Rule2023-05797
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; 2023-2025 Atlantic Herring Fishery Specifications
Primary source
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Published
March 23, 2023
Effective
March 23, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This interim rule implements 2023-2025 Atlantic herring fishery specifications, subject to public comment. This action also removes possession limits in Herring Management Area 1B and Area 3, adjusts 2023 fishery specifications to account either for Management Area catch limit overages or carryover of unharvested catch from 2021, updates the target rebuilding date for herring, removes the inshore midwater trawl restricted area regulations, corrects typographical errors in several existing regulations, and restores regulatory requirements that were unintentionally removed from the Code of Federal Regulations. This action is necessary to respond to updated scientific information from a 2022 management track assessment and to achieve the goals and objectives of the Atlantic Herring Fishery Management Plan. The approved measures are intended to help prevent overfishing, rebuild the overfished herring stock, achieve optimum yield on a continuing basis, and ensure that management measures are based on the best scientific information available.
Full Text
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<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17397-17403]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05797]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077]
RIN 0648-BL90
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; 2023-2025
Atlantic Herring Fishery Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: This interim rule implements 2023-2025 Atlantic herring
fishery specifications, subject to public comment. This action also
removes possession limits in Herring Management Area 1B and Area 3,
adjusts 2023 fishery specifications to account either for Management
Area catch limit overages or carryover of unharvested catch from 2021,
updates the target rebuilding date for herring, removes the inshore
midwater trawl restricted area regulations, corrects typographical
errors in several existing regulations, and restores regulatory
requirements that were unintentionally removed from the Code of Federal
Regulations. This action is necessary to respond to updated scientific
information from a 2022 management track assessment and to achieve the
goals and objectives of the Atlantic Herring Fishery Management Plan.
The approved measures are intended to help prevent overfishing, rebuild
the overfished herring stock, achieve optimum yield on a continuing
basis, and ensure that management measures are based on the best
scientific information available.
DATES: Effective March 23, 2023. Public comments must be received by
April 24, 2023.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0015,
by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0015 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the comment period may not be considered by NMFS. All
comments received are a part of the public record and will generally be
posted for public viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without change. All
personal identifying information (e.g., name, address, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
Copies of the 2023-2025 herring specifications action, including
the Supplemental Information Report (SIR) and the Regulatory Impact
Review (RIR) prepared by the New England Fishery Management Council in
support of this action, are available from Thomas A. Nies, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950. These documents are also accessible via the
internet at <a href="https://www.nefmc.org/management-plans/herring">https://www.nefmc.org/management-plans/herring</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Copies of the small entity compliance guide are
available from on the internet at: <a href="http://www.greateratlantic.fisheries.noaa.gov">http://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, (978) 281-9196, <a href="/cdn-cgi/l/email-protection#521f33203b337c14373c263d3c123c3d33337c353d24"><span class="__cf_email__" data-cfemail="763b17041f1758301318021918361819171758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background
2. Summary of Approved Measures
3. 2023-2025 Herring Fishery Specifications
4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and
Area 3
5. Adjustments to 2023 Herring Fishery Specifications
6. Revision to the Herring Rebuilding Plan
7. Removal of Inshore Midwater Trawl Restricted Area Regulations
8. Other Administrative Revisions and Corrections
1. Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648, subpart K. The regulations at
Sec. 648.200 require the New England Fishery Management Council to
recommend herring specifications for NMFS' review and publication in
the Federal Register, including: The overfishing limit (OFL);
acceptable biological catch (ABC); annual catch limit (ACL); optimum
yield (OY); management uncertainty; domestic annual harvest (DAH);
domestic annual processing (DAP); U.S. at-sea processing (USAP); border
transfer; the sub-ACL for each management area, including seasonal
periods as specified by Sec. 648.201(d) and modifications to sub-ACLs
as specified by Sec. 648.201(f); and the amount to be set aside for
the research set-aside (RSA) (0-3 percent of the sub-ACL from any
management area) for a period of 3 years. These regulations also
provide the Council with the discretion to modify accountability
measures, possession limits, river herring monitoring/avoidance areas,
and river herring and shad catch caps through the specifications
process.
