Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 3, 61299-61300 [2012-24793]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
because golden tilefish is not
overfished.
wreier-aviles on DSK5TPTVN1PROD with RULES
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
the reopening of the commercial sector
for golden tilefish in the South Atlantic
EEZ, as notice and comment would be
unnecessary and contrary to the public
interest. Providing prior notice and the
opportunity for public comment is
unnecessary because the increased
commercial and recreational ACLs for
golden tilefish were subject to notice
and comment as part of the proposed
rule for Regulatory Amendment 12 (77
FR 42688); therefore, this waiver only
covers the portion of the final rule that
informs the public that additional
commercial harvest is available and that
the commercial sector will reopen. In
addition, delaying implementation of
this rulemaking to provide for prior
notice and public comment is contrary
to the public interest because it would
reduce the likelihood of reopening the
commercial sector for golden tilefish in
the early fall months, when weather
conditions are more favorable and
fishing conditions are safer. Delaying
the reopening to allow for public
comment would therefore endanger the
health and safety of the fishing fleets
without providing any benefits to the
public.
Three provisions in this final rule are
exempt from the requirement to delay
the effectiveness of a final rule by 30
days after publication in the Federal
Register, under 5 U.S.C. 553(d)(1).
Specifically, the following provisions
relieve restrictions on the regulated
community: The increases in the
commercial and recreational ACLs for
golden tilefish set forth in § 622.42(e)(2)
and § 622.49(b)(1)(ii), and the reopening
of the commercial sector to allow for the
harvest of the new commercial ACL and
achievement of OY. However, the
recreational ACL is contained in the
same paragraph in the regulations as the
recreational AMs for golden tilefish. The
provisions that implement the in-season
AM and revise the post-season AM for
the recreational sector for golden tilefish
do not relieve a restriction and are
therefore subject to the 30-day delay in
effectiveness. Further, because the
increased recreational ACL has already
been reached, and the recreational
sector will not reopen, the increased
recreational ACL does not need to be
effective immediately. Therefore, the
paragraph in the regulations containing
both the recreational ACL and AMs for
golden tilefish, § 622.49(b)(1)(ii), will be
VerDate Mar<15>2010
15:00 Oct 05, 2012
Jkt 229001
effective 30 days after publication of
this final rule.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as small entity compliance
guides. As part of the rulemaking
process, NMFS prepared a fishery
bulletin, which also serves as a small
entity compliance guide. The fishery
bulletin will be sent to all vessel permit
holders in the South Atlantic snappergrouper fishery.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.42, paragraph (e)(2) is
revised to read as follows:
■
§ 622.42
Quotas.
*
*
*
*
*
(e) * * *
(2) Golden tilefish—541,295 lb
(245,527 kg).
*
*
*
*
*
■ 3. In § 622.49, the section heading is
revised, and paragraphs (b)(1)(i) and
(b)(1)(ii) are revised to read as follows:
§ 622.49 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(b) * * *
(1) * * *
(i) Commercial sector. If commercial
landings, as estimated by the SRD, reach
or are projected to reach the commercial
ACL (commercial quota) specified in
§ 622.42(e)(2), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year.
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
61299
(ii) Recreational sector. If recreational
landings for golden tilefish, as estimated
by the SRD, reach or are projected to
reach the recreational ACL of 3,019 fish,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year. If recreational
landings for golden tilefish, as estimated
by the SRD, exceed the recreational
ACL, then during the following fishing
year, recreational landings will be
monitored for a persistence in increased
landings and, if necessary, the AA will
file a notification with the Office of the
Federal Register, to reduce the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year.
*
*
*
*
*
[FR Doc. 2012–24791 Filed 10–3–12; 4:15 pm]
BILLING CODE 3510–22–P
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; SubACL (Annual Catch Limit) Harvested
for Management Area 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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
SUMMARY:
E:\FR\FM\09OCR1.SGM
09OCR1
wreier-aviles on DSK5TPTVN1PROD with RULES
61300
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
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 subACL. 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 § 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.
VerDate Mar<15>2010
15:00 Oct 05, 2012
Jkt 229001
Classification
ACTION:
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
§ 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 30day 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111213751–2102–02]
RIN 0648–XC278
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of Atka
Mackerel in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
Temporary rule; reallocation.
NMFS is reallocating the
projected unused amount of the 2012
Atka mackerel incidental catch
allowance (ICA) for the Bering Sea
subarea and Eastern Aleutian district
(BS/EAI) of to the Amendment 80
cooperatives in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to allow
the 2012 total allowable catch of Atka
mackerel to be fully harvested.
SUMMARY:
Effective October 3, 2012,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2012 Atka mackerel ICA for the
BS/EAI is 1,000 metric tons (mt) and
2012 Atka mackerel total allowable
catch allocated to the Amendment 80
cooperative is 29,892 mt as established
by the final 2012 and 2013 harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012).
The Administrator, Alaska Region,
NMFS, has determined that 570 mt of
the Atka mackerel ICA for the BS/EAI
will not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 570 mt of Atka mackerel
from the BS/EAI ICA to the Amendment
80 cooperatives in the BSAI. In
accordance with § 679.91(f), NMFS will
reissue cooperative quota permits for
the reallocated Atka mackerel following
the procedures set forth in § 679.91(f)(3).
The harvest specifications for Atka
mackerel included in the harvest
specifications for groundfish in the
BSAI (77 FR 10669, February 23, 2012)
are revised as follows: 430 mt of Atka
mackerel for the BS/EAI ICA and 30,463
mt of Atka mackerel for the Amendment
80 cooperatives in the BS/EAI. Table 4
is correctly revised and republished in
its entirety as follows:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
