[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Rules and Regulations]
[Pages 68657-68658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907301205-0289-02]
RIN 0648-XA805


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Temporary Removal of Herring Trip Limit in Atlantic Herring 
Management Area 3

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason action.

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SUMMARY: NMFS announces temporary removal of the 2,000-lb (907.2 kg) 
trip limit for the Atlantic herring fishery in Management Area 3 
because recent catch data indicate that 95 percent of the sub-annual 
catch limit in Area 3 has not been fully attained. Vessels issued a 
Federal Atlantic herring permit may resume fishing for and landing 
herring, in amounts greater than 2,000 lb (907.2-kg), consistent with 
their Atlantic herring permit category, effective 0001 hr, November 7, 
2011, through 0001 hr, November 10, 2011. At 0001 hr, November 10, 
2011, vessels will again be prohibited from fishing for, catching, 
possessing, transferring, or landing more than 2,000 lb (907.2-kg) of 
Atlantic herring per trip or calendar day.

DATES: Effective 0001 hr, November 7, 2011, through 0001 hr, November 
10, 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).
    Section 648.201(a) requires NMFS to monitor catch from the herring 
fishery in each of the herring management areas, using dealer reports, 
state data, and other available information, to determine when the 
catch of herring is projected to reach 95 percent of the management 
area sub-ACL. When such a determination is made, NMFS is required to 
prohibit, through publication in the Federal Register, 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 calendar 
day, in or from the specified management area for the remainder of the 
closure period. Transiting an area closed to directed fishing with more 
than 2,000 lb (907.2-kg) of herring on board is allowed under the 
conditions specified below.
    Based upon information indicating that 95 percent of the sub-ACL 
would be reached by October 3, 2011, NMFS filed a temporary rule 
effective October 3 through December 31, 2011, that reduced the herring 
trip limit in Area 3 for all federally permitted herring vessels to 
2,000 lb (907.2-kg) per trip or calendar day. The NMFS Northeast 
Regional Administrator has since determined, based upon the latest 
dealer reports, data corrections, and other available information, that 
the herring fleet has not yet taken 95 percent of the sub-ACL, and, as 
of November 2, 2011, there is approximately 2,026 mt of Atlantic 
herring quota still available in Area 3. So that the herring fleet is 
able to harvest closer to 95 percent of the Area 3 sub-ACL, consistent 
with applicable regulations and trip limits, this action temporarily 
removes the 2,000 lb (907.2-kg) trip limit implemented on October 3, 
2011, and restores the trip limits, if any, in effect before October 3, 
2011, until 0001 hr November 10, 2011. Effective 0001 hr, November 7, 
2011, through 0001 hrs, November 10, 2011, vessels issued an All Areas 
or an Areas 2 and 3 Limited Access Herring Permit are authorized to

[[Page 68658]]

fish for, possess, or land Atlantic herring with no possession 
restrictions; vessels issued a Limited Access Incidental Catch Herring 
Permit are authorized to fish for, possess, or land up to 55,000 lb (25 
mt); and vessels issued an open access herring permit may not fish for, 
possess, or land more than 6,600 lb (3 mt) of Atlantic herring in Area 
3.
    At 0001 hr November 10, 2011, all federally permitted herring 
vessels will again be prohibited from fishing for, catching, 
possessing, transferring, or landing more than 2,000 lb (907.2-kg) of 
herring, per trip or calendar day, in or from Area 3, through December 
31, 2011. Vessels transiting Area 3 with more than 2,000 lb (907.2-kg) 
of herring on board may do so, provided such herring was not caught in 
Area 3 and that all fishing gear is stowed and not available for 
immediate use, as required by Sec.  648.23(b).
    Effective 0001 hr, November 7, 2011, federally permitted dealers 
are advised that they may purchase more than 2,000 lb (907.2-kg) of 
Atlantic herring caught in Area 3 by federally permitted vessels until 
0001 hr November 10, 2011. At 0001 hrs November 10, 2011, federally 
permitted dealers will again be prohibited from purchasing 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 taken under 50 CFR part 648 and is exempt from 
review under E.O. 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 temporarily removes the 
2,000-lb (907.2-kg) herring trip limit in Area 3 from November 7 until 
November 10, 2011. As of 0001 hr November 10, 2011, the Area 3 trip 
limit will again be reduced to 2,000 lb (907.2-kg) per trip or calendar 
day, through December 31, 2011. The Atlantic herring fishery opened for 
the 2011 fishing year at 0001 hrs on January 1, 2011. The Atlantic 
herring fleet was prohibited from fishing for, catching, possessing, 
transferring, or landing more than 2,000 lb (907.2 mt) per trip or 
calendar day on October 3, 2011, based on projections that 95 percent 
of the available Area 3 herring quota had been harvested. Catch data 
indicating the Atlantic herring fleet did not harvest the full amount 
of available quota have only very recently become available. If 
implementation of this temporary removal of the 2,000 lb (907.2-kg) 
trip limit is delayed to solicit prior public comment, the remaining 
quota may not be fully harvested before the end of the 2011 fishing 
year on December 31. If public comment and the 30-day delayed 
effectiveness period is allowed, this action may re-open the directed 
herring fishery after the herring have moved out of Area 3.
    Given the seasonal nature of the herring fishery, this would make 
this action ineffective. The AA 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: November 2, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-28767 Filed 11-2-11; 4:15 pm]
BILLING CODE 3510-22-P