81_FR_72210 81 FR 72008 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2016 Management Area 1A Seasonal Annual Catch Limit Harvested

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)

Page Range72008-72009
FR Document2016-25202

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 Issue 202 (Wednesday, October 19, 2016) 
[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

72008 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations based on scientific and fishery-based vessel per trip on April 2, 2016 (81 FR impracticable and contrary to the public knowledge; and 18541; March 31, 2016) after interest. Providing prior notice and an The directed shark fisheries in the considering the inseason retention limit opportunity for comment is Atlantic region exhibit a mixed species adjustment criteria listed at impracticable because the catch and composition, with a high abundance of § 635.24(a)(8). As NMFS announced in landings that need to be reduced are aggregated LCS caught in conjunction the 2016 shark season final rule (81 FR ongoing and must be reduced with hammerhead sharks. As a result, 44798; July 11, 2016), we increased the immediately to meet conservation and by slowing the harvest and reducing commercial Atlantic aggregated LCS and management objectives for the fishery. landings on a per-trip basis, both hammerhead shark retention limit from Continued fishing at those levels during fisheries could remain open for the 3 to 45 LCS other than sandbar per the time that notice and comment remainder of the year. vessel per trip after considering the would take place would likely result in • Effects of catch rates in one part of regulatory criteria. Based on dealer early closure of the fishery, contrary to the Atlantic region precluding vessels in reports through September 30, 2016, the objectives of the existing another part from having a reasonable approximately 34 percent and 54 conservation and management measures opportunity to harvest a portion of the percent of the aggregated LCS and in place for these species. These aggregated LCS management group hammerhead shark quotas remain, objectives include providing equitable quota. respectively. At this point in the season, fishing opportunities and ensuring that Based on dealer reports, and given fishermen in the Atlantic region may bycatch and discards are minimized. NMFS’ notice to the regulated not have an opportunity to fish in the Allowing fishing to continue at the community (80 FR 74999, December 1, region for the remainder of the year if existing rates even for a limited time is 2015; 81 FR 18541, March 31, 2016; and the retention limits are not reduced. contrary to these objectives and would 81 FR 44798, July 11, 2016) that a goal Accordingly, as of 11:30 p.m. local thus be impracticable. It would also be of this year’s fishery was to provide time October 19, 2016, NMFS is contrary to the public interest because fishing opportunities throughout the reducing the retention limit for the continued catch at the current rates, fishing season, NMFS has concluded commercial aggregated LCS and even for a limited period, could result that the aggregated LCS quota is being hammerhead shark management groups in eventual early quota closures and harvested too quickly to meet in the Atlantic region for directed shark potential overharvests. The AA also conservation and management goals for limited access permit holders from 45 finds good cause to waive the 30-day the fishery. If the harvest of these LCS other than sandbar sharks per delay in effective date pursuant to 5 species is not slowed down, the fishery vessel per trip to 25 LCS other than U.S.C. 553(d)(3) for the same reasons. would likely close in mid-October. sandbar sharks per vessel per trip. If the This action is required under Closing the fishery would prevent vessel is properly permitted to operate § 635.28(b)(2) and is exempt from fishermen from other parts of the as a charter vessel or headboat for HMS review under Executive Order 12866. Atlantic region from having the same and is engaged in a for-hire trip, in NMFS has concluded that reducing the opportunities to harvest the aggregated which case the recreational retention retention limit of the Atlantic aggregated LCS quota later in the year. limits for sharks and ‘‘no sale’’ LCS and hammerhead management On December 1, 2015 (80 FR 74999), provisions apply (§ 635.22(a) and (c)), or groups for directed shark limited access NMFS announced in a final rule that the if the vessel possesses a valid shark permit holders will slow the fishery aggregated LCS and hammerhead shark research permit under § 635.32 and a catch rates to allow the fishery fisheries management groups for the NMFS-approved observer is onboard, throughout the Atlantic region to remain Atlantic region would open on January then they are exempted from the open for the rest of the year. 1 with a quota of 168.9 metric tons (mt) retention limit