80_FR_67876 80 FR 67664 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2015 Management Area 1A Seasonal Annual Catch Limit Harvested

80 FR 67664 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2015 Management Area 1A Seasonal Annual Catch Limit Harvested

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range67664-67664
FR Document2015-27997

NMFS is implementing a 2,000 lb possession limit for Atlantic herring in or from management Area 1A, based on the projection that 92 percent of the 2015 annual seasonal catch limit for that area will have been harvested by the effective date. Federally permitted vessels may not fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1A for the remainder of the fishing year, and federally permitted dealers may not purchase more than 2,000 lb (907.2 kg) of herring from federally permitted vessels for the duration of this action. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is intended to prevent over harvest in Area 1A.

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015) 
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Page 67664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27997]



[[Page 67664]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130919816-4205-02]
RIN 0648-XE292


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2015 Management Area 1A Seasonal 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: NMFS is implementing a 2,000 lb possession limit for Atlantic 
herring in or from management Area 1A, based on the projection that 92 
percent of the 2015 annual seasonal catch limit for that area will have 
been harvested by the effective date. Federally permitted vessels may 
not fish for, possess, transfer, receive, land, or sell more than 2,000 
lb (907.2 kg) of Atlantic herring in or from Area 1A for the remainder 
of the fishing year, and federally permitted dealers may not purchase 
more than 2,000 lb (907.2 kg) of herring from federally permitted 
vessels for the duration of this action. This action is necessary to 
comply with the regulations implementing the Atlantic Herring Fishery 
Management Plan and is intended to prevent over harvest in Area 1A.

DATES: Effective 1200 hr local time, November 2, 2015, through December 
31, 2015.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery can be found at 50 CFR part 648, including requirements for 
setting annual catch allocations. NMFS set the 2015 Area 1A sub-annual 
catch limit (ACL) at 30,585 mt, based on an initial 2015 sub-ACL 
allocation of 31,200 mt, minus a deduction of 936 mt for research set-
aside catch, plus an increase of 321 mt to account for unharvested 2013 
catch. NMFS established these values in the 2013 through 2015 
specifications (78 FR 61828, October 1, 2013) and a final rule 
implementing sub-ACL adjustments for 2015 (80 FR 7808, February 12, 
2015). For management Area 1A, NMFS restricts herring catch to the 
seasonal period from June 1 through December 31. NMFS prohibits vessels 
from catching herring during the seasonal period from January 1 through 
May 31.
    The Administrator, Greater Atlantic Region, NMFS (Regional 
Administrator), monitors the herring fishery catch in each of the 
management areas based on dealer reports, state data, and other 
available information. The regulations at Sec.  648.201 require that 
when Regional Administrator projects that herring catch will reach 92 
percent of the sub-ACL allocated in any of the four management areas 
designated in the Atlantic herring Fishery Management Plan (FMP), NMFS 
must prohibit, through notification in the Federal Register, herring 
vessel permit holders from fishing for, possessing, transferring, 
receiving, landing, or selling more than 2,000 lb (907.2 kg) of herring 
per trip or calendar day in or from the specified management area for 
the remainder of the fishing year.
    The Regional Administrator has determined, based on dealer reports, 
state data, and other available information, that the herring fleet 
will have caught 92 percent of the total herring sub-ACL allocated to 
Area 1A by November 2, 2015. Therefore, effective 1200 hr local time, 
November 2, 2015, federally permitted vessels may not fish for, catch, 
possess, transfer, land, or sell more than 2,000 lb (907.2 kg) of 
herring per trip or calendar day, in or from Area 1A through December 
31, 2015, except that vessels that have entered port before 1200 hr on 
November 2, 2015, may land and sell more than 2,000 lb (907.2 kg) of 
herring from Area 1A from that trip. In addition, due to state landing 
restrictions, all herring vessels must land in accordance with state 
regulations. 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. Effective 1200 hr on November 
2, 2015, federally permitted dealers may not receive herring from 
federally permitted herring vessels that harvest more than 2,000 lb 
(907.2 kg) of herring from Area 1A through 2400 hr local time, December 
31, 2015, unless it is from a trip landed by a vessel that entered port 
before 1200 hr on November 2, 2015, 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)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. This action severely 
restricts the catch of herring in Area 1A for the remainder of the 
fishing year. Data indicating the herring fleet will have landed at 
least 92 percent of the 2015 sub-ACL allocated to Area 1A have only 
recently become available. Once these data become available, NMFS is 
required by Federal regulation to implement a 2,000-lb (907.2-kg) 
possession limit for Area 1A through December 31, 2015. The regulations 
at Sec.  648.201(a)(1)(i) require such action to ensure that herring 
vessels do not exceed the 2015 sub-ACL allocated to Area 1A. If 
implementation of this closure is delayed to solicit prior public 
comment, the sub-ACL for 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. 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 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-27997 Filed 10-29-15; 4:15 pm]
 BILLING CODE 3510-22-P

