Rule2025-22545
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Fisheries of the Northeastern United States; 2025-2027 Atlantic Herring Fishery Specifications
Primary source
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Published
December 11, 2025
Effective
December 11, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements 2025-2027 specifications and river herring and shad catch caps for the Atlantic herring fishery, as recommended by the New England Fishery Management Council. This action also updates the target rebuilding date for Atlantic herring. This action is necessary to respond to updated scientific information from a 2024 Atlantic herring management track assessment and to achieve the objectives of the Atlantic Herring Fishery Management Plan, including preventing overfishing, helping rebuild an overfished stock, and achieving optimum yield on a continuing basis.
Full Text
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<title>Federal Register, Volume 90 Issue 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Rules and Regulations]
[Pages 57376-57383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22545]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 251208-0181]
RIN 0648-BN40
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Fisheries of the Northeastern United States; 2025-2027
Atlantic Herring Fishery Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final specifications.
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SUMMARY: NMFS approves and implements 2025-2027 specifications and
river herring and shad catch caps for the Atlantic herring fishery, as
recommended by the New England Fishery Management Council. This action
also updates the target rebuilding date for Atlantic herring. This
action is necessary to respond to updated scientific information from a
2024 Atlantic herring management track assessment and to achieve the
objectives of the Atlantic Herring Fishery Management Plan, including
preventing overfishing, helping rebuild an overfished stock, and
achieving optimum yield on a continuing basis.
DATES: Effective December 11, 2025.
ADDRESSES: Copies of the 2025-2027 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 Dr. Cate O'Keefe,
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>.
Copies of the small entity compliance guide are available from
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at <a href="https://www.greateratlantic.fisheries.noaa.gov">https://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
NMFS and the New England Fishery Management Council (Council)
manage the Atlantic herring fishery pursuant to the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Atlantic Herring Fishery Management Plan (FMP), and regulations
implementing the FMP located at 50 CFR part 648, subpart K.
This action relieves a restriction by increasing herring annual
catch limits (ACL) by 68 percent for 2025 and by 237 percent for 2026
and 2027, compared to the current 2025 ACL. In 2023, the most recent
year for which complete data are available, the herring fishery
generated $5.61 million in revenue. This action projects up to an
additional $1.56 million in revenue available for 2025 and an
additional $5.25 million in revenue available for both 2026 and 2027,
compared to revenue associated with the current 2025 herring ACL.
The regulatory process to propose, approve, and implement herring
specifications is described at Sec. 648.200. First, the Council
recommends herring specifications to NMFS for its review, including:
The overfishing limit (OFL); acceptable biological catch (ABC); ACL;
optimum yield (OY); domestic annual harvest; domestic annual
processing; U.S. at-sea processing; border transfer; management area
sub-ACLs, including seasonal periods as allowed by Sec. 648.201(d) and
modifications to sub-ACLs as allowed by Sec. 648.201(f); the amount of
research and fixed gear set aside; and river herring and shad catch
caps. Next, NMFS reviews the Council's recommended specifications and
publishes proposed specifications in the Federal Register, describing
its evaluation of the specifications and whether or not the proposed
specifications are consistent with the Council's recommendations.
During this time, NMFS seeks public comment on the proposed herring
specifications and whether they are consistent with the FMP, the
Magnuson-Stevens Act and its National Standards, and other applicable
law. Following the close of the comment period on the proposed
specifications, NMFS evaluates the public comments and determines
whether to approve the proposed specifications. Lastly, NMFS implements
the approved specifications, as well as any changes to the proposed
specifications, by publishing them in the Federal Register.
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 the biomass (B) to support maximum
sustainable yield (B<INF>MSY</INF>) (186,367 mt) and the adjusted
fishing mortality rate (F) was estimated to be 58 percent (0.263) of
the overfishing threshold (F<INF>MSY</INF> equals
[[Page 57377]]
0.45). The 2024 stock assessment was unable to explain a cause for the
stock's historic and continued low recruitment and projected that
continued poor recruitment of herring would likely result in a
substantial decline in biomass.
