Rule2025-21916
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Second 2025 Management Area 1A Possession Limit Adjustment
Primary source
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Published
December 4, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing a 2,000-pound (lb; 907.2-kilogram (kg)) possession limit for Atlantic herring for Management Area 1A. This adjustment is required because NMFS projects that herring catch from Area 1A has reached 92 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 1A, which would result in additional catch limit reductions in a subsequent year.
Full Text
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<title>Federal Register, Volume 90 Issue 231 (Thursday, December 4, 2025)</title>
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[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Rules and Regulations]
[Pages 55815-55816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21916]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No: 230316-0077; RTID 0648-XF343]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Second 2025 Management Area 1A 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-pound (lb; 907.2-kilogram (kg))
possession limit for Atlantic herring for Management Area 1A. This
adjustment is required because NMFS projects that herring catch from
Area 1A has reached 92 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 1A, which would result in additional
catch limit reductions in a subsequent year.
DATES: December 2, 2025, through December 31, 2025.
FOR FURTHER INFORMATION CONTACT: Ashley Trudeau, Fishery Resource
Management Specialist, (978) 281-9252.
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 implementation of a 2,000-lb (907.2-kg)
possession limit for herring for Area 1A when catch is projected to
reach 92 percent of the sub-annual catch limit (ACL) for that area. The
Magnuson-Stevens Fishery Conservation and Management Act provides
authority to implement the possession limit only to the Secretary of
Commerce, which has been delegated to the Regional Administrator.
Based on vessel reports, dealer reports, and other available
information the Regional Administrator estimates that the herring fleet
caught 102 percent of the Area 1A sub-ACL through November 26, 2025.
Therefore, unless otherwise changed by subsequent action, effective
0001 hr local time December 2, 2025, through December 31, 2025, 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 of
herring per trip or more than once per calendar day in or from Area 1A.
Vessels that enter port before 0001 hr local time on December 2,
2025, may land and sell more than 2,000 lb (907.2 kg) of herring from
Area 1A from that trip, provided that the catch is landed in accordance
with state management measures. Vessels may transit or land in Area 1A
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, unless otherwise changed by subsequent action, effective 0001
hr local time, December 2, 2025, through 2400 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 1A, unless it is from a
vessel that enters port before 0001 hr local time on December 2, 2025,
and catch is landed in accordance with state management measures.
On June 25, 2025, NMFS proposed new 2025-2027 herring
specifications, which, if they become final, would increase the 2025
ACL and sub-ACLs, including the Area 1A sub-ACL (90 FR 26955). If
appropriate, the 2,000-lb possession limit for Area 1A would be lifted
until 92 percent of the new 2025 Area 1A sub-ACL is projected to be
caught, including all 2025 Area 1A catch harvested prior to
implementation of the new specifications.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act. It is required by 50
CFR part 648, which was issued pursuant to section 304(b), and is
exempt from review under Executive Order 12866.
NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public comment because it is
unnecessary, contrary to the public interest, and impracticable.
[[Page 55816]]
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 implementation of
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 is not discretionary 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 2025 herring fishing year began on January 1, 2025, and
Management Area 1A opened to fishing on July 27, 2025. The first 2025
Management Area 1A possession limit adjustment was implemented on
August 6, 2025 when over 99 percent of the Area 1A sub-ACL was
projected to be caught. Because the New Brunswick weir fishery landed
less than 2,722 mt of herring through October 1, 2025, 1,000 mt were
subtracted from the management uncertainty buffer and reallocated to
the herring ACL and Area 1A sub-ACL (90 FR 51570, August 18, 2025).
This re-allocation allowed Area 1A to briefly re-open until 92 percent
of the adjusted Area 1A was projected to be caught. 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 2025 sub-ACL
for Area 1A will likely be exceeded; thereby undermining the
conservation objectives of the Herring Fishery Management Plan (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: December 1, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-21916 Filed 12-2-25; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 4, 2025.
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