Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2019 Management Area 1A Sub-Annual Catch Limit Harvested, 65706 [2019-25926]
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65706
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:03 Nov 27, 2019
Jkt 250001
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 § 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.
PO 00000
Frm 00080
Fmt 4700
Sfmt 9990
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 § 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. 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 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
E:\FR\FM\29NOR1.SGM
29NOR1
Agencies
[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.
-----------------------------------------------------------------------
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