83 FR 53824 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2018 Management Area 1B Directed Fishery Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 207 (October 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 207 (October 25, 2018)
| Page Range | 53824-53825 | |
| FR Document | 2018-23350 |
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)] [Rules and Regulations] [Pages 53824-53825] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23350] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No: 151215999-6960-02] RIN 0648-XG512 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2018 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. ----------------------------------------------------------------------- SUMMARY: Effective October 24, 2018, NMFS is closing the directed herring fishery in management Area 1B, 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 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day in or from Area 1B through December 31, 2018. 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 overharvest of herring in Area 1B. DATES: Effective 0001 hr local time, October 24, 2018, through December 31, 2018. 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. NMFS originally set the 2018 Area 1B sub-annual catch limit (ACL) at 3,552 mt, based on an initial 2018 sub-ACL allocation of 4,500 mt, minus a deduction for research set-aside catch and a reduction due to an overage of the Area 1B sub-ACL in 2016. In August, 2018, NMFS further reduced the Area 1B sub-ACL from 3,552 mt to 2,639 mt (83 FR 42450, August 22, 2018). This reduction (along with reductions in herring Management Areas 1A, 2, and 3) was based on the findings of the 2018 Atlantic Herring Stock Assessment Report, which concluded that herring stocks have suffered historic lows in recruitment of juveniles into the population since 2013. The Stock Assessment Review Committee Panel [[Page 53825]] predicted that sharp cuts in future ACLs would be necessary to reduce the risk of overfishing, and recommended cuts be made in the 2018 catch. These cuts are intended to provide some conservation benefits for herring in 2018 and mitigate some of the impacts of estimated 2019 reductions on the herring industry. The Regional Administrator of NMFS for the Greater Atlantic Region 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 the Regional Administrator projects herring catch will reach 92 percent of the sub-ACL allocated in the Area 1B 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 that area for the remainder of the fishing year. 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 by October 24, 2018. Therefore, effective 0001 hr local time on October 24, 2018, through December 31, 2018, 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 and calendar day, in or from Area 1B. Vessels that have entered port before 0001 hr on October 24, 2018, may offload and sell more than 2,000 lb (907.2 kg) of herring from Area 1B from that trip. 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 50 CFR 648.2. Effective 0001 hr, October 24, 2018, 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, 2018, unless it is from a trip landed by a vessel that entered port before 0001 hr on October 24, 2018. 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. Further, in accordance with 5 U.S.C. 553(d)(3), NMFS finds good cause to waive the 30-day delayed effectiveness. NMFS is required by Federal regulation to immediately put in place a 2,000-lb (907.2-kg) herring trip limit for Area 1B through December 31, 2018. The 2018 herring fishing year opened on January 1, 2018, and Management Area 1B opened on May 1, 2018. Data indicating the herring fleet will have landed at least 92 percent of the 2018 sub-ACL allocated to Area 1B have only recently become available. Once these data become available projecting 92 percent of the sub-ACL will be caught, regulations at Sec. 648.201(a) require NMFS to close the directed fishery and impose a trip limit to ensure that herring vessels do not exceed the 2018 sub-ACL allocated to Area 1B. High-volume catch and landings in this fishery increase total catch relative to the sub-ACL quickly. 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 be deducted from a future sub-ACL and would reduce future fishing opportunities. In addition, the public had prior notice and full opportunity to comment on this process when these provisions were put in place. The public expects these actions to occur in a timely way consistent with the fishery management plan's objectives. Authority: 16 U.S.C. 1801 et seq. Dated: October 22, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-23350 Filed 10-22-18; 4:15 pm] BILLING CODE 3510-22-P
![53824 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
The commercial ACL (commercial This action is taken under 50 CFR DEPARTMENT OF COMMERCE
quota) for vermilion snapper in the 622.191(a)(6)(ii) and is exempt from
South Atlantic is divided into two 6- review under Executive Order 12866. National Oceanic and Atmospheric
month time periods, January through Administration
These measures are exempt from the
June, and July through December. For procedures of the Regulatory Flexibility
the July 1 through December 31, 2018, 50 CFR Part 648
Act because the temporary rule is issued
fishing season, the commercial quota is [Docket No: 151215999–6960–02]
without opportunity for prior notice and
388,703 lb (176,313 kg), gutted weight,
431,460 lb (195,707 kg), round weight comment. RIN 0648–XG512
(50 CFR 622.190(a)(4)(ii)(D)). As This action responds to the best
specified in 50 CFR 622.190(a)(4)(iii), scientific information available. The Fisheries of the Northeastern United
any unused portion of the commercial Assistant Administrator for NOAA States; Atlantic Herring Fishery; 2018
quota from the January through June Fisheries (AA) finds that the need to Management Area 1B Directed Fishery
2018, fishing season would be added to Closure
immediately implement this
the commercial quota for the July commercial trip limit reduction AGENCY: National Marine Fisheries
through December 2018, fishing season. constitutes good cause to waive the Service (NMFS), National Oceanic and
The unused portion of the quota that requirements to provide prior notice Atmospheric Administration (NOAA),
was not harvested during the January and opportunity for public comment Commerce.
