83_FR_6829 83 FR 6797 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2018 Management Area Annual Catch Limits

83 FR 6797 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2018 Management Area Annual Catch Limits

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range6797-6799
FR Document2018-03157

In accordance with the regulations implementing the Atlantic Herring Fishery Management Plan, this action adjusts the 2018 catch limits in the four herring management areas (Areas 1A, 1B, 2, and 3) to account for underages and overages in those areas during 2016. In order to ensure that the carryover of underages do not cause overfishing of the herring resource, management area-specific carryover does not increase the stock-wide annual catch limit. This action is necessary to ensure that NMFS accounts for herring catch consistent with the requirements of the Atlantic Herring Fishery Management Plan.

Federal Register, Volume 83 Issue 32 (Thursday, February 15, 2018)
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Rules and Regulations]
[Pages 6797-6799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03157]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 171213999-8128-01]
RIN 0648-XF898


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustments to 2018 Management Area Annual Catch Limits

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

ACTION: Temporary final rule; adjustment of specifications.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Atlantic 
Herring Fishery Management Plan, this action adjusts the 2018 catch 
limits in the four herring management areas (Areas 1A, 1B, 2, and 3) to 
account for underages and overages in those areas during 2016. In order 
to ensure that the carryover of underages do not cause overfishing of 
the herring resource, management area-specific carryover does not 
increase the stock-wide annual catch limit. This action is necessary to 
ensure that NMFS accounts for herring catch consistent with the 
requirements of the Atlantic Herring Fishery Management Plan.

DATES: Effective February 15, 2018, through December 31, 2018.

ADDRESSES: Copies of supporting documents, including the 2013-2015 
Specifications/Framework 2 and the 2016-2018 Specifications to the 
Atlantic Herring Fishery Management Plan (FMP), are available from the 
Sustainable Fisheries Division, Greater Atlantic Regional Fisheries 
Office, 55 Great Republic Drive, Gloucester, MA 01930, telephone (978) 
281-9315, or online at: https://www.nefmc.org/library/framework-2-2, 
http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html.

FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management 
Specialist, 978-281-9352.

[[Page 6798]]


SUPPLEMENTARY INFORMATION:

Background

    The Atlantic herring harvest in the United States is managed under 
the Atlantic Herring Fishery Management Plan (FMP) developed by the New 
England Fishery Management Council. The FMP divides the stock-wide 
herring annual catch limit (ACL) among three management areas, one of 
which has two sub-areas. It divides Area 1 (located in the Gulf of 
Maine (GOM)) into an inshore section (Area 1A) and an offshore section 
(Area 1B). Area 2 is located in the coastal waters between 
Massachusetts and North Carolina, and Area 3 is on Georges Bank (GB). 
The FMP considers the herring stock complex to be a single stock, but 
there are inshore (GOM) and offshore (GB) stock components. The GOM and 
GB stock components segregate during spawning and mix during feeding 
and migration. Each management area has its own sub-ACL to allow 
greater control of the fishing mortality on each stock component.
    NMFS issued a final rule that implemented Amendment 4 to the FMP 
(76 FR 11373, March 2, 2011) to address ACL and accountability measure 
(AM) requirements. As a way to account for ACL/sub-ACL overages in the 
herring fishery, Amendment 4 established an AM that requires NMFS to 
deduct any ACL/sub-ACL overages from the corresponding ACL/sub-ACL in 
the year following the catch overage determination. Amendment 4 also 
specified that NMFS will announce overage deductions in the Federal 
Register prior to the start of the fishing year, if possible.
    NMFS also published a final rule implementing Framework 2 to the 
FMP and the 2013-2015 specifications for the herring fishery on October 
4, 2013 (78 FR 61828). Among other measures, Framework 2 allowed for 
the carryover of unharvested allocations (underages) in the year 
immediately following the catch determination. Provided that annual 
total catch does not exceed the stock-wide ACL, up to 10 percent of 
each sub-ACL may be carried over and added to the following year's sub-
ACL. The carryover provision allows a sub-ACL increase for a management 
area, but it does not allow a corresponding increase to the stock-wide 
ACL.
    NMFS published the 2016-2018 specifications for the herring fishery 
on November 1, 2016 (81 FR 75731). Table 1 outlines the 2018 herring 
sub-ACLs, minus deductions for research set-aside catch (RSA) that were 
effective on January 1, 2018. RSA equal to 3 percent of each sub-ACL 
has been awarded to two research projects.