Consistent with the opportunity for public comment provided by the
regulations, NMFS is implementing these specifications as recommended
by the Council, subject to further consideration of additional public
comments in response to this rule. Immediate implementation pending
consideration of public comment allows herring fishery participants
increased fishing opportunities consistent with the higher catch limits
in this action. The specifications implemented in this action are
consistent with the ABC
[[Page 17398]]
control rule put in place by Amendment 8 to the Atlantic Herring FMP
and are responsive to updated assessment data, both of which have been
subject to robust public comment during the development of Amendment 8
and these specifications. The specifications are formulaic and
dependent on applying updated data to the ABC control rule, a rule that
was developed using a comprehensive management strategy evaluation
process. The resulting recommendations were closely analyzed and
commented on during their development. Further opportunity for public
comment after implementing these measures will help ensure there have
been no significant omissions or errors, or other information that
might warrant changes. NMFS will publish a subsequent final rule if
NMFS receives any significant comments.
The Northeast Fisheries Science Center completed the most recent
herring management track assessment in June 2022. The results of the
2022 assessment indicated that the stock is overfished but overfishing
is not occurring, which is unchanged from the 2020 assessment. The 2022
assessment updated fishery catch data, survey indices, life history
parameters, biological reference points, and several assumptions in the
model used to generate short-term biomass projections. The Council's
Scientific and Statistical Committee (SSC) met on August 4, 2022, to
review the results of the 2022 assessment and make OFL and ABC
recommendations for 2023-2025. The Herring Plan Development Team (PDT)
recommended that the SSC base its OFL and ABC recommendations on the
ABC control rule, which is consistent with the herring rebuilding plan
that was implemented in August 2022. The SSC considered the PDT's
recommendation; however, due to the amount of scientific uncertainty in
the stock assessment and concerns over the magnitude of the increase in
projected 2024-2025 OFLs and ABCs, the SSC also considered holding the
2023 OFL and ABC values constant during 2023-2025. Because the ABC
control rule was developed using a rigorous management strategy
evaluation, use of the ABC control rule is consistent with the herring
rebuilding plan, and the PDT's recommended specifications incorporate
updated assessment information, the SSC ultimately decided to recommend
the PDT's recommended OFLs and ABCs. The Council finalized its 2023-
2025 herring fishery specification recommendations during its September
2022 meeting. The Council's recommendations are consistent with the
advice of the SSC and the PDT.
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) permits NMFS to approve, partially approve, or
disapprove measures proposed by the Council based only on whether the
measures are consistent with the fishery management plan, plan
amendment, the Magnuson-Stevens Act and its National Standards, and
other applicable law. NMFS intended to propose the Council's
recommended specifications prior to implementing them. However, in
order to ensure that revised 2023 herring fishery specifications are
implemented as soon after the start of the fishing year (January 1,
2023) as possible, NMFS is implementing 2023-2025 herring fishery
specifications and other management measures through this interim final
rule, subject to further consideration of public comments. If
implementation of revised 2023 specifications is delayed, the herring
fleet may miss out on the economic opportunities associated with these
specifications.
2. Summary of Approved Measures
This action implements the Council's recommended 2023-2025 herring
fishery specifications pursuant to the administrative authority granted
to NMFS under the Magnuson-Stevens Conservation and Management Act at
section 305(d). The specifications include OFL, ABC, ACL, OY,
management uncertainty, DAH, DAP, USAP, border transfer, management
area sub-ACLs, RSA, and river herring/shad catch caps for each year
during 2023-2025.
