Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2019 Specifications
| Published date | 31 October 2019 |
| Citation | 84 FR 58339 |
| Record Number | 2019-23734 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 211 (Thursday, October 31, 2019)
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58339-58340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23734]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151215999-6960-02]
RIN 0648-XX022
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustment to the 2019 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; in-season adjustment.
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SUMMARY: NMFS increases the 2019 Atlantic herring annual catch limit
and Area 1A sub-annual catch limit by 1,000 mt. This action is required
by the herring regulations when, based on data through October 1, the
New Brunswick weir fishery lands less than 4,000 mt of herring. This
notice is intended to inform the public of these catch limit changes.
DATES: Effective October 28, 2019, through December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management
Specialist, (978) 281-9352; or [email protected].
SUPPLEMENTARY INFORMATION: NMFS published final 2019 specifications for
the Atlantic Herring Fishery Management Plan on February 8, 2019 (84 FR
2760), establishing the 2019 annual catch limit (ACL) and area sub-
ACLs. Table 1 shows the original herring specifications for 2019 and
the specifications that are revised by this action for the remainder of
the calendar year.
The NMFS Regional Administrator tracks herring landings in the New
Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h)
require that if the New Brunswick weir fishery landings through October
1 are less than 4,000 mt, then NMFS subtracts 1,000 mt from the
management uncertainty buffer and increases the ACL and Area 1A sub-ACL
by 1,000 mt. When such a determination is made, NMFS is required to
notify the New England Fishery Management Council and publish the ACL
and Area 1A sub-ACL adjustment in the Federal Register.
The Regional Administrator has determined, based on the best
available information, that the New Brunswick weir fishery landed less
than 4,000 mt through October 1, 2019. Therefore, effective October 28,
2019, 1,000 mt will be re-allocated from the management uncertainty
buffer to the Area 1A sub-ACL. This increases the Area 1A sub-ACL from
4,354 mt to 5,354 mt and the ACL from 15,065 mt to 16,065 mt. These
revised specifications will be used to project when catch will reach 92
percent of the Area 1A sub-ACL or 95 percent of the ACL for the purpose
of implementing a 2,000-lb (907-kg) herring possession limit in Area 1A
or in all management areas, respectively.
Table 1--Atlantic Herring Specifications for 2019
[mt]
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Original Revised
specifications specifications
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Overfishing Limit....................... 30,668 30,668
Acceptable Biological Catch............. 21,266 21,266
Management Uncertainty.................. 6,200 5,200
Optimum Yield/ACL....................... 15,065 16,065
Domestic Annual Harvest................. 15,065 15,065
Border Transfer......................... 0 0
Domestic Annual Processing.............. 15,065 15,065
U.S. At-Sea Processing.................. 0 0
Area 1A Sub-ACL (28.9%)................. 4,354 5,354
Area 1B Sub-ACL (4.3%).................. 647 647
Area 2 Sub-ACL (27.8%).................. 4,188 4,188
Area 3 Sub-ACL (39%).................... 5,876 5,876
Fixed Gear Set-Aside.................... 39 39
Research Set-Aside...................... (*) (*)
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* 3 percent of sub-ACLs.
[[Page 58340]]
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on this in-season adjustment because it would be
contrary to the public interest. This action allocates a portion of the
management uncertainty buffer to the ACL and Area 1A sub-ACL for the
remainder of the year. If implementation of this in-season action is
delayed to solicit prior public comment, the objective of the fishery
management plan to achieve the optimum yield (OY) in the fishery could
be compromised. Deteriorating weather conditions during the latter part
of the fishing year may reduce fishing effort, and could also prevent
the ACL from being fully harvested. This would conflict with NMFS'
legal obligation under the Magnuson-Stevens Fishery Conservation and
Management Act to achieve the OY from a fishery on a continuing basis,
resulting in a negative economic impact on vessels permitted to fish in
this fishery. Moreover, the process being applied here was the subject
of notice and comment rulemaking; the adjustment is routine and
formulaic, required by regulation, and is expected by industry. The
potential to re-allocate the management uncertainty buffer was also
outlined in the final 2019 herring specifications that were published
February 8, 2019, which were developed through public notice and
comment. Based on these considerations, NMFS further finds, pursuant to
5 U.S.C 553(d)(3), good cause to waive the 30-day delayed effectiveness
period for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-23734 Filed 10-28-19; 4:15 pm]
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