Original catch projections from the 2024 stock assessment indicated
the need for an almost 90-percent reduction from the previously
projected 2025 ACL (23,961 mt) (88 FR 17397; March 23, 2023) to an
updated 2025 ACL (2,710 mt). The Council acknowledged that herring
harvest needed to be reduced to prevent overfishing and rebuild the
stock and, at its September 2024 meeting, requested NMFS use its in-
season adjustment authority described in the herring regulations at
Sec. 648.200(e) to reduce the 2025 specifications before the start of
the fishing year on January 1 to prevent catch from exceeding new,
lower limits. NMFS concurred with the Council's request to reduce
herring harvest to prevent overfishing and rebuild the stock and,
therefore, published 2025 in-season changes on December 19, 2024 (89 FR
103695), that implemented the reduced 2025 specifications.
Original catch projections from the 2024 stock assessment were
based on the assumption that the 2024 ABC (23,409 mt) would be fully
harvested. However, in January 2025, preliminary 2024 herring catch
data became available indicating that the amount of herring harvested
in 2024 was much lower than what was assumed in the original
projections. Based on preliminary herring catch, NMFS estimated only 51
percent of the 2024 herring ACL (10,315 mt of 20,141 mt) was harvested.
Updated catch projections from the 2024 stock assessment indicated that
less catch in 2024 allows for higher catch limits in 2025 and beyond,
while still achieving the FMP's goals of preventing overfishing and
rebuilding the stock.
At its April 2025 meeting, the Council reviewed and adopted its
Scientific and Statistical Committee's (SSC's) OFL and ABC
recommendations for 2025-2027 based on the updated catch projections
from the 2024 stock assessment, with one exception. In response to the
uncertainty around catch projection increases, especially in 2027, the
Council recommended that the projected 2027 OFL remain consistent with
catch projections, but that all other projected specification values
for 2027 be held constant at 2026 levels. The Council also noted that
the 2027 specifications would likely be replaced following the next
management track stock assessment currently scheduled for 2026. The
Council's approach uses the most recent and best scientific information
available, while acknowledging the uncertainty around catch projection
increases.
After carefully considering the Council's recommendations for 2025-
2027 specifications for the herring fishery, NMFS preliminary
determined it concurred with the Council's recommendations pending
public comment. NMFS published the proposed specifications in the
Federal Register on June 25, 2025 (90 FR 26955), and solicited public
input on whether the proposed specifications were consistent with the
FMP, the Magnuson-Stevens Act and its National Standards, and other
applicable law. Following the close of the public comment period on
July 10, 2025, NMFS reviewed all public comments and concluded that the
proposed herring specifications are consistent with the FMP and all
applicable law. Through this final rule, NMFS approves and implements
the Council's recommended new 2025 herring specifications and projected
specifications for 2026-2027 pursuant to section 305(d) of the
Magnuson-Stevens Act, which authorizes the Secretary of Commerce to
implement management measures necessary to carry out an approved FMP.
Approved Specifications
This action sets new 2025 herring specifications and projects
herring specifications for 2026-2027 based on the ABC control rule
developed in Amendment 8 to the FMP (86 FR 1810; January 11, 2021).
These specifications are consistent with recommendations by the
Council, based on the best scientific information available, and
intended to achieve the objectives of the FMP, including preventing
overfishing, helping rebuild an overfished stock, and achieving OY on a
continuing basis. As specified at Sec. 648.200(a)(2), the Council may
annually review these specifications and recommend adjustments if
necessary. The current, new, and projected specifications are shown in
table 1.