This action also implements a number of other measures that are not
part of the 2023-2025 herring fishery specifications action, pursuant
to the administrative authority granted to NMFS under the Magnuson-
Stevens Act at section 305(d). NMFS is implementing these measures in
conjunction with the 2023-2025 herring fishery specifications action
for expediency purposes, and because some of these measures are related
to the specifications being implemented through this action. The
additional measures being implemented through this action are listed
below:
<bullet> Removal of 2,000-lb (907.2-kg) Possession Limits from Area
1B and Area 3--this action removes 2,000-lb (907.2-kg) possession
limits for herring in Area 1B and Area 3 that were implemented in
January 2023;
<bullet> Adjustments to 2023 herring fishery specifications--this
action announces adjustments to the 2023 herring fishery specifications
in order to account for catch overages and carryover of unharvested
catch from 2021;
<bullet> Revision to the herring rebuilding plan--this action
revises the target rebuilding date for herring;
<bullet> Removal of inshore midwater trawl restricted area
regulations--this action removes the inshore midwater trawl restricted
area; and
<bullet> Other administrative revisions and corrections--this
action corrects a typographical error in the coordinates for the
Western Gulf of Maine Habitat Management Area, revises an incorrect
regulatory citation in the herring regulations pertaining to measures
to address slippage on vessels issued a Category A or B herring permit,
and restores general recordkeeping and reporting requirements that were
unintentionally removed from the Code of Federal Regulations.
3. 2023-2025 Herring Fishery Specifications
This action implements the Council's recommended 2023-2025 herring
fishery specifications. In 2021, the interim final rule implementing
Framework Adjustment 8 to the Atlantic Herring FMP set herring fishery
specifications for 2021-2023 based on the results of a 2020 management
track assessment (86 FR 17081, April 1, 2021). This action replaces the
default 2023 specifications that were implemented through Framework 8
(Table 1).
Table 1--Summary of Default and Revised 2023-2025 Herring Fishery Specifications
[mt]
----------------------------------------------------------------------------------------------------------------
Default values Revised values
(Framework 8) --------------------------------------
Specification ------------------
2023 2023 2024 2025
----------------------------------------------------------------------------------------------------------------
OFL.................................................... 44,600 29,138 32,233 40,727
ABC.................................................... 8,767 16,649 23,409 28,181
[[Page 17399]]
Management Uncertainty *............................... 4,669 4,220 4,220 4,220
OY/ACL................................................. 4,098 * 12,429 * 19,189 * 23,961
DAH.................................................... 4,098 12,429 19,189 23,961
Border Transfer........................................ 0 0 0 0
DAP.................................................... 4,098 12,429 19,189 23,961
USAP................................................... 0 0 0 0
Area 1A sub-ACL (28.9%)................................ 1,184 * 3,592 * 5,546 * 6,925
Area 1B sub-ACL (4.3%)................................. 176 534 825 1,030
Area 2 sub-ACL (27.8%)................................. 1,139 3,455 5,335 6,661
Area 3 sub-ACL (39%)................................... 1,598 4,847 7,484 9,345
Fixed Gear Set-Aside................................... 30 30 30 30
RSA as % of sub-ACL.................................... 0% 0% 0% 0%
----------------------------------------------------------------------------------------------------------------
\*\ If New Brunswick weir landings are less than 2,722 mt through October 1, then 1,000 mt will be subtracted
from the management uncertainty buffer and reallocated to the Area 1A sub-ACL and the ACL.
OFL
This action decreases the 2023 OFL by 35 percent relative to the
default 2023 OFL that was implemented through Framework 8. The
difference between the default and revised 2023 OFLs is due to the data
updates and changes that were made in the model assumptions during the
2022 assessment. The 2023 OFL decreased for two reasons: Fishing
mortality at maximum sustainable yield (F<INF>MSY</INF>) was lower in
the 2022 assessment than it was in the 2020 assessment (0.50 and 0.54,
respectively); and projected 2023 biomass was much lower in the 2022
assessment than it was in the 2020 assessment (79,231 mt and 130,616
mt, respectively).