adjustment. dressed weight (dw) (372,552 lb dw) Authority: 16 U.S.C. 1801 et seq. All other retention limits and shark and 27.1 mt dw (59,736 lb dw), fisheries in the Atlantic region remain Dated: October 14, 2016. respectively. NMFS had published a unchanged. This retention limit will Emily H. Menashes, proposed rule on August 18, 2015 (80 remain at 25 LCS other than sandbar Acting Director, Office of Sustainable FR 49974) and accepted public sharks per vessel per trip for the rest of Fisheries, National Marine Fisheries Service. comment. In the final rule, NMFS also the 2016 fishing season, or until NMFS [FR Doc. 2016–25299 Filed 10–14–16; 4:15 pm] announced that if it appeared that the announces via a notice in the Federal BILLING CODE 3510–22–P quota is being harvested too quickly, Register a fishery closure, is warranted. thus precluding fishing opportunities The boundary between the Gulf of throughout the entire region (e.g., if Mexico region and the Atlantic region is DEPARTMENT OF COMMERCE approximately 20 percent of the quota is defined at § 635.27(b)(1) as a line caught at the beginning of the year), beginning on the East Coast of Florida National Oceanic and Atmospheric NMFS would consider reducing the at the mainland at 25°20.4′ N. lat., Administration commercial retention limit to 3 or fewer proceeding due east. Any water and LCS other than sandbar sharks and then land to the north and east of that 50 CFR Part 648 later consider increasing the retention boundary is considered, for the [Docket No. 130408348–3835–02] limit to 45 LCS other than sandbar purposes of quota monitoring and sharks per vessel per trip around July RIN 0648–XE968 setting of quotas, to be within the 15, 2016, after considering the Atlantic region. Fisheries of the Northeastern United appropriate regulatory adjustment States; Atlantic Herring Fishery; 2016 jstallworth on DSK7TPTVN1PROD with RULES criteria. In March 2016, dealer reports Classification Management Area 1A Seasonal Annual indicated that landings had exceeded 20 Pursuant to 5 U.S.C. 553(b)(B), the Catch Limit Harvested percent of the quota, and NMFS Assistant Administrator for Fisheries, therefore reduced the commercial NOAA (AA), finds there is good cause AGENCY: National Marine Fisheries Atlantic aggregated LCS and to waive prior notice and an Service (NMFS), National Oceanic and hammerhead shark retention limit from opportunity for public comment on this Atmospheric Administration (NOAA), 36 to 3 LCS other than sandbar per action, as notice and comment would be Commerce. VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 72009 ACTION: Temporary rule; closure. Management Plan (FMP), NMFS must regulations at § 648.201(a)(1)(i) require prohibit, through notification in the such action to ensure that herring SUMMARY: NMFS is closing the directed Federal Register, herring vessel permit vessels do not exceed the 2016 sub-ACL fishery for Atlantic herring in Herring holders from fishing for, possessing, allocated to Area 1A. If implementation Management Area 1A, based on a transferring, receiving, landing, or of this closure is delayed to solicit prior projection that a prescribed trigger for selling more than 2,000 lb (907.2 kg) of public comment, the sub-ACL for Area that area has been reached. Federally herring per trip or calendar day in or 1A for this fishing year will likely be permitted vessels may not fish for, from the specified management area for exceeded, thereby undermining the possess, transfer, receive, land, or sell the remainder of the fishing year. conservation objectives of the FMP. If more than an incidental amount of The Regional Administrator has sub-ACLs are exceeded, the excess must Atlantic herring in or from Area 1A determined, based on vessel and dealer also be deducted from a future sub-ACL through December 31, 2016, and reports, state data, and other available and would reduce future fishing federally permitted dealers may not information, that the herring fleet will opportunities. NMFS further finds, purchase more than this incidental have caught 92 percent of the herring pursuant to 5 U.S.C. 553(d)(3), good amount of herring from federally sub-ACL allocated to Area 1A by cause to waive the 30-day delayed permitted vessels for the duration of this October 18, 2016. Therefore, effective effectiveness period for the reasons action. This action is necessary to 00:01 hr local time, October 18, 2016, stated above. comply with the regulations federally permitted vessels may not fish implementing the Atlantic Herring Authority: 16 U.S.C. 1801 et seq. for, catch, possess, transfer, land, or sell Fishery Management Plan and is more than 2,000 lb (907.2 kg) of herring Dated: October 13, 2016. intended to prevent over harvest in Area per trip or calendar day, in or from Area Emily H. Menashes, 1A. 1A through December 31, 2016. With Acting Director, Office of Sustainable DATES: Effective 00:01 hr local time, one exception, vessels that have entered Fisheries, National Marine Fisheries Service. October 18, 2016, through December 31, port before 00:01 hr local time, October [FR Doc. 2016–25202 Filed 10–14–16; 11:15 am] 2016. 