Table 1--Current, New, and Projected Atlantic Herring Specifications
----------------------------------------------------------------------------------------------------------------
Current (mt) New (mt) Projected (mt)
Specifications ---------------------------------------------------------------
2025 2025 2026 2027
----------------------------------------------------------------------------------------------------------------
Overfishing Limit............................... 18,273 20,802 23,491 31,075
Acceptable Biological Catch..................... 6,741 8,587 13,165 13,165
Management Uncertainty *........................ ** 4,031 ** 4,031 4,031 4,031
Annual Catch Limit/Optimum Yield *.............. ** 2,710 ** 4,556 9,134 9,134
Domestic Annual Harvest......................... 2,710 4,556 9,134 9,134
Border Transfer................................. 0 0 0 0
Domestic Annual Processing...................... 2,710 4,556 9,134 9,134
US At-Sea Processing............................ 0 0 0 0
Area 1A Sub-ACL (28.9%) *....................... ** 783 ** 1,317 2,640 2,640
Area 1B Sub-ACL (4.3%).......................... 117 196 393 393
Area 2 Sub-ACL (27.8%).......................... 753 1,267 2,539 2,539
Area 3 Sub-ACL (39%)............................ 1,057 1,777 3,562 3,562
Fixed Gear Set-Aside............................ 30 30 30 30
Research Set-Aside.............................. 0% 0% 0% 0%
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* If New Brunswick weir landings are less than 2,600 mt through October 1, then 1,000 mt will be subtracted from
the management uncertainty and reallocated to the Area 1A sub-ACL and the ACL.
** In 2025, NMFS determined that New Brunswick weir landings were less than 2,600 mt through October 1.
Therefore, effective November 17, 2025, NMFS subtracted 1,000 mt from the ``current'' 2025 management
uncertainty and reallocated it to the ``current'' 2025 Area 1A sub-ACL and ACL (90 FR 51570; November 18,
2025). The resulting effect on the ``current'' 2025 specifications was as follows, the management uncertainty
equaled 3,031 mt, the Area 1A sub-ACL equaled 1,783 mt, and the ACL equaled 3,710 mt. Additionally, the effect
of this change as applied to the ``new'' 2025 specifications is as follows, the management uncertainty equals
3,031 mt, the Area 1A sub-ACL equals 2,317 mt, and the ACL equals 5,556 mt.
[[Page 57378]]
Status of Rebuilding Plan
This action revises the target rebuilding date for Atlantic herring
from 2028 to 2031. Framework 9 to the FMP (87 FR 42962; July 19, 2022)
established a rebuilding plan for herring that became effective in
August 2022. The rebuilding plan was expected to rebuild the stock by
2026; however, the target rebuilding date was extended from 5 years
(2026) to 7 years (2028) with implementation of the 2023-2025 herring
specifications (88 FR 17397; March 23, 2023). Both the original and
updated projections from the 2024 stock assessment indicate the herring
stock is no longer likely to rebuild by 2028, but it could rebuild by
2031. The revised target rebuilding date for herring reflects the
results of the 2024 stock assessment and falls within the 10-year
rebuilding period required under the Magnuson-Stevens Act.
Approved River Herring and Shad Catch Caps
This action maintains the current river herring and shad catch caps
for 2025 and projects the current catch caps for 2026-2027. Herring
regulations at Sec. 648.200(b)(6) provide for river herring and shad
catch caps by gear and area. Catch caps are intended to provide an
incentive for the herring fleet to continue to avoid river herring and
shad catch, while allowing the fleet to fully harvest the Atlantic
herring OY. The Council is reconsidering river herring and shad
management in Amendment 10 to the FMP; therefore, this action maintains
the current catch caps during its reconsideration. The current and
projected river herring and shad catch caps are shown in table 2.
Table 2--Maintaining Current River Herring and Shad Catch Caps
----------------------------------------------------------------------------------------------------------------
Current (mt) Projected (mt)
Catch cap -----------------------------------------------
2025 2026 2027
----------------------------------------------------------------------------------------------------------------
Gulf of Maine Midwater Trawl.................................... 76.7 76.7 76.7
Cape Cod Midwater Trawl......................................... 32.4 32.4 32.4
Southern New England Midwater Trawl............................. 129.6 129.6 129.6
Southern New England Bottom Trawl............................... 122.3 122.3 122.3
----------------------------------------------------------------------------------------------------------------
Comments and Responses
NMFS received eight comment letters in response to the proposed
rule seeking public comment on the proposed 2025-2027 herring
specifications including letters from members of the general public, a
letter from a member of the herring fishing industry, a letter from the
Wampanoag Tribe of Gay Head (Aquinnah) (hereinafter Tribe), and a joint
letter from several non-government organizations (NGOs) (i.e.,
Conservation Law Foundation, Earthjustice, National Resources Defense
Council, Oceana). Comments related to other fishery management actions
or general fishery management practices are not addressed here.
