82 FR 48936 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the Atlantic Herring Management Area 1A Annual Catch Limit
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 203 (October 23, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 203 (October 23, 2017)
| Page Range | 48936-48937 | |
| FR Document | 2017-22861 |
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)] [Rules and Regulations] [Pages 48936-48937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22861] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151215999-6960-02] RIN 0648-XF774 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the Atlantic Herring Management Area 1A Annual Catch Limit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS is adjusting the 2017 fishing year annual catch limit for Atlantic Herring Management Area 1A due to an underharvest in the New Brunswick weir fishery. This action is necessary to comply with the 2016-2018 specifications and management measures for the Atlantic Herring Fishery Management. DATES: Effective October 24, 2017, through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, 978-282-8457, Fax 978-281-9135. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery are found at 50 CFR part 648. The regulations require annual specification of the overfishing limit, acceptable biological catch (ABC), annual catch limit (ACL), optimum yield (OY), domestic harvest and processing, U.S. at-sea processing, border transfer, and sub-annual catch limits (sub-ACL) for each management area. The 2017 Domestic Annual Harvest was set as 104,800 metric tons (mt); an additional 9,384 mt was added to the sub-ACLs for the four herring management areas collectively from an underharvest during the 2015 fishing year, and 3 percent of herring catch was set aside for research in the 2016-2018 specifications (81 FR 75731, November 1, 2016). The ACL for the 2017 fishing [[Page 48937]] year was 101,656 mt, and the adjusted ACL allocated to Area 1A was 31,115 mt. Due to the variability of Canadian catch in the New Brunswick weir fishery, a 1,000-mt portion of the 4,000-mt buffer between ABC and OY (the buffer to account for Canadian catch) is allocated to Area 1A, provided New Brunswick weir landings are lower than the amount specified in the buffer. The NMFS Regional Administrator is required to monitor the fishery landings in the New Brunswick weir fishery each year. If New Brunswick weir fishery herring catch through October 1 is less than 4,000 mt, then 1,000 mt will be subtracted from the management uncertainty buffer and allocated to the ACL and Area 1A sub-ACL. When such a determination is made, NMFS is required to publish a notification in the Federal Register to adjust the ACL and the Area 1A sub-ACL upward for the remainder of the fishing year. The Regional Administrator has determined, based on the best available information, that the New Brunswick weir fishery catch for fishing year 2017 through October 1, 2017, was 1,732 mt. Therefore, effective October 24, 2017, through December 31, 2017, 1,000 mt will be allocated to the Area 1A sub-ACL, thereby increasing the fishing year 2017 Area 1A sub-ACL from 31,115 mt to 32,115 mt. Because this increase to a sub-ACL also increases the stock-wide ACL, this allocation increases the 2017 stock-wide ACL from 101,656 mt to 102,656 mt. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it is impracticable and contrary to the public interest. This action increases the sub-ACL for Area 1A by 1,000 mt (31,115 mt to 32,115 mt) through December 31, 2017, thereby relieving a more restrictive catch limit. The regulations at 50 CFR 648.201(f) require such action to help mitigate some of the negative economic effects associated with the reduction in the Area 1A sub-ACL in the 2016-2018 specifications process. The herring fishery extends from January 1 to December 31. Data indicating the New Brunswick weir fishery landed less than 4,000 mt through October 1, 2017, only recently became available. Allowing for prior notice and public comment on this adjustment is impracticable because regulations require this allocation to occur as quickly as is practicable and for the remainder of the fishing year. Because the Management Area 1A fishery is generally fully prosecuted and closed between mid-October and mid- November, a delay in implementation of this action may result in the 1,000-mt allocation occurring after closure of Area 1A. If this occurred, it is unlikely that the additional 1,000 mt would be enough to warrant reopening the 1A fishery, and would thus result in incomplete harvest of the 1A sub-ACL. Further, this is a nondiscretionary action required by provisions in the 2016-2018 Atlantic Herring Specifications and Management Measures (herring specifications), which previously provided notice to the public that this 1,000 mt allocation would occur if the Canadian catch level was sufficiently low, and offered full opportunity to comment on this. The adjustment required by the regulation is formulaic. It does not change existing regulations, but simply puts the predetermined adjustment into effect. 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 17, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-22861 Filed 10-20-17; 8:45 am] BILLING CODE 3510-22-P
![48936 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations
d. If the mailpieces are mailed with a Package International Service We will publish an appropriate
postage statement, the mailer must items.* * * amendment to 39 CFR part 20 to reflect
certify on the postage statement that the * * * * * these changes.
mailpieces contain no dangerous
292.2 Eligibility Stanley F. Mires,
materials that are prohibited by postal
regulations. Attorney, Federal Compliance.
