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[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Rules and Regulations]
[Page 10668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4243]

[[Page 10668]]

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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; Sub-ACL (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.

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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 sub-ACL 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 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 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 
Sec.  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 Sec.  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
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