83_FR_8675 83 FR 8635 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish; 2018 River Herring and Shad Catch Cap Reached for the Directed Atlantic Mackerel Commercial Fishery

83 FR 8635 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish; 2018 River Herring and Shad Catch Cap Reached for the Directed Atlantic Mackerel Commercial Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 40 (February 28, 2018)

Page Range8635-8635
FR Document2018-04073

NMFS is reducing the Atlantic mackerel possession limit for Federal limited access Atlantic mackerel permitted vessels based on a projection that the 2018 river herring and shad catch cap for that fishery has been reached. This action is necessary to comply with the regulations implementing the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan and is intended to limit the harvest of river herring and shad in the Greater Atlantic Region.

Federal Register, Volume 83 Issue 40 (Wednesday, February 28, 2018) 
[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Page 8635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04073]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130903775-4276-02]
RIN 0648-XG054


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish; 2018 River Herring and Shad Catch Cap Reached 
for the Directed Atlantic Mackerel Commercial Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is reducing the Atlantic mackerel possession limit for 
Federal limited access Atlantic mackerel permitted vessels based on a 
projection that the 2018 river herring and shad catch cap for that 
fishery has been reached. This action is necessary to comply with the 
regulations implementing the Atlantic Mackerel, Squid, and Butterfish 
Fishery Management Plan and is intended to limit the harvest of river 
herring and shad in the Greater Atlantic Region.

DATES: Effective 00:01 hr local time, February 27, 2018, through 
December 31, 2018.

