[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67877-67878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26059]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210325-0071; RTID 0648-XB612]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2021 Closure of the Atlantic Herring Fishery

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

ACTION: Temporary rule; fishery closure.

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

SUMMARY: NMFS is closing the Atlantic herring fishery and implementing 
a 2,000-lb (907.2-kg) possession limit for herring in all Herring 
Management Areas. This is required because NMFS projects that herring 
catch will reach 95 percent of the annual catch limit before

[[Page 67878]]

the end of the fishing year. This action is intended to prevent 
overharvest of herring, which would result in additional catch limit 
reductions in a subsequent year.

DATES: Effective 00:01 hr local time, November 25, 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 based 
on vessel and dealer reports, state data, and other available 
information. Regulations at 50 CFR 648.201(a)(1)(ii) require that we 
close the herring fishery and implement a 2,000-lb (907.2-kg) 
possession limit for herring beginning on the date that catch is 
projected to reach 95 percent of the annual catch limit (ACL).
    Based on vessel reports, dealer reports, and other available 
information, the Regional Administrator projects that the herring fleet 
has caught 95 percent of the herring ACL by November 23, 2021. 
Therefore, effective 00:01 hr local time November 25, 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 (907.2-kg) of herring per trip or more than once per calendar 
day.
    Vessels that enter port before 00:01 hr local time on November 25, 
2021, may land and sell more than 2,000 lb (907.2 kg) of herring from 
that trip, provided that catch is landed in accordance with state 
management measures and the herring were not caught in a Management 
Area already subject to a 2,000-lb (907.2-kg) possession limit.
    Also effective 00:01 hr local time, November 25, 2021, through 
24:00 hr local time, December 31, 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 a vessel, unless 
it is from a vessel that enters port before 00:01 hr local time on 
November 25, 2021, catch is landed in accordance with state management 
measures, and the herring were not caught in a Management Area already 
subject to a 2,000-lb (907.2-kg) possession limit.

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 on this action has been 
provided for the required implementation of this action. The 
requirement to implement this fishery closure 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 fishery closure also were subject to public notice and 
opportunity to comment. Herring fishing industry participants monitor 
catch closely and anticipate a potential fishery closure as the catch 
total approaches the ACL. 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 Atlantic herring fishing year began on January 1, 2021. 
Data indicating that the Atlantic herring fleet will have landed at 
least 95 percent of the 2021 ACL only recently became available. High-
volume catch and landings in this fishery can increase total catch 
relative to the ACL quickly, especially in this fishing year where 
catch limits are unusually low. If implementation of this fishery 
closure is delayed to solicit prior public comment, the 2021 herring 
ACL will likely be further exceeded; thereby undermining the 
conservation objectives of the Atlantic Herring Fishery Management Plan 
(FMP). When the ACL is exceeded, the excess must be deducted from a 
future ACL and reduces future fishing opportunities. The public expects 
these fishery closure 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 24, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-26059 Filed 11-24-21; 4:15 pm]
BILLING CODE 3510-22-P