[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63929-63930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26875]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130919816-4205-02]
RIN 0648-XE266


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Georges Bank Haddock Catch Cap Harvested

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the directed herring fishery in the Herring 
Georges Bank Haddock Accountability Measure Area based on a 
determination that the Georges Bank Haddock Catch Cap has been 
harvested. Federally permitted vessels may not fish for, possess, 
transfer, receive, land or sell more than 2,000 lb (907.2 kg) of 
Atlantic herring in or from the Herring Georges Bank Haddock 
Accountability Measure Area for the remainder of the fishing year. 
Also, vessels issued Federal permits for Atlantic herring fishing with 
midwater trawl gear, or vessels issued an All Areas and/or Areas 2 and 
3 Limited Access Atlantic herring permit on a declared Atlantic herring 
trip, regardless of gear used, may not possess haddock, unless also on 
a declared Northeast multispecies trip with a Northeast multispecies 
permit.

DATES: Effective 0001 hr local time, October 22, 2015, through April 
30, 2016.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery and the Northeast (NE) multispecies fishery can be found at 50 
CFR part 648. The NE multispecies regulations require specification of 
acceptable biological catches (ABC), annual catch limits, and 
overfishing limits for each of the NE multispecies stocks. The haddock 
catch allowance for vessels issued a Federal herring permit is one 
percent of each of the ABCs for Gulf of Maine haddock and Georges Bank 
(GB) haddock stocks. The 2015 haddock ABC is 53,717,835 million lb 
(24,366 mt), and one percent of the ABC has been allocated to the GB 
Haddock Catch Cap for the 2015 fishing year, which is further reduced 
by seven percent to 500,449 lb (227 mt) to account for management 
uncertainty (80 FR 25109).
    The regulations at Sec.  648.201 require the Administrator, Greater 
Atlantic Region, NMFS (Regional Administrator), to determine when the 
GB Haddock Catch Cap has been fully harvested. Once the GB Haddock 
Catch Cap has been harvested, regulations require NMFS to prohibit 
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 the Herring GB 
Haddock AM Area for the remainder of the fishing year. Additionally, 
federally permitted herring vessels fishing with midwater trawl gear 
can no longer possess haddock in the Herring GB Haddock Accountability 
Management (AM) Area for the reminder of the fishing year, unless 
vessels are also fishing on a declared NE multispecies trip with a NE 
multispecies permit. Vessels issued an All Areas or Areas 2 and 3 
Limited Access herring permit on a declared herring trip cannot possess 
haddock in the Herring GB Haddock AM Area, regardless of the gear used.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the herring fleet has fully 
harvested the GB Haddock Catch Cap. Therefore, effective 0001 hr local 
time, October 22, 2015, federally permitted vessels may not fish for, 
possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) 
of herring per trip or calendar day, in or from the Herring GB Haddock 
AM Area through April 30, 2016, except vessels that have entered port 
before 0001 hr on October 22, 2015, may land and sell more than 2,000 
lb (907.2 kg) of herring from the Herring GB Haddock AM Area from that 
trip. A vessel may transit through the Herring GB Haddock AM Area with 
more than 2,000 lb (907.2 kg) of herring on board, provided all herring 
onboard was caught outside the Herring GB Haddock AM Area and all 
fishing gear is stowed and not available for immediate use as defined 
by Sec.  648.2. Effective 0001 hr, October 22, 2015, herring vessels 
fishing with midwater trawl gear cannot possess haddock and

[[Page 63930]]

vessels issued All Areas or Areas 2 and 3 Limited Access herring 
vessels on a declared herring trip cannot possess haddock regardless of 
gear used, unless on a declared NE multispecies trip with a NE 
multispecies permit. Effective 0001 hr, October 22, 2015, 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 the Herring GB Haddock AM Area through 2400 hr local time, April 
30, 2016, unless it is from a vessel that entered port before 0001 hr 
on October 22, 2015.
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 severely 
restricts the catch of GB herring in the GB Haddock AM Area until May 
1, 2016. The regulations at Sec.  648.201(a) require such action to 
ensure that herring vessels do not exceed the haddock catch allocated 
to the herring fishery. Data indicating the herring fleet will have 
harvested GB Haddock Catch Cap have only recently become available. If 
implementation of this closure is delayed to solicit prior public 
comment, the catch of GB haddock allocated to the herring fishery for 
this fishing year may be exceeded, thereby undermining the conservation 
objectives of the FMP. 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 19, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-26875 Filed 10-19-15; 4:15 pm]
 BILLING CODE 3510-22-P