Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-Annual Catch Limit (ACL) Harvested for Management Area 1A, 62331-62332 [2013-24475]

Download as PDF Federal Register / Vol. 78, No. 201 / Thursday, October 17, 2013 / Rules and Regulations (34)(h), of the Instruction. An environmental analysis was performed during the marine event permit process for the rowing event and a checklist and a categorical exclusion determination are not required for this special local regulation. Dated: September 20, 2013. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2013–24473 Filed 10–16–13; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 100 DEPARTMENT OF COMMERCE Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. National Oceanic and Atmospheric Administration For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR Part 100 as follows: Fisheries of the Northeastern United States; Atlantic Herring Fishery; SubAnnual Catch Limit (ACL) Harvested for Management Area 1A 1. The authority citation for Part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. A new temporary § 100.T08–0753 is added to read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with RULES § 100.T08–0753 Special Local Regulation; Tennessee River, Miles 255.0 to 256.5, Florence, AL. (a) Location. The following area is a special local regulation: All waters of the Tennessee River, beginning at mile marker 255.0 and ending at mile marker 256.5. (b) Effective date. This section is effective and enforceable from 8:00 a.m. to 5:00 p.m. on October 19, 2013. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into this area is prohibited unless authorized by the Captain of the Port Ohio Valley or a designated representative. (2) Persons or vessels requiring entry into or passage through the area must request permission from the Captain of the Port Ohio Valley or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1–800–253– 7465. (3) All persons and vessels shall comply with the instructions of the Captain of the Port Ohio Valley and designated U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. (d) Informational broadcasts. The Captain of the Port Ohio Valley or a designated representative will inform the public through broadcast notice to mariners when the special local regulation has been established and if there are changes to the enforcement period for this special local regulation. 10:05 Oct 16, 2013 Jkt 232001 [Docket No. 130408348–3835–02] RIN 0648–XC903 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS VerDate Mar<15>2010 50 CFR Part 648 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing the directed herring fishery in management area 1A, because it projects that 92 percent of the catch limit for that area will have been caught by the effective date. Effective 0001 hr, October 15, 2013, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) per trip or calendar day in or from Management Area 1A until June 1, 2014, when the 2014 allocation for Area 1A becomes available. Vessels that have entered port before 0001 hr on October 15, 2013, may possess, offload, and sell more than 2,000 lb of herring from Area 1A, from that trip, after the closure. Also effective 0001 hr, October 15, 2013, federally permitted dealers may not receive more than 2,000 lb (907.2 kg) of herring caught within Management Area 1A per trip or calendar day, unless it is from a trip landed by a vessel that entered port before 0001 hr on October 15, 2013. DATES: This rule is effective 0001 hr local time, October 15, 2013, through December 31, 2013. FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management Specialist, (978) 281–9112. SUPPLEMENTARY INFORMATION: The reader can find regulations governing the herring fishery 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, SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 62331 border transfer, and sub-ACLs for each management area. The 2013 Domestic Annual Harvest is 107,800 metric tons (mt); the 2013 sub-ACL allocated to Area 1A is 29,775 mt, and 0 mt of the sub-ACL is set aside for research (78 FR 61828, October 4, 2013). For management Area 1A, the catch of subACL is currently allocated over two seasons, the first from January 1 through May 31, and the second from June 1 through December 31. Because of this season, the herring fishery in Area 1A would re-open after the closure on June 1, 2014. The regulations at § 648.201 require that when the Administrator, Northeast Region, NMFS (Regional Administrator) projects herring catch will reach 92 percent of the sub-ACL allocated in any of the four management areas designated in the Atlantic Herring Fishery Management Plan (FMP), NMFS will prohibit 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. The Regional Administrator monitors the herring fishery catch in each of the management areas based upon dealer reports, state data, and other available information. NMFS is publishes notification in the Federal Register of the date that the catch is projected to reach 92 percent of the management area sub-ACL and closure of the management area for the remainder of the closure period. Vessels that have entered port before the closure date may offload and sell more than 2,000 lb (907.2 kg) of herring from Area 1A, from that trip. During the closure, vessels may transit Area 1A with more than 2,000 lb (907.2 kg) of herring on board only under the conditions specified below. The Regional Administrator has determined, based on dealer reports and other available information, that the herring fleet will have caught 92 percent of the total herring sub-ACL allocated to Area 1 for the season (June 1 through December 31) by the effective date. Therefore, effective 0001 hr local time, October 15, 2013, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of herring per trip or calendar day, in or from Area 1A through December 31, 2013, except that vessels that have entered port before 0001 hr on October 15, 2013, may offload and sell more than 2,000 lb (907.2 kg) of herring from Area 1A, from that trip after the closure. During the closure, a vessel may transit through Area 1A with more E:\FR\FM\17OCR1.SGM 17OCR1 62332 Federal Register / Vol. 78, No. 201 / Thursday, October 17, 2013 / Rules and Regulations than 2,000 lb (907.2 kg) of herring on board, provided the vessel did not catch the herring in Area 1A and stows all fishing gear aboard, making it unavailable for immediate use as required by § 648.23(b). Effective 0001 hr, October 15, 2013, NMFS also advises federally permitted dealers that they may not receive herring from federally permitted herring vessels that harvest more than 2,000 lb (907.2 kg) of herring from Area 1A through 2400 hr local time, December 31, 2013, unless it is from a trip landed by a vessel that entered port before 0001 hr on October 15, 2013. Classification wreier-aviles on DSK5TPTVN1PROD with RULES This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. VerDate Mar<15>2010 10:05 Oct 16, 2013 Jkt 232001 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 1A until January 1, 2014, under current regulations. The regulations at § 648.201(a) require such action to ensure that herring vessels do not exceed the 2013 sub-ACL allocated to Area 1A. The herring fishery opened for the 2013 fishing year on January 1, 2013. Data indicating the herring fleet will have landed at least 92 percent of the 2013 sub-ACL allocated to Area 1A have only recently become available. If implementation of this closure is delayed to solicit prior public comment, the sub-ACL for Area 1A for this fishing year may be exceeded, thereby PO 00000 Frm 00004 Fmt 4700 Sfmt 9990 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. 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: October 11, 2013. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, performing the functions and duties of the Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2013–24475 Filed 10–11–13; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 78, Number 201 (Thursday, October 17, 2013)]
[Rules and Regulations]
[Pages 62331-62332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24475]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130408348-3835-02]
RIN 0648-XC903


