Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2019 Management Area 1A Sub-Annual Catch Limit Harvested, 65706 [2019-25926]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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