Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2015 Management Area 1A Seasonal Annual Catch Limit Harvested, 67664 [2015-27997]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Page 67664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27997]



[[Page 67664]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130919816-4205-02]
RIN 0648-XE292


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2015 Management Area 1A Seasonal 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 implementing a 2,000 lb possession limit for Atlantic 
herring in or from management Area 1A, based on the projection that 92 
percent of the 2015 annual seasonal catch limit for that area will have 
been harvested by the effective date. Federally permitted vessels may 
not fish for, possess, transfer, receive, land, or sell more than 2,000 
lb (907.2 kg) of Atlantic herring in or from Area 1A for the remainder 
of the fishing year, and federally permitted dealers may not purchase 
more than 2,000 lb (907.2 kg) of herring from federally permitted 
vessels for the duration of this action. This action is necessary to 
comply with the regulations implementing the Atlantic Herring Fishery 
Management Plan and is intended to prevent over harvest in Area 1A.

DATES: Effective 1200 hr local time, November 2, 2015, through December 
31, 2015.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery can be found at 50 CFR part 648, including requirements for 
setting annual catch allocations. NMFS set the 2015 Area 1A sub-annual 
catch limit (ACL) at 30,585 mt, based on an initial 2015 sub-ACL 
allocation of 31,200 mt, minus a deduction of 936 mt for research set-
aside catch, plus an increase of 321 mt to account for unharvested 2013 
catch. NMFS established these values in the 2013 through 2015 
specifications (78 FR 61828, October 1, 2013) and a final rule 
implementing sub-ACL adjustments for 2015 (80 FR 7808, February 12, 
2015). For management Area 1A, NMFS restricts herring catch to the 
seasonal period from June 1 through December 31. NMFS prohibits vessels 
from catching herring during the seasonal period from January 1 through 
May 31.
    The Administrator, Greater Atlantic Region, NMFS (Regional 
Administrator), monitors the herring fishery catch in each of the 
management areas based on dealer reports, state data, and other 
available information. The regulations at Sec.  648.201 require that 
when Regional Administrator projects that 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 
must prohibit, through notification in the Federal Register, herring 
vessel permit holders from fishing for, possessing, transferring, 
receiving, landing, or selling 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 fishing year.
    The Regional Administrator has determined, based on dealer reports, 
state data, and other available information, that the herring fleet 
will have caught 92 percent of the total herring sub-ACL allocated to 
Area 1A by November 2, 2015. Therefore, effective 1200 hr local time, 
November 2, 2015, federally permitted vessels may not fish for, catch, 
possess, transfer, land, or sell more than 2,000 lb (907.2 kg) of 
herring per trip or calendar day, in or from Area 1A through December 
31, 2015, except that vessels that have entered port before 1200 hr on 
November 2, 2015, may land and sell more than 2,000 lb (907.2 kg) of 
herring from Area 1A from that trip. In addition, due to state landing 
restrictions, all herring vessels must land in accordance with state 
regulations. 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. Effective 1200 hr on November 
2, 2015, federally permitted dealers 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, 2015, unless it is from a trip landed by a vessel that entered port 
before 1200 hr on November 2, 2015, 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)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. This action severely 
restricts the catch of herring in Area 1A for the remainder of the 
fishing year. Data indicating the herring fleet will have landed at 
least 92 percent of the 2015 sub-ACL allocated to Area 1A have only 
recently become available. Once these data become available, NMFS is 
required by Federal regulation to implement a 2,000-lb (907.2-kg) 
possession limit for Area 1A through December 31, 2015. The regulations 
at Sec.  648.201(a)(1)(i) require such action to ensure that herring 
vessels do not exceed the 2015 sub-ACL allocated to Area 1A. If 
implementation of this closure is delayed to solicit prior public 
comment, the sub-ACL for 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. 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 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-27997 Filed 10-29-15; 4:15 pm]
 BILLING CODE 3510-22-P