Rule2021-26059
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021 Closure of the Atlantic Herring Fishery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 30, 2021
Effective
November 25, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26059]
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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.
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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
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</html>Indexed from Federal Register on November 30, 2021.
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