81_FR_81922 81 FR 81699 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2016 Management Area 1B Directed Fishery Closure

81 FR 81699 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2016 Management Area 1B Directed Fishery Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81699-81700
FR Document2016-27833

NMFS is closing the directed herring fishery in management Area 1B, limiting catch from that area to 2,000 lb (907.2 kg) per trip and prohibiting landing more than once per calendar day, because it projects that 92 percent of the 2016 annual seasonal catch limit for that area will have been caught by the effective date. This action is necessary to comply with the regulations implementing the Atlantic Herring Fishery Management Plan and is intended to prevent over harvest of herring in Area 1B.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016) 
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81699-81700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27833]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130919816-4205-02]
RIN 0648-XF044


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2016 Management Area 1B Directed Fishery Closure

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

ACTION: Temporary rule; directed fishery closure.

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SUMMARY: NMFS is closing the directed herring fishery in management 
Area 1B, limiting catch from that area to 2,000 lb (907.2 kg) per trip 
and prohibiting landing more than once per calendar day, because it 
projects that 92 percent of the 2016 annual seasonal catch limit for 
that area will have been caught by the effective date. This action is

[[Page 81700]]

necessary to comply with the regulations implementing the Atlantic 
Herring Fishery Management Plan and is intended to prevent over harvest 
of herring in Area 1B.

DATES: Effective 0001 hr local time, November 18, 2016, through 
December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management 
Specialist, (978) 282-8457.

SUPPLEMENTARY INFORMATION: The reader can find regulations governing 
the herring fishery at 50 CFR part 648. The regulations require annual 
specification of the overfishing limit, acceptable biological catch, 
annual catch limit (ACL), optimum yield, domestic harvest and 
processing, U.S. at-sea processing, border transfer, and sub-ACLs for 
each management area. The 2016 Domestic Annual Harvest is 103,045 
metric tons (mt); the 2016 sub-ACL allocated to Area 1B is 4,600 mt, 
and 138 mt of the Area 1B sub-ACL is set aside for research (78 FR 
61828, October 4, 2013). The 2016 Area 1B sub-ACL was decreased to 
2,941 mt to account for the 1,521 mt overage in 2014 catch. For 
management Area 1B, the catch of sub-ACL is currently allocated to the 
seasonal period from May 1 through December 31. There is no catch 
currently allocated to the seasonal period from January 1 through April 
30. Therefore, under current regulations, vessels are prohibited from 
fishing for herring in or from Area 1B during the January 1 through 
April 30 period.
    The regulations at Sec.  648.201 require that when the NMFS 
Administrator of the Greater Atlantic Region (Regional Administrator) 
projects 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 will prohibit herring vessel permit 
holders from fishing for, catching, possessing, transferring, or 
landing more than 2,000 lb (907.2 kg) of herring per trip and landing 
more than once per calendar day in or from the specified management 
area for the remainder of the directed fishery closure period. The 
Regional Administrator monitors the herring fishery catch in each of 
the management areas based on dealer reports, state data, and other 
available information. NMFS publishes notification in the Federal 
Register of the date that the catch is projected to reach 92 percent of 
the management area sub-ACL, and of the closure of the directed fishery 
and a 2,000-lb (907.2-kg) trip possession limit in the management area 
for the remainder of the seasonal closure period. Vessels that have 
entered port before the closure date may offload and sell more than 
2,000 lb (907.2 kg) of herring from Area 1B, from that trip. During the 
directed fishery closure, vessels may transit Area 1B with more than 
2,000 lb (907.2 kg) of herring on board only under the conditions 
specified below.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the herring fleet will catch 92 
percent of the total herring sub-ACL allocated to Area 1B for the 2016 
seasonal period from May 1 through December 31, 2016, by November 18, 
2016. Therefore, effective 0001 hr local time, November 18, 2016, 
federally permitted vessels may not fish for, catch, possess, transfer, 
or land more than 2,000 lb (907.2 kg) of herring per trip and land more 
than once per calendar day, in or from Area 1B through December 31, 
2016, except that vessels that have entered port before 0001 hr on 
November 18, 2016, may offload and sell more than 2,000 lb (907.2 kg) 
of herring from Area 1B from that trip after the closure. During the 
directed fishery closure, November 18, 2016, through December 31, 2016, 
a vessel may transit through Area 1B with more than 2,000 lb (907.2 kg) 
of herring on board, provided the vessel did not catch more than 2,000 
lb (907.2 kg) of herring in Area 1B and its fishing gear is not 
available for immediate use as defined by Sec.  648.2. Effective 0001 
hr, November 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 1B through 2400 hr local time, 
December 31, 2016, unless it is from a trip landed by a vessel that 
entered port before 0001 hr on November 18, 2016. Under current 
regulations during the seasonal period from January 1, 2017, through 
April 30, 2017, vessels are prohibited from fishing for, catching, 
possessing, transferring, or landing herring from Area 1B during this 
seasonal period. Vessels may transit area 1B with herring on board 
provided such herring were caught in an area or areas with sub-ACL 
available and that all fishing gear is stowed and not available for 
immediate use as defined in Sec.  648.2, and the vessel is issued a 
permit that authorizes the amount of herring on board for the area 
where the herring was harvested. Beginning on May 1, 2017, the 2017 
allocation for Area 1B is expected to become available.