A summary of comments and NMFS responses is presented below:
Comment 1: Two commenters support the proposed 2025-2027 herring
specifications because they believe the proposed specifications reflect
a careful, science-based approach that balances ecological
sustainability of the stock with the economic needs of Northeast
fishing communities. One commenter stated that the proposed
specifications are informed by the most recent stock assessments, help
ensure the long-term health of the herring population while allowing
for a sustainable harvest, and recognize herring's important ecosystem
role as forage. One commenter noted herring catch limits are reduced
from limits in past years because the size of the herring stock is only
about 25 percent of size needed to support MSY and no action could lead
to a closed fishery and economic hardship. One commenter explained that
the new and projected harvest limits are aligned with conservation
needs, but also provide important revenue for New England commercial
fisheries and coastal fishing communities. Additionally, both
commenters support the revised Atlantic herring target rebuilding date
of 2031, because it is supported by science and aligned with management
objectives, and one commenter noted that the revised target rebuilding
date is consistent with Magnuson-Stevens Act timeline requirements.
Response: NMFS agrees with the commenters and is implementing the
proposed 2025-2027 herring specifications and revised Atlantic herring
rebuilding timeline without any changes.
Comment 2: A commenter supports maintaining the current river
herring and shad catch caps for the herring fishery because they
believe the catch caps are vital for protecting river herring and shad.
The commenter asserted that river herring and shad populations are
vulnerable and that they experience pressure from habitat loss and
climate change. By enforcing the catch caps, the commenter explained
that NMFS supports biodiversity and prevents the unintended harvest of
non-target species.
Response: River herring and shad catch caps are intended to provide
an incentive for the herring fleet to continue to avoid and minimize
river herring and shad incidental catch and bycatch, while allowing the
fleet to fully harvest the Atlantic herring OY. The catch caps help
minimize the unintended harvest of non-target species to the extent
practicable and, therefore, the specifications maintain the current
river herring and shad catch caps for 2025-2027.
Comment 3: A commenter expressed concern that inserting a carryover
ban in Sec. 648.201 that references only the 2025 and 2026 fishing
years creates confusion regarding overage and carryover rules. The
commenter explained it is unclear whether carryover automatically
resumes in 2027 or stays suspended indefinitely. Additionally, the
commenter contended that because existing regulations for administering
overages and carryover are not revised for 2025 and 2026, stakeholders
are forced to navigate multiple sub-paragraphs (they cite Sec.
648.201(g)(1) and (g)(3)-(5)) to understand the 2025 and 2026
provisions.
Response: NMFS disagrees that the specific references to the 2025
and 2026 fishing years is confusing. A general rule applies unless
there is an express exception or it is otherwise withdrawn or replaced.
The current carryover provision, described at Sec. 648.201(g)(1),
generally requires carryover of unharvested catch in any appropriate
subsequent year as instructed in the rule without a reference to any
particular calendar year. This ensures that in the absence of a
specific exception, carryover of unharvested catch will be applied in
any year consistent with
[[Page 57379]]
Sec. 648.201(g)(1)'s general mandate. In other words, the general rule
will be applied as instructed, unless there is an express exception, or
the rule is otherwise withdrawn by a future action.
In this action, NMFS added an express exception to the general
requirement that applies only to the 2025 and 2026 fishing years, as
recommended by the Council and stated in the rule. The proposed rule
explained that carryover had the potential to increase the 2025 and
2026 sub-ACLs up to an additional 20 percent. In an effort to better
support the FMP's conservation and management objectives, the Council
recommended that no unharvested catch should be carried over and added
to any management area sub-ACL for 2025 and 2026, and NMFS concurred.