* * * * *
[FR Doc. 2017–22748 Filed 10–20–17; 8:45 am]
e. The import regulations of the 292.25 Dutiable Items BILLING CODE 7710–12–P
destination country must allow
individual mailpieces without a [Revise the first sentence to read as
customs form affixed. follows (referring only to First-Class
Package International Service and DEPARTMENT OF COMMERCE
f. For IPA and ISAL mailings, the
removing an outdated reference to
mailer must pay with a permit imprint National Oceanic and Atmospheric
ordinary or insured Priority Mail
or with a combination postage method Administration
International items):]
(meter postage affixed to the piece and
additional postage by permit imprint). Dutiable items may be sent in 50 CFR Part 648
IPA and ISAL mailpieces that are paid accordance with the applicable rules in [Docket No. 151215999–6960–02]
for by postage solely with a meter do not this subchapter for First-Class Package
qualify for the ‘‘known mailer’’ International Service only. Priority Mail RIN 0648–XF774
exemption. International items may not be mailed
with IPA service. Fisheries of the Northeastern United
g. Failure to comply with the States; Atlantic Herring Fishery;
conditions in this section, or with any * * * * *
Adjustment to the Atlantic Herring
other applicable regulations or policies 293 International Surface Air Lift Management Area 1A Annual Catch
of the Postal Service or other relevant (ISAL) Service Limit
governmental authorities, may result in
the suspension or revocation of 293.1 Description AGENCY: National Marine Fisheries
eligibility to mail items without a 293.11 General Service (NMFS), National Oceanic and
customs form affixed pursuant to this Atmospheric Administration (NOAA),
section. For example, a suspension or [Revise the second sentence to include Commerce.
revocation may result when the mailer content-based requirements, to read as ACTION: Temporary rule; inseason
fails to ensure his or her compliance follows:] adjustment.
with 510, 520, 530, or 540, such as International Surface Air Lift (ISAL)
ensuring that no mailings are sent to SUMMARY: NMFS is adjusting the 2017
service, including ISAL M-bags, is a
persons blocked from transacting in fishing year annual catch limit for
commercial service designed for volume
such items by the federal agencies Atlantic Herring Management Area 1A
mailings of all First-Class Mail
described in those IMM sections. due to an underharvest in the New
International postcards, letters, and
Brunswick weir fishery. This action is
* * * * * large envelopes (flats), and for volume
necessary to comply with the 2016–
mailings of First-Class Package
2 Conditions for Mailing 2018 specifications and management
International Service packages (small
measures for the Atlantic Herring
* * * * * packets). The sender must prepare
Fishery Management.
mailpieces in accordance with the
290 Commercial Services requirements of this subchapter and DATES: Effective October 24, 2017,
with the content-based and shape-based through December 31, 2017.
* * * * *
requirements of the applicable service— FOR FURTHER INFORMATION CONTACT:
292 International Priority Airmail see 240 for First-Class Mail International Daniel Luers, Fishery Management
(IPA) Service items, and see 250 for First-Class Specialist, 978–282–8457, Fax 978–281–
292. 1 Description Package International Service 9135.
items.* * * SUPPLEMENTARY INFORMATION:
292.11 General Regulations governing the Atlantic
* * * * *
[Revise the second sentence to read as herring fishery are found at 50 CFR part
293.2 Eligibility 648. The regulations require annual
follows (including content-based
requirements):] * * * * * specification of the overfishing limit,
acceptable biological catch (ABC),
International Priority Airmail (IPA) 293.25 Dutiable Items annual catch limit (ACL), optimum
service, including IPA M-bags, is a [Revise the first sentence to read as yield (OY), domestic harvest and
commercial service designed for volume follows (referring only to First-Class processing, U.S. at-sea processing,
mailings of all First-Class Mail Package International Service and border transfer, and sub-annual catch
International postcards, letters, and removing an outdated reference to limits (sub-ACL) for each management
large envelopes (flats), and for volume ordinary or insured Priority Mail area. The 2017 Domestic Annual
mailings of First-Class Package International items):] Harvest was set as 104,800 metric tons
International Service packages (small (mt); an additional 9,384 mt was added
jstallworth on DSKBBY8HB2PROD with RULES
packets). The sender must prepare Dutiable items may be sent in to the sub-ACLs for the four herring
mailpieces in accordance with the accordance with the applicable rules in management areas collectively from an
requirements of this subchapter and this subchapter for First-Class Package underharvest during the 2015 fishing
with the content-based and shape-based International Service only. Priority Mail year, and 3 percent of herring catch was
requirements of the applicable service— International items may not be mailed set aside for research in the 2016–2018
see 240 for First-Class Mail International with ISAL service. specifications (81 FR 75731, November
items, and see 250 for First-Class * * * * * 1, 2016). The ACL for the 2017 fishing
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![Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations 48937
year was 101,656 mt, and the adjusted sub-ACL also increases the stock-wide generally fully prosecuted and closed
ACL allocated to Area 1A was 31,115 ACL, this allocation increases the 2017 between mid-October and mid-
mt. stock-wide ACL from 101,656 mt to November, a delay in implementation of
Due to the variability of Canadian 102,656 mt. this action may result in the 1,000-mt
catch in the New Brunswick weir Classification allocation occurring after closure of
fishery, a 1,000-mt portion of the 4,000- Area 1A. If this occurred, it is unlikely
mt buffer between ABC and OY (the This action is required by 50 CFR part that the additional 1,000 mt would be
buffer to account for Canadian catch) is 648 and is exempt from review under enough to warrant reopening the 1A
allocated to Area 1A, provided New Executive Order 12866. fishery, and would thus result in
The Assistant Administrator for incomplete harvest of the 1A sub-ACL.
