[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Rules and Regulations]
[Pages 62958-62959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24828]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210325-0071; RTID 0648-XB583]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2021 Management Area 1A Closure Possession Limit

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

ACTION: Temporary rule; possession limit reduction.

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

SUMMARY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit 
for Atlantic herring for Management Area 1A. This is required because 
NMFS projects that herring catch from Area 1A will reach 92 percent of 
the Area's sub-annual catch limit before the end of the fishing year. 
This action is intended to

[[Page 62959]]

prevent overharvest of herring in Area 1A, which would result in 
additional catch limit reductions in a subsequent year.

DATES: Effective 00:01 hr local time, November 11, 2021, through 
December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management 
Specialist, (978) 281-9196.

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors Atlantic herring fishery catch in 
each Management Area based on vessel and dealer reports, state data, 
and other available information. Regulations at 50 CFR 
648.201(a)(1)(i)(A) require that we implement a 2,000-lb (907.2-kg) 
possession limit for herring for Area 1A beginning on the date that 
catch is projected to reach 92 percent of the sub-annual catch limit 
(ACL) for that area.
    Based on vessel reports, dealer reports, and other available 
information the Regional Administrator projects that the herring fleet 
will have caught 92 percent of the Area 1A sub-ACL by November 8, 2021. 
Therefore, effective 00:01 hr local time November 11, 2021, through 
December 31, 2021, a person may not attempt or do any of the following: 
Fish for; possess; transfer; purchase; receive; land; or sell more than 
2,000 lb of herring per trip or more than once per calendar day in or 
from Area 1A.
    Vessels that enter port before 00:01 hr local time on November 11, 
2021, may land and sell more than 2,000 lb (907.2 kg) of herring from 
Area 1A from that trip, provided that catch is landed in accordance 
with state management measures. Vessels may transit or land in Area 1A 
with more than 2,000 lb (907.2 kg) of herring on board, provided that: 
The herring were caught in an area not subject to a 2,000-lb (907.2-kg) 
limit; all fishing gear is stowed and not available for immediate use; 
and the vessel is issued a permit appropriate to the amount of herring 
on board and the area where the herring was harvested.
    Also effective 00:01 hr local time, November 11, 2021, through 
24:00 hr local time, December 31, 2021, federally permitted dealers may 
not attempt or do any of the following: Purchase; receive; possess; 
have custody or control of; sell; barter; trade; or transfer more than 
2,000 lb (907.2 kg) of herring per trip or calendar day from Area 1A, 
unless it is from a vessel that enters port before 00:01 hr local time 
on November 11, 2021, and catch is landed in accordance with state 
management measures.

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 is 
unnecessary, contrary to the public interest, and impracticable. Ample 
prior notice and opportunity for public comment has been provided for 
the required implementation of this action. The requirement to 
implement this possession limit was developed by the New England 
Fishery Management Council using public meetings that invited public 
comment on the measures when they were developed and considered along 
with alternatives. Further, the regulations requiring NMFS to implement 
this possession limit also were subject to public notice and 
opportunity to comment, when they were first adopted in 2014. Herring 
fishing industry participants monitor catch closely and anticipate 
potential directed fishery closures as catch totals approach Area sub-
ACLs. The regulation provides NMFS with no discretion and is designed 
for implementation as quickly as possible to prevent catch from 
exceeding limits designed to prevent overfishing while allowing the 
fishery to achieve optimum yield.
    The 2021 herring fishing year began on January 1, 2021, and Area 1A 
opened to fishing on June 13, 2021. Data indicating that the herring 
fleet will have landed at least 92 percent of the 2021 sub-ACL 
allocated to Area 1A only recently became available. High-volume catch 
and landings in this fishery can 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 2021 sub-ACL for Area 1A will 
likely be exceeded; thereby undermining the conservation objectives of 
the Herring Fishery Management Plan (FMP). If sub-ACLs are exceeded, 
the excess must be deducted from a future sub-ACL and would reduce 
future fishing opportunities. The public expects these actions to occur 
in a timely way consistent with the FMP's objectives. For the reasons 
stated above, NMFS also finds good cause to waive the 30-day delayed 
effectiveness in accordance with 5 U.S.C 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 8, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-24828 Filed 11-9-21; 4:15 pm]
BILLING CODE 3510-22-P