Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2021 Specifications, 59872-59873 [2021-23598]
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
Ms.
Gian Marshall, Drug and Alcohol
Programs Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, clearinghouse@dot.gov,
(202) 366–0928.
SUPPLEMENTARY INFORMATION: On
October 7, 2021, FMCSA published a
final rule (86 FR 55718) with an
effective date of November 8, 2021,
which amended 49 CFR 383.73(a) by
adding a new paragraph (a)(3). FMCSA
published another final rule on October
14, 2021 (86 FR 57060), General
Technical, Organizational, Conforming,
and Correcting Amendments to the
Federal Motor Carrier Safety
Regulations, which renumbered the
paragraphs under § 383.73(a) such that
the amendment from the October 7,
2021, final rule could not be made to the
CFR upon its effective date. Through
this document, FMCSA corrects the
October 7, 2021, final rule to add the
new paragraph to § 383.73(a) as
paragraph (a)(8) instead of paragraph
(a)(3).
In FR Doc. 2021–21928 appearing on
page 55718 in the Federal Register of
October 7, 2021, the following
corrections are made:
FOR FURTHER INFORMATION CONTACT:
§ 383.73
[Corrected]
1. On page 55742, in the second
column, in amendment 7a for § 383.73,
the instruction ‘‘Adding paragraph
(a)(3);’’ is corrected to read ‘‘Adding
paragraph (a)(8);’’.
■
§ 383.73
[Corrected]
2. On page 55742, in the second
column, in the regulatory text for
§ 383.73, in paragraph (a), ‘‘(3)’’ is
corrected to read ‘‘(8)’’.
■
Issued under authority delegated in 49 CFR
1.87 and redelegated in FMCSA Order
1101.1b.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–23596 Filed 10–28–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210325–0071; RTID 0648–
XB447]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to the 2021 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS increases the 2021
Atlantic herring annual catch limit and
Area 1A sub-annual catch limit by 1,000
metric tons (mt). This action is required
by the herring regulations when, based
on data through October 1, the New
Brunswick weir fishery lands less than
3,012 mt of herring. This notice informs
the public of these catch limit changes.
DATES: Effective October 29, 2021,
through December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, (978) 281–9196; or
Maria.Fenton@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published final 2021 specifications for
SUMMARY:
the Atlantic Herring Fishery
Management Plan on April 1, 2021 (86
FR 17081), establishing the 2021 annual
catch limit (ACL) and area sub-ACLs.
Table 1 shows the original herring
specifications for 2021 and the
specifications as revised by this action
for the remainder of the calendar year.
The NMFS Regional Administrator
tracks herring landings in the New
Brunswick weir fishery each year. The
regulations at 50 CFR 648.201(h) require
that if the New Brunswick weir fishery
landings through October 1 are
determined to be less than 3,012 mt,
then NMFS subtracts 1,000 mt from the
management uncertainty buffer and
reallocates that amount to the ACL and
Area 1A sub-ACL. When such a
determination is made, NMFS is
required to notify the New England
Fishery Management Council and
publish the ACL and Area 1A sub-ACL
adjustment in the Federal Register.
Information from Canada’s
Department of Fisheries and Oceans
indicates that the New Brunswick weir
fishery landed 1,209 mt of herring
through October 1, 2021. Therefore, the
Regional Administrator determined that,
effective October 29, 2021], 1,000 mt
will be reallocated from the
management uncertainty buffer to the
Area 1A sub-ACL and the ACL. This
1,000 mt reallocation increases the Area
1A sub-ACL from 1,609 mt to 2,609 mt
and the ACL from 4,128 mt to 5,128 mt.
The revised specifications will be used
to project when catch will reach 92
percent of the Area 1A sub-ACL or 95
percent of the ACL for the purpose of
implementing a 2,000-pound (lb) (907kilogram (kg)) herring possession limit
in Area 1A or in all management areas,
respectively.
TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2021
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Original specifications
(mt)
Overfishing Limit .....................................................................................................
Acceptable Biological Catch ...................................................................................
Management Uncertainty .......................................................................................
Optimum Yield/ACL ................................................................................................
Domestic Annual Harvest .......................................................................................
Border Transfer ......................................................................................................
Domestic Annual Processing .................................................................................
U.S. At-Sea Processing ..........................................................................................
Area 1A Sub-ACL (28.9%) .....................................................................................
Area 1B Sub-ACL (4.3%) .......................................................................................
Area 2 Sub-ACL (27.8%) .......................................................................................
Area 3 Sub-ACL (39%) ..........................................................................................
Fixed Gear Set-Aside .............................................................................................
Research Set-Aside (RSA) * ...................................................................................
23,423 ....................................
9,483 ......................................
4,669 ......................................
4,128 ......................................
4,814 ......................................
0 .............................................
4,814 ......................................
