[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Page 66160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27845]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151215999-6960-02]
RIN 0648-XG691


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2018 River Herring and Shad Catch Cap Reached for Midwater 
Trawl Vessels in the Cape Cod Catch Cap Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is reducing the Atlantic herring possession limit for 
vessels fishing with midwater trawl gear in the Cape Cod Catch Cap 
Closure Area, based on a projection that the prescribed catch cap for 
that area has been reached. This action is necessary to comply with the 
regulations implementing the Atlantic Herring Fishery Management Plan 
and is intended to limit the harvest of river herring and shad in the 
Cape Cod Catch Cap Area.

DATES: Effective 00:01 hr local time, December 21, 2018, through 
December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management 
Specialist, (978) 282-8457.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring 
fishery can be found at 50 CFR part 648, including requirements for 
setting annual catch cap allocations for river herring and shad. NMFS 
set the 2018 catch cap in the Cape Cod Catch Cap Area at 32.4 mt. NMFS 
established this value in the 2016 through 2018 herring specifications 
(81 FR 75731, November 1, 2016).
    The NMFS Administrator of the Greater Atlantic Region (Regional 
Administrator) monitors the herring fishery in each of the catch cap 
areas based on vessel and dealer reports, state data, and other 
available information. The regulations at Sec.  648.201 require that 
when the Regional Administrator projects that river herring and shad 
catch will reach 95 percent of a catch cap for vessels fishing with a 
specific gear type in a specified catch cap area, NMFS must prohibit, 
through notification in the Federal Register, vessels fishing with that 
gear type from fishing for, catching, possessing, transferring, 
receiving, or landing more than 2,000 lb (907.2 kg) of herring per trip 
or calendar day in or from that specified catch cap closure area for 
the remainder of the fishing year.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that herring midwater trawl vessels 
will have caught 95 percent of the river herring and shad catch cap 
allocated to that gear type in the Cape Cod Catch Cap Area by December 
21, 2018. Therefore, effective 00:01 hr local time, December 21, 2018, 
through December 31, 2018, vessels fishing with midwater trawl gear may 
not fish for, catch, possess, transfer, or land more than 2,000 lb 
(907.2 kg) of herring per trip or calendar day, in or from the Cape Cod 
Catch Cap Closure Area. Midwater trawl vessels that have entered port 
before 00:01 hr local time, December 21, 2018, may land and sell more 
than 2,000 lb (907.2 kg) of herring from the Cape Cod Catch Cap Closure 
Area from that trip. Midwater trawl vessels may transit through the 
Cape Cod Catch Cap Closure Area with more than 2,000 lb (907.2 kg) of 
herring on board, provided all herring in excess of 2,000 lb (907.2 kg) 
was caught outside of this area and all fishing gear is stowed and not 
available for immediate use as defined by 50 CFR 648.2.
    This action also prohibits federally permitted dealers from 
purchasing herring from federally permitted herring vessels that used 
midwater trawl gear to harvest more than 2,000 lb (907.2 kg) of herring 
from the Cape Cod Catch Cap Closure Area through 24:00 hr local time, 
December 31, 2018, unless the vessel enters port before 00:01 local 
time on December 21, 2018.

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)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. Further, in 
accordance with 5 U.S.C. 553(d)(3), NMFS finds good cause to waive the 
30-day delayed effectiveness. NMFS is required by Federal regulation to 
immediately put in place a 2,000-lb (907.2-kg) herring trip limit for 
Cape Cod Catch Cap Closure Area through December 31, 2018. This action 
restricts the catch of herring in the Cape Cod Catch Cap Closure Area 
for the remainder of the fishing year. Once data become available 
projecting 95 percent of the river herring/shad quota will be caught, 
regulations at Sec.  648.201(a)(4)(ii) require NMFS to implement a 
2,000-lb (907.2-kg) herring trip and calendar day possession limit to 
ensure that herring vessels fishing with midwater trawl gear do not 
exceed the quota allocated to that gear type in the Cape Cod Catch Cap 
Area. Federally permitted dealers are also prohibited from purchasing 
herring from vessels that used midwater trawl gear to harvest more than 
2,000 lb (907.2 kg) of herring from the Cape Cod Catch Cap Closure 
Area. High-volume catch and landings in this fishery increase catch 
totals relative to catch caps quickly. If implementation of this 
closure is delayed to solicit prior public comment, the midwater trawl 
catch cap for the Cape Cod Catch Cap Closure Area for this fishing year 
will likely be exceeded, thereby undermining the conservation 
objectives of the Atlantic Herring Fishery Management Plan. 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: December 19, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-27845 Filed 12-19-18; 4:15 pm]
 BILLING CODE 3510-22-P