[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17551-17552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No: 210325-0071; RTID 0648-XA993]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2021 Management Area 3 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 Management Area 3. 
This closure is required because NMFS projects 98 percent of the catch 
allotted to Management Area 3 has been caught. This action is intended 
to prevent or limit the overharvest of Atlantic herring in Management 
Area 3, which would result in additional quota reductions next year.

DATES: Effective 00:01 hr local time, April 1, 2021, through 24:00 
local time, December 31, 2021.

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. The regulations at 50 CFR 
648.201(a)(1)(i)(B)(2) require that the Regional Administrator 
prohibits federally permitted vessels from fishing for, possessing, 
transferring, receiving, landing, or selling more than 2,000 pounds 
(lb) (907.2 kilograms (kg)) in or from Atlantic herring Management Area 
3 when 98 percent of the sub-Annual Catch Limit (ACL) is harvested. 
Based on dealer reports, state data, and other available information, 
the Regional Administrator projects that 98 percent of the Management 
Area 3 sub-ACL was harvested as of April 1, 2021. Therefore, effective 
00:01 hr local time April 1, 2021, 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 
3, through December 31, 2021. Vessels that have entered port before 
00:01 hr local time, April 1, 2021, may land or sell more than 2,000 lb 
(907.2 kg) of Atlantic herring from Area

[[Page 17552]]

3 from that trip. A vessel may transit through Area 3 with more than 
2,000 lb (907.2 kg) of Atlantic herring on board, provided all herring 
was caught outside Area 3 and all fishing gear is stowed and not 
available for immediate use as defined by 50 CFR 648.2. All herring 
vessels must land in accordance with state landing restrictions.
    Effective 00:01 hr local time, April 1, 2021, through 24:00 hr 
local time, December 31, 2021, federally permitted dealers may not 
purchase, possess, have custody or control of, sell, barter, trade or 
transfer, or attempt to sell, barter, trade, or transfer more than 
2,000 lb of herring per vessel per trip or calendar day from Management 
Area 3 through 24:00 hr local time, December 31, 2021, unless it is 
from a vessel that enters port before 00:01 local time on April 1, 
2021.

Classification

    This action is required by 50 CFR 648.201(a)(1)(i)(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 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 3, when 98 
percent of the area quota is projected to be harvested. The 2021 
herring fishing year opened on January 1, 2021, and Management Area 3 
opened to fishing on that day. Data indicating the herring fleet will 
have landed at least 98 percent of the 2021 sub-ACL allocated to 
Management Area 3 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 3 for this 
fishing year will likely be exceeded, undermining conservation 
objectives of the Fishery Management Plan. When sub-ACLs are exceeded, 
the overage 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: March 31, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-06958 Filed 3-31-21; 4:15 pm]
BILLING CODE 3510-22-P