[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Page 65706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25926]
[[Page 65706]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 181031994-9022-02]
RTID 0648-XX033
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2019 Management Area 1A 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: Effective on November 27, 2019, NMFS is closing the directed
fishery for Herring Management Area 1A, based on a projection that a
threshold catch amount for that management area has been reached.
Beginning November 27, 2019, through December 31, 2019, no person may,
or attempt to 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 1A from a vessel issued and holding a valid
Federal herring permit. For the duration of this action, federally
permitted dealers may not possess or receive, or attempt to possess or
receive, more than 2,000 lb (907.2 kg) of herring from Management Area
1A per trip or calendar day from vessels issued and holding a valid
Federal herring permit. This action is necessary to comply with the
regulations implementing the Atlantic herring Fishery Management Plan
and is intended to prevent overharvest of herring in Management Area
1A.
DATES: Effective 00:01 hr local time, November 27, 2019, through 24:00
local time, December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management
Specialist, (978) 282-8457.
SUPPLEMENTARY INFORMATION: The Regional Administrator of NMFS for the
Greater Atlantic Region monitors the 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 the Regional Administrator projects that herring
catch will reach 92 percent of the Sub-Annual Catch Limit (sub-ACL)
allocated in Management Area 1A designated in the Atlantic Herring
Fishery Management Plan (FMP), through notification in the Federal
Register, NMFS must prohibit for the remainder of the fishing year,
vessels from fishing for, possessing, transferring, receiving, landing,
or selling, or attempting to fish for, possess, transfer, receive, land
or sell, more than 2,000 lb (907.2 kg) of herring per trip or calendar
day in or from the specified management area from a vessel issued and
holding a valid Federal herring permit.
The Regional Administrator has projected, based on vessel and
dealer reports, state data, and other available information, that the
herring fleet will have caught 92 percent of the herring sub-ACL
allocated to Management Area 1A by November 27, 2019. Therefore,
effective 00:01 hr local time, November 27, 2019, no person may, or
attempt to, fish for, possess, transfer, receive, land, or sell more
than 2,000 lb (907.2 kg) of herring per trip or calendar day, in or
from Management Area 1A, through December 31, 2019, from a vessel
issued or holding a valid Federal herring permit. Vessels that have
entered port before 00:01 hr local time, November 27, 2019, may land
and sell more than 2,000 lb (907.2 kg) of herring from Area 1A from
that trip. A vessel may transit through Area 1A with more than 2,000 lb
(907.2 kg) of herring on board, provided all herring was caught outside
of Area 1A and all fishing gear is stowed and not available for
immediate use as defined by Sec. 648.2. All herring vessels must land
in accordance with state landing restrictions.
Effective 00:01 hr local time, November 27, 2019, through 24:00 hr
local time, December 31, 2019, federally permitted dealers may not
purchase, possess, receive, sell, barter, trade or transfer, or attempt
to purchase, possess, receive, sell, barter, trade or transfer more
than 2,000 lb (907.2 kg) of herring per trip or calendar day from
Management Area 1A 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, November 27, 2019, and that
catch is landed in accordance with state regulations.
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. Further, in
accordance with 5 U.S.C 553(d)(3), NMFS also finds good cause to waive
the 30-day delayed effectiveness. NMFS is required by Federal
regulation to put in place a 2,000-lb (907.2-kg) herring trip limit for
Management Area 1A through December 31, 2019, when 92 percent of the
area quota is harvested. The 2019 herring fishing year opened on
January 1, 2019, and Management Area 1A opened to fishing June 1, 2019.
Data indicating the herring fleet will have landed at least 92 percent
of the 2019 sub-ACL allocated to Management Area 1A have only recently
become available. Once available data supports projecting that 92
percent of the sub-ACL will be caught, regulations at Sec. 648.201(a)
require NMFS to close the directed fishery and impose a trip and
calendar day limit to ensure that herring vessels do not exceed the
2019 sub-ACL allocated to Management Area 1A. 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 1A 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: November 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-25926 Filed 11-26-19; 4:15 pm]
BILLING CODE 3510-22-P