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. The herring fishery 
opened for the 2016 fishing year on January 1, 2016, and Management 
Area 1B opened on May 1, 2016. Data indicating the herring fleet will 
have landed at least 92 percent of the 2016 sub-ACL allocated to Area 
1B have only recently become available. Landings data is updated on a 
weekly basis, and NMFS monitors catch data on a daily basis as catch 
increases toward the limit for the area. Further, high-volume catch and 
landings in this fishery increase total catch relative to the sub-ACL 
quickly. This action is a required response to that recently available 
data and closes the directed herring fishery and imposes a 2,000-lb 
(907.2-kg) possession limit for Management Area 1B through December 31, 
2016, under current regulations. The regulations at Sec.  648.201(a) 
require such action to ensure that herring vessels do not exceed the 
2016 sub-ACL allocated to Area 1B. If implementation of this closure is 
delayed to solicit prior public comment, the sub-ACL for Area 1B for 
this fishing year may 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. Also, the public had prior notice and full opportunity 
to comment on this process when these provisions were put in place. 
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: November 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27833 Filed 11-15-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 81699 project that 90 percent of the Trimester percent of the catch of the stock has shown in Table 1, effective November 2 TAC was caught by November 7. occurred. However, data indicate that 15, 2016, through December 31, 2016. Effective November 15, 2016, the GB common pool vessels have caught This is intended to prevent the common Cod Trimester TAC Area is closed for approximately 35 percent of the total pool from exceeding its sub-annual the remainder of Trimester 2, through catch in Trimester 2 from outside the catch limit, but still allow for landing December 31, 2016, to all common pool statistical areas that will be affected by incidental catch of GB cod in areas not vessels fishing with trawl gear, sink the closure described above. Federal affected by the closure. gillnet gear, and longline/hook gear. The regulations at § 648.86(o) authorize the GB Cod Trimester TAC Area consists of Regional Administrator to adjust the On January 1, 2017, common pool statistical areas 521, 522, 525, and 561. possession and trip limits for common possession and trip limits for GB cod The area reopens at the beginning of pool vessels to prevent the overharvest will return to the initial limits set by Trimester 3 on January 1, 2017. or underharvest of the common pool Framework Adjustment 55 to the The intent of the trimester TAC area quotas. Therefore, the possession and Northeast Multispecies Fishery closure is to close the area where 90 trip limits for GB cod, are reduced as Management Plan (FMP). TABLE 1—REDUCED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD Permit Initial 2016 limits Reduced limits A DAS * (outside of the Eastern U.S./Canada Area) ....... 500 lb per DAS up to 2,500 lb per trip ..... 25 lb per DAS up to 50 lb per trip. A DAS (Eastern U.S./Canada Area) ................................ 100 lb per DAS up to 500 lb per trip ........ 25 lb per DAS up to 50 lb per trip. A DAS (Special Access Programs) .................................. 1,000 lb per trip ........................................ 50 lb per trip. Handgear A ....................................................................... 300 lb per trip ........................................... 25 lb per trip. Handgear B ....................................................................... 25 lb per trip ............................................. 25 lb per trip (unchanged). Regular B DAS Program .................................................. 