                                         Table 1--2018 Herring Sub-ACLs
                                                      [mt]
----------------------------------------------------------------------------------------------------------------
                                                                                  Research  set-
                                                                                     aside  (3    2018  sub-ACLs
                                                                   2018 sub-ACLs    percent  of     (minus RSA)
                                                                                     sub-ACLs)
----------------------------------------------------------------------------------------------------------------
Area 1A.........................................................          30,300             909          29,391
Area 1B.........................................................           4,500             135           4,365
Area 2..........................................................          29,100             873          28,227
Area 3..........................................................          40,900           1,227          39,673
Stock-wide......................................................         104,800           3,144         101,656
----------------------------------------------------------------------------------------------------------------

Provisions Implemented Through This Final Rule

    NMFS completed the 2016 catch determination in December 2017 and 
determined that the herring fishery caught more than its allocated 
catch in 2016 in Area 1B. To account for the overage, this action 
deducts the catch overage in Area 1B from the 2018 Area 1B sub-ACL. 
NMFS also determined that the herring fishery caught less than its 
total allocated catch in 2016 and was under the allocated catch in the 
three remaining herring management areas (Areas 1A, 2, and 3). As a 
result, this action carries over unharvested 2016 catch to the 2018 
herring sub-ACL in Areas 1A, 2, and 3. This carryover equals the amount 
of each area's underages, or up to 10 percent of the allocated 2016 
sub-ACL, whichever is less. Table 2 provides catch details for 2016 and 
corresponding adjustments for 2018 sub-ACLs.

                                                     Table 2--Herring Sub-ACLs, Catch, and Carryover
                                                                          [mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               2016        Carryover  *
                                                           Adjusted 2016    2016 catch      underages/       (up to 10     2018 sub-ACLs  Adjusted  2018
                                                             sub-ACLs                        overages        percent)       (minus RSA)      sub-ACLs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A.................................................          30,397          27,826           2,571           2,571          29,391          31,962
Area 1B.................................................           2,941           3,657            -716              NA           4,365           3,649
Area 2..................................................          32,100          13,456          18,644           2,910          28,227          31,137
Area 3..................................................          43,832          18,580          25,252           4,090          39,673          43,853
Stock-wide..............................................      ** 101,656          63,519          45,751              NA         101,656      ** 100,969
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Maximum carryover is based on 10 percent of the 2016 sub-ACLs: Area 1A = 30,300 mt; Area 1B = 4,500 mt; Area 2 = 29,100 mt; and Area 3 = 40,900 mt.
** The stock-wide ACL cannot be increased by carryover. The 2018 adjusted stock-wide ACL is decreased by the Area 1B overage.

    NMFS calculated the amount of herring landings in 2016 based on 
dealer reports (Federal and state) of herring purchases, supplemented 
by vessel trip reports (VTRs) and vessel monitoring system (VMS) 
reports (Federal and states of Maine and Massachusetts) of herring 
landings. NMFS generally uses dealer reports to estimate herring 
landings; however, if the amount of herring reported via VTR exceeded 
the amount of herring

[[Page 6799]]