through June fishing season, totaled pursuant to the authority set forth in 5 ACTION: Temporary rule; directed fishery
32,534 lb (14,757 kg) gutted weight, U.S.C. 553(b)(B), because prior notice closure.
36,113 lb (16,381 kg), round weight, and and opportunity for public comment on
was added to the July through December SUMMARY: Effective October 24, 2018,
this temporary rule is unnecessary and
2018 quota. This resulted in a 2018 NMFS is closing the directed herring
contrary to the public interest. Such
adjusted commercial quota, for the July fishery in management Area 1B, based
procedures are unnecessary, because the on a projection that a prescribed trigger
through December fishing season of
rule establishing the trip limit has for that area has been reached. Federally
421,237 lb (191,070 kg), gutted weight,
already been subject to notice and permitted vessels may not fish for,
467,573 lb (212,088 kg), round weight.
comment, and all that remains is to possess, transfer, receive, land, or sell
Under 50 CFR 622.191(a)(6)(ii), NMFS
notify the public of the trip limit more than 2,000 lb (907.2 kg) of Atlantic
is required to reduce the commercial
reduction. Prior notice and opportunity herring per trip or calendar day in or
trip limit for vermilion snapper from
for public comment is contrary to the from Area 1B through December 31,
1,000 lb (454 kg), gutted weight, 1,110
lb (503 kg), round weight, when 75 public interest, because any delay in 2018. Federally permitted dealers may
percent of the fishing season reducing the commercial trip limit not purchase more than 2,000 lb (907.2
commercial quota is reached or could result in the commercial quota kg) of herring from federally permitted
projected to be reached, by filing a being exceeded. There is a need to vessels for the duration of this action.
notification to that effect with the Office immediately implement this action to This action is necessary to comply with
of the Federal Register. The reduced protect the vermilion snapper resource, the regulations implementing the
commercial trip limit is 500 lb (227 kg), since the capacity of the fishing fleet Atlantic Herring Fishery Management
gutted weight, 555 lb (252 kg), round allows for rapid harvest of the Plan and is intended to prevent
weight. Based on current information, commercial quota. Prior notice and overharvest of herring in Area 1B.
NMFS has determined that 75 percent of opportunity for public comment on this DATES: Effective 0001 hr local time,
the available commercial quota for the action would require time and increase October 24, 2018, through December 31,
July through December 2018 fishing the probability that the commercial 2018.
season for vermilion snapper will be sector could exceed its quota. FOR FURTHER INFORMATION CONTACT:
reached by October 26, 2018. For the aforementioned reasons, the Daniel Luers, Fishery Management
Accordingly, NMFS is reducing the AA also finds good cause to waive the Specialist, (978) 282–8457.
commercial trip limit for vermilion SUPPLEMENTARY INFORMATION: The reader
30-day delay in the effectiveness of this
snapper to 500 lb (227 kg), gutted can find regulations governing the
action under 5 U.S.C. 553(d)(3).
weight, 555 lb (252 kg), round weight, herring fishery at 50 CFR part 648.
