Rule2023-10425
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 3 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
May 16, 2023
Effective
May 14, 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 3. This is required because NMFS projects that herring catch from Area 3 will reach 98 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 3, which would result in additional catch limit reductions in a subsequent year.
Full Text
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<title>Federal Register, Volume 88 Issue 94 (Tuesday, May 16, 2023)</title>
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[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31193-31195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10425]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077; RTID 0648-XD015]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2023 Management Area 3 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 3. This is required because
NMFS projects that herring catch from Area 3 will reach 98 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 3,
[[Page 31194]]
which would result in additional catch limit reductions in a subsequent
year.
DATES: Effective 00:01 hr local time on May 14, 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 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)(B)(2) require that NMFS implement a 2,000-lb (907.2-
kg) possession limit for herring for Area 3 beginning on the date that
catch is projected to reach 98 percent of the sub-annual catch limit
(ACL) for that area.
Based on vessel trip reports, vessel monitoring system catch
reports, dealer reports, and other available information, the Regional
Administrator projects that the herring fleet will catch 98 percent of
the Area 3 sub-ACL by May 14, 2023. Therefore, effective 00:01 hr local
time May 14, 2023, through 24:00 hr local time 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 3.
Vessels that enter port before 00:01 local time on May 14, 2023,
may land and sell more than 2,000 lb (907.2 kg) of herring from Area 3
from that trip, provided that catch is landed in accordance with state
management measures. Vessels may transit or land in Area 3 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, May 14, 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 3, unless it is from
a vessel that enters port before 00:01 local time on May 14, 2023, and
catch is landed in accordance with state management measures.
This 2,000-lb (907.2 kg) possession limit bypasses the 40,000-lb
(18,143.7-kg) possession limit that is required when NMFS projects that
90 percent of the sub-ACL will be caught. Regulations at Sec.
648.201(a)(1)(i)(B)(1) require NMFS to implement a 40,000-lb (18,143.7-
kg) possession limit for herring for Area 3 beginning on the date that
catch is projected to reach 90 percent of the herring sub-ACL for that
area. Based on vessel trip reports, vessel monitoring system catch
reports, dealer reports, and other available information, we estimate
that 90 percent of the Area 3 sub-ACL was harvested by May 8, 2023.
However, due to the low 2023 sub-ACLs, the high volume nature of this
fishery, and the progress of catch this fishing year, we project that
98 percent of the sub-ACL in Area 3 will be harvested by May 14, 2023.
Implementing the 40,000-lb (18,143.7-kg) limit before the 2,000-lb
(907.2 kg) limit is impracticable due to the small amount of time
between the 90 percent and 98 percent catch projection dates and
substantially increases the risk of exceeding the sub-ACL due to the
low amount of available catch remaining under the sub-ACL. The limited
time for the two different notices is logistically difficult and could
result in substantial confusion. The limited time between projected
dates and the relatively low available catch could also encourage
significantly increased fishing effort if we first implemented the
40,000-lb (18,143.7-kg) limit in Area 3. This increase could require a
quicker implementation of the 2,000-lb (907.2 kg) limit than possible.
To minimize the chance of a potential sub-ACL overage occurring and to
avoid incentivizing potential changes in fishing behavior that could
contribute to an overage, NMFS is bypassing the 40,000-lb (18,143.7-kg)
possession limit and implementing the 2,000-lb (907.2-kg) possession
limit in Area 3.
The herring fishery began operating under default 2023 fishery
specifications on January 1, 2023. On January 13, 2023, we implemented
a 2,000-lb (907.2 kg) possession limit for herring in Area 3 because we
estimated the fleet had caught 98 percent of the default Area 3 sub-
ACL. On March 23, 2023, we published an interim final rule that
replaced the default 2023 herring fishery specifications with updated
2023 specifications. This action also removed the 2,000-lb (907.2 kg)
possession limit that was previously implemented in Area 3 because,
relative to the updated Area 3 sub-ACL, catch from Area 3 no longer hit
the threshold required to implement this possession limit adjustment.
This inseason action implements a new 2,000-lb (907.2 kg) possession
limit in Area 3 because catch relative to the updated 2023 Area 3 sub-
ACL now hits the threshold required to implement this possession limit
adjustment.
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 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 2021. 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.
Updated 2023 herring fishery specifications were implemented on
March 23, 2023. Data indicating that the herring fleet will have landed
at least 98 percent of the 2023 sub-ACL allocated to Area 3 only
recently became available. High-volume catch and landings in this
fishery can increase total catch relative to the sub-ACL
[[Page 31195]]
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 3
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: May 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-10425 Filed 5-11-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 16, 2023.
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