[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Rules and Regulations]
[Pages 76487-76488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26303]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200428-0122]
RTID 0648-XA679


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2020 Directed Fishery Closure for Atlantic Herring Management 
Area 1B

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

ACTION: Temporary rule; directed fishery closure.

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

DATES: Effective 00:01 hr local time, November 25, 2020, through 24:00 
local time, December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Lou Forristall, Fishery Management 
Specialist, (978) 281-9321.

SUPPLEMENTARY INFORMATION: The Regional Administrator for the Greater 
Atlantic Region monitors Atlantic herring fishery catch in each of the 
management areas based on vessel and dealer reports, state data, and 
other available information. Based on this information, the Regional 
Administrator projects that the Atlantic herring fleet will catch 92 
percent of the Management Area 1B sub-Annual Catch Limit (ACL) by 
November 25, 2020. Therefore, as required by 50 CFR 648.201(a)(1)(i), 
effective 00:01 hr local time November 25, 2020, federally permitted 
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 1B, through December 31, 2020. Vessels 
that have entered port before 00:01 hr local time, November 25, 2020, 
may land or sell more than 2,000 lb (907.2 kg) of Atlantic herring from 
Area 1B from that trip. A vessel may transit through Area 1B with more 
than 2,000 lb (907.2 kg) of Atlantic herring on board, provided all 
herring was caught outside Area 1B and all fishing gear is stowed and 
not available for immediate use as defined by 50 CFR

[[Page 76488]]

648.2. All herring vessels must land in accordance with state landing 
restrictions.
    Effective 00:01 hr local time, November 25, 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 1B 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 25, 2020.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.201(a)(1)(i), which 
was issued pursuant to section 304(b), 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 is 
unnecessary and 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). NMFS is required by 
Federal regulation to implement a 2,000-lb (907.2-kg) herring trip 
limit for Management Area 1B through December 31, 2020, when 92 percent 
of the area quota is projected to be harvested. The 2020 herring 
fishing year opened on January 1, 2020, and Management Area 1B opened 
to fishing on May 1, 2020. Data indicating the herring fleet will have 
landed at least 92 percent of the 2020 sub-ACL allocated to Management 
Area 1B recently became available. Catch in this fishery increases 
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 1B for this fishing year will likely be exceeded, 
undermining conservation objectives of the Fishery Management Plan. 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: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-26303 Filed 11-24-20; 4:15 pm]
BILLING CODE 3510-22-P