To help simplify and streamline the herring regulations, NMFS added
the new carryover exception at paragraph (g)(2) so it is in the same
paragraph as the current carryover provisions. Paragraphs (g)(3)-(5)
described by the commenter do not exist. Stakeholders looking for
carryover requirements are able to find all the carryover provision in
Sec. 648.201(g)(1)-(2). Additionally, NMFS listed only 2025 and 2026
in the regulatory text to clearly specify that the carryover exception
applies only to those years. Unless revised in a subsequent action,
NMFS would resume administering the carryover of unharvested catch for
2027 and beyond.
The commenter expressed concern that existing regulations for
administering overages were not revised for 2025 and 2026, making it
difficult to understand overage rules for 2025 and 2026. As described
in the proposed rule, catch overages in prior years (i.e., 2023 and
2024) were not large enough to require deductions in 2025 or 2026. This
action does not affect or revise any aspect of how NMFS administers
overages, for 2025, 2026, or any year; therefore, the regulations
regarding overages at Sec. 648.201(a)(3) were not revised as part of
this action.
Comment 4: A commenter raised issues relating to the provision at
Sec. 648.201(h) specifying that if NMFS determines that the New
Brunswick weir fishery landed less than 2,600 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. The provision
also specifies that NMFS will notify the Council of the management
uncertainty adjustment and publish the adjustment in the Federal
Register. The commenter asserted that because the provision does not
specify a calendar or fishing year, that harvesters and regulators are
left guessing about the time period for the reallocation of quota to
the ACL and Area 1 sub-ACL. The commenter also contended the provision
should specify a firm Federal Register publication timeline to anchor
industry planning. Lastly, the commenter expressed concern that the
term ``management uncertainty'' is defined only in the preamble to the
proposed rule and that in the absence of a regulatory definition, there
may be conflicting interpretations about the origin and purpose of the
deduction.
Response: This action sets new 2025 herring specifications and
projects herring specifications for 2026-2027. The herring fishing year
mirrors the calendar year, beginning on January 1 and ending on
December 31; herring specifications apply for the duration of each
year, unless subsequently adjusted. As described in the proposed rule,
the ACL is set by reducing the ABC by management uncertainty.
Management uncertainty, defined at Sec. 648.200(b)(3), includes, but
is not limited to, expected catch of herring in the New Brunswick weir
fishery and the uncertainty around discard estimates of herring caught
in Federal and state waters. Management uncertainty and the provision
at Sec. 648.201(h), which conditionally adjusts management
uncertainty, also apply for the duration of each year. Because this
provision currently applies to every year, its regulatory text does not
specify a particular year or years, otherwise the regulatory text
describing a specific year would need to be continually updated. Table
1 in this final rule provides a summary of the herring specifications
for 2025-2027, including the provision to adjust management uncertainty
across the bottom of the table as a helpful reminder to stakeholders
that this provision applies to 2025-2027.
The provision at Sec. 648.201(h) specifies NMFS will notify the
Council if it adjusts management uncertainty and will publish the
adjustment in the Federal Register. The regulation intentionally does
not specify a timeframe for publication or implementation because NMFS
has no certainty of when it will receive the necessary data or when it
will publish the notice adjusting management uncertainty. NMFS uses New
Brunswick weir data from January 1 through October 1 to determine if
landings are below the specified threshold to reduce management
uncertainty and reallocate that quota to the ACL and Area 1A sub-ACL.
NMFS obtains New Brunswick weir data from Canada's Department of
Fisheries and Oceans (DFO). NMFS does not have any control over DFO or
its data, and the timing of receiving DFO data can be uncertain. Once
NMFS determines if catch is low enough to reduce and reallocate
management uncertainty, the timing around drafting a notice, getting
agency review and clearance, and getting the notice published in the
Federal Register is also uncertain. The process for NMFS to evaluate
and adjust management uncertainty, if warranted, has become a routine,
expected aspect of the herring fishery for industry members and
communities that rely on herring. For these reasons, NMFS works closely
with management partners and stakeholders to publish the notice in the
Federal Register as soon after October 1 as possible, but it does not
codify a timeframe in regulation.
