Rule2022-24598
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2022 Management Area 1A Possession Limit Adjustment
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 10, 2022
Effective
November 8, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 prevent overharvest of herring in Area 1A, which would result in additional catch limit reductions in a subsequent year.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67829-67830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24598]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 210325-0071; RTID 0648-XC508]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2022 Management Area 1A Possession Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession limit adjustment.
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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 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 8, 2022, through
December 31, 2022.
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 NMFS to 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 94 percent of the Area 1A sub-ACL by November 7, 2022.
Therefore, effective 00:01 hr local time November 8, 2022, through
December 31, 2022, 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 8,
2022, 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 8, 2022, 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 Area 1A, unless it is from
a vessel that enters port before 00:01 hr local time on November 8,
2022, 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.
[[Page 67830]]
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 possession limit adjustments 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 2022 herring fishing year began on January 1, 2022, and
Management Area 1A opened to fishing on July 10, 2022. Data indicating
that the herring fleet will have landed at least 92 percent of the 2022
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
possession limit adjustment is delayed to solicit prior public comment,
the 2022 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 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-24598 Filed 11-7-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 10, 2022.
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