in or from the South Atlantic EEZ at Authority: 16 U.S.C. 1801 et seq. NMFS originally set the 2018 Area 1B
12:01 a.m., local time, on October 26, Dated: October 19, 2018. sub-annual catch limit (ACL) at 3,552
2018. This reduced commercial trip Karen H. Abrams, mt, based on an initial 2018 sub-ACL
limit will remain in effect until the start allocation of 4,500 mt, minus a
of the next commercial fishing season Acting Director, Office of Sustainable
deduction for research set-aside catch
Fisheries, National Marine Fisheries Service.
on January 1, 2019, or until the and a reduction due to an overage of the
commercial quota is reached and the [FR Doc. 2018–23271 Filed 10–24–18; 8:45 am]
Area 1B sub-ACL in 2016. In August,
commercial sector closes, whichever BILLING CODE 3510–22–P 2018, NMFS further reduced the Area
occurs first. 1B sub-ACL from 3,552 mt to 2,639 mt
Classification (83 FR 42450, August 22, 2018). This
reduction (along with reductions in
The Regional Administrator, herring Management Areas 1A, 2, and 3)
Southeast Region, NMFS, has was based on the findings of the 2018
daltland on DSKBBV9HB2PROD with RULES
determined this temporary rule is Atlantic Herring Stock Assessment
necessary for the conservation and Report, which concluded that herring
management of South Atlantic stocks have suffered historic lows in
vermilion snapper and is consistent recruitment of juveniles into the
with the Magnuson-Stevens Act and population since 2013. The Stock
other applicable laws. Assessment Review Committee Panel
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![Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations 53825
predicted that sharp cuts in future ACLs opportunity for public comment Atmospheric Administration (NOAA),
would be necessary to reduce the risk of because it would be contrary to the Commerce.
overfishing, and recommended cuts be public interest and impracticable. ACTION: Final rule.
made in the 2018 catch. These cuts are Further, in accordance with 5 U.S.C.
intended to provide some conservation 553(d)(3), NMFS finds good cause to SUMMARY: NMFS is implementing a
benefits for herring in 2018 and mitigate waive the 30-day delayed effectiveness. commercial framework adjustment to
some of the impacts of estimated 2019 NMFS is required by Federal regulation the Summer Flounder, Scup, and Black
reductions on the herring industry. to immediately put in place a 2,000-lb Sea Bass Fishery Management Plan that
The Regional Administrator of NMFS (907.2-kg) herring trip limit for Area 1B modifies the accountability measures
for the Greater Atlantic Region monitors through December 31, 2018. The 2018 required for overages not caused by
the herring fishery catch in each of the herring fishing year opened on January directed landings (i.e., discards) in the
management areas based on vessel and 1, 2018, and Management Area 1B summer flounder, scup, and black sea
dealer reports, state data, and other opened on May 1, 2018. Data indicating bass fisheries. This adjustment
available information. The regulations at the herring fleet will have landed at incorporates the status of the stocks into
§ 648.201 require that when the least 92 percent of the 2018 sub-ACL the accountability measures. This action
Regional Administrator projects herring allocated to Area 1B have only recently is intended to provide additional
catch will reach 92 percent of the sub- become available. Once these data flexibility in determining when
ACL allocated in the Area 1B seasonal become available projecting 92 percent accountability measures are appropriate,
management area designated in the of the sub-ACL will be caught, similar to the method already used in
Atlantic Herring Fishery Management regulations at § 648.201(a) require the recreational fisheries for these
Plan (FMP), NMFS must prohibit, NMFS to close the directed fishery and species.
through notification in the Federal impose a trip limit to ensure that DATES: Effective November 26, 2018.
Register, herring vessel permit holders herring vessels do not exceed the 2018 ADDRESSES: Copies of this framework
from fishing for, possessing, sub-ACL allocated to Area 1B. High- adjustment, including the
transferring, receiving, landing, or volume catch and landings in this Environmental Assessment (EA) and
selling more than 2,000 lb (907.2 kg) of fishery increase total catch relative to other supporting documents for the
herring per trip or calendar day in or the sub-ACL quickly. If implementation action, are available upon request from
from that area for the remainder of the of this closure is delayed to solicit prior Dr. Christopher M. Moore, Executive
fishing year. public comment, the sub-ACL for Area Director, Mid-Atlantic Fishery
The Regional Administrator has 1B for this fishing year may be Management Council, Suite 201, 800
determined, based on dealer reports and exceeded, thereby undermining the North State Street, Dover, DE 19901.
