[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66654-66655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27841]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648- XA764


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1A

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 1A, because 95 percent of the catch limit for that area has been 
caught. Effective 0001 hr, October 27, 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 1A (Area 1A) per calendar day until January 1, 2012, when the 2012 
allocation for Area 1A becomes available.

DATES: Effective 0001 hr local time, October 27, 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 1A is 26,546 mt, and 0 mt 
of the sub-ACL is set aside for research (75 FR 48874, August 12, 
2010).
    Section Sec.  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 calendar day in or from the 
specified management area for the remainder of the closure period. 
Transiting of Area 1A 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 upon dealer 
reports and other available information that 95 percent of the total 
herring sub-ACL allocated to Area 1A for 2011 is projected to be 
harvested. This projection takes into consideration an additional 3,000 
mt that will be allocated to Area 1A, effective November 1, 2011 from 
an under-harvest in the New Brunswick weir fishery. Therefore, 
effective 0001 hr local time, October 27, 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 1A per calendar day 
through December 31, 2011. Vessels may transit through Area 1A with 
more than 2,000 lb (907.2 kg) of herring on board, provided such 
herring was not caught in Area 1A and provided all fishing gear aboard 
is stowed and not available for immediate use as required by Sec.  
648.23(b). Effective 0001 hr, October 27, 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 1A 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.

[[Page 66655]]

    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 1A 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 1A. 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 1A have only 
recently become available. If implementation of this closure is delayed 
to solicit prior public comment, the sub-ACL for Area 1A 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: October 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-27841 Filed 10-25-11; 8:45 am]
BILLING CODE 3510-22-P