0 .............................................
1,609 ......................................
239 .........................................
652 .........................................
2,181 ......................................
30 ...........................................
0 percent of each sub-ACL ...
Revised specifications
(mt)
23,423.
9,483.
3,669.
5,128.
4,814.
0.
4,814.
0.
2,609.
239.
652.
2,181.
30.
0 percent of each sub-ACL.
* Because RSA participants are not pursing RSA in 2021, we did not deduct it from the sub-ACLs. RSA will be revisited for 2023–2025
specifications.
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
Classification
DEPARTMENT OF COMMERCE
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 648, which was issued pursuant to
section 403(b), and is exempt from
review under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment on this in-season adjustment
because it would be unnecessary and
contrary to the public interest. This
action allocates a portion of the
management uncertainty buffer to the
ACL and Area 1A sub-ACL for the
remainder of the calendar year pursuant
to a previously published regulation
that provides no discretionary decisionmaking. This reallocation process was
the subject of prior notice and comment
rulemaking. The adjustment is routine
and formulaic, required by regulation,
and is expected by industry. The
potential to re-allocate the management
uncertainty buffer was also outlined in
the final 2021 herring specifications that
were published April 1, 2021, which
were developed through public notice
and comment. Further, this reallocation
provides additional economic
opportunity for the herring fleet. If
implementation of this action is delayed
to solicit public comment, the objective
of the fishery management plan to
achieve optimum yield in the fishery
could be compromised. Deteriorating
weather conditions during the latter part
of the fishing year may reduce fishing
effort, and could also prevent the ACL
from being fully harvested. This would
result in a negative economic impact on
vessels permitted to fish in this fishery.
Based on these considerations, NMFS
further finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the 30day delayed effectiveness period for the
reasons stated above.
National Oceanic and Atmospheric
Administration
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–23598 Filed 10–28–21; 8:45 am]
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BILLING CODE 3510–22–P
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50 CFR Part 660
[Docket No. 211026–0217]
RIN 0648–BK94
Fisheries Off West Coast States;
Emergency Action to Temporarily
Extend the Sablefish Primary Fishery
Season
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
AGENCY:
This emergency rule
temporarily extends the 2021 sablefish
primary fishery for vessels using bottom
longline gear from October 31, 2021, to
December 31, 2021. This action is
necessary to provide operational
flexibility so that vessels in the sablefish
primary fishery are able to fully harvest
their tier limits despite high economic
uncertainty in 2021. This action would
also extend the incidental halibut
retention allowance provision for the
primary fishery north of Point Chehalis,
Washington from October 31, 2021, to
December 7, 2021.
DATES: Effective October 29, 2021, until
December 31, 2021. Comments must be
received by November 29, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0095 by any of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
Go to https://www.regulations.gov and
enter NOAA–NMFS–2021–0095 in the
Search box, click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
SUMMARY:
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59873
Electronic Access
This emergency rule and supporting
documents, including a Supplemental
Information Report prepared for this
action, are accessible via the internet at
the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are also
available at the NMFS West Coast
Region website at: https://
www.fisheries.noaa.gov/species/westcoast-groundfish and at the Pacific
Fishery Management Council’s website
at https://www.pcouncil.org/managed_
fishery/groundfish/.
FOR FURTHER INFORMATION CONTACT:
Abbie Moyer, phone: 206–305–9601, or
email: Abbie.moyer@noaa.gov.
SUPPLEMENTARY INFORMATION: The
primary sablefish fishery tier program is
a limited access privilege program set
up under Amendment 14 to the Pacific
Coast Groundfish Fishery Management
Plan (PCGFMP); which was approved by
the Pacific Fishery Management Council
(Council) in 2000 and was implemented
by NMFS in 2001(66 FR 41152, August
7, 2001). Participants hold limited entry
permits with a pot gear and/or longline
gear endorsement and a sablefish
endorsement.
Under Amendment 14, as set out in
50 CFR 660.231, the permit holder of a
sablefish-endorsed permit receives a tier
limit, which is an annual share of the
sablefish catch allocation to this sector.
NMFS sets three different tier limits
through the biennial harvest
specifications and management
measures process (for the 2021 limits,
see 85 FR 79880, December, 11 2020);
and up to three permits may be stacked
at one time on a vessel participating in
the fishery. Stacked tier limits are
combined to provide a cumulative catch
limit for that vessel. After vessels have
caught their full tier limits, they are
allowed to move into other fisheries for
sablefish, specifically the daily trip limit
(DTL) fishery or the open access fishery,
or fisheries for other species.
Under Amendment 14, the sablefish
primary season has historically been
open from April 1 through October 31
of each year, though individual permit
holders may only fish up to their tier
limits so may be required to cease
fishing prior to October 31. These
season dates were put into regulation
during the development and
implementation of the fishery under
Amendment 14. Prior to the
implementation of Amendment 14, the
sablefish fishery had operated as a
‘derby’ style fishery, with a season
length lasting a few weeks to a few days.
