Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021 Closure of the Atlantic Herring Fishery, 67877-67878 [2021-26059]

Download as PDF Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. V. Congressional Review Act As required by the Congressional Review Act (5 U.S.C. 801–808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804. VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. VII. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 201 and 237 Government procurement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. Therefore, 48 CFR parts 201 and 237 are amended as follows: ■ 1. The authority citation for 48 CFR parts 201 and 237 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. lotter on DSK11XQN23PROD with RULES1 PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM 2. Revise section 201.170 to read as follows: ■ 201.170 Peer reviews. (a) DPC peer reviews. (1) The Office of the Principal Director, Defense Pricing VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 and Contracting (DPC), using the procedures at PGI 201.170, will organize teams of reviewers and facilitate peer reviews for solicitations and contracts as follows: (i) DPC will conduct the preaward peer reviews for competitive procurements prior to the three phases of the acquisition (see PGI 201.170–2(a)) for all procurements with an estimated value of $1 billion or more under major defense acquisition programs for which the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)) is the milestone decision authority or USD(A&S) designates as requiring a peer review regardless of value. DoD components may request DPC-led peer reviews for acquisitions valued below the $1 billion threshold. DPC will conduct these reviews upon approval by the Director, Defense Pricing and Contracting (Contract Policy). (ii) DPC will conduct the preaward peer reviews for noncompetitive procurements prior to the two phases of the acquisition (see PGI 201.170–2(b)) for contract actions, e.g., new contracts, modifications to existing contracts, requests for equitable adjustment, claims valued at $1 billion or more, or for any other contract action USD(A&S) designates as requiring a peer review regardless of value. DoD components may request DPC-led peer reviews for contract actions valued below the $1 billion threshold. DPC will conduct these reviews upon approval by the Director, Defense Pricing and Contracting (Price, Cost and Finance). (iii) Use the following criteria to identify actions that are subject to peer review (see also FAR 1.108(c), Dollar thresholds): (A) If the not-to-exceed amount for an undefinitized contract action or an unpriced change order exceeds the peer review threshold, then the resultant definitization modification(s) will be subject to peer review regardless of actual performance up to the point of definitization. (B) For indefinite delivery indefinite quantity (IDIQ) contracts that will establish pricing terms that apply to orders, use the total maximum dollar value for purposes of the peer review threshold. IDIQ contracts that will not establish pricing terms in the basic contract are not subject to peer review, but individual orders that exceed the threshold are subject to peer review. (C) For noncompetitive contract actions, use the greater of the following when considering the firm requirement for all supplies or services: (1) The approved Government objective amount. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 67877 (2) The contractor proposed amount. (2) To facilitate planning for peer reviews, the military departments and defense agencies shall provide a rolling annual forecast of acquisitions that will be subject to DPC peer reviews at the end of each quarter (i.e., March 31; June 30; September 30; December 31). (i) Military departments and defense agencies shall submit quarterly forecasts for competitive peer reviews to the Director, Defense Pricing and Contracting (Contract Policy), at osd.pentagon.ousd-a-s.mbx.dpc-cp@ mail.mil. (ii) Military departments and defense agencies shall submit quarterly forecasts for noncompetitive peer reviews to the Director, Defense Pricing and Contracting (Price, Cost and Finance), at osd.pentagon.ousd-a-s.mbx.dpc-pcf@ mail.mil. (b) Component peer reviews. The military departments and defense agencies shall establish procedures for— (1) Preaward peer reviews of solicitations for competitive procurements not subject to paragraph (a)(1)(i) of this section; and (2) Preaward peer reviews of noncompetitive procurements not subject to paragraph (a)(1)(ii) of this section. PART 237—SERVICE CONTRACTING 237.102–76 [Removed and Reserved] 3. Remove and reserve section 237.102–76. ■ [FR Doc. 2021–25733 Filed 11–29–21; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 210325–0071; RTID 0648– XB612] Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021 Closure of the Atlantic Herring Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. AGENCY: NMFS is closing the Atlantic herring fishery and implementing a 2,000-lb (907.2-kg) possession limit for herring in all Herring Management Areas. This is required because NMFS projects that herring catch will reach 95 percent of the annual catch limit before SUMMARY: E:\FR\FM\30NOR1.SGM 30NOR1 lotter on DSK11XQN23PROD with RULES1 67878 Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations the end of the fishing year. This action is intended to prevent overharvest of herring, which would result in additional catch limit reductions in a subsequent year. DATES: Effective 00:01 hr local time, November 25, 2021, through December 31, 2021. FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management Specialist, (978) 281–9196. SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater Atlantic