[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58339-58340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151215999-6960-02]
RIN 0648-XX022


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustment to the 2019 Specifications

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

ACTION: Temporary rule; in-season adjustment.

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SUMMARY: NMFS increases the 2019 Atlantic herring annual catch limit 
and Area 1A sub-annual catch limit by 1,000 mt. This action is required 
by the herring regulations when, based on data through October 1, the 
New Brunswick weir fishery lands less than 4,000 mt of herring. This 
notice is intended to inform the public of these catch limit changes.

DATES: Effective October 28, 2019, through December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management 
Specialist, (978) 281-9352; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published final 2019 specifications for 
the Atlantic Herring Fishery Management Plan on February 8, 2019 (84 FR 
2760), establishing the 2019 annual catch limit (ACL) and area sub-
ACLs. Table 1 shows the original herring specifications for 2019 and 
the specifications that are revised by this action for the remainder of 
the calendar year.
    The NMFS Regional Administrator tracks herring landings in the New 
Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h) 
require that if the New Brunswick weir fishery landings through October 
1 are less than 4,000 mt, then NMFS subtracts 1,000 mt from the 
management uncertainty buffer and increases the ACL and Area 1A sub-ACL 
by 1,000 mt. When such a determination is made, NMFS is required to 
notify the New England Fishery Management Council and publish the ACL 
and Area 1A sub-ACL adjustment in the Federal Register.
    The Regional Administrator has determined, based on the best 
available information, that the New Brunswick weir fishery landed less 
than 4,000 mt through October 1, 2019. Therefore, effective October 28, 
2019, 1,000 mt will be re-allocated from the management uncertainty 
buffer to the Area 1A sub-ACL. This increases the Area 1A sub-ACL from 
4,354 mt to 5,354 mt and the ACL from 15,065 mt to 16,065 mt. These 
revised specifications will be used to project when catch will reach 92 
percent of the Area 1A sub-ACL or 95 percent of the ACL for the purpose 
of implementing a 2,000-lb (907-kg) herring possession limit in Area 1A 
or in all management areas, respectively.

            Table 1--Atlantic Herring Specifications for 2019
                                  [mt]
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                                             Original         Revised
                                          specifications  specifications
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Overfishing Limit.......................          30,668          30,668
Acceptable Biological Catch.............          21,266          21,266
Management Uncertainty..................           6,200           5,200
Optimum Yield/ACL.......................          15,065          16,065
Domestic Annual Harvest.................          15,065          15,065
Border Transfer.........................               0               0
Domestic Annual Processing..............          15,065          15,065
U.S. At-Sea Processing..................               0               0
Area 1A Sub-ACL (28.9%).................           4,354           5,354
Area 1B Sub-ACL (4.3%)..................             647             647
Area 2 Sub-ACL (27.8%)..................           4,188           4,188
Area 3 Sub-ACL (39%)....................           5,876           5,876
Fixed Gear Set-Aside....................              39              39
Research Set-Aside......................             (*)             (*)
------------------------------------------------------------------------
* 3 percent of sub-ACLs.


[[Page 58340]]

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on this in-season adjustment because it would be 
contrary to the public interest. This action allocates a portion of the 
management uncertainty buffer to the ACL and Area 1A sub-ACL for the 
remainder of the year. If implementation of this in-season action is 
delayed to solicit prior public comment, the objective of the fishery 
management plan to achieve the optimum yield (OY) in the fishery could 
be compromised. Deteriorating weather conditions during the latter part 
of the fishing year may reduce fishing effort, and could also prevent 
the ACL from being fully harvested. This would conflict with NMFS' 
legal obligation under the Magnuson-Stevens Fishery Conservation and 
Management Act to achieve the OY from a fishery on a continuing basis, 
resulting in a negative economic impact on vessels permitted to fish in 
this fishery. Moreover, the process being applied here was the subject 
of notice and comment rulemaking; the adjustment is routine and 
formulaic, required by regulation, and is expected by industry. The 
potential to re-allocate the management uncertainty buffer was also 
outlined in the final 2019 herring specifications that were published 
February 8, 2019, which were developed through public notice and 
comment. Based on these considerations, 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 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-23734 Filed 10-28-19; 4:15 pm]
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