ABC
This action increases the 2023 ABC by 90 percent relative to the
default 2023 ABC that was implemented through Framework 8. The
difference between the default and revised 2023 ABCs are due to the
data updates and changes that were made in the model assumptions during
the 2022 assessment. Under the ABC control rule, the target F that
defines the ABC depends on the ratio of spawning stock biomass (SSB) to
SSB<INF>MSY</INF>. The larger the ratio, the bigger the target F and
ABC, and vice-versa. MSY reference points were revised during the 2022
management track assessment and, as a result, SSB<INF>MSY</INF>
decreased relative to the 2020 assessment. This caused the ratio of SSB
to SSB<INF>MSY</INF> to increase relative to the 2020 assessment,
resulting in a higher 2023 ABC.
Management Uncertainty
The herring ACL is reduced from the ABC in order to account for
management uncertainty. The Atlantic Herring FMP states that sources of
management uncertainty can include, but are not limited to, uncertainty
surrounding catch in the New Brunswick weir fishery and herring discard
estimates in Federal and state waters. Currently, the only source of
management uncertainty that is applied to the 2023-2025 ABCs is catch
in the New Brunswick weir fishery. Since Framework Adjustment 6 to the
Atlantic Herring FMP was implemented in 2020 (85 FR 26874, May 6,
2020), management uncertainty has been calculated as the average annual
landings in the New Brunswick weir fishery over the most recent 10-year
period. Landings in the weir fishery are highly variable, fluctuating
with herring availability and fishing effort. Using landings data from
a 10-year period captures this variability. This action maintains the
same approach for calculating management uncertainty. The resulting
management uncertainty buffer (4,220 mt) is based on New Brunswick weir
fishery landings during 2012-2021.
New Brunswick Weir Adjustment
This rule modifies the New Brunswick weir adjustment regulations at
Sec. 648.201(h) to state that if NMFS determines that the weir fishery
landed less than 2,722 mt of herring through October 1, NMFS will
subtract 1,000 mt from the management uncertainty buffer and reallocate
that 1,000 mt to the Area 1A sub-ACL and the ACL. Currently, Sec.
648.201(h) states that this transfer will be completed if NMFS
determines that the New Brunswick weir fishery landed less than 3,012
mt of herring through October 1. Since 2016, the transfer trigger has
been calculated based on a proportion (64.5 percent) of the management
uncertainty buffer. This action maintains the same approach for
calculating the transfer trigger, which in this instance results in
2,722 mt.
Other Specifications Components
The Council recommended keeping the remainder of the 2023-2025
herring specifications status quo and/or using status quo methodology
to calculate them. This action also maintains status quo river herring
and shad catch caps for 2023-2025 (Table 2).
Table 2--2023-2025 River Herring and Shad Catch Caps
[mt]
------------------------------------------------------------------------
Default values Revised values
Catch cap -----------------------------------
2023 2023-2025
------------------------------------------------------------------------
Midwater Trawl Gulf of Maine........ 76.7 76.7
Midwater Trawl Cape Cod............. 32.4 32.4
Midwater Trawl Southern New England 129.6 129.6
and Mid-Atlantic...................
[[Page 17400]]
Bottom Trawl Southern New England 122.3 122.3
and Mid-Atlantic...................
------------------------------------------------------------------------
4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and
Area 3
Herring regulations at Sec. 648.201(a)(1)(i)(A) require NMFS to
implement a 2,000-lb (907.2-kg) herring possession limit for Area 1B
beginning on the date that catch is projected to reach 92 percent of
the sub-ACL for that area. Herring regulations at Sec.
