[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Rules and Regulations]
[Pages 72579-72580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25195]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No: 200428-0122; RTID 0648-XA507]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2020 Management Area 1A Sub-Annual Catch Limit Harvested

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the directed fishery for Herring Management 
Area 1A. This closure is required because NMFS projects that 92 percent 
of the catch amount for Management Area 1A has been caught. This action 
is intended to prevent overharvest of Atlantic herring in Management 
Area 1A, which will result in additional quota reductions next year.

DATES: Effective 00:01 hr local time, November 11, 2020, through 
December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management 
Specialist, (978) 281-9352.

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors Atlantic 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 Atlantic herring catch will reach 92 percent 
of the Management Area 1A sub-annual catch limit (sub-ACL), federally 
permitted vessels are prohibited from fishing for, possessing, 
transferring, receiving, landing, or selling more than 2,000 lb (907.2 
kg) of Atlantic herring per trip or calendar day in or from the 
specified management area.
    The Regional Administrator has projected, based on vessel and 
dealer reports, and other available information, that the Atlantic 
herring fleet will have caught 92 percent of the Management Area 1A 
sub-ACL by November 11, 2020. Therefore, effective 00:01 hr local time, 
November 11, 2020, 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 Management Area 1A, 
through December 31, 2020. Vessels that have entered port before 00:01 
hr local time, November 11, 2020, may land and sell more than 2,000 lb 
(907.2 kg) of Atlantic herring from Area 1A from that trip. A vessel 
may transit through Area 1A with more than 2,000 lb (907.2 kg) of 
Atlantic herring on board, provided all herring was caught outside of 
Area 1A and all fishing gear is stowed and not available for immediate 
use as defined by Sec.  648.2. All herring vessels must land in 
accordance with state landing restrictions.
    Effective 00:01 hr local time, November 11, 2020, through 24:00 hr 
local time, December 31, 2020, federally permitted dealers may not 
purchase, possess, receive, sell, barter, trade or transfer more than 
2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day from 
Area 1A from a vessel issued and holding a valid Federal herring 
permit, unless it is from a trip landed by a vessel that entered port 
before 00:01 hr local time, November 11, 2020, and that catch is landed 
in accordance with state regulations.

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. NMFS also finds good 
cause to waive the 30-day delayed effectiveness in accordance with 5 
U.S.C 553(d)(3).

[[Page 72580]]

NMFS is required by Federal regulation to implement a 2,000-lb (907.2-
kg) Atlantic herring possession limit for Management Area 1A through 
the calendar year when 92 percent of the area quota is projected to be 
harvested. The 2020 Atlantic herring fishing year began on January 1, 
2020, and Management Area 1A opened to fishing on June 1, 2020. Data 
indicating the Atlantic herring fleet will have landed at least 92 
percent of the 2020 sub-ACL allocated to Management Area 1A only 
recently became available. 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 1A for this fishing 
year will likely 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: November 9, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-25195 Filed 11-10-20; 4:15 pm]
BILLING CODE 3510-22-P