18, 2016, may land and sell more than BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: 2,000 lb (907.2 kg) of herring from Area Shannah Jaburek, Fishery Management 1A from that trip. The exception Specialist, (978) 282–8456. provides that a vessel may transit DEPARTMENT OF COMMERCE through Area 1A with more than 2,000 SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric lb (907.2 kg) of herring on board, Regulations governing the Atlantic provided all herring was caught outside Administration herring fishery can be found at 50 CFR of Area 1A and all fishing gear is stowed part 648, including requirements for and not available for immediate use as 50 CFR Part 679 setting annual catch allocations. NMFS defined by § 648.2. In addition, all set the 2016 Area 1A sub-annual catch [Docket No. 150916863–6211–02] herring vessels must land in accordance limit (ACL) at 30,102 mt, based on an with state landing restrictions. RIN 0648–XE879 initial 2016 sub-ACL allocation of Effective 00:01 hr local time, October 31,200 mt, minus a deduction of 936 mt 18, 2016, federally permitted dealers Fisheries of the Exclusive Economic for research set-aside catch, plus an may not receive herring from federally Zone Off Alaska; Pacific Cod by Pot increase of 133 mt to account for permitted herring vessels that harvest Catcher/Processors in the Bering Sea unharvested 2014 catch. Additionally, more than 2,000 lb (907.2 kg) of herring and Aleutian Islands Management Area NMFS further reduced the Area 1A sub- from Area 1A through 2400 hr local ACL of 30,102 mt by 295 mt to allow for AGENCY: National Marine Fisheries time, December 31, 2016, unless it is Service (NMFS), National Oceanic and the fixed gear set-aside, that, if from a trip landed by a vessel that unharvested, will be added back into Atmospheric Administration (NOAA), entered port before 00:01 hr local time, Commerce. the Area 1A sub-ACL after November 1. October 18, 2016, and that catch is NMFS established these values in the ACTION: Temporary rule; closure. landed in accordance with state 2013 through 2015 specifications (78 FR regulations. SUMMARY: NMFS is prohibiting directed 61828, October 1, 2013) and a final rule fishing for Pacific cod by catcher/ implementing sub-ACL adjustments for Classification processors using pot gear in the Bering 2016 (81 FR 12420, March 9, 2015). For This action is required by 50 CFR part Sea and Aleutian Islands management Area 1A, NMFS restricts herring catch 648 and is exempt from review under area (BSAI). This action is necessary to to the seasonal period from June 1 Executive Order 12866. prevent exceeding the 2016 Pacific cod through December 31. NMFS prohibits NMFS finds good cause pursuant to 5 total allowable catch allocated to vessels from catching herring during the U.S.C. 553(b)(B) to waive prior notice catcher/processors using pot gear in the seasonal period from January 1 through and the opportunity for public comment BSAI. May 31. because it would be contrary to the The Administrator, Greater Atlantic public interest and impracticable. This DATES: Effective 1200 hours, Alaska Region, NMFS (Regional Administrator), action restricts the catch of herring in local time (A.l.t.), October 18, 2016, monitors the herring fishery catch in Area 1A for the remainder of the fishing through 2400 hours, A.l.t., December 31, each of the management areas based on year. Data indicating the herring fleet 2016. vessel and dealer reports, state data, and will have landed at least 92 percent of FOR FURTHER INFORMATION CONTACT: Josh jstallworth on DSK7TPTVN1PROD with RULES other available information. The the 2016 sub-ACL allocated to Area 1A Keaton, 907–586–7228. regulations at § 648.201 require that have only recently become available. SUPPLEMENTARY INFORMATION: NMFS when Regional Administrator projects Once these data become available, manages the groundfish fishery in the that herring catch will reach 92 percent NMFS is required by Federal regulation BSAI exclusive economic zone of the sub-ACL allocated in the Area 1A to implement a 2,000-lb (907.2-kg) according to the Fishery Management seasonal management area designated in herring possession limit for Area 1A Plan for Groundfish of the Bering Sea the Atlantic Herring Fishery through December 31, 2016. The and Aleutian Islands Management Area VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1


Document Created: 2016-10-19 02:11:59
Document Modified: 2016-10-19 02:11:59
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 00:01 hr local time, October 18, 2016, through December 31, 2016.
ContactShannah Jaburek, Fishery Management Specialist, (978) 282-8456.
FR Citation81 FR 72008 
RIN Number0648-XE96
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