Comment 5: One member of the herring fishing industry urged the
Council to research the latest data and reports from fishermen about
the increased amounts of herring they are seeing and revisit the sub-
ACL for Area 1A in 2025. The commenter explained how the recent
gradually-increasing catch limits have allowed the herring stock to
rebuild, they described increased herring sightings along the coast of
Maine, and advocated for raising 2025 herring catch limits higher than
2024 catch limits.
Response: This action is necessary to respond to updated scientific
information from a 2024 stock assessment and to prevent overfishing and
help rebuild the overfished stock. As described in the proposed rule,
the herring biomass was estimated to be much lower in the 2024 stock
assessment than it was in the 2022 assessment (47,955 mt and 79,231 mt,
respectively). In December 2024, in response to catch projections from
the 2024 stock assessment and at the request of the Council, NMFS used
its in-season adjustment authority to reduce the 2025 ACL by almost 90
percent from the previously projected 2025 ACL (23,961 mt reduced to
2,710 mt) to prevent overfishing and help rebuild the stock. While this
action increases the 2025 herring ACL (2,710 mt to 4,556 mt) based on
updated catch projections, the new 2025 ACL is substantially lower than
the 2024 ACL (20,141 mt) in order to prevent overfishing and help
rebuild the stock. As specified at Sec. 648.200(a)(2), the Council may
annually review these specifications and recommend adjustments if
necessary. The next herring stock assessment is currently scheduled for
2026.
Comment 6: A commenter noted that there was a typographical error
in the proposed regulations at Sec. 648.201(g)(2).
[[Page 57380]]
Specifically, that there was an extra period after paragraph (g)(2).
Response: NMFS corrects that typographical error in this final
rule.
Comment 7: A commenter asserted that the proposed specifications do
not seem to align with reported data since 2023, they stated more
research is needed to confirm the data and determine if actionable
metrics are required, and they recommended considering data and fishery
specifications for future research and development.
Response: NMFS is unclear which data and metrics the commenter is
referencing, but because the herring specifications are based on the
best available scientific data and the herring stock assessments
continue to consider a wide range of data and metrics, NMFS does not
think any action is necessary at this time.
Comment 8: The comment letter from the Tribe stated it was prudent
to extend the herring target rebuilding date from 2028 to 2031 and
prohibit the carryover of unharvested catch in 2025 and 2026.
Response: NMFS concurs.
Comment 9: Comment letters from the Tribe and the NGOs both
expressed concern with the proposed river herring and shad catch caps.
The Tribe contended that the large caps for Southern New England (i.e.,
over 120 mt for both bottom and midwater trawl) are ineffective and
recommended maintaining the current 2025 sub-ACLs for Areas 2 and 3
during 2025-2027 to minimize river herring catch. The NGOs cautioned
that implementing flawed catch caps will not provide the necessary
incentive for the herring industry to avoid river herring and shad or
minimize bycatch consistent with National Standard 9. They asserted
that river herring and shad have been mismanaged in the past five
years, highlighting a perceived mismatch between Atlantic herring ACLs
and river herring and shad catch caps because catch cap values have not
been reduced in tandem with herring ACLs. Additionally, the NGOs stated
that without stringent catch caps, the decline of river herring and
shad is exacerbated and efforts to rebuild their population undermined.
Response: NMFS disagrees with these comments. River herring and
shad are typically caught incidentally and retained in the Atlantic
herring fishery, rather than discarded as bycatch. River herring and
shad catch caps were established in Framework 3 to the FMP (79 FR
71960; December 4, 2014) as a means to control and/or limit river
herring and shad catch in the Atlantic herring fishery. Catch cap
values are based on historical catch of river herring and shad before
the implementation of catch caps. Catch cap values were not designed to
fluctuate up and down with the herring ACL. A new method to determine
catch caps values would need to be developed, if the values are
intended to fluctuate with the Atlantic herring ACL. The catch caps
provide an incentive for the fishing industry to continue to avoid
river herring and shad interactions, and they are a proactive measure
intended to manage and minimize river herring and shad catch, to the
extent practicable, while allowing the Atlantic herring fishery to
fully utilize the OY, if river herring and shad can be avoided.
