Rule2024-30083
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to 2025 Specifications
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Published
December 19, 2024
Effective
December 19, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This interim final rule makes an in-season adjustment to the 2025 Atlantic herring specifications and sub-annual catch limits for the four Atlantic herring management areas (including Area 1A, 1B, 2, and 3). This action is necessary to respond to updated scientific information from a 2024 herring management track stock assessment and achieve the goals and objectives of the Atlantic Herring Fishery Management Plan. This action reduces current 2025 catch limits to lessen the risk overfishing and help rebuild the stock.
Full Text
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103695-103698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30083]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 241212-0326]
RIN 0648-XE368
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Fisheries of the Northeastern United States; Atlantic
Herring Fishery; Adjustment to 2025 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 final rule makes an in-season adjustment to the
2025 Atlantic herring specifications and sub-annual catch limits for
the four Atlantic herring management areas (including Area 1A, 1B, 2,
and 3). This action is necessary to respond to updated scientific
information from a 2024 herring management track stock assessment and
achieve the goals and objectives of the Atlantic Herring Fishery
Management Plan. This action reduces current 2025 catch limits to
lessen the risk overfishing and help rebuild the stock.
DATES: Effective December 19, 2024, through December 31, 2025.
ADDRESSES: Copies of supporting documents, including the 2023-2025
Atlantic Herring Specifications, are available from the Sustainable
Fisheries Division, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315,
or online at: <a href="https://www.nefmc.org/management-plans/herring">https://www.nefmc.org/management-plans/herring</a> and
<a href="https://www.fisheries.noaa.gov/species/atlantic-herring#management">https://www.fisheries.noaa.gov/species/atlantic-herring#management</a>.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648, subpart K. NMFS implemented the
2025 specifications in the 2023-2025 specifications for the Atlantic
herring fishery (88 FR 17397; March 23, 2023). The specifications set
an overfishing limit (OFL), acceptable biological catch (ABC), annual
catch limit (ACL), and sub-ACLs for 2023-2025 for each of the four
management areas in the herring fishery, subject to future review and
any necessary adjustments. FMP regulations Sec. 648.200(e) state that
NMFS may make in-season adjustments to the herring specifications and
sub-ACLs to achieve conservation and management objectives, after
consulting with the New England Fishery Management Council, during the
fishing year in accordance with the Administrative Procedure Act and
consistent with FMP objectives and provisions.
Amendment 8 to the FMP (86 FR 1810; January 11, 2021) implemented
an ABC control rule for the herring fishery. The ABC control rule is a
formulaic approach for setting a harvest limit and is designed to
balance the goals and objectives of the FMP, including managing the
fishery at long-term sustainable levels and accounting for herring's
role as forage in the ecosystem. The ABC control rule states that when
biomass is at or above 50 percent of the biomass associated with
maximum sustainable yield (B<INF>MSY</INF>) or its proxy, ABC is the
catch associated with a maximum fishing mortality (F) of 80 percent of
F<INF>MSY</INF> or its proxy. When biomass falls below 50 percent of
B<INF>MSY</INF> or its proxy, the allowable F declines linearly to zero
at 10 percent of B<INF>MSY</INF> or its proxy.
On October 2, 2020, NMFS determined the Atlantic herring stock was
overfished, but overfishing was not occurring. Framework 9 to the FMP
(87 FR 42962; July 19, 2022) established a 5-year rebuilding plan for
herring with an F consistent with the ABC control rule implemented in
Amendment 8. The rebuilding plan was expected to rebuild the stock by
2026, however, the duration of the rebuilding period was extended from
5 years (2026) to 7 years
[[Page 103696]]
(2028) with implementation of the 2023-2025 herring specifications.
A 2024 herring management track stock assessment (2024 stock
assessment) was completed in June 2024. According to the results of the
2024 stock assessment, the stock continues to be overfished with
overfishing not occurring. Retrospective pattern adjustments were
necessary because the model overestimated biomass and underestimated
mortality. The adjusted spawning stock biomass was estimated to be 26
percent (47,955 metric tons (mt)) of B<INF>MSY</INF> and the adjusted F
was estimated to be 58 percent (0.263) of the overfishing threshold
(F<INF>MSY</INF> equals 0.45). The 2024 stock assessment was unable to
explain a cause for the stock's historic and continued low recruitment
and projected that poor recruitment of herring will likely result in a
substantial decline in biomass.
