10668 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301205–0289–02] 

RIN 0648–XB001 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; SubACL (Annual Catch Limit) Harvested 

for Management Area 2 

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 2, 

because 95 percent of the catch limit for 

that area has been caught. Effective 0001 

hr, February 20, 2012, 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 2 per calendar day until January 1, 

2013, when the 2013 allocation for Area 

2 becomes available. 

DATES: Effective 0001 hr local time, 

February 20, 2012, through December 

31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, (978) 675–2079. 

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 2012 Domestic Annual Harvest is 

91,200 metric tons (mt); the 2012 subACL allocated to Area 2 is 22,146 mt, 

and 0 mt of the sub-ACL is set aside for 

research (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 calendar day 

in or from the specified management 

area for the remainder of the closure 

period. Transiting of Area 2 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 2 for 2012 is projected 

to be harvested. Therefore, effective 

0001 hr local time, February 20, 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 2 per calendar day 

through December 31, 2012. Vessels 

may transit through Area 2 with more 

than 2,000 lb (907.2 kg) of herring on 

board, provided such herring was not 

caught in Area 2 and provided all 

fishing gear aboard is stowed and not 

available for immediate use as required 

by § 648.23(b). Effective 0001 hr, 

February 20, 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 2 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. 

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 and impracticable. This 

action closes the herring fishery for 

Management Area 2 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 2. 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 2 

have only recently become available. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the sub-ACL for Area 2 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: February 17, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4243 Filed 2–17–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XB028 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act Catcher/ 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher/ 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2012 Pacific cod total 

allowable catch (TAC) specified for AFA 

trawl catcher-processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 17, 2012, through 

1200 hrs, A.l.t., April 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 A season allowance of the 2012 

Pacific cod TAC specified for AFA trawl 

catcher-processors in the BSAI is 4,021 

metric tons as established by the final 

2011 and 2012 harvest specifications for 

groundfish in the BSAI (76 FR 11139, 

March 1, 2011) and inseason adjustment 

(76 FR 81875, December 29, 2011). 


bjneal on DSK4SPTVN1PROD with RULES