reported by the dealer by 10 percent or more, NMFS assumes the dealer 
report for that trip was in error and uses the VTR report instead. NMFS 
assigns herring landings to individual herring management areas using 
VMS reports or latitude and longitude coordinates from VTR reports when 
a VMS report is not available. NMFS uses recent fishing activity to 
assign landings to a management area if dealer reports do not have a 
corresponding VTR or VMS catch report.
    NMFS estimates herring discards by extrapolating discards from 
herring trips observed by the Northeast Fisheries Observer Program to 
all herring trips (observed and unobserved) according to gear and 
herring management area. Because RSA is removed from management area 
sub-ACLs at the beginning of the fishery year, NMFS tracks RSA catch 
but does not count it towards the herring sub-ACLs.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), the NMFS Assistant Administrator 
has determined that this final rule is consistent with the FMP, other 
provisions of the MSA, and other applicable law.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action. Notice and 
comment are impracticable and contrary to the public interest because a 
delay would potentially impair achievement of the management plan's 
objectives of preventing overfishing and achieving optimum yield due by 
impairing a vessel's ability to harvest available catch allocations. 
Allowing for prior notice and public comment on this adjustment is also 
impracticable because regulations require notification of adjustments 
as close as possible to the start of the herring fishing year on 
January 1, 2018. We only recently received sufficient information to 
determine 2016 catch amount. Further, this is a nondiscretionary action 
required by provisions of Amendment 4 and Framework 2, which were 
previously subject to public notice and comment. The adjustments 
required by these regulations are formulaic; this action simply 
effectuates these mandatory calculations. The proposed and final rules 
for Framework 2 and Amendment 4 explained the need and likelihood for 
adjustments to the sub-ACLs based on final catch amounts. Framework 2, 
specifically, provided prior notice of the need to distribute carryover 
catch. These actions provided a full opportunity for the public to 
comment on the substance and process of this action.
    For the same reasons as noted above, there is good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make 
the rule effective upon publication in the Federal Register. To prevent 
confusion and potential overharvests, it will be in the best interest 
of the fleet and the herring resource to set the adjusted sub-ACLs as 
soon as possible. The adjustments in this notice increase the amount of 
catch available to fishermen, with the exception of Area 1B due to 
overharvest in 2016. Putting in place the adjusted sub-ACLs as soon as 
possible will provide the fleet with an opportunity to develop their 
business plans in sufficient time to facilitate their full harvest of 
available catch in the open areas.
    This action is required by 50 CFR part 648, subpart K and is exempt 
from review under Executive Order 12866.
    This final rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 12, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-03157 Filed 2-14-18; 8:45 am]
BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Rules and Regulations                                              6797