648.201(a)(1)(i)(B)(2) require NMFS to implement a 2,000-lb (907.2-kg)
herring possession limit for Area 3 beginning on the date that catch is
projected to reach 98 percent of the sub-ACL for that area. In 2021,
the interim final rule implementing Framework 8 set herring fishery
specifications for 2021-2023. By regulation, these specifications
remain in place until they are replaced by new specifications. The
updated 2023 herring fishery specifications being implemented through
this action replace the default 2023 specifications that were
previously implemented through Framework 8. However, until this action
becomes effective, the herring fishery will continue to operate under
the default 2023 specifications. The fishery has been operating under
the default 2023 specifications since January 1, 2023.
Based on dealer reports, state data, and other available
information, NMFS estimated that the herring fleet had harvested 92
percent of the default 2023 Area 1B sub-ACL by January 6, 2023, and 98
percent of the default 2023 Area 3 sub-ACL by January 10, 2023.
Therefore, in January 2023, NMFS implemented 2,000-lb (907.2-kg)
possession limits in Area 1B and Area 3 (88 FR 2271, January 13, 2023;
and 88 FR 2859, January 18, 2023, respectively). The updated 2023 Area
1B and Area 3 sub-ACLs implemented through this action are higher than
the default 2023 Area 1B and Area 3 sub-ACLs that were implemented
through Framework 8. Because these sub-ACLs are increased through this
action, the amount of herring that has been caught in Area 1B in 2023
does not exceed 92 percent of the updated 2023 Area 1B sub-ACL, and the
amount of herring that has been caught in Area 3 in 2023 does not
exceed 98 percent of the updated 2023 Area 3 sub-ACL. Therefore, this
action removes the 2,000-lb (907.2-kg) possession limits that were
previously implemented in Area 1B and Area 3.
If/when NMFS projects that herring catch will exceed 92 percent of
the updated Area 1B sub-ACL, NMFS will implement a 2,000-lb (907.2-kg)
possession limit in Area 1B in accordance with the regulations at Sec.
648.201(a)(1)(i)(A). If/when NMFS projects that herring catch will
exceed 90 percent of the updated Area 3 sub-ACL, NMFS will implement a
40,000-lb (18,143.7-kg) possession limit in Area 3 in accordance with
the regulations at Sec. 648.201(a)(1)(i)(B)(1). If/when NMFS projects
that herring catch will exceed 98 percent of the updated Area 3 sub-
ACL, NMFS will implement a 2,000-lb (907.2-kg) possession limit in Area
3 in accordance with the regulations at Sec. 648.201(a)(1)(i)(B)(2).
5. Adjustments to 2023 Herring Fishery Specifications
Herring regulations require that unharvested catch (equaling up to
10 percent of the initial sub-ACL) from a herring management area in a
given fishing year shall be carried over and added to the sub-ACL for
that management area in the fishing year following total catch
determination. Carryover gets added to the applicable management area
sub-ACL, but it does not get added to the ACL. Herring regulations also
require that if NMFS determines that total catch exceeded a management
area sub-ACL by any amount and the ACL was also exceeded in a given
fishing year, then NMFS shall subtract the full amount of the sub-ACL
overage from the applicable sub-ACL and the full amount of the ACL
overage from the ACL in the fishing year following total catch
determination. This action announces adjustments to the 2023 herring
specifications to account for carryover of unharvested catch and catch
overages from 2021 (Table 3).
Table 3--Summary of 2021 Catch and Adjusted 2023 Herring Fishery Specifications
[mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2021 Catch 2021 Underages Overage 2023 2023
Specification 2021 Limits Final (percent of (+) and Carryover deductions Initial Adjusted
(adjusted) catch limits) overages (-) for 2023 * for 2023 values values
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A Sub-ACL...................................... 2,609 2,856 109 -247 0 247 3,592 3,345
Area 1B Sub-ACL...................................... 239 0 0 239 21 0 534 555
Area 2 Sub-ACL....................................... 652 191 29 461 134 0 3,455 3,589
Area 3 Sub-ACL....................................... 2,181 2,222 102 -41 0 41 4,847 4,806
ACL.................................................. 5,128 5,268 103 -140 0 140 12,429 12,287
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Up to 10 percent of the initial 2021 sub-ACL can be carried over to 2023.
