Rule2023-00602
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 1B 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
January 13, 2023
Effective
January 11, 2023
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 1B. This is required because NMFS projects that herring catch from Area 1B will reach 92 percent of the Area's current sub-annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 1B, which would result in additional catch limit reductions in a subsequent year.
Full Text
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<title>Federal Register, Volume 88 Issue 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Page 2271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00602]
[[Page 2271]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 210325-0071]
RTID 0648-XC671
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2023 Management Area 1B 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 1B. This is required because
NMFS projects that herring catch from Area 1B will reach 92 percent of
the Area's current sub-annual catch limit before the end of the fishing
year. This action is intended to prevent overharvest of herring in Area
1B, which would result in additional catch limit reductions in a
subsequent year.
DATES: Effective 00:01 hr local time, January 11, 2023, through
December 31, 2023.
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 that NMFS implement a 2,000-lb (907.2-kg)
possession limit for herring for Area 1B 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 92 percent of the Area 1B sub-ACL by January 6, 2023.
Therefore, effective 00:01 hr local time January 11, 2023, through
December 31, 2023, 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 in or from Area 1B.
Vessels that enter port before 00:01 hr local time on January 11,
2023, may land and sell more than 2,000 lb (907.2 kg) of herring from
Area 1B from that trip, provided that catch is landed in accordance
with state management measures. Vessels may transit or land in Area 1B
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, January 11, 2023, 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 1B, unless it is from
a vessel that enters port before 00:01 hr local time on January 11,
2023, and catch is landed in accordance with state management measures.
The projected catch is 92 percent of the current Area 1B sub-ACL.
The current Area 1B sub-ACL is equal to the 2023 Area 1B sub-ACL that
was previously implemented through Framework Adjustment 8 to the
Atlantic Herring Fishery Management Plan (FMP), which will remain in
place until it is revised through the specification process. NMFS is
working on implementing updated 2023 specifications as soon as
practicable consistent with the specifications process.
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 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 2023 herring fishing year began on January 1, 2023. Data
indicating that the herring fleet will have landed at least 92 percent
of the 2023 sub-ACL allocated to Area 1B 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 2023 sub-ACL for Area 1B will likely be exceeded; thereby
undermining the conservation objectives of the Herring 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: January 10, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-00602 Filed 1-10-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 13, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.