                                              Phase II support awarded in partnership                    Number of Respondents and                          partnership with New York’s New NY
                                              with New York’s New NY Broadband                        Responses: 1,599 unique respondents;                  Broadband Program.
                                              Program as adopted in FCC 17–2,                         3,731 responses.                                      Federal Communications Commission.
                                              paragraphs 69–70. If you have any                          Estimated Time per Response: 8–60
                                                                                                                                                            Marlene H. Dortch,
                                              comments on the burden estimates                        hours.
                                              listed below, or how the Commission                                                                           Secretary, Office of the Secretary.
                                                                                                         Frequency of Response: On occasion,
                                              can improve the collections and reduce                  quarterly reporting requirements,                     [FR Doc. 2018–02996 Filed 2–14–18; 8:45 am]
                                              any burdens caused thereby, please                      annual reporting requirements, one-time               BILLING CODE 6712–01–P
                                              contact Nicole Ongele, Federal                          reporting requirement and
                                              Communications Commission, Room 1–                      recordkeeping requirement.
                                              A620, 445 12th Street SW, Washington,                      Obligation to Respond: Required to                 DEPARTMENT OF COMMERCE
                                              DC 20554. Please include the OMB                        obtain or retain benefits. Statutory
                                              Control Number, 3060–1228, in your                      authority for this information collection             National Oceanic and Atmospheric
                                              correspondence. The Commission will                     is contained in 47 U.S.C. 151–154, 155,               Administration
                                              also accept your comments via email                     201–206, 214, 218–220, 251, 252, 254,
                                              please send them to PRA@fcc.gov. To                     256, 303(r), 332, 403, 405, 410, and                  50 CFR Part 648
                                              request materials in accessible formats                 1302.                                                 [Docket No.: 171213999–8128–01]
                                              for people with disabilities (Braille,                     Total Annual Burden: 68,607 hours.
                                                                                                                                                            RIN 0648–XF898
                                              large print, electronic files, audio                       Total Annual Cost: No Cost.
                                              format), send an email to fcc504@fcc.gov                   Nature and Extent of Confidentiality:              Fisheries of the Northeastern United
                                              or call the Consumer and Governmental                   We note that USAC must preserve the                   States; Atlantic Herring Fishery;
                                              Affairs Bureau at (202) 418–0530                        confidentiality of certain data obtained              Adjustments to 2018 Management Area
                                              (voice), (202) 418–0432 (TTY).                          from respondents; must not use the data               Annual Catch Limits
                                              Synopsis                                                except for purposes of administering the
                                                                                                      universal service programs or other                   AGENCY:  National Marine Fisheries
                                                 As required by the Paperwork                         purposes specified by the Commission;                 Service (NMFS), National Oceanic and
                                              Reduction Act of 1995 (44 U.S.C. 3507),                 and must not disclose data in company-                Atmospheric Administration (NOAA),
                                              the FCC is notifying the public that it                 specific form unless directed to do so by             Commerce.
                                              received OMB approval on February 1,                    the Commission. Respondents may                       ACTION: Temporary final rule;
                                              2018, for the rules 54.316(a)(1),                       request materials or information                      adjustment of specifications.
                                              54.316(a)(5) and (6), 54.316(b)(6),                     submitted to the Commission or the
                                              54.320(d), 54.321 published at 81 FR                                                                          SUMMARY:   In accordance with the
                                                                                                      Administrator believed confidential to
                                              24282, April 25, 2016, 81 FR 44414, July                                                                      regulations implementing the Atlantic
                                                                                                      be withheld from public inspection
                                              7, 2016, and 81 FR 83706, November 22,                                                                        Herring Fishery Management Plan, this
                                                                                                      under 47 CFR 0.459 of the FCC’s rules.
                                              2016, 81 FR 69696, October 7, 2016, and                                                                       action adjusts the 2018 catch limits in
                                                                                                         Needs and Uses: This information
                                              the reporting requirements for recipients                                                                     the four herring management areas
                                                                                                      collection addresses the requirement
                                              of Phase II support awarded in                                                                                (Areas 1A, 1B, 2, and 3) to account for
                                                                                                      that certain carriers with high cost
                                              partnership with New York’s New NY                                                                            underages and overages in those areas
                                                                                                      reporting obligations must file
                                              Broadband Program as adopted in FCC                                                                           during 2016. In order to ensure that the
                                                                                                      information about their locations which
                                              17–2, paragraphs 69–70. Under 5 CFR                                                                           carryover of underages do not cause
                                                                                                      meet their broadband deployment
                                              1320, an agency may not conduct or                                                                            overfishing of the herring resource,
                                                                                                      public interest obligations via an
                                              sponsor a collection of information                                                                           management area-specific carryover
                                                                                                      electronic portal (‘‘portal’’). The Rate-of-
                                              unless it displays a current, valid OMB                                                                       does not increase the stock-wide annual
                                                                                                      Return Order required that the
                                              Control Number.                                                                                               catch limit. This action is necessary to
                                                                                                      Universal Service Administrative
                                                 No person shall be subject to any                                                                          ensure that NMFS accounts for herring
                                                                                                      Company (USAC) establish the portal so
                                              penalty for failing to comply with a                                                                          catch consistent with the requirements
                                                                                                      that carriers could file their location
                                              collection of information subject to the                                                                      of the Atlantic Herring Fishery
                                                                                                      data with the portal starting in 2017.
                                              Paperwork Reduction Act that does not                                                                         Management Plan.
                                                                                                      The Rate-of-Return Order also required
                                              display a current, valid OMB Control                                                                          DATES: Effective February 15, 2018,
                                                                                                      all recipients of Phase II model-based
                                              Number. The OMB Control Number is                       support and rate-of-return carriers to                through December 31, 2018.
                                              3060–1228.                                              submit geocoded location data and                     ADDRESSES: Copies of supporting
                                                 The foregoing notice is required by                  related certifications to the portal.                 documents, including the 2013–2015
                                              the Paperwork Reduction Act of 1995,                    Recipients of Phase II model-based                    Specifications/Framework 2 and the
                                              Public Law 104–13, October 1, 1995,                     support had been required to file such                2016–2018 Specifications to the Atlantic
                                              and 44 U.S.C. 3507.                                     information in their annual reports due               Herring Fishery Management Plan
                                                 The total annual reporting burdens                   by July 1, 2017. The Phase II Auction                 (FMP), are available from the
                                              and costs for the respondents are as                    Order requires auction winners to build-              Sustainable Fisheries Division, Greater
                                              follows:                                                out networks capable of meeting their                 Atlantic Regional Fisheries Office, 55
                                                 OMB Control Number: 3060–1228.                       public interest obligations and report, to            Great Republic Drive, Gloucester, MA
                                                 OMB Approval Date: February 1,                       an online portal, locations to which                  01930, telephone (978) 281–9315, or
                                              2018.                                                   auction winners had deployed such                     online at: https://www.nefmc.org/
sradovich on DSK3GMQ082PROD with RULES




