[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Page 8635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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