67664 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations DEPARTMENT OF COMMERCE catching herring during the seasonal because it would be contrary to the period from January 1 through May 31. public interest and impracticable. This National Oceanic and Atmospheric The Administrator, Greater Atlantic action severely restricts the catch of Administration Region, NMFS (Regional Administrator), herring in Area 1A for the remainder of monitors the herring fishery catch in the fishing year. Data indicating the 50 CFR Part 648 each of the management areas based on herring fleet will have landed at least 92 dealer reports, state data, and other percent of the 2015 sub-ACL allocated [Docket No. 130919816–4205–02] available information. The regulations at to Area 1A have only recently become RIN 0648–XE292 § 648.201 require that when Regional available. Once these data become Administrator projects that herring available, NMFS is required by Federal Fisheries of the Northeastern United catch will reach 92 percent of the sub- regulation to implement a 2,000-lb States; Atlantic Herring Fishery; 2015 ACL allocated in any of the four (907.2-kg) possession limit for Area 1A Management Area 1A Seasonal Annual management areas designated in the through December 31, 2015. The Catch Limit Harvested Atlantic herring Fishery Management regulations at § 648.201(a)(1)(i) require AGENCY: National Marine Fisheries Plan (FMP), NMFS must prohibit, such action to ensure that herring Service (NMFS), National Oceanic and through notification in the Federal vessels do not exceed the 2015 sub-ACL Atmospheric Administration (NOAA), Register, herring vessel permit holders allocated to Area 1A. If implementation Commerce. from fishing for, possessing, of this closure is delayed to solicit prior ACTION: Temporary rule; closure. transferring, receiving, landing, or public comment, the sub-ACL for Area selling more than 2,000 lb (907.2 kg) of 1A for this fishing year will likely be SUMMARY: NMFS is implementing a herring per trip or calendar day in or exceeded, thereby undermining the 2,000 lb possession limit for Atlantic from the specified management area for conservation objectives of the FMP. If herring in or from management Area 1A, the remainder of the fishing year. sub-ACLs are exceeded, the excess must based on the projection that 92 percent The Regional Administrator has also be deducted from a future sub-ACL of the 2015 annual seasonal catch limit determined, based on dealer reports, and would reduce future fishing for that area will have been harvested by state data, and other available opportunities. NMFS further finds, the effective date. Federally permitted information, that the herring fleet will pursuant to 5 U.S.C 553(d)(3), good vessels may not fish for, possess, have caught 92 percent of the total cause to waive the 30-day delayed transfer, receive, land, or sell more than herring sub-ACL allocated to Area 1A by effectiveness period for the reasons 2,000 lb (907.2 kg) of Atlantic herring in November 2, 2015. Therefore, effective stated above. or from Area 1A for the remainder of the 1200 hr local time, November 2, 2015, federally permitted vessels may not fish Authority: 16 U.S.C. 1801 et seq. fishing year, and federally permitted dealers may not purchase more than for, catch, possess, transfer, land, or sell Dated: October 29, 2015. 