                                                 OMB Expiration Date: February 28,                    networks. This information collection                 library/framework-2-2, http://
                                              2021.                                                   also addresses the new portal reporting               www.greateratlantic.fisheries.noaa.gov/
                                                 Title: Connect America Fund—High                     requirements for carriers receiving                   sustainable/species/atlherring/
                                              Cost Portal Filing.                                     Alaska Plan support, including their                  index.html.
                                                 Form No.: N/A.                                       submission of fiber/microwave middle-                 FOR FURTHER INFORMATION CONTACT:
                                                 Respondents: Business or other for-                  mile network maps, and recipients of                  Alyson Pitts, Fishery Management
                                              profit, not-for-profit institutions.                    Phase II support that is awarded in                   Specialist, 978–281–9352.


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                                              6798                   Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Rules and Regulations

                                              SUPPLEMENTARY INFORMATION:                                                  migration. Each management area has                                     FR 61828). Among other measures,
                                                                                                                          its own sub-ACL to allow greater control                                Framework 2 allowed for the carryover
                                              Background
                                                                                                                          of the fishing mortality on each stock                                  of unharvested allocations (underages)
                                                The Atlantic herring harvest in the                                       component.                                                              in the year immediately following the
                                              United States is managed under the                                             NMFS issued a final rule that                                        catch determination. Provided that
                                              Atlantic Herring Fishery Management                                         implemented Amendment 4 to the FMP                                      annual total catch does not exceed the
                                              Plan (FMP) developed by the New                                             (76 FR 11373, March 2, 2011) to address                                 stock-wide ACL, up to 10 percent of
                                              England Fishery Management Council.                                         ACL and accountability measure (AM)                                     each sub-ACL may be carried over and
                                              The FMP divides the stock-wide herring                                      requirements. As a way to account for
                                              annual catch limit (ACL) among three                                                                                                                added to the following year’s sub-ACL.
                                                                                                                          ACL/sub-ACL overages in the herring
                                              management areas, one of which has                                                                                                                  The carryover provision allows a sub-
                                                                                                                          fishery, Amendment 4 established an
                                              two sub-areas. It divides Area 1 (located                                   AM that requires NMFS to deduct any                                     ACL increase for a management area,
                                              in the Gulf of Maine (GOM)) into an                                         ACL/sub-ACL overages from the                                           but it does not allow a corresponding
                                              inshore section (Area 1A) and an                                            corresponding ACL/sub-ACL in the year                                   increase to the stock-wide ACL.
                                              offshore section (Area 1B). Area 2 is                                       following the catch overage                                               NMFS published the 2016–2018
                                              located in the coastal waters between                                       determination. Amendment 4 also                                         specifications for the herring fishery on
                                              Massachusetts and North Carolina, and                                       specified that NMFS will announce                                       November 1, 2016 (81 FR 75731). Table
                                              Area 3 is on Georges Bank (GB). The                                         overage deductions in the Federal                                       1 outlines the 2018 herring sub-ACLs,
                                              FMP considers the herring stock                                             Register prior to the start of the fishing                              minus deductions for research set-aside
                                              complex to be a single stock, but there                                     year, if possible.                                                      catch (RSA) that were effective on
                                              are inshore (GOM) and offshore (GB)                                            NMFS also published a final rule                                     January 1, 2018. RSA equal to 3 percent
                                              stock components. The GOM and GB                                            implementing Framework 2 to the FMP                                     of each sub-ACL has been awarded to
                                              stock components segregate during                                           and the 2013–2015 specifications for the
                                                                                                                                                                                                  two research projects.
                                              spawning and mix during feeding and                                         herring fishery on October 4, 2013 (78