other available information, that the conservation objectives of the FMP. If These documents are also accessible via
herring fleet will catch 92 percent of the sub-ACLs are exceeded, the excess must the internet at http://www.mafmc.org/
total herring sub-ACL allocated to Area be deducted from a future sub-ACL and actions/sfsbsb-commercial-am-
1B by October 24, 2018. Therefore, would reduce future fishing framework.
effective 0001 hr local time on October opportunities. In addition, the public
24, 2018, through December 31, 2018, had prior notice and full opportunity to FOR FURTHER INFORMATION CONTACT:
federally permitted vessels may not fish comment on this process when these Cynthia Ferrio, Fishery Management
for, catch, possess, transfer, land, or sell provisions were put in place. The public Specialist, (978) 281–9180.
more than 2,000 lb (907.2 kg) of herring expects these actions to occur in a SUPPLEMENTARY INFORMATION:
per trip and calendar day, in or from timely way consistent with the fishery General Background
Area 1B. Vessels that have entered port management plan’s objectives.
before 0001 hr on October 24, 2018, may The summer flounder, scup, and
Authority: 16 U.S.C. 1801 et seq. black sea bass fisheries are managed
offload and sell more than 2,000 lb
(907.2 kg) of herring from Area 1B from Dated: October 22, 2018. cooperatively under the provisions of
that trip. A vessel may transit through Karen H. Abrams, the Summer Flounder, Scup, and Black
Area 1B with more than 2,000 lb (907.2 Acting Director, Office of Sustainable Sea Bass Fishery Management Plan
kg) of herring on board, provided the Fisheries, National Marine Fisheries Service. (FMP) developed by the Mid-Atlantic
vessel did not catch more than 2,000 lb [FR Doc. 2018–23350 Filed 10–22–18; 4:15 pm] Fishery Management Council and the
(907.2 kg) of herring in Area 1B and its BILLING CODE 3510–22–P Atlantic States Marine Fisheries
fishing gear is not available for Commission. This action implements a
immediate use as defined by 50 CFR modification to the Federal
648.2. DEPARTMENT OF COMMERCE accountability measures (AM) that are
Effective 0001 hr, October 24, 2018, enacted when the commercial annual
federally permitted dealers may not National Oceanic and Atmospheric catch limit (ACL) is exceeded due to
receive herring from federally permitted Administration discards for any of these three species.
herring vessels that harvest more than There are two types of commercial
2,000 lb (907.2 kg) of herring from Area 50 CFR Part 648 fishery AMs outlined in the summer
1B through 2400 hr local time, [Docket No. 180220191–8945–02] flounder, scup, and black sea bass
December 31, 2018, unless it is from a regulations. The first is a pound-for-
RIN 0648–BH80 pound overage repayment that is
trip landed by a vessel that entered port
before 0001 hr on October 24, 2018. applied when the commercial quota is
Fisheries of the Northeastern United
exceeded as a result of landings. This
daltland on DSKBBV9HB2PROD with RULES
Classification States; Summer Flounder, Scup, and
landings-based AM is not adjusted by
Black Sea Bass Fisheries; Commercial
This action is required by 50 CFR part this action. The second is a non-
Accountability Measures Framework
648 and is exempt from review under landings based AM that is applied to the
Adjustment
Executive Order 12866. NMFS finds commercial annual catch target (ACT) if
good cause pursuant to 5 U.S.C. AGENCY: National Marine Fisheries the ACL has been exceeded, and the
553(b)(B) to waive prior notice and the Service (NMFS), National Oceanic and overage is not caused by landings, but
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Document Created: 2018-10-25 01:46:02
Document Modified: 2018-10-25 01:46:02
| 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; directed fishery closure. | |
| Dates | Effective 0001 hr local time, October 24, 2018, through December 31, 2018. | |
| Contact | Daniel Luers, Fishery Management Specialist, (978) 282-8457. | |
| FR Citation | 83 FR 53824 | |
| RIN Number | 0648-XG51 |
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