Atlantic herring ACLs, as well as the associated fishing effort and
catch, are historically low, reducing the likelihood of incidentally
catching river herring and shad. In the past 5 years, the average
Atlantic herring ACL was about 11,000 mt and the average fishery
utilization of the ACL was less than 80 percent. Additionally, the
average fishery utilization of the sub-ACL in Area 2 during that time,
an area that corresponds to the Southern New England catch caps, was
even lower at an average of only 14 percent. Despite low ACLs, river
herring and shad catch triggered closures for midwater trawl vessels
fishing off Cape Cod in April 2023 and January 2024. These closures
suggest that catch caps are still operating as intended and that catch
caps are effective tools to help minimize the incidental catch of river
herring and shad, which is consistent with National Standard 9. The
Council is considering management measures to address the catch of
river herring and shad in the Atlantic herring fishery, including catch
caps and/or closed areas, in Amendment 10 to the FMP. Work on Amendment
10 has been temporarily paused for 2025, but Amendment 10 is currently
on the Council's list of work priorities for 2026. For all the reasons
described, it is appropriate for NMFS to maintain the current river
herring and shad catch caps, especially given the Council's ongoing
consideration of river herring and shad management.
Comment 10: The comment letter from the NGOs encouraged NMFS to
disapprove the 2025-2027 herring specifications because otherwise NMFS
risks further depleting the herring stock and jeopardizing the broader
marine ecosystem that relies on herring as forage. The NGOs also
contended that increasing the ACL for 2025 decreased the likelihood
that the stock will rebuild by 2031. Additionally, the NGOs asserted
that the probability the herring stock will rebuild by 2031 barely
meets minimum rebuilding requirements and extending the target
rebuilding date to 2031 is inconsistent with the Magnuson-Stevens Act
requirement to rebuild a stock within a timeframe as short as possible.
Response: NMFS disagrees with these comments. According to catch
projections from the 2024 stock assessment, increasing the ACL for 2025
has no meaningful impact on rebuilding by 2031. There is only a 0.1
percent decrease in the probability of rebuilding by 2031 under the new
2025 ACL (50.7 percent), compared to the probability of rebuilding
under the current 2025 ACL (50.8 percent). The National Standard 1
guidelines explain that rebuilding means at least a 50-percent
probability of attaining B<INF>MSY</INF>. The year 2031 is the earliest
year, according to catch projections from the 2024 stock assessment,
for which the probability of rebuilding exceeds 50 percent. Therefore,
referencing the 50.7-percent probability that the herring stock will
rebuild by 2031 is consistent with rebuilding guidelines.
The Atlantic herring rebuilding plan was implemented in Framework 9
with an effective date of August 2022. Even though this action extends
the target rebuilding date to 2031, the rebuilding period is still
within the 10-year rebuilding timeframe specified in the Magnuson-
Stevens Act. One of the factors to be considered during rebuilding is
the needs of fishing communities. This action projects up to an
additional $1.56 million in revenue available for 2025 and up to an
additional $5.25 million in revenue available for 2026 and 2027,
compared to revenue associated with the current 2025 ACL. This
additional revenue is vital to support the fishing industries and
fishing communities that rely on herring, consistent with National
Standard 1.
NMFS approves and implements the Council's recommended new 2025
herring specifications and projected specifications for 2026-2027
because NMFS determined they represent the most recent and best
scientific information available and are consistent with the FMP and
applicable law. These specifications respond to updated scientific
information from the 2024 Atlantic herring management track assessment
in order to achieve the objectives of the FMP, including preventing
overfishing, helping rebuild an overfished stock, and achieving OY on a
continuing basis. These specifications are based on the ABC control
rule developed in Amendment 8, one specifically designed to account for
herring's role as forage in the
[[Page 57381]]
ecosystem, and on recommendations by the Council's SSC. These herring
specifications balance ecological and economic needs to support the
goal of the FMP, managing the fishery at long-term sustainable levels.
