[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Page 67311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23418]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200428-0122; RTID 0648-XA575]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustment to the 2020 Specifications

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

ACTION: Temporary rule; inseason adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS increases the 2020 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 2,942 mt of herring. This 
notice is intended to inform the public of these catch limit changes.

DATES: Effective October 22, 2020 through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, (978) 281-9272; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published final 2020 specifications for 
the Atlantic Herring Fishery Management Plan on May 6, 2020 (85 FR 
26874), establishing the 2020 annual catch limit (ACL) and area sub-
ACLs. Table 1 shows the original herring specifications for 2020 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 2,942 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.
    Information from Canada's Department of Fisheries and Oceans 
indicates that the New Brunswick weir fishery landed 1,125 mt of 
herring through October 4, 2020. Therefore, the Regional Administrator 
determined, based on the best available information, that the New 
Brunswick weir fishery landed less than 2,942 mt through October 1, 
2020. Effective October 22, 2020, 1,000 mt will be re-allocated from 
the management uncertainty buffer to the Area 1A sub-ACL and ACL. This 
increases the Area 1A sub-ACL from 3,344 mt to 4,344 and the ACL from 
11,571 mt to 12,571 mt. The 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 2020 (mt)
------------------------------------------------------------------------
                                       Original             Revised
                                    specifications      specifications
------------------------------------------------------------------------
Overfishing Limit...............  41,830............  41,830.
Acceptable Biological Catch.....  16,131............  16,131.
Management Uncertainty..........  4,560.............  3,560.
Optimum Yield/ACL...............  11,571............  12,571.
Domestic Annual Harvest.........  11,571............  12,571.
Border Transfer.................  100...............  100.
Domestic Annual Processing......  11,471............  12,471.
U.S. At-Sea Processing..........  0.................  0.
Area 1A Sub-ACL (28.9%).........  3,344.............  4,344.
Area 1B Sub-ACL (4.3%)..........  498...............  498
Area 2 Sub-ACL (27.8%)..........  3,217.............  3,217.
Area 3 Sub-ACL (39%)............  4,513.............  4,513.
Fixed Gear Set-Aside............  30................  30.
Research Set-Aside..............  3% of sub-ACLs....  3% of sub-ACLs
------------------------------------------------------------------------

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 403(b), 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 inseason 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 inseason 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 result 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 2020 
herring specifications that were published May 8, 2020, 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 19, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-23418 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-22-P