                                                                                                                            TABLE 1—2018 HERRING SUB-ACLS
                                                                                                                                                           [mt]

                                                                                                                                                                                                                     Research         2018
                                                                                                                                                                                                  2018 sub-          set-aside     sub-ACLs
                                                                                                                                                                                                    ACLs            (3 percent    (minus RSA)
                                                                                                                                                                                                                   of sub-ACLs)

                                              Area 1A ........................................................................................................................................         30,300               909         29,391
                                              Area 1B ........................................................................................................................................          4,500               135          4,365
                                              Area 2 ..........................................................................................................................................        29,100               873         28,227
                                              Area 3 ..........................................................................................................................................        40,900             1,227         39,673
                                              Stock-wide ...................................................................................................................................          104,800             3,144        101,656



                                              Provisions Implemented Through This                                         overage in Area 1B from the 2018 Area                                   catch to the 2018 herring sub-ACL in
                                              Final Rule                                                                  1B sub-ACL. NMFS also determined                                        Areas 1A, 2, and 3. This carryover
                                                NMFS completed the 2016 catch                                             that the herring fishery caught less than                               equals the amount of each area’s
                                              determination in December 2017 and                                          its total allocated catch in 2016 and was                               underages, or up to 10 percent of the
                                              determined that the herring fishery                                         under the allocated catch in the three                                  allocated 2016 sub-ACL, whichever is
                                              caught more than its allocated catch in                                     remaining herring management areas                                      less. Table 2 provides catch details for
                                              2016 in Area 1B. To account for the                                         (Areas 1A, 2, and 3). As a result, this                                 2016 and corresponding adjustments for
                                              overage, this action deducts the catch                                      action carries over unharvested 2016                                    2018 sub-ACLs.

                                                                                                         TABLE 2—HERRING SUB-ACLS, CATCH, AND CARRYOVER
                                                                                                                                                           [mt]

                                                                                                                                                                             2016                 Carryover         2018 sub-       Adjusted
                                                                                                                  Adjusted 2016                2016 catch                 underages/              * (up to 10         ACLs         2018 sub-
                                                                                                                    sub-ACLs                                               overages                percent)        (minus RSA)       ACLs

                                              Area 1A ....................................................                   30,397                      27,826                      2,571               2,571           29,391          31,962
                                              Area 1B ....................................................                    2,941                       3,657                      ¥716                   NA            4,365           3,649
                                              Area 2 ......................................................                  32,100                      13,456                     18,644               2,910           28,227          31,137
                                              Area 3 ......................................................                  43,832                      18,580                     25,252               4,090           39,673          43,853
                                              Stock-wide ................................................                ** 101,656                      63,519                     45,751                  NA          101,656      ** 100,969
                                                * Maximum carryover is based on 10 percent of the 2016 sub-ACLs: Area 1A = 30,300 mt; Area 1B = 4,500 mt; Area 2 = 29,100 mt; and Area
                                              3 = 40,900 mt.
sradovich on DSK3GMQ082PROD with RULES




                                                ** The stock-wide ACL cannot be increased by carryover. The 2018 adjusted stock-wide ACL is decreased by the Area 1B overage.


                                                NMFS calculated the amount of                                             vessel trip reports (VTRs) and vessel                                   NMFS generally uses dealer reports to
                                              herring landings in 2016 based on                                           monitoring system (VMS) reports                                         estimate herring landings; however, if
                                              dealer reports (Federal and state) of                                       (Federal and states of Maine and                                        the amount of herring reported via VTR
                                              herring purchases, supplemented by                                          Massachusetts) of herring landings.                                     exceeded the amount of herring



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                                                               Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Rules and Regulations                                              6799