Regional Office monitors Atlantic herring fishery catch based on vessel and dealer reports, state data, and other available information. Regulations at 50 CFR 648.201(a)(1)(ii) require that we close the herring fishery and implement a 2,000-lb (907.2-kg) possession limit for herring beginning on the date that catch is projected to reach 95 percent of the annual catch limit (ACL). Based on vessel reports, dealer reports, and other available information, the Regional Administrator projects that the herring fleet has caught 95 percent of the herring ACL by November 23, 2021. Therefore, effective 00:01 hr local time November 25, 2021, through December 31, 2021, a person may not attempt or do any of the following: Fish for; possess; transfer; purchase; receive; land; or sell more than 2,000 lb (907.2kg) of herring per trip or more than once per calendar day. Vessels that enter port before 00:01 hr local time on November 25, 2021, may land and sell more than 2,000 lb (907.2 kg) of herring from that trip, provided that catch is landed in accordance with state management measures and the herring were not caught in a Management Area already subject to a 2,000-lb (907.2-kg) possession limit. Also effective 00:01 hr local time, November 25, 2021, through 24:00 hr local time, December 31, federally permitted dealers may not attempt or do any of the following: Purchase; receive; possess; have custody or control of; sell; barter; trade; or transfer more than 2,000 lb (907.2 kg) of herring per trip or calendar day from a vessel, unless it is from a vessel that enters port before 00:01 hr local time on November 25, 2021, catch is landed in accordance with state management measures, and the herring were not caught in a Management Area already subject to a 2,000-lb (907.2-kg) possession limit. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. VerDate Sep<11>2014 15:56 Nov 29, 2021 Jkt 256001 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 is unnecessary, contrary to the public interest, and impracticable. Ample prior notice and opportunity for public comment on this action has been provided for the required implementation of this action. The requirement to implement this fishery closure was developed by the New England Fishery Management Council using public meetings that invited public comment on the measures when they were developed and considered along with alternatives. Further, the regulations requiring NMFS to implement this fishery closure also were subject to public notice and opportunity to comment. Herring fishing industry participants monitor catch closely and anticipate a potential fishery closure as the catch total approaches the ACL. The regulation provides NMFS with no discretion and is designed for implementation as quickly as possible to prevent catch from exceeding limits designed to prevent overfishing while allowing the fishery to achieve optimum yield. The 2021 Atlantic herring fishing year began on January 1, 2021. Data indicating that the Atlantic herring fleet will have landed at least 95 percent of the 2021 ACL only recently became available. High-volume catch and landings in this fishery can increase total catch relative to the ACL quickly, especially in this fishing year where catch limits are unusually low. If implementation of this fishery closure is delayed to solicit prior public comment, the 2021 herring ACL will likely be further exceeded; thereby undermining the conservation objectives of the Atlantic Herring Fishery Management Plan (FMP). When the ACL is exceeded, the excess must be deducted from a future ACL and reduces future fishing opportunities. The public expects these fishery closure actions to occur in a timely way consistent with the FMP’s objectives. For the reasons stated above, NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: November 24, 2021. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–26059 Filed 11–24–21; 4:15 pm] BILLING CODE 3510–22–P PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210217–0022; RTID 0648– XB113] Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Atka mackerel in the Bering Sea subarea and Eastern Aleutian District (BS/EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector fishery. This action is necessary to prevent exceeding the 2021 total allowable catch (TAC) of Atka mackerel in the BS/EAI allocated to vessels participating in the BSAI trawl limited access sector fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 24, 2021, through 2400 hrs, A.l.t., December 31, 2021. SUMMARY: FOR FURTHER INFORMATION CONTACT: Allyson Olds, 907–586–7228. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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 2021 TAC of Atka mackerel, in the BS/EAI, allocated to vessels participating in the BSAI trawl limited access sector fishery was established as a directed fishing allowance of 2,209 metric tons by the final 2021 and 2022 harvest specifications for groundfish in the BSAI (86 FR 11449, February 25, 2021). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the BS/EAI by vessels participating in the BSAI trawl limited SUPPLEMENTARY INFORMATION: E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67877-67878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26059]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210325-0071; RTID 0648-XB612]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2021 Closure of the Atlantic Herring Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS is closing the Atlantic herring fishery and implementing 
a 2,000-lb (907.2-kg) possession limit for herring in all Herring 
Management Areas. This is required because NMFS projects that herring 
catch will reach 95 percent of the annual catch limit before