Brunswick weir landings are lower than
Fisheries, NOAA (AA), finds good cause Further, this is a nondiscretionary
the amount specified in the buffer.
pursuant to 5 U.S.C. 553(b)(B) to waive action required by provisions in the
The NMFS Regional Administrator is prior notice and the opportunity for
required to monitor the fishery landings 2016–2018 Atlantic Herring
public comment because it is
in the New Brunswick weir fishery each Specifications and Management
impracticable and contrary to the public
year. If New Brunswick weir fishery Measures (herring specifications), which
interest. This action increases the sub-
herring catch through October 1 is less previously provided notice to the public
ACL for Area 1A by 1,000 mt (31,115 mt
than 4,000 mt, then 1,000 mt will be that this 1,000 mt allocation would
to 32,115 mt) through December 31,
subtracted from the management occur if the Canadian catch level was
2017, thereby relieving a more
uncertainty buffer and allocated to the sufficiently low, and offered full
restrictive catch limit. The regulations at
ACL and Area 1A sub-ACL. When such opportunity to comment on this. The
50 CFR 648.201(f) require such action to
a determination is made, NMFS is adjustment required by the regulation is
help mitigate some of the negative
required to publish a notification in the economic effects associated with the formulaic. It does not change existing
Federal Register to adjust the ACL and reduction in the Area 1A sub-ACL in the regulations, but simply puts the
the Area 1A sub-ACL upward for the 2016–2018 specifications process. The predetermined adjustment into effect.
remainder of the fishing year. herring fishery extends from January 1 NMFS further finds, pursuant to 5
The Regional Administrator has to December 31. Data indicating the U.S.C. 553(d)(3), good cause to waive
determined, based on the best available New Brunswick weir fishery landed less the 30-day delayed effectiveness period
information, that the New Brunswick than 4,000 mt through October 1, 2017, for the reasons stated above.
weir fishery catch for fishing year 2017 only recently became available. Authority: 16 U.S.C. 1801 et seq.
through October 1, 2017, was 1,732 mt. Allowing for prior notice and public Dated: October 17, 2017.
Therefore, effective October 24, 2017, comment on this adjustment is
through December 31, 2017, 1,000 mt impracticable because regulations Emily H. Menashes,
will be allocated to the Area 1A sub- require this allocation to occur as Acting Director, Office of Sustainable
ACL, thereby increasing the fishing year quickly as is practicable and for the Fisheries, National Marine Fisheries Service.
2017 Area 1A sub-ACL from 31,115 mt remainder of the fishing year. Because [FR Doc. 2017–22861 Filed 10–20–17; 8:45 am]
to 32,115 mt. Because this increase to a the Management Area 1A fishery is BILLING CODE 3510–22–P
jstallworth on DSKBBY8HB2PROD with RULES
VerDate Sep<11>2014 14:55 Oct 20, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\23OCR1.SGM 23OCR1](https://thefederalregister.org/doc/82_FR_49139/page/2.svg)
Document Created: 2017-10-21 02:35:55
Document Modified: 2017-10-21 02:35:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; inseason adjustment. | |
| Dates | Effective October 24, 2017, through December 31, 2017. | |
| Contact | Daniel Luers, Fishery Management Specialist, 978-282-8457, Fax 978-281-9135. | |
| FR Citation | 82 FR 48936 | |
| RIN Number | 0648-XF77 |
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