100 lb per DAS up to 1,000 lb per trip ..... 25 lb per DAS up to 50 lb per trip. * Day-at-sea (DAS). If a vessel declared its trip through the Classification overage paybacks in a future trimester or Vessel Monitoring System (VMS) or the This action is required by 50 CFR part fishing year. interactive voice response system, and 648 and is exempt from review under Authority: 16 U.S.C. 1801 et seq. crossed the VMS demarcation line prior Executive Order 12866. Dated: November 15, 2016. to November 15, 2016, it may complete The Assistant Administrator for Emily H. Menashes, its trip within the Trimester TAC Area. Fisheries, NOAA, finds good cause Acting Director, Office of Sustainable Additionally, such vessels are not pursuant to 5 U.S.C. 553(b)(B) and 5 Fisheries, National Marine Fisheries Service. subject to the new possession and trip U.S.C. 553(d)(3) to waive prior notice [FR Doc. 2016–27826 Filed 11–15–16; 4:15 pm] limits for that trip. A vessel that has set and the opportunity for public comment BILLING CODE 3510–22–P gillnet gear prior to November 15, 2016, and the 30-day delayed effectiveness may complete its trip by hauling such period because it would be gear. impracticable and contrary to the public DEPARTMENT OF COMMERCE interest. Any overage of the Trimester 1 or 2 Regulations require the Regional TACs must be deducted from the National Oceanic and Atmospheric Administrator to close a trimester TAC Administration Trimester 3 TAC. Any uncaught portion area to the common pool fishery when of the Trimester 1 and Trimester 2 TACs 90 percent of the Trimester TAC for a 50 CFR Part 648 is carried over into the next trimester. If stock has been caught. Updated catch the common pool fishery exceeds its [Docket No. 130919816–4205–02] information only recently became sub-ACL for the 2016 fishing year, the available indicating that the common RIN 0648–XF044 overage must be deducted from the pool fishery caught 90 percent of its common pool’s sub-ACL for fishing year Trimester 2 TAC for GB cod by Fisheries of the Northeastern United 2017. However, any uncaught portion of November 7, 2016. The time necessary States; Atlantic Herring Fishery; 2016 the common pool’s sub-ACL may not be to provide for prior notice and Management Area 1B Directed Fishery carried over into the following fishing comment, and a 30-day delay in Closure year. effectiveness, prevents the immediate AGENCY: National Marine Fisheries Weekly quota monitoring reports for closure of the GB Cod Trimester 2 TAC Service (NMFS), National Oceanic and the common pool fishery are on our Area and reduction of the common Atmospheric Administration (NOAA), Web site at: http:// pool’s GB cod possession and trip Commerce. limits. Delaying the effective date of a ACTION: Temporary rule; directed fishery www.greateratlantic.fisheries.noaa.gov/ closure and possession and trip limit closure. ro/fso/MultiMonReports.htm. We will reduction increases the likelihood that continue to monitor common pool catch the common pool fishery will exceed its SUMMARY: NMFS is closing the directed through vessel trip reports, dealer- quota of GB cod to the detriment of this herring fishery in management Area 1B, mstockstill on DSK3G9T082PROD with RULES reported landings, VMS catch reports, stock, which could undermine limiting catch from that area to 2,000 lb and other available information, and, if management objectives of the Northeast (907.2 kg) per trip and prohibiting necessary, we will make additional Multispecies FMP. landing more than once per calendar adjustments to common pool Additionally, an overage of the day, because it projects that 92 percent management measures. common pool quota could cause of the 2016 annual seasonal catch limit negative economic impacts to the for that area will have been caught by common pool fishery as a result of the effective date. This action is VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1

