[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35209-35210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12468]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 200428-0122; RTID 0648-XX043]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2020 Management Area 3 Sub-Annual Catch Limit Harvested
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 fishery for Herring Management
Area 3. This closure is required because NMFS projects that 92 percent
of the catch amount for Management Area 3 has been caught. This action
is intended to prevent overharvest of Atlantic herring in Management
Area 3, which will result in additional quota reductions next year.
DATES: Effective 00:01 hr local time, June 6, 2020, through December
31, 2020.
FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management
Specialist, and (978) 281-9352.
SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater
Atlantic Regional Office monitors Atlantic herring fishery catch in
each of the management areas based on vessel and dealer reports, state
data, and other available information. The regulations at 50 CFR
648.201 require that when Atlantic herring catch will reach 92 percent
of the Management Area 3 sub-annual catch limit (sub-ACL), federally
permitted vessels are prohibited from fishing for, possessing,
transferring, receiving, landing, or selling more than 2,000 lb (907.2
kg) of Atlantic herring per trip or calendar day in or from the
specified management area.
The Regional Administrator has projected, based on vessel and
dealer reports, and other available information, that the Atlantic
herring fleet will have caught 92 percent of the Management Area 3 sub-
ACL by June 6, 2020. Therefore, effective 00:01 hr local time, June 6,
2020, vessels may not fish for, possess, transfer, receive, land, or
sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip or
calendar day, in or from Management Area 3, through December 31, 2020.
Vessels that have entered port before 00:01 hr local time, June 6,
2020, may land and sell more
[[Page 35210]]
than 2,000 lb (907.2 kg) of Atlantic herring from Area 3 from that
trip. A vessel may transit through Area 3 with more than 2,000 lb
(907.2 kg) of Atlantic herring on board, provided all herring was
caught outside of Area 3 and all fishing gear is stowed and not
available for immediate use as defined by Sec. 648.2.
Effective 00:01 hr local time, June 6, 2020, through 24:00 hr local
time, December 31, 2020, federally permitted dealers may not purchase,
possess, receive, sell, barter, trade or transfer more than 2,000 lb
(907.2 kg) of Atlantic herring per trip or calendar day from Area 3
from a vessel issued and holding a valid Federal herring permit, unless
it is from a trip landed by a vessel that entered port before 00:01 hr
local time, June 6, 2020.
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)(3)(B) to waive
prior notice and the opportunity for public comment because it would be
contrary to the public interest and impracticable. NMFS also finds good
cause to waive the 30-day delayed effectiveness in accordance with 5
U.S.C 553(d)(3). NMFS is required by Federal regulation to implement a
2,000-lb (907.2-kg) Atlantic herring possession limit for Management
Area 3 through the calendar year when 92 percent of the area quota is
projected to be harvested. The 2020 Atlantic herring fishing year began
on January 1, 2020. Data indicating the Atlantic herring fleet will
have landed at least 92 percent of the 2020 sub-ACL allocated to
Management Area 3 only recently became available. High-volume catch and
landings in this fishery increase total catch relative to the sub-ACL
quickly, especially in this fishing year where annual catch limits are
unusually low. If implementation of this closure is delayed to solicit
prior public comment, the sub-ACL for Management Area 3 for this
fishing year will likely be exceeded; thereby, undermining the
conservation objectives of the FMP. If sub-ACLs are exceeded, the
excess must also be deducted from a future sub-ACL and would reduce
future fishing opportunities.
In addition, the public had prior notice and full opportunity to
comment on this process when these provisions were put in place. The
public expects these actions to occur in a timely way consistent with
the fishery management plan's objectives.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 4, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-12468 Filed 6-4-20; 4:15 pm]
BILLING CODE 3510-22-P