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Sub-Annual Catch Limit (ACL) Harvested for Management Area 1A

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 1A, because it projects that 92 percent of the catch limit for 
that area will have been caught by the effective date. Effective 0001 
hr, October 15, 2013, federally permitted vessels may not fish for, 
catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of 
Atlantic herring (herring) per trip or calendar day in or from 
Management Area 1A until June 1, 2014, when the 2014 allocation for 
Area 1A becomes available. Vessels that have entered port before 0001 
hr on October 15, 2013, may possess, offload, and sell more than 2,000 
lb of herring from Area 1A, from that trip, after the closure. Also 
effective 0001 hr, October 15, 2013, federally permitted dealers may 
not receive more than 2,000 lb (907.2 kg) of herring caught within 
Management Area 1A per trip or calendar day, unless it is from a trip 
landed by a vessel that entered port before 0001 hr on October 15, 
2013.

DATES: This rule is effective 0001 hr local time, October 15, 2013, 
through December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management 
Specialist, (978) 281-9112.

SUPPLEMENTARY INFORMATION: The reader can find regulations governing 
the herring fishery 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 2013 Domestic Annual Harvest is 107,800 
metric tons (mt); the 2013 sub-ACL allocated to Area 1A is 29,775 mt, 
and 0 mt of the sub-ACL is set aside for research (78 FR 61828, October 
4, 2013). For management Area 1A, the catch of sub-ACL is currently 
allocated over two seasons, the first from January 1 through May 31, 
and the second from June 1 through December 31. Because of this season, 
the herring fishery in Area 1A would re-open after the closure on June 
1, 2014.
    The regulations at Sec.  648.201 require that when the 
Administrator, Northeast Region, NMFS (Regional Administrator) projects 
herring catch will reach 92 percent of the sub-ACL allocated in any of 
the four management areas designated in the Atlantic Herring Fishery 
Management Plan (FMP), NMFS will prohibit 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. 
The Regional Administrator monitors the herring fishery catch in each 
of the management areas based upon dealer reports, state data, and 
other available information. NMFS is publishes notification in the 
Federal Register of the date that the catch is projected to reach 92 
percent of the management area sub-ACL and closure of the management 
area for the remainder of the closure period. Vessels that have entered 
port before the closure date may offload and sell more than 2,000 lb 
(907.2 kg) of herring from Area 1A, from that trip. During the closure, 
vessels may transit Area 1A with more than 2,000 lb (907.2 kg) of 
herring on board only under the conditions specified below.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the herring fleet will have 
caught 92 percent of the total herring sub-ACL allocated to Area 1 for 
the season (June 1 through December 31) by the effective date. 
Therefore, effective 0001 hr local time, October 15, 2013, federally 
permitted vessels may not fish for, catch, possess, transfer, or land 
more than 2,000 lb (907.2 kg) of herring per trip or calendar day, in 
or from Area 1A through December 31, 2013, except that vessels that 
have entered port before 0001 hr on October 15, 2013, may offload and 
sell more than 2,000 lb (907.2 kg) of herring from Area 1A, from that 
trip after the closure. During the closure, a vessel may transit 
through Area 1A with more

[[Page 62332]]

than 2,000 lb (907.2 kg) of herring on board, provided the vessel did 
not catch the herring in Area 1A and stows all fishing gear aboard, 
making it unavailable for immediate use as required by Sec.  648.23(b). 
Effective 0001 hr, October 15, 2013, NMFS also advises federally 
permitted dealers that they may not receive herring from federally 
permitted herring vessels that harvest more than 2,000 lb (907.2 kg) of 
herring from Area 1A through 2400 hr local time, December 31, 2013, 
unless it is from a trip landed by a vessel that entered port before 
0001 hr on October 15, 2013.

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 1A until January 1, 2014, under 
current regulations. The regulations at Sec.  648.201(a) require such 
action to ensure that herring vessels do not exceed the 2013 sub-ACL 
allocated to Area 1A. The herring fishery opened for the 2013 fishing 
year on January 1, 2013. Data indicating the herring fleet will have 
landed at least 92 percent of the 2013 sub-ACL allocated to Area 1A 
have only recently become available. If implementation of this closure 
is delayed to solicit prior public comment, the sub-ACL for Area 1A for 
this fishing year may 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. 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: October 11, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.
[FR Doc. 2013-24475 Filed 10-11-13; 4:15 pm]
BILLING CODE 3510-22-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.