Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 3, 61061 [2011-25424]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Page 61061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25424]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA649


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 announces that, effective 0001 hr, October 3, 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 3 (Area 3) per calendar day until January 1, 
2012, when the 2012 sub-ACL (annual catch limit) for Area 3 becomes 
available, except when transiting as described in this notice. This 
action is based on the determination that 95 percent of the herring 
sub-ACL allocated to Area 3 for 2011 is projected to be harvested by 
October 3, 2011.

DATES: Effective 0001 hr local time, October 3, 2011, through December 
31, 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).
    The regulations at Sec.  648.201 require 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 upon 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 is required to 
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 
calendar day in or from the specified management area for the remainder 
of the closure period. Transiting of Area 3 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 
herring sub-ACL allocated to Area 3 for 2011 is projected to be 
harvested. Therefore, effective 0001 hr local time, October 3, 2011, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of herring in or from Area 3 per 
calendar day through December 31, 2011. 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 required by 
Sec.  648.23(b). Effective October 3, 2011, 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, 2011.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS 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 herring fishery 
for Management Area 3 until January 1, 2012, under current regulations. 
The regulations at Sec.  648.201(a) require such action to ensure that 
herring vessels do not exceed the 2011 sub-ACL allocated to Area 3. The 
herring fishery opened for the 2011 fishing year on January 1, 2011. 
Data indicating the herring fleet will have landed at least 95 percent 
of the 2011 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. 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: September 28, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-25424 Filed 9-29-11; 8:45 am]
BILLING CODE 3510-22-P