[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8625-8626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04352]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 181031994-9022-02]
RIN 0648-XG872
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2019 Management Area 2 Sub-Annual Catch Limit Harvested
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: Effective on March 9, 2019, NMFS is closing the directed
fishery for Herring Management Area 2, based on a projection that a
threshold catch amount for that management area has been reached.
Beginning March 9, 2019, through December 31, 2019, no person may, or
attempt to 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 Management Area 2 from a vessel issued and holding a valid
herring permit. For the duration of this action, federally permitted
dealers may not possess or receive, or attempt to possess or receive,
more than 2,000 lb (907.2 kg) of herring from Management Area 2 per
trip or calendar day from vessels issued and holding a valid herring
permit. 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 Management Area 2.
DATES: Effective 00:01 hr local time, March 9, 2019, through 24:00
local time, December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management
Specialist, (978) 282-8457.
SUPPLEMENTARY INFORMATION: 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 50 CFR 648.201
require that when the Regional Administrator projects that herring
catch will reach 92 percent of the sub-ACL allocated in Management Area
2 designated in the Atlantic Herring Fishery Management Plan (FMP),
through notification in the Federal Register, NMFS must prohibit for
the remainder of the fishing year, vessels from fishing for,
possessing, transferring, receiving, landing, or selling, or attempting
to 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
specified management area from a vessel issued and holding a valid
herring permit.
The Regional Administrator has projected, based on vessel and
dealer reports, state data, and other available information, that the
herring fleet will have caught 92 percent of the herring sub-ACL
allocated to Management Area 2 by March 9, 2019. Therefore, effective
00:01 hr local time, March 9, 2019, no person may, or attempt to, 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 Management
Area 2, through December 31, 2019, from a vessel issued or holding a
valid herring permit. Vessels that have entered port before 00:01 hr
local time, March 9, 2019, may land and sell more than 2,000 lb (907.2
kg) of herring from Area 2 from that trip. A vessel may transit through
Area 2 with more than 2,000 lb (907.2 kg) of herring on board, provided
all herring was caught outside of Area 2 and all fishing gear is stowed
and not available for immediate use as defined by Sec. 648.2.
Effective 00:01 hr local time, March 9, 2019, through 24:00 hr
local time, December 31, 2019, federally permitted dealers may not
purchase, possess, receive, sell, barter, trade or transfer, or attempt
to purchase, possess, receive, sell, barter, trade or transfer more
than 2,000 lb (907.2 kg) of herring per trip or calendar day from
Management Area 2 from a vessel issued and holding a valid herring
permit, unless it is from a trip landed by a vessel that entered port
before 00:01 hr local time, March 9, 2019.
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)(3)(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 Sec. 553(d)(3), NMFS also finds good cause to
waive the 30-day delayed effectiveness. NMFS is required by Federal
regulation to put in place a 2,000-lb (907.2-kg) herring trip limit for
Management Area 2 through December 31, 2019. The 2019 herring fishing
year opened on January 1, 2019. Data indicating the herring fleet will
have landed at least 92 percent of the 2019 sub-ACL allocated to
Management Area
[[Page 8626]]
2 have only recently become available. Once available data supports
projecting that 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 and calendar day limit to ensure that herring vessels do
not exceed the 2019 sub-ACL allocated to Management Area 2. High-volume
catch and landings in this fishery increase total catch relative to the
sub-ACL quickly, especially in this fishing year where annual catch
limits are unusually low. If implementation of this closure is delayed
to solicit prior public comment, the sub-ACL for Management Area 2 for
this fishing year will likely be exceeded, thereby undermining the
conservation objectives of the FMP. If sub-ACLs are exceeded, the
excess must also 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: March 6, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-04352 Filed 3-6-19; 5:00 pm]
BILLING CODE 3510-22-P