Under Amendment 14, the fishery began
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]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59872-59873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23598]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210325-0071; RTID 0648-XB447]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustment to the 2021 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS increases the 2021 Atlantic herring annual catch limit
and Area 1A sub-annual catch limit by 1,000 metric tons (mt). This
action is required by the herring regulations when, based on data
through October 1, the New Brunswick weir fishery lands less than 3,012
mt of herring. This notice informs the public of these catch limit
changes.
DATES: Effective October 29, 2021, through December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, (978) 281-9196; or [email protected].
SUPPLEMENTARY INFORMATION: NMFS published final 2021 specifications for
the Atlantic Herring Fishery Management Plan on April 1, 2021 (86 FR
17081), establishing the 2021 annual catch limit (ACL) and area sub-
ACLs. Table 1 shows the original herring specifications for 2021 and
the specifications as revised by this action for the remainder of the
calendar year.
The NMFS Regional Administrator tracks herring landings in the New
Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h)
require that if the New Brunswick weir fishery landings through October
1 are determined to be less than 3,012 mt, then NMFS subtracts 1,000 mt
from the management uncertainty buffer and reallocates that amount to
the ACL and Area 1A sub-ACL. When such a determination is made, NMFS is
required to notify the New England Fishery Management Council and
publish the ACL and Area 1A sub-ACL adjustment in the Federal Register.
Information from Canada's Department of Fisheries and Oceans
indicates that the New Brunswick weir fishery landed 1,209 mt of
herring through October 1, 2021. Therefore, the Regional Administrator
determined that, effective October 29, 2021], 1,000 mt will be
reallocated from the management uncertainty buffer to the Area 1A sub-
ACL and the ACL. This 1,000 mt reallocation increases the Area 1A sub-
ACL from 1,609 mt to 2,609 mt and the ACL from 4,128 mt to 5,128 mt.
The revised specifications will be used to project when catch will
reach 92 percent of the Area 1A sub-ACL or 95 percent of the ACL for
the purpose of implementing a 2,000-pound (lb) (907-kilogram (kg))
herring possession limit in Area 1A or in all management areas,
respectively.
Table 1--Atlantic Herring Specifications for 2021
----------------------------------------------------------------------------------------------------------------
Original specifications (mt) Revised specifications (mt)
----------------------------------------------------------------------------------------------------------------
Overfishing Limit.............. 23,423................................. 23,423.
Acceptable Biological Catch.... 9,483.................................. 9,483.
Management Uncertainty......... 4,669.................................. 3,669.
Optimum Yield/ACL.............. 4,128.................................. 5,128.
Domestic Annual Harvest........ 4,814.................................. 4,814.
Border Transfer................ 0...................................... 0.
Domestic Annual Processing..... 4,814.................................. 4,814.
U.S. At-Sea Processing......... 0...................................... 0.
Area 1A Sub-ACL (28.9%)........ 1,609.................................. 2,609.
Area 1B Sub-ACL (4.3%)......... 239.................................... 239.
Area 2 Sub-ACL (27.8%)......... 652.................................... 652.
Area 3 Sub-ACL (39%)........... 2,181.................................. 2,181.
Fixed Gear Set-Aside........... 30..................................... 30.
Research Set-Aside (RSA) *..... 0 percent of each sub-ACL.............. 0 percent of each sub-ACL.
----------------------------------------------------------------------------------------------------------------
* Because RSA participants are not pursing RSA in 2021, we did not deduct it from the sub-ACLs. RSA will be
revisited for 2023-2025 specifications.
[[Page 59873]]
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was
issued pursuant to section 403(b), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on this in-season adjustment because it would be
unnecessary and contrary to the public interest. This action allocates
a portion of the management uncertainty buffer to the ACL and Area 1A
sub-ACL for the remainder of the calendar year pursuant to a previously
published regulation that provides no discretionary decision-making.
This reallocation process was the subject of prior notice and comment
rulemaking. The adjustment is routine and formulaic, required by
regulation, and is expected by industry. The potential to re-allocate
the management uncertainty buffer was also outlined in the final 2021
herring specifications that were published April 1, 2021, which were
developed through public notice and comment. Further, this reallocation
provides additional economic opportunity for the herring fleet. If
implementation of this action is delayed to solicit public comment, the
objective of the fishery management plan to achieve optimum yield in
the fishery could be compromised. Deteriorating weather conditions
during the latter part of the fishing year may reduce fishing effort,
and could also prevent the ACL from being fully harvested. This would
result in a negative economic impact on vessels permitted to fish in
this fishery. Based on these considerations, 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 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-23598 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-22-P
