[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53824-53825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23350]


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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.

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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]
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