On July 31, 2024, the Council's Science and Statistical Committee
(SSC) reviewed the 2024 stock assessment and recommended harvest limits
for 2025-2027. The SSC recommended using the ABC control rule for the
OFL and ABC recommendations for 2025-2027, while noting concern for the
continued low recruitment and low spawning stock biomass.
At its September 2024 meeting, the Council reviewed the 2024 stock
assessment and recommended new specifications for 2025-2027. The
Council's recommendations are consistent with the ABC control rule and
the SSC's recommendations, with the following exception. Catch
projections from the 2024 stock assessment allow for harvest limit
increases in 2026 and 2027, compared to 2025. However, the Council
recommended holding 2026 harvest limits constant for 2027, instead of
allowing for projected limit increases. This precautionary measure is
intended to lessen the risk of overfishing and support stock
rebuilding, while recognizing that 2027 specifications will likely be
revised following the 2025 herring research track stock assessment.
NMFS intends to implement the 2025-2027 specifications via proposed
and final rulemaking as soon as possible, but the 2025-2027
specifications would not be effective in time for the start of the
fishing year on January 1, 2025. Catch projections from the 2024
assessment indicate the need for an almost 90-percent reduction from
the current 2025 ACL (23,961 mt) to the new, reduced 2025 ACL (2,710
mt). Implementing the reduced 2025 specifications after the start of
the fishing year on January 1, 2025, raises a significant risk that
catch may exceed the reduced catch limits. Therefore, to ensure the
reduced 2025 specifications are in place at the start of the fishing
year on January 1, the Council requested that NMFS use an in-season
adjustment to reduce the current 2025 specifications and sub-ACLs as
soon as possible, and NMFS concurs.
The FMP regulations at Sec. 648.201(g) specify that unharvested
catch in a herring management area in a fishing year (up to 10 percent
of that area's sub-ACL) shall be carried over and added to the sub-ACL
for that herring management area for the fishing year following the
year when total catch is determined. Preliminary data suggest that 2023
catch levels were substantially lower than allowed in herring
management areas 1B and 2. Thus, a percentage of catch underages from
2023 is eligible for carryover to 2025: approximately 54 mt from Area
1B and 346 mt from Area 2. Given the substantial catch reduction needed
for 2025 to support the FMP's conservation and management objectives,
the Council requested that NMFS use its in-season adjustment authority
to nullify any carryover in 2025. NMFS agrees that nullifying any
carryover is necessary to lessen the risk of overfishing and to help
rebuild the stock. The potential long-term negative effects on the
herring stock associated with an increased risk of overfishing and
delayed rebuilding outweigh the short-term economic benefits associated
with harvesting the available carryover.
Therefore, this interim final rule adjusts the 2025 specifications
and sub-ACLs consistent with the FMP's goals to lessen the risk of
overfishing and help rebuild the stock. The current and reduced 2025
specifications are shown in the table below.
Measures Implemented in This Action
This action reduces 2025 specifications and sub-ACLs consistent
with the FMP's goals to lessen the risk of overfishing and help rebuild
the stock. The complete 2025-2027 specifications would be implemented
via proposed and final rulemaking as soon as possible following the in-
season adjustment. The current and new, reduced 2025 specifications are
shown in table 1 below.
Table 1--In-Season Adjusted 2025 Herring Specifications
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Current 2025
Specifications (mt) New 2025 (mt)
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Overfishing Limit....................... 40,727 18,273
Acceptable Biological Catch............. 28,181 6,741
Management Uncertainty Buffer........... 4,220 4,031
Optimal Yield/Annual Catch Limit........ 23,961 2,710
Domestic Annual Harvest................. 23,961 2,710
Border Transfer......................... 0 0
Domestic Annual Processing.............. 23,961 2,710
US At-Sea Processing.................... 0 0
Area 1A Sub-ACL (28.9%)................. 6,925 783
Area 1B Sub-ACL (4.3%).................. 1,030 117
Area 2 (27.8%).......................... 6,661 753
Area 3 (39%)............................ 9,345 1,057
Fixed Gear Set-Aside.................... 30 30
Research Set-Aside...................... 0% 0%
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* 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.
[[Page 103697]]
OFL
OFL is equal to catch resulting from applying F<INF>MSY</INF> to a
current estimate of stock size. This action decreases the 2025 OFL by
55 percent relative to the current 2025 OFL. The difference between the
current and reduced OFLs is due to data updates during the 2024
assessment. F<INF>MSY</INF> is lower in the 2024 assessment than it was
in the previous 2022 assessment (0.45 and 0.50, respectively) and
projected biomass is much lower in the 2024 assessment than it was in
the 2022 assessment (47,955 mt and 79,231 mt, respectively).