[[Page 67878]]

the end of the fishing year. This action is intended to prevent 
overharvest of herring, which would result in additional catch limit 
reductions in a subsequent year.

DATES: Effective 00:01 hr local time, November 25, 2021, through 
December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management 
Specialist, (978) 281-9196.

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors Atlantic herring fishery catch based 
on vessel and dealer reports, state data, and other available 
information. Regulations at 50 CFR 648.201(a)(1)(ii) require that we 
close the herring fishery and implement a 2,000-lb (907.2-kg) 
possession limit for herring beginning on the date that catch is 
projected to reach 95 percent of the annual catch limit (ACL).
    Based on vessel reports, dealer reports, and other available 
information, the Regional Administrator projects that the herring fleet 
has caught 95 percent of the herring ACL by November 23, 2021. 
Therefore, effective 00:01 hr local time November 25, 2021, through 
December 31, 2021, a person may not attempt or do any of the following: 
Fish for; possess; transfer; purchase; receive; land; or sell more than 
2,000 lb (907.2-kg) of herring per trip or more than once per calendar 
day.
    Vessels that enter port before 00:01 hr local time on November 25, 
2021, may land and sell more than 2,000 lb (907.2 kg) of herring from 
that trip, provided that catch is landed in accordance with state 
management measures and the herring were not caught in a Management 
Area already subject to a 2,000-lb (907.2-kg) possession limit.
    Also effective 00:01 hr local time, November 25, 2021, through 
24:00 hr local time, December 31, federally permitted dealers may not 
attempt or do any of the following: Purchase; receive; possess; have 
custody or control of; sell; barter; trade; or transfer more than 2,000 
lb (907.2 kg) of herring per trip or calendar day from a vessel, unless 
it is from a vessel that enters port before 00:01 hr local time on 
November 25, 2021, catch is landed in accordance with state management 
measures, and the herring were not caught in a Management Area already 
subject to a 2,000-lb (907.2-kg) possession limit.

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 is 
unnecessary, contrary to the public interest, and impracticable. Ample 
prior notice and opportunity for public comment on this action has been 
provided for the required implementation of this action. The 
requirement to implement this fishery closure was developed by the New 
England Fishery Management Council using public meetings that invited 
public comment on the measures when they were developed and considered 
along with alternatives. Further, the regulations requiring NMFS to 
implement this fishery closure also were subject to public notice and 
opportunity to comment. Herring fishing industry participants monitor 
catch closely and anticipate a potential fishery closure as the catch 
total approaches the ACL. The regulation provides NMFS with no 
discretion and is designed for implementation as quickly as possible to 
prevent catch from exceeding limits designed to prevent overfishing 
while allowing the fishery to achieve optimum yield.
    The 2021 Atlantic herring fishing year began on January 1, 2021. 
Data indicating that the Atlantic herring fleet will have landed at 
least 95 percent of the 2021 ACL only recently became available. High-
volume catch and landings in this fishery can increase total catch 
relative to the ACL quickly, especially in this fishing year where 
catch limits are unusually low. If implementation of this fishery 
closure is delayed to solicit prior public comment, the 2021 herring 
ACL will likely be further exceeded; thereby undermining the 
conservation objectives of the Atlantic Herring Fishery Management Plan 
(FMP). When the ACL is exceeded, the excess must be deducted from a 
future ACL and reduces future fishing opportunities. The public expects 
these fishery closure actions to occur in a timely way consistent with 
the FMP's objectives. For the reasons stated above, NMFS also finds 
good cause to waive the 30-day delayed effectiveness in accordance with 
5 U.S.C 553(d)(3).
    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 24, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-26059 Filed 11-24-21; 4:15 pm]
BILLING CODE 3510-22-P