Changes From the Proposed Rule
One of the comment letters noted a typographical error in the
proposed regulations at Sec. 648.201(g)(2). Specifically, that there
was an extra period after paragraph (g)(2). NMFS corrects that
typographical error in this final rule.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. In a previous action taken pursuant to section
304(b), the regulations at 50 CFR 648.200 provide the procedures by
which NMFS takes this action under Magnuson-Stevens Act section 305(d).
The NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Herring FMP, National Standards and other
provisions of the Magnuson-Stevens Act, and other applicable law. This
action relieves a restriction by increasing the 2025 herring ACL by 68
percent compared to the current ACL and, therefore, it is not subject
to the 30-day delayed effectiveness provision of the Administrative
Procedure Act pursuant to 5 U.S.C. 553(d)(1). NMFS reduced the 2025
herring specifications in December 2024 (89 FR 103695; December 19,
2024) to prevent overfishing and help rebuild the stock based on catch
projections from the 2024 stock assessment. However, the original 2024
stock assessment catch projections were based on the assumption that
the 2024 herring ABC (23,409 mt) would be fully harvested and
preliminary 2024 catch data available in January 2025 indicated only 51
percent of the 2024 herring ACL (10,315 mt of 20,141 mt) was harvested.
Updated catch projections from the 2024 stock assessment indicated that
less catch in 2024 allows for higher catch limits in 2025 and beyond,
while still achieving the FMP's goals of preventing overfishing and
rebuilding the stock. The summer herring fishery in Management Area 1A
typically begins in July. Any delay in implementing this action past
the summer fishery may hinder the fishing industry's ability to fully
harvest the higher 2025 OY, potentially causing the fishing industry to
forgo the additional $1.56 million in revenue associated with the
higher OY. Further, the fishing industry does not need a 30-day delay
in effectiveness to prepare for and respond to the increased ACL,
instead the industry would simply continue its 2025 fishing operations.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is not an Executive Order 14192 regulatory action
because this final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, NMFS responses to those comments, and a summary
of the analyses completed to support the action. A summary of the
analysis follows. A copy of this analysis is available from the Council
(see ADDRESSES).
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
NMFS received eight comment letters on the proposed rule. Those
comments, and NMFS' responses, are contained in the Comments and
Responses section of this final rule and are not repeated here. None of
the comments addressed the IRFA, and NMFS did not make any substantive
changes in the final rule based on public comment.
Description and Estimate of Number of Small Entities to Which This
Final Rule Would Apply
The directly-regulated entities are the firms that currently hold
at least one Atlantic herring permit (i.e., Categories A, B, C, D, or
E). The RFA recognizes three kinds of small entities: small businesses;
small organizations; and small governmental jurisdictions. Herring-
permitted vessels may hold permits for several fisheries, harvesting
species of fish that are regulated by several different fishery
management plans, even beyond those affected by the proposed action.
Furthermore, multiple permitted vessels and/or permits may be owned by
entities with various personal and business affiliations.
Table 3--Number and Characterization of Directly-Regulated Entities and Average Revenue From 2019-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average gross Average herring
Size Type Firms Vessels receipts receipts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small........................................... Fishing........................... 739 1,174 $831,00 $7,000
Small........................................... For Hire.......................... 138 178 215,000 0
Large........................................... Fishing........................... 10 135 19,094,000 98,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
Table 3 indicates there are many small firms with herring permits,
but that revenue from herring is only a small percentage of their total
revenue. This may be because these firms hold only a Category D open
access permit with a low herring possession limit (6,600 lb (3,000 kg))
or that these firms are not active in the herring fishery. The herring
fishery has had historically low ACLs since 2018. Some firms have
stopped participating in the fishery, but continue to hold herring
permits to preserve the option to fish.
[[Page 57382]]
Table 4--Number and Characterization of Directly-Regulated, Small Entities Active in the Atlantic Herring Fishery and Average