81 FR 72008 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2016 Management Area 1A Seasonal Annual Catch Limit Harvested

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 202 (October 19, 2016)

NMFS is closing the directed fishery for Atlantic herring in Herring Management Area 1A, based on a projection that a prescribed trigger for that area has been reached. Federally permitted vessels may not fish for, possess, transfer, receive, land, or sell more than an incidental amount of Atlantic herring in or from Area 1A through December 31, 2016, and federally permitted dealers may not purchase more than this incidental amount 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 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 72008-72009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130408348-3835-02]
RIN 0648-XE968


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2016 Management Area 1A Seasonal Annual Catch Limit Harvested

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

[[Page 72009]]


ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the directed fishery for Atlantic herring in 
Herring Management Area 1A, based on a projection that a prescribed 
trigger for that area has been reached. Federally permitted vessels may 
not fish for, possess, transfer, receive, land, or sell more than an 
incidental amount of Atlantic herring in or from Area 1A through 
December 31, 2016, and federally permitted dealers may not purchase 
more than this incidental amount 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 00:01 hr local time, October 18, 2016, through 
December 31, 2016.

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 2016 Area 1A sub-annual 
catch limit (ACL) at 30,102 mt, based on an initial 2016 sub-ACL 
allocation of 31,200 mt, minus a deduction of 936 mt for research set-
aside catch, plus an increase of 133 mt to account for unharvested 2014 
catch. Additionally, NMFS further reduced the Area 1A sub-ACL of 30,102 
mt by 295 mt to allow for the fixed gear set-aside, that, if 
unharvested, will be added back into the Area 1A sub-ACL after November 
1. 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 2016 (81 FR 12420, March 9, 2015). 
For 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 vessel and 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 the Area 1A seasonal management 
area 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 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 Area 1A by October 18, 2016. Therefore, effective 00:01 hr 
local time, October 18, 2016, 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, 2016. With one exception, vessels that have entered port 
before 00:01 hr local time, October 18, 2016, may land and sell more 
than 2,000 lb (907.2 kg) of herring from Area 1A from that trip. The 
exception provides that 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. In addition, all 
herring vessels must land in accordance with state landing 
restrictions.
    Effective 00:01 hr local time, October 18, 2016, 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, 2016, unless it 
is from a trip landed by a vessel that entered port before 00:01 hr 
local time, October 18, 2016, 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 
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 2016 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) 
herring possession limit for Area 1A through December 31, 2016. The 
regulations at Sec.  648.201(a)(1)(i) require such action to ensure 
that herring vessels do not exceed the 2016 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 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-25202 Filed 10-14-16; 11:15 am]
 BILLING CODE 3510-22-P