2,000 lb (907.2 kg) of herring from more than 2,000 lb (907.2 kg) of herring Emily H. Menashes, federally permitted vessels for the per trip or calendar day, in or from Area Acting Director, Office of Sustainable duration of this action. This action is 1A through December 31, 2015, except Fisheries, National Marine Fisheries Service. necessary to comply with the that vessels that have entered port [FR Doc. 2015–27997 Filed 10–29–15; 4:15 pm] regulations implementing the Atlantic before 1200 hr on November 2, 2015, BILLING CODE 3510–22–P Herring Fishery Management Plan and may land and sell more than 2,000 lb is intended to prevent over harvest in (907.2 kg) of herring from Area 1A from Area 1A. that trip. In addition, due to state DEPARTMENT OF COMMERCE landing restrictions, all herring vessels DATES: Effective 1200 hr local time, National Oceanic and Atmospheric must land in accordance with state November 2, 2015, through December Administration regulations. A vessel may transit 31, 2015. through Area 1A with more than 2,000 FOR FURTHER INFORMATION CONTACT: 50 CFR Part 660 lb (907.2 kg) of herring on board, Shannah Jaburek, Fishery Management provided all herring was caught outside Specialist, (978) 282–8456. [Docket No. 140904754–5188–02] of Area 1A and all fishing gear is stowed SUPPLEMENTARY INFORMATION: and not available for immediate use as RIN 0648–BF44 Regulations governing the Atlantic defined by § 648.2. Effective 1200 hr on herring fishery can be found at 50 CFR Magnuson-Stevens Act Provisions; November 2, 2015, federally permitted part 648, including requirements for Fisheries Off West Coast States; dealers may not receive herring from setting annual catch allocations. NMFS Pacific Coast Groundfish Fishery; federally permitted herring vessels that set the 2015 Area 1A sub-annual catch 2015–2016 Biennial Specifications and harvest more than 2,000 lb (907.2 kg) of limit (ACL) at 30,585 mt, based on an Management Measures; Inseason herring from Area 1A through 2400 hr initial 2015 sub-ACL allocation of Adjustments local time, December 31, 2015, unless it 31,200 mt, minus a deduction of 936 mt is from a trip landed by a vessel that AGENCY: National Marine Fisheries for research set-aside catch, plus an entered port before 1200 hr on Service (NMFS), National Oceanic and increase of 321 mt to account for November 2, 2015, and that catch is Atmospheric Administration (NOAA), unharvested 2013 catch. NMFS landed in accordance with state Commerce. established these values in the 2013 regulations. ACTION: Final rule; inseason adjustments through 2015 specifications (78 FR to biennial groundfish management mstockstill on DSK4VPTVN1PROD with RULES 61828, October 1, 2013) and a final rule Classification measures. implementing sub-ACL adjustments for This action is required by 50 CFR part 2015 (80 FR 7808, February 12, 2015). 648 and is exempt from review under SUMMARY: This final rule announces For management Area 1A, NMFS Executive Order 12866. inseason changes to management restricts herring catch to the seasonal NMFS finds good cause pursuant to 5 measures in the Pacific Coast groundfish period from June 1 through December U.S.C. 553(b)(B) to waive prior notice fisheries. This action, which is 31. NMFS prohibits vessels from and the opportunity for public comment authorized by the Pacific Coast VerDate Sep<11>2014 16:38 Nov 02, 2015 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1


Document Created: 2018-03-01 11:33:05
Document Modified: 2018-03-01 11:33:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 1200 hr local time, November 2, 2015, through December 31, 2015.
ContactShannah Jaburek, Fishery Management Specialist, (978) 282-8456.
FR Citation80 FR 67664 
RIN Number0648-XE29
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