Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2019 Management Area 2 Sub-Annual Catch Limit Harvested, 8625-8626 [2019-04352]

Download as PDF Federal Register / Vol. 84, No. 47 / Monday, March 11, 2019 / Rules and Regulations List of Subjects in 50 CFR Part 300 DEPARTMENT OF COMMERCE Antarctica, Antarctic marine living resources, Catch documentation scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and recordkeeping requirements. National Oceanic and Atmospheric Administration Dated: March 5, 2019. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2019 Management Area 2 Sub-Annual Catch Limit Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart G—Antarctic Marine Living Resources 1. The authority citation for part 300, subpart G, continues to read as follows: Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq. 2. Amend § 300.105 by revising paragraph (h) to read as follows: ■ § 300.105 Preapproval for importation of frozen Dissostichus species. * * * * (h) NMFS will not issue a preapproval certificate for any shipment of Dissostichus species: (1) Identified as originating from a high seas area designated by the Food and Agriculture Organization of the United Nations as Statistical Area 51 or Statistical Area 57 in the eastern and western Indian Ocean outside and north of the Convention Area; (2) Determined to have been harvested or transshipped in contravention of any CCAMLR Conservation Measure in force at the time of harvest or transshipment; (3) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported and unregulated (IUU) fishing; or (4) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation or by a SVDCD. amozie on DSK9F9SC42PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 17:17 Mar 08, 2019 Jkt 247001 Effective on March 9, 2019, NMFS is closing the directed fishery for Herring Management Area 2, based on a projection that a threshold catch amount for that management area has been reached. Beginning March 9, 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 2 from a vessel issued and holding a valid 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 2 per trip or calendar day from vessels issued and holding a valid 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 2. DATES: Effective 00:01 hr local time, March 9, 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-ACL allocated in Management Area 2 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, SUMMARY: ■ [FR Doc. 2019–04358 Filed 3–8–19; 8:45 am] [Docket No: 181031994–9022–02] RIN 0648–XG872 Accordingly, 50 CFR part 300 is corrected by making the following correcting amendments: * 50 CFR Part 648 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 8625 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 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 2 by March 9, 2019. Therefore, effective 00:01 hr local time, March 9, 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 2, through December 31, 2019, from a vessel issued or holding a valid herring permit. Vessels that have entered port before 00:01 hr local time, March 9, 2019, may land and sell more than 2,000 lb (907.2 kg) of herring from Area 2 from that trip. A vessel may transit through Area 2 with more than 2,000 lb (907.2 kg) of herring on board, provided all herring was caught outside of Area 2 and all fishing gear is stowed and not available for immediate use as defined by § 648.2. Effective 00:01 hr local time, March 9, 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 2 from a vessel issued and holding a valid herring permit, unless it is from a trip landed by a vessel that entered port before 00:01 hr local time, March 9, 2019. 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 2 through December 31, 2019. The 2019 herring fishing year opened on January 1, 2019. Data indicating the herring fleet will have landed at least 92 percent of the 2019 sub-ACL allocated to Management Area E:\FR\FM\11MRR1.SGM 11MRR1 8626 Federal Register / Vol. 84, No. 47 / Monday, March 11, 2019 / Rules and Regulations 2 have only recently become available. Once available data supports projecting that 92 percent of the sub-ACL will be caught, regulations at § 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 2. Highvolume 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 2 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: March 6, 2019. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–04352 Filed 3–6–19; 5:00 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769–8162–02] RIN 0648–XG730 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and amozie on DSK9F9SC42PROD with RULES AGENCY: VerDate Sep<11>2014 17:17 Mar 08, 2019 Jkt 247001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2019 total allowable catch of pollock for Statistical Area 610 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 6, 2019, through 1200 hrs, A.l.t., March 10, 2019. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2019 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 848 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) and inseason adjustment (84 FR 33, January 4, 2019). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2019 TAC of pollock in Statistical Area 610 of the GOA is necessary to account for the incidental catch in other anticipated fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt and is setting aside the remaining 848 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 directed fishing for pollock in Statistical Area 610 of the GOA. While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for pollock in Statistical Area 610 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 5, 2019. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 6, 2019. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–04313 Filed 3–6–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8625-8626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No: 181031994-9022-02]
RIN 0648-XG872


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2019 Management Area 2 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 March 9, 2019, NMFS is closing the directed 
fishery for Herring Management Area 2, based on a projection that a 
threshold catch amount for that management area has been reached. 
Beginning March 9, 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 2 from a vessel issued and holding a valid 
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 2 per 
trip or calendar day from vessels issued and holding a valid 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 2.

DATES: Effective 00:01 hr local time, March 9, 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-ACL allocated in Management Area 
2 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 
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 2 by March 9, 2019. Therefore, effective 
00:01 hr local time, March 9, 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 2, through December 31, 2019, from a vessel issued or holding a 
valid herring permit. Vessels that have entered port before 00:01 hr 
local time, March 9, 2019, may land and sell more than 2,000 lb (907.2 
kg) of herring from Area 2 from that trip. A vessel may transit through 
Area 2 with more than 2,000 lb (907.2 kg) of herring on board, provided 
all herring was caught outside of Area 2 and all fishing gear is stowed 
and not available for immediate use as defined by Sec.  648.2.
    Effective 00:01 hr local time, March 9, 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 2 from a vessel issued and holding a valid herring 
permit, unless it is from a trip landed by a vessel that entered port 
before 00:01 hr local time, March 9, 2019.

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 Sec.  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 2 through December 31, 2019. The 2019 herring fishing 
year opened on January 1, 2019. Data indicating the herring fleet will 
have landed at least 92 percent of the 2019 sub-ACL allocated to 
Management Area

[[Page 8626]]

2 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 2. 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 2 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: March 6, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-04352 Filed 3-6-19; 5:00 pm]
BILLING CODE 3510-22-P