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