6. Revision to the Herring Rebuilding Plan
The final rule implementing Framework Adjustment 9 to the Atlantic
Herring FMP established a rebuilding plan for herring that became
effective in August 2022 (87 FR 42962; July 19, 2022). Analyses
conducted during the development of Framework 9 indicated that under
this rebuilding plan, the herring stock could rebuild in 5 years (by
2026) assuming long-term average recruitment. New projections that were
generated for this action using updated data indicate that the herring
stock is no longer likely to rebuild by 2026, but it could rebuild by
2028. This action revises the target rebuilding date for herring to
2028 in order to reflect the results of these updated analyses. This
still falls within the 10-year rebuilding
[[Page 17401]]
period required under the Magnuson-Stevens Act.
7. Removal of Inshore Midwater Trawl Restricted Area Regulations
In 2021, Amendment 8 to the Atlantic Herring FMP prohibited the use
of midwater trawl gear inshore of 12 nautical miles (22 km) from the
U.S./Canada border to the Rhode Island/Connecticut border and inshore
of 20 nautical miles (37 km) off the east coast of Cape Cod with the
intent of addressing issues of localized depletion and user group
conflict (86 FR 1810, January 11, 2021). However, as a result of
litigation by midwater trawl industry members, a Court ruled that this
measure was arbitrary and capricious and violated the Administrative
Procedure Act based on a conclusion that the available scientific
information did not sufficiently support that localized depletion was
occurring. The Court further ruled that implementation of the inshore
midwater trawl restricted area failed to comply with National Standard
4 to the Magnuson-Stevens Act because the rule did not sufficiently
demonstrate that the measure was reasonably calculated to promote
conservation. As a result, the inshore midwater trawl restricted area
measures were vacated. Accordingly, this action removes the regulatory
text that implemented the inshore midwater trawl restricted area from
the prohibitions at Sec. 648.14, and the herring regulations at Sec.
648.202.
8. Other Administrative Revisions and Corrections
In 2016, Volume 3 of the Final Environmental Impact Statement
(FEIS) prepared for the Omnibus Essential Fish Habitat Amendment 2
contained coordinates for the Western Gulf of Maine Habitat Management
Area (HMA). In the FEIS, the longitude for one of the points defining
the Western Gulf of Maine HMA (WGMH4) was erroneously listed as
70[deg]15' W. The correct longitude for this point is 70[deg]00' W.
This typographical error was repeated in the final rule (83 FR 15240)
implementing the Omnibus Essential Fish Habitat Amendment 2. This
action corrects the coordinates for the Western Gulf of Maine HMA
(Table 4) at Sec. 648.370(f)(1).
Table 4--Corrected Coordinates for the Western Gulf of Maine HMA
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
WGMH1........................... 43[deg]15' N 70[deg]15' W
WGMH2........................... 42[deg]15' N 70[deg]15' W
WGMH3........................... 42[deg]15' N 70[deg]00' W
WGMH4........................... 43[deg]15' N 70[deg]00' W
WGMH1........................... 43[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
Herring regulations at Sec. 648.202(b)(4)(iv) reference
regulations containing measures to address slippage on vessels issued a
Category A or B herring permit at Sec. 648.11(m)(4)(iv) and (v).
However, the regulations containing measures to address slippage on
vessels issued a Category A or B herring permit are located at Sec.
648.11(m)(7)(iv) through (vi). This action corrects this regulatory
citation.
On January 1, 2023, regulatory text pertaining to general
recordkeeping and reporting requirements at Sec. 648.7(b)(1) was
unintentionally removed from the Code of Federal Regulations. This
action restores the regulatory text that was previously found at Sec.
648.7(b)(1).