                                              reported by the dealer by 10 percent or                 impracticable and contrary to the public              effective upon publication in the
                                              more, NMFS assumes the dealer report                    interest because a delay would                        Federal Register. To prevent confusion
                                              for that trip was in error and uses the                 potentially impair achievement of the                 and potential overharvests, it will be in
                                              VTR report instead. NMFS assigns                        management plan’s objectives of                       the best interest of the fleet and the
                                              herring landings to individual herring                  preventing overfishing and achieving                  herring resource to set the adjusted sub-
                                              management areas using VMS reports or                   optimum yield due by impairing a                      ACLs as soon as possible. The
                                              latitude and longitude coordinates from                 vessel’s ability to harvest available catch           adjustments in this notice increase the
                                              VTR reports when a VMS report is not                    allocations. Allowing for prior notice                amount of catch available to fishermen,
                                              available. NMFS uses recent fishing                     and public comment on this adjustment                 with the exception of Area 1B due to
                                              activity to assign landings to a                        is also impracticable because                         overharvest in 2016. Putting in place the
                                              management area if dealer reports do                    regulations require notification of                   adjusted sub-ACLs as soon as possible
                                              not have a corresponding VTR or VMS                     adjustments as close as possible to the               will provide the fleet with an
                                              catch report.                                           start of the herring fishing year on                  opportunity to develop their business
                                                 NMFS estimates herring discards by                   January 1, 2018. We only recently                     plans in sufficient time to facilitate their
                                              extrapolating discards from herring trips               received sufficient information to                    full harvest of available catch in the
                                              observed by the Northeast Fisheries                     determine 2016 catch amount. Further,                 open areas.
                                              Observer Program to all herring trips                   this is a nondiscretionary action                        This action is required by 50 CFR part
                                              (observed and unobserved) according to                  required by provisions of Amendment 4                 648, subpart K and is exempt from
                                              gear and herring management area.                       and Framework 2, which were                           review under Executive Order 12866.
                                              Because RSA is removed from                             previously subject to public notice and                  This final rule does not contain a
                                              management area sub-ACLs at the                         comment. The adjustments required by                  collection-of-information requirement
                                              beginning of the fishery year, NMFS                     these regulations are formulaic; this                 for purposes of the Paperwork
                                              tracks RSA catch but does not count it                  action simply effectuates these                       Reduction Act.
                                              towards the herring sub-ACLs.                           mandatory calculations. The proposed                     Because prior notice and opportunity
                                                                                                      and final rules for Framework 2 and                   for public comment are not required for
                                              Classification
                                                                                                      Amendment 4 explained the need and                    this rule by 5 U.S.C. 553, or any other
                                                 Pursuant to section 304(b)(1)(A) of the              likelihood for adjustments to the sub-                law, the analytical requirements of the
                                              Magnuson-Stevens Fishery                                ACLs based on final catch amounts.                    Regulatory Flexibility Act, 5 U.S.C. 601
                                              Conservation and Management Act                         Framework 2, specifically, provided                   et seq., are inapplicable.
                                              (MSA), the NMFS Assistant                               prior notice of the need to distribute                  Authority: 16 U.S.C. 1801 et seq.
                                              Administrator has determined that this                  carryover catch. These actions provided
                                              final rule is consistent with the FMP,                  a full opportunity for the public to                    Dated: February 12, 2018.
                                              other provisions of the MSA, and other                  comment on the substance and process                  Samuel D. Rauch, III,
                                              applicable law.                                         of this action.                                       Deputy Assistant Administrator for
                                                 Pursuant to 5 U.S.C. 553(b)(B), there                   For the same reasons as noted above,               Regulatory Programs, National Marine
                                              is good cause to waive prior notice and                 there is good cause under 5 U.S.C.                    Fisheries Service.
                                              an opportunity for public comment on                    553(d)(3) to waive the 30-day delay in                [FR Doc. 2018–03157 Filed 2–14–18; 8:45 am]
                                              this action. Notice and comment are                     effective date and make the rule                      BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES




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Document Created: 2018-02-15 00:21:03
Document Modified: 2018-02-15 00:21:03
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 final rule; adjustment of specifications.
DatesEffective February 15, 2018, through December 31, 2018.
ContactAlyson Pitts, Fishery Management Specialist, 978-281-9352.
FR Citation83 FR 6797 
RIN Number0648-XF89

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