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

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic mackerel 
fishery can be found at 50 CFR part 648, including requirements for 
setting annual catch cap allocations for river herring and shad. NMFS 
set the 2018 river herring and shad catch cap for the directed Atlantic 
mackerel fishery at 82 mt as part of a final rule to implement the 2016 
through 2018 Atlantic mackerel specifications (81 FR 24504, April 4, 
2016).
    The NMFS Administrator of the Greater Atlantic Region (Regional 
Administrator) monitors river herring and shad catch from the directed 
Atlantic mackerel fishery based on vessel and dealer reports, state 
data, and other available information. The regulations at Sec.  648.24 
require that when the Regional Administrator projects that when 95 
percent of the river herring and shad catch cap has been caught by the 
directed Atlantic mackerel fishery (i.e., trips that land more than 
20,000 lb (9.08 mt) of Atlantic mackerel) will reach 95 percent of a 
catch cap, NMFS must prohibit, through notification in the Federal 
Register, Federal limited access permitted Atlantic mackerel vessels 
from fishing for, possessing, transferring, receiving, landing, or 
selling more than 20,000 lb (9.08 mt) of Atlantic mackerel per trip or 
landing more than once per calendar day for the remainder of the 
calendar year.
    The Regional Administrator has determined, based on vessel and 
dealer reports, state data, and other available information, that 
Federal limited access Atlantic mackerel vessels will have caught 95 
percent of the river herring and shad catch cap by February 20, 2018. 
The regulations at Sec.  648.24(d) require NMFS to provide at least a 
72 hour notice to the public before any Atlantic mackerel possession 
reduction or fishery closure. Therefore, effective 00:01 hr local time, 
February 27, 2018, federally permitted vessels targeting Atlantic 
mackerel may not fish for, catch, possess, transfer, land, or sell more 
than 20,000 lb (9.08 mt) of Atlantic mackerel per trip or calendar day 
through December 31, 2018. Vessels with more than 20,000 lb (9.08 mt) 
of Atlantic mackerel that have entered port before 00:01 hr local time, 
February 27, 2018, may land and sell more than 20,000 lb (9.08 mt) of 
Atlantic mackerel from that trip.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. This action 
restricts the catch of Atlantic mackerel for the remainder of the 
fishing year. Data have only recently become available indicating that 
directed Atlantic mackerel trips by federally permitted vessels will 
have caught 95 percent of the river herring and shad catch cap 
established for the 2018 calendar year. Once NMFS projects that river 
herring and shad catch will reach 95 percent of the catch cap, NMFS is 
required by Federal regulation to implement a 20,000 lb (9.08 mt) 
Atlantic mackerel possession limit and prohibit vessels from landing 
Atlantic mackerel more than once per calendar day through December 31, 
2018. The regulations at Sec.  648.24(b)(6) require such action to 
ensure that such vessels do not exceed the river herring and shad catch 
cap for the Atlantic mackerel fishery. If implementation of this 
closure is delayed to solicit prior public comment, the river herring 
and shad catch cap for this fishing year will likely be exceeded, 
thereby undermining the conservation objectives of the Atlantic 
Mackerel, Squid, and Butterfish Fishery Management Plan. 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: February 23, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04073 Filed 2-23-18; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations 8635 Accounting Standards. Therefore, this permitted vessels based on a projection catch, possess, transfer, land, or sell final rule does not require a regulatory that the 2018 river herring and shad more than 20,000 lb (9.08 mt) of flexibility analysis under the Regulatory catch cap for that fishery has been Atlantic mackerel per trip or calendar Flexibility Act of 1980, 5 U.S.C. Chapter reached. This action is necessary to day through December 31, 2018. Vessels 6. comply with the regulations with more than 20,000 lb (9.08 mt) of implementing the Atlantic Mackerel, Atlantic mackerel that have entered port List of Subjects in 48 CFR Part 9903 Squid, and Butterfish Fishery before 00:01 hr local time, February 27, Cost accounting standards, Management Plan and is intended to 2018, may land and sell more than Government procurement. limit the harvest of river herring and 20,000 lb (9.08 mt) of Atlantic mackerel Lesley A. Field, shad in the Greater Atlantic Region. from that trip. Acting Chair, Cost Accounting Standards DATES: Effective 00:01 hr local time, Board. February 27, 2018, through December Classification 31, 2018. For the reasons set forth in this This action is required by 50 CFR part FOR FURTHER INFORMATION CONTACT: preamble, chapter 99 of title 48 of the 648 and is exempt from review under Alyson Pitts, Fishery Management Code of Federal Regulations is amended Executive Order 12866. Specialist, (978) 281–9352. as set forth below: NMFS finds good cause pursuant to 5 SUPPLEMENTARY INFORMATION: PART 9903—CONTRACT COVERAGE Regulations governing the Atlantic U.S.C. 553(b)(B) to waive prior notice mackerel fishery can be found at 50 CFR and the opportunity for public comment ■ 1. The authority citation for part 9903 part 648, including requirements for because it would be contrary to the continues to read as follows: setting annual catch cap allocations for public interest and impracticable. This Authority: Public Law 111–350, 124 Stat. river herring and shad. NMFS set the action restricts the catch of Atlantic 3677, 41 U.S.C. 1502. 2018 river herring and shad catch cap mackerel for the remainder of the for the directed Atlantic mackerel fishing year. Data have only recently Subpart 9903.2—CAS Program fishery at 82 mt as part of a final rule become available indicating that Requirements to implement the 2016 through 2018 directed Atlantic mackerel trips by Atlantic mackerel specifications (81 FR federally permitted vessels will have ■ 2. Section 9903.201–1 is amended by 24504, April 4, 2016). caught 95 percent of the river herring revising paragraph (b)(15) to read as The NMFS Administrator of the and shad catch cap established for the follows: Greater Atlantic Region (Regional 2018 calendar year. Once NMFS Administrator) monitors river herring projects that river herring and shad 9903.201–1 CAS applicability. and shad catch from the directed catch will reach 95 percent of the catch * * * * * Atlantic mackerel fishery based on (b) * * * cap, NMFS is required by Federal vessel and dealer reports, state data, and (15) Firm-fixed-price contracts or regulation to implement a 20,000 lb other available information. The subcontracts awarded on the basis of (9.08 mt) Atlantic mackerel possession regulations at § 648.24 require that adequate price competition without limit and prohibit vessels from landing when the Regional Administrator submission of certified cost or pricing projects that when 95 percent of the Atlantic mackerel more than once per data. river herring and shad catch cap has calendar day through December 31, [FR Doc. 2018–04101 Filed 2–27–18; 8:45 am] been caught by the directed Atlantic 2018. The regulations at § 648.24(b)(6) BILLING CODE 3110–01–P mackerel fishery (i.e., trips that land require such action to ensure that such more than 20,000 lb (9.08 mt) of vessels do not exceed the river herring Atlantic mackerel) will reach 95 percent and shad catch cap for the Atlantic DEPARTMENT OF COMMERCE of a catch cap, NMFS must prohibit, mackerel fishery. If implementation of through notification in the Federal this closure is delayed to solicit prior National Oceanic and Atmospheric Register, Federal limited access public comment, the river herring and Administration permitted Atlantic mackerel vessels shad catch cap for this fishing year will from fishing for, possessing, likely be exceeded, thereby 50 CFR Part 648 transferring, receiving, landing, or undermining the conservation [Docket No. 130903775–4276–02] selling more than 20,000 lb (9.08 mt) of objectives of the Atlantic Mackerel, Atlantic mackerel per trip or landing Squid, and Butterfish Fishery RIN 0648–XG054 more than once per calendar day for the Management Plan. NMFS further finds, remainder of the calendar year. pursuant to 5 U.S.C 553(d)(3), good Fisheries of the Northeastern United The Regional Administrator has States; Atlantic Mackerel, Squid, and cause to waive the 30-day delayed determined, based on vessel and dealer effectiveness period for the reasons Butterfish; 2018 River Herring and reports, state data, and other available Shad Catch Cap Reached for the stated above. information, that Federal limited access Directed Atlantic Mackerel Commercial Atlantic mackerel vessels will have Authority: 16 U.S.C. 1801 et seq. Fishery caught 95 percent of the river herring Dated: February 23, 2018. AGENCY: National Marine Fisheries and shad catch cap by February 20, Emily H. Menashes, Service (NMFS), National Oceanic and 2018. The regulations at § 648.24(d) Acting Director, Office of Sustainable sradovich on DSK3GMQ082PROD with RULES Atmospheric Administration (NOAA), require NMFS to provide at least a 72 Fisheries, National Marine Fisheries Service. Commerce. hour notice to the public before any [FR Doc. 2018–04073 Filed 2–23–18; 4:15 pm] ACTION: Temporary rule; closure. Atlantic mackerel possession reduction or fishery closure. Therefore, effective BILLING CODE 3510–22–P SUMMARY: NMFS is reducing the 00:01 hr local time, February 27, 2018, Atlantic mackerel possession limit for federally permitted vessels targeting Federal limited access Atlantic mackerel Atlantic mackerel may not fish for, VerDate Sep<11>2014 16:11 Feb 27, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 E:\FR\FM\28FER1.SGM 28FER1


Document Created: 2018-02-28 03:19:56
Document Modified: 2018-02-28 03:19:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 00:01 hr local time, February 27, 2018, through December 31, 2018.
ContactAlyson Pitts, Fishery Management Specialist, (978) 281-9352.
FR Citation83 FR 8635 
RIN Number0648-XG05
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