ABC
ABC must be less than or equal to the OFL. This action reduces the
current 2025 ABC by 76 percent. The difference between the current and
reduced ABCs are due to data updates contained and discussed in the
2024 assessment. Under the ABC control rule, the target F that defines
the ABC depends on the ratio of biomass to B<INF>MSY</INF>. The smaller
the ratio, the smaller the target F and ABC. Biomass is lower in the
2024 assessment than it was in the 2022 assessment, causing the ratio
of biomass to B<INF>MSY</INF> to decrease relative to the 2022
assessment, resulting in a lower target F and ABC.
Management Uncertainty
The ACL is reduced from the ABC 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 2025 ABC 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 (4,031 mt) is based on New Brunswick weir
fishery landings during 2014-2023.
Other Specifications Components
The Council recommended maintaining the remainder of the 2025
herring specifications at current levels or using existing methodology
to calculate them, as described in Table 1, and NMFS agrees with this
approach.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Pursuant to section 305(d), this action is
necessary to carry out the Atlantic Herring FMP and its regulations at
Sec. 648.200(e). Consistent with the FMP and regulations, in this
action NMFS reduces the 2025 herring specifications to achieve
conservation and management objectives, after consulting with the
Council at its September 2024 meeting. The NMFS Assistant Administrator
(AA) has determined that this rule is consistent with Atlantic Herring
FMP, National Standards and other provisions of the Magnuson-Stevens
Act, and other applicable law.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is not required to be
issued with opportunity for prior notice and opportunity for public
comment.
This interim final rule is exempt from the procedures of Executive
Order (E.O.) 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
This interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
The AA finds good cause under 5 U.S.C. 553(b)(B) that prior notice
and the opportunity for public comment on this interim final rule would
be impracticable and contrary to the public interest because this
action to make an in-season adjustment to reduce the 2025 Atlantic
herring specifications would lessen the risk of overfishing and help
rebuild the stock, consistent with the Magnuson-Stevens Act, and the
Atlantic Herring FMP, including the rebuilding plan.
Data in the 2024 assessment, which was completed in June, showed
that the stock continues to be overfished with overfishing not
occurring. At its September 2024 meeting, the Council reviewed the 2024
stock assessment and recommended new specifications for 2025-2027.
Catch projections in the 2024 assessment indicate the need for an
almost 90-percent reduction in the current 2025 ACL (23,961 mt) to the
adjusted 2025 ACL (2,710 mt), as reduced in this in-season adjustment.
NMFS intends to implement the 2025-2027 specifications in proposed and
final rules via the notice and comment rulemaking process as soon as
possible, but the 2025-2027 specifications would not be effective in
time for the start of the fishing year on January 1, 2025. However,
implementing the adjusted 2025 specifications after the start of the
fishing year on January 1, 2025, would raise a significant risk that
catch occurring before implementation may exceed the adjusted 2025
catch limits.
The Atlantic Herring FMP regulations at Sec. 648.200(e) specify
that NMFS may adjust the herring specifications and sub-ACLs to achieve
conservation and management objectives, after consulting with the
Council, in accordance with the Administrative Procedure Act and
consistent with FMP objectives and provisions. To ensure adjusted
(reduced) 2025 harvest specifications are in place at the start of the
fishing year on January 1, 2025, thus lessening the risk of overfishing
and helping rebuild the stock, the Council requested NMFS to use an in-
season adjustment to reduce the 2025 specifications and sub-ACLs as
soon as possible, and NMFS concurs. Public testimony at the September
Council meeting largely reflected the understanding that this 2025 in-
season adjustment is necessary to lessen the risk of overfishing and
help rebuild the stock. A delay in implementing adjusted (reduced) 2025
specifications would increase the risk that 2025 catch levels would
exceed the adjusted (reduced) limits, potentially resulting in
overfishing and negatively affecting stock rebuilding.
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 the date of effectiveness for
this interim final rule. Waiving the delay in the date of effectiveness
for this in-season action to adjust (reduce) the 2025 catch limits
would allow the adjusted catch limits to go in effect at the start of
the fishing year, whereas delaying the effective date could undermine
this action's intended conservation benefits of lessening the risk of
overfishing and helping rebuild the stock.
Authority: 16 U.S.C. 1801 et seq.
[[Page 103698]]
Dated: December 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-30083 Filed 12-18-24; 8:45 am]
BILLING CODE 3510-22-P
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