81700 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations necessary to comply with the directed fishery and a 2,000-lb (907.2- herring was harvested. Beginning on regulations implementing the Atlantic kg) trip possession limit in the May 1, 2017, the 2017 allocation for Herring Fishery Management Plan and management area for the remainder of Area 1B is expected to become is intended to prevent over harvest of the seasonal closure period. Vessels that available. herring in Area 1B. have entered port before the closure date may offload and sell more than Classification DATES: Effective 0001 hr local time, November 18, 2016, through December 2,000 lb (907.2 kg) of herring from Area This action is required by 50 CFR part 31, 2016. 1B, from that trip. During the directed 648 and is exempt from review under FOR FURTHER INFORMATION CONTACT: fishery closure, vessels may transit Area Executive Order 12866. Daniel Luers, Fishery Management 1B with more than 2,000 lb (907.2 kg) of herring on board only under the NMFS finds good cause pursuant to 5 Specialist, (978) 282–8457. U.S.C. 553(b)(B) to waive prior notice SUPPLEMENTARY INFORMATION: The reader conditions specified below. The Regional Administrator has and the opportunity for public comment can find regulations governing the because it would be contrary to the determined, based on dealer reports and herring fishery at 50 CFR part 648. The public interest and impracticable. The other available information, that the regulations require annual specification herring fishery opened for the 2016 of the overfishing limit, acceptable herring fleet will catch 92 percent of the total herring sub-ACL allocated to Area fishing year on January 1, 2016, and biological catch, annual catch limit Management Area 1B opened on May 1, (ACL), optimum yield, domestic harvest 1B for the 2016 seasonal period from May 1 through December 31, 2016, by 2016. Data indicating the herring fleet and processing, U.S. at-sea processing, will have landed at least 92 percent of border transfer, and sub-ACLs for each November 18, 2016. Therefore, effective 0001 hr local time, November 18, 2016, the 2016 sub-ACL allocated to Area 1B management area. The 2016 Domestic have only recently become available. Annual Harvest is 103,045 metric tons federally permitted vessels may not fish for, catch, possess, transfer, or land Landings data is updated on a weekly (mt); the 2016 sub-ACL allocated to basis, and NMFS monitors catch data on Area 1B is 4,600 mt, and 138 mt of the more than 2,000 lb (907.2 kg) of herring per trip and land more than once per a daily basis as catch increases toward Area 1B sub-ACL is set aside for the limit for the area. Further, high- research (78 FR 61828, October 4, 2013). calendar day, in or from Area 1B through December 31, 2016, except that volume catch and landings in this The 2016 Area 1B sub-ACL was vessels that have entered port before fishery increase total catch relative to decreased to 2,941 mt to account for the 0001 hr on November 18, 2016, may the sub-ACL quickly. This action is a 1,521 mt overage in 2014 catch. For offload and sell more than 2,000 lb required response to that recently management Area 1B, the catch of sub- (907.2 kg) of herring from Area 1B from available data and closes the directed ACL is currently allocated to the that trip after the closure. During the herring fishery and imposes a 2,000-lb seasonal period from May 1 through directed fishery closure, November 18, (907.2-kg) possession limit for December 31. There is no catch 2016, through December 31, 2016, a Management Area 1B through December currently allocated to the seasonal vessel may transit through Area 1B with 31, 2016, under current regulations. The period from January 1 through April 30. more than 2,000 lb (907.2 kg) of herring regulations at § 648.201(a) require such Therefore, under current regulations, vessels are prohibited from fishing for on board, provided the vessel did not action to ensure that herring vessels do herring in or from Area 1B during the catch more than 2,000 lb (907.2 kg) of not exceed the 2016 sub-ACL allocated January 1 through April 30 period. herring in Area 1B and its fishing gear to Area 1B. If implementation of this The regulations at § 648.201 require is not available for immediate use as closure is delayed to solicit prior public that when the NMFS Administrator of defined by § 648.2. Effective 0001 hr, comment, the sub-ACL for Area 1B for the Greater Atlantic Region (Regional November 18, 2016, federally permitted this fishing year may be exceeded, Administrator) projects herring catch dealers may not receive herring from thereby undermining the conservation will reach 92 percent of the sub-ACL federally permitted herring vessels that objectives of the FMP. If sub-ACLs are allocated in any of the four management harvest more than 2,000 lb (907.2 kg) of exceeded, the excess must also be areas designated in the Atlantic Herring herring from Area 1B through 2400 hr deducted from a future sub-ACL and Fishery Management Plan (FMP), NMFS local time, December 31, 2016, unless it would reduce future fishing will prohibit herring vessel permit is from a trip landed by a vessel that opportunities. Also, the public had prior holders from fishing for, catching, entered port before 0001 hr on notice and full opportunity to comment possessing, transferring, or landing more November 18, 2016. Under current on this process when these provisions than 2,000 lb (907.2 kg) of herring per regulations during the seasonal period were put in place. Based on these trip and landing more than once per from January 1, 2017, through April 30, considerations, NMFS further finds, calendar day in or from the specified 2017, vessels are prohibited from fishing pursuant to 5 U.S.C. 553(d)(3), good management area for the remainder of for, catching, possessing, transferring, or cause to waive the 30-day delayed the directed fishery closure period. The landing herring from Area 1B during effectiveness period for the reasons Regional Administrator monitors the this seasonal period. Vessels may transit stated above. herring fishery catch in each of the area 1B with herring on board provided Authority: 16 U.S.C. 1801 et seq. management areas based on dealer such herring were caught in an area or Dated: November 15, 2016. reports, state data, and other available areas with sub-ACL available and that information. NMFS publishes all fishing gear is stowed and not Emily H. Menashes, notification in the Federal Register of available for immediate use as defined Acting Director, Office of Sustainable the date that the catch is projected to in § 648.2, and the vessel is issued a Fisheries, National Marine Fisheries Service. mstockstill on DSK3G9T082PROD with RULES reach 92 percent of the management permit that authorizes the amount of [FR Doc. 2016–27833 Filed 11–15–16; 4:15 pm] area sub-ACL, and of the closure of the herring on board for the area where the BILLING CODE 3510–22–P VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00060 Fmt 4700 Sfmt 9990 E:\FR\FM\18NOR1.SGM 18NOR1


Document Created: 2018-02-14 08:31:17
Document Modified: 2018-02-14 08:31:17
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; directed fishery closure.
DatesEffective 0001 hr local time, November 18, 2016, through December 31, 2016.
ContactDaniel Luers, Fishery Management Specialist, (978) 282-8457.
FR Citation81 FR 81699 
RIN Number0648-XF04
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