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) is promulgating final regulations that
have been determined to be consistent with the Atlantic Herring FMP,
provisions of the Magnuson-Stevens Act, and other applicable law.
The AA finds good cause under 5 U.S.C. 553(b)(3)(B) that prior
notice and the opportunity for public comment on this interim final
rule would be contrary to the public interest because it would
undermine the benefits conferred by the measures in this action. The
public is anticipating the implementation of these measures, since the
Council voted on recommended specifications during a public meeting.
Additionally, the specifications implemented in this action are
formulaic and calculated by applying the ABC control rule to updated
assessment data. Both the ABC control rule and the updated fishery data
were closely analyzed and subject to public comment during the
development of Amendment 8 and these specifications. Further, the final
specifications being implemented through this action need to be in
place as soon as possible after the start of the herring fishing year
on January 1, 2023. If implementation of this action is delayed,
updated 2023 herring fishery specifications may not be in effect before
the conclusion of the winter fishery in Areas 1B and 3. If this occurs,
the herring fleet may miss out on the economic opportunities associated
with the updated specification. The Council submitted the final SIR to
NMFS on January 10, 2023. NMFS has worked as quickly as possible to
implement this interim final rule while ensuring that the rulemaking
process is consistent with the herring specifications requirements at
Sec. 648.200. Last, NMFS is accepting public comment on this interim
final rule, which will help ensure there have been no significant
omissions or errors, or other information that might warrant changes.
NMFS will publish a subsequent final rule if NMFS receives any
significant comments. If information submitted during the public
comment period resulted in NMFS approving and implementing reduced
fishery specifications, any overages of those specifications that
occurred before NMFS implemented a final rule may need to be deducted
from the applicable sub-ACLs and/or the ACL in a future fishing year.
Therefore, a potential final rule would need to be implemented as soon
as possible.
For these same reasons, the AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness for this interim
final rule. No additional time is required for any regulated party to
come into compliance with the measures in this interim final rule. In
order to comply with this final rule, herring vessels will simply need
to adhere to the new 2023 herring fishery specifications.
The Office of Management and Budget has determined that this final
rule is not significant pursuant to Executive Order (E.O.) 12866.
This interim final rule does not contain policies with federalism
or takings implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This final rule does not contain any new information collection
requirements, including reporting or recordkeeping requirements, for
the purposes of the Paperwork Reduction Act.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is not required to be issued with an
opportunity for prior notice and opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
[[Page 17402]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.7, add paragraph (b)(1) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) Fishing Vessel Trip Reports. The owner or operator of any
vessel issued a valid permit, or eligible to renew a limited access
permit under this part must maintain on board the vessel, and submit,
and accurate fishing log report for each fishing trip, regardless of
species fished for or taken, by electronic means. This report must be
entered into and submitted through a software application approved by
NMFS.
(i) Vessel owners or operators. With the exception of those vessel
owners or operators fishing under a surfclam or ocean quahog permit, at
least the following information as applicable and any other information
required by the Regional Administrator must be provided:
(A) Vessel name;
(B) USCG documentation number (or state registration number, if
undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of crew;
(H) Number of anglers (if a charter or party boat);
(I) Gear fished;
(J) Quantity and size of gear;
(K) Mesh/ring size;
(L) Chart area fished;
(M) Average depth;
(N) Latitude/longitude;
(O) Total hauls per area fished;
(P) Average tow time duration;
(Q) Hail weight, in pounds (or count of individual fish, if a party
or charter vessel), by species, of all species, or parts of species,
such as monkfish livers, landed or discarded; and, in the case of skate
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total
length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, total
length) skates;
(R) Dealer permit number;
(S) Dealer name;
(T) Date sold, port and state landed; and
(U) Vessel operator's name, signature, and operator's permit number
(if applicable).
