Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-Annual Catch Limit (ACL) Harvested for Management Area 1B, 10977 [2012-4356]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Page 10977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4356]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA971


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Sub-Annual Catch Limit (ACL) 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, February 24, 2012, 
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 
Management Area 1B per calendar day until January 1, 2013, when the 
2013 sub-ACL for Area 1B becomes available, except when transiting as 
described in this notice. This action is based on the determination 
that the revised Atlantic herring sub-ACL limit allocated to Area 1B 
for 2012 has been exceeded as of February 24, 2012.

DATES: Effective 0001 hr local time, February 24, 2012, through 
December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, (978) 675-2179.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
(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 
2012 Domestic Annual Harvest was set as 91,200 metric tons (mt); the 
sub-ACL allocated to Area 1B for the 2012 fishing year (FY) was 4,362 
mt and 0 mt of the sub-ACL was set aside for research in the 2010-2012 
specifications (75 FR 48874, August 12, 2010). However, due to an over-
harvest in Area 1B in 2010, the FY 2012 sub-ACL in Area 1B was revised 
to 2,723 mt through a final rule published concurrent with this action.
    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 (FMP) for the 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 
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 the revised herring sub-
ACL allocated to Area 1B for FY 2012 has been exceeded. As of February 
15, 2012, herring harvest in Area 1B was 74-percent of the FY 2012 Area 
1B sub-ACL. However, due to an over-harvest in Area 1B in FY 2010, a 
reduction to the sub-ACL in Area 1B from 4,362 mt to 2,723 mt was 
implemented in a final rule to adjust the FY 2012 herring ACL published 
elsewhere in this issue. As of February 15, 2012, herring harvest is 
Area 1B was 118-percent of the revised 2012 Area 1B sub-ACL. Therefore, 
this action reducing the herring possession limit in Area 1B is 
published concurrently with final rule implementing the revised FY 2012 
herring sub-ACLs in Area 1B and 1A to minimize any further harvest of 
herring from Area 1B.
    Effective 0001 hr local time, February 24, 2012, 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 1B per 
calendar day through December 31, 2012. 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 February 24, 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 1B 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 Atlantic 
herring fishery for Management Area 1B until January 1, 2013, under 
current regulations. The regulations at Sec.  648.201(a) require such 
action to ensure that Atlantic herring vessels do not exceed the 2012 
sub-ACL allocated to Area 1B. The Atlantic herring fishery opened for 
the 2012 fishing year on January 1, 2012. However, due to an over-
harvest in Area 1B in FY 2010, a reduction to the sub-ACL in Area 1B 
from 4,362 mt to 2,723 mt was implemented in a final rule published 
elsewhere in this issue. As of February 15, 2012, herring harvest is 
Area 1B was 118-percent of the revised 2012 Area 1B sub-ACL. Therefore, 
this action reducing the herring possession limit in Area 1B will be 
published concurrent with a final rule implementing the revised FY 2012 
herring sub-ACLs in Area 1B and 1A to minimize any further harvest of 
herring from Area 1B.
    Because herring catch in Area 1B has already exceeded 95 percent of 
the revised 2012 sub-ACL (2,587 mt), triggering the need to implement a 
2,000-lb (907.2-kg) possession limit in that area, if implementation is 
delayed to solicit prior public comment, then it will likely cause 
catch to further exceed the reduced Area 1B sub-ACL. Due to the high 
volume nature of the herring fishery, and the amount of herring already 
caught in Area1B for FY 2012, if implementation of this action is 
delayed, the reduced FY 2012 sub-ACL for Area 1B could be exceeded by a 
large amount. Any delay in this action's effectiveness would therefore, 
be contrary to the conservation objectives of the MSA and the Herring 
FMP.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 21, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-4356 Filed 2-21-12; 4:15 pm]
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