[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8999-9000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04594]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151110999-5999-01]
RIN 648-XG866


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish; 2019 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 2019 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, March 12, 2019, through December 
31, 2019.

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 2019 river herring and shad catch cap will be adjusted in 
the final rule of Framework adjustment 13 to the Atlantic mackerel, 
Squid, and Butterfish Fishery Management Plan, which is currently under 
development. NMFS will evaluate the mackerel fishery and landings 
relative to the new proposed cap, if approved.
    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 March 12, 2019. 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, 
March 12, 2019, federally permitted vessels targeting Atlantic mackerel 
may not fish for,

[[Page 9000]]

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, 
2019. Vessels with more than 20,000 lb (9.08 mt) of Atlantic mackerel 
that have entered port before 00:01 hr local time, March 12, 2019, 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 2019 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, 
2019. 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: March 8, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-04594 Filed 3-8-19; 4:15 pm]
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