(ii) Atlantic mackerel owners or operators. The owner or operator
of a vessel issued a limited access Atlantic mackerel permit must
report catch (retained and discarded) of Atlantic mackerel daily via
VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information
required by the Regional Administrator: Fishing Vessel Trip Report
serial number; month, day, and year Atlantic mackerel was caught; total
pounds of Atlantic mackerel retained and total pounds of all fish
retained. Daily Atlantic mackerel VMS catch reports must be submitted
in 24-hr intervals for each day and must be submitted by 0900 hr on the
following day. Reports are required even if Atlantic mackerel caught
that day have not yet been landed. This report does not exempt the
owner or operator from other applicable reporting requirements of this
section.
(iii) Surfclam and Ocean Quahog owners or operators. The owner or
operator of any vessel conducting any surfclam and ocean quahog fishing
operations must provide at least the following information and any
other information required by the Regional Administrator:
(A) Name and permit number of the vessel;
(B) Total amount in bushels of each species taken;
(C) Date(s) caught;
(D) Time at sea;
(E) Duration of fishing time;
(F) Locality fished;
(G) Crew size;
(H) Crew share by percentage;
(I) Landing port;
(J) Date sold;
(K) Price per bushel;
(L) Buyer;
(M) Tag numbers from cages used;
(N) Quantity of surfclams and ocean quahogs discarded; and
(O) Allocation permit number.
(iv) Private tilefish recreational vessel owners and operators. The
owner or operator of any fishing vessel that holds a Federal private
recreational tilefish permit, must report for each recreational trip
fishing for or retaining blueline or golden tilefish in the Tilefish
Management Unit. The required Vessel Trip Report must be submitted by
electronic means. This report must be submitted through a NMFS-approved
electronic reporting system within 24 hours of the trip returning to
port. The vessel operator may keep paper records while onboard and
upload the data after landing. The report must contain the following
information:
(A) Vessel name;
(B) USCG documentation number (or state registration number, if
undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of anglers;
(H) Species;
(I) Gear fished;
(J) Quantity and size of gear;
(K) Soak time;
(L) Depth;
(M) Chart Area;
(N) Latitude/longitude where fishing occurred;
(O) Count of individual golden and blueline tilefish landed or
discarded; and
(P) Port and state landed.
* * * * *
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3. In Sec. 648.14, remove paragraphs (r)(1)(vi)(H) and (I).
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4. In Sec. 648.201, revise paragraph (h) to read as follows:
Sec. 648.201 AMs and harvest controls.
* * * * *
(h) If NMFS determines that the New Brunswick weir fishery landed
less than 2,722 mt of herring through October 1, NMFS will subtract
1,000 mt from management uncertainty and reallocate that 1,000 mt to
the ACL and Area 1A sub-ACL. NMFS will notify the Council of this
adjustment and publish the adjustment in the Federal Register.
0
5. In Sec. 648.202:
0
a. Remove and reserve paragraph (a)(2); and
0
b. Revise paragraph (b)(4)(iv).
The revision reads as follows:
Sec. 648.202 Season and area restrictions.
* * * * *
(b)
(4) * * *
(iv) Comply with the measures to address slippage specified in
Sec. 648.11(m)(7)(iv) through (vi) if the vessel was issued a Category
A or B Herring Permit.
0
6. In Sec. 648.370, revise the Western Gulf of Maine HMA table in
paragraph (f)(1) to read as follows:
Sec. 648.370 Habitat Management Areas.
* * * * *
(f) * * *
(1) * * *
Table 6 to Paragraph (f)(1)--Western Gulf of Maine HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
WGMH1........................... 43[deg]15' N 70[deg]15' W
WGMH2........................... 42[deg]15' N 70[deg]15' W
WGMH3........................... 42[deg]15' N 70[deg]00' W
WGMH4........................... 43[deg]15' N 70[deg]00' W
WGMH1........................... 43[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
[[Page 17403]]
* * * * *
[FR Doc. 2023-05797 Filed 3-22-23; 8:45 am]
BILLING CODE 3510-22-P
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