in the 2010-2012
specifications (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 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 trip or landing more than once per calendar
day in or from the specified management area for the remainder of the
closure period. Transiting Area 3 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 on dealer reports
and other available information that 95 percent of the total herring
sub-ACL allocated to Area 3 for 2012 is projected to be harvested on
October 7, 2012. Therefore, effective 0001 hr local time, October 7,
2012, federally permitted vessels may not fish for, catch, possess,
transfer, or land more than 2,000 lb (907.2 kg) of herring per trip
(and landing herring no more than once per calendar day) in or from
Area 3 through December 31, 2012. Vessels may transit through Area 3
with more than 2,000 lb (907.2 kg) of herring on board, provided such
herring was not caught in Area 3 and provided all fishing gear aboard
is stowed and not available for immediate use as stated in Sec.
648.23(b). Effective 0001 hr, October 7, 2012, 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 3 through 2400 hr local time, December
31, 2012.
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 impracticable and
contrary to the public interest. This action closes the herring fishery
for Management Area 3 until January 1, 2013, under current regulations.
The regulations at Sec. 648.201(a) require such action to ensure that
herring vessels do not exceed the 2012 sub-ACL allocated to Area 3. The
herring fishery opened for the 2012 fishing year on January 1, 2012.
Data indicating the herring fleet will have landed at least 95 percent
of the 2012 sub-ACL allocated to Area 3 have only recently become
available. If implementation of this closure is delayed to solicit
prior public comment, the sub-ACL for Area 3 for this fishing year can
be exceeded, thereby undermining the conservation objectives of the FMP
and requiring any excess to be subtracted from the Area 3 sub-ACL for
the fishing year following the total catch determination. 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: October 3, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-24793 Filed 10-3-12; 4:15 pm]
BILLING CODE 3510-22-P