Rule2023-22875
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2023 Specifications
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
October 17, 2023
Effective
October 12, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the 2023 Atlantic herring specifications for the remainder of 2023. Herring regulations specify that NMFS will subtract 1,000 metric tons (mt) from the management uncertainty buffer and reallocate it to the herring annual catch limit and Area 1A sub- annual catch limit if NMFS determines that the New Brunswick weir fishery landed less than 2,722 mt of herring through October 1.
Full Text
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<title>Federal Register, Volume 88 Issue 199 (Tuesday, October 17, 2023)</title>
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[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71504-71505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22875]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077; RTID 0648-XD421]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustment to the 2023 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
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SUMMARY: NMFS is adjusting the 2023 Atlantic herring specifications for
the remainder of 2023. Herring regulations specify that NMFS will
subtract 1,000 metric tons (mt) from the management uncertainty buffer
and reallocate it to the herring annual catch limit and Area 1A sub-
annual catch limit if NMFS determines that the New Brunswick weir
fishery landed less than 2,722 mt of herring through October 1.
DATES: Effective October 12, 2023 through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, 978-281-9196.
SUPPLEMENTARY INFORMATION: NMFS published final 2023 specifications for
the Atlantic herring fishery on March 23, 2023 (88 FR 17397),
establishing the 2023 annual catch limit (ACL) and management area sub-
ACLs. The regulations at 50 CFR 648.201(h) specify that NMFS will
subtract 1,000 mt from the management uncertainty buffer and reallocate
it to the herring ACL and Area
[[Page 71505]]
1A sub-ACL if NMFS determines that the New Brunswick weir fishery
landed less than 2,722 mt of herring through October 1. When such an
adjustment is made, the regulations at Sec. 648.201(h) state that NMFS
will notify the New England Fishery Management Council and publish the
adjustment in the Federal Register.
Data from Canada's Department of Fisheries and Oceans indicate that
the New Brunswick weir fishery landed 525 mt of herring through October
1, 2023. Based on this catch information and NMFS' analysis of recent
catch performance data, the best available information indicates that
the New Brunswick weir fishery landed less than 2,722 mt of herring
through October 1, 2023, and NFMS is implementing an inseason
adjustment to the 2023 herring fishery specifications. Effective upon
notice filing in the Federal Register, the management uncertainty
buffer will decrease from 4,220 mt to 3,220 mt, the ACL will increase
from 12,287 mt to 13,287 mt, and the Area 1A sub-ACL will increase from
3,345 mt to 4,345 mt for the remainder of 2023 (Table 1).
Table 1--Atlantic Herring Specifications for 2023
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Current Adjusted
specifications specifications
(mt) (mt)
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Overfishing Limit................. 29,138 29,138
Acceptable Biological Catch....... 16,649 16,649
Management Uncertainty............ 4,220 3,220
Optimum Yield/ACL................. 12,287 13,287
Domestic Annual Harvest........... 12,429 13,429
Border Transfer................... 0 0
Domestic Annual Processing........ 12,429 13,429
U.S. At-Sea Processing............ 0 0
Area 1A Sub-ACL (28.9 percent).... 3,345 4,345
Area 1B Sub-ACL (4.3 percent)..... 555 555
Area 2 Sub-ACL (27.8 percent)..... 3,589 3,589
Area 3 Sub-ACL (39 percent)....... 4,806 4,806
Fixed Gear Set-Aside.............. 30 30
Research Set-Aside (RSA).......... 0% 0%
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Once this temporary rule takes effect, NMFS will use the adjusted
specifications for the remainder of 2023 when evaluating whether NMFS
needs to implement a possession limit adjustment for Area 1A or for the
whole fishery. The regulations at Sec. 648.201(a)(1)(i)(A) specify
that NMFS shall implement a 2,000-pound (lb) (907.2-kilogram (kg))
possession limit for herring for Area 1A beginning on the date that
catch is projected to reach 92 percent of the sub-ACL for that area.
The regulations at Sec. 648.201(a)(1)(ii) specify that NMFS shall
close the herring fishery and implement a 2,000-lb (907.2-kg)
possession limit for herring beginning on the date that catch is
projected to reach 95 percent of the ACL.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is in accordance with 50 CFR part 648, which
was issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on this inseason adjustment because it would be
unnecessary and contrary to the public interest. This inseason
adjustment reallocates a portion of the management uncertainty buffer
to the herring ACL and Area 1A sub-ACL for the remainder of the
calendar year pursuant to a previously published regulation that
provides notice of this annual potential adjustment and does not
include discretionary implementation. Further, this reallocation
process was the subject of prior notice and comment rulemaking. The
inseason adjustment is routine and formulaic, specified in the
regulations, and is expected by industry. The potential to reallocate
the management uncertainty buffer was also outlined in the 2023 herring
specifications that were published March 23, 2023 (88 FR 17397), which
were developed through public notice and comment. Further, this
inseason adjustment provides additional economic opportunity for the
herring fleet. If implementation of this action is delayed to solicit
public comment, the objective of the fishery management plan to achieve
optimum yield in the fishery could be compromised. Deteriorating
weather conditions during the latter part of the fishing year may
reduce fishing effort, and could also prevent the ACL from being fully
harvested. This would result in a negative economic impact on vessels
permitted to fish in this fishery. Based on these considerations, NMFS
further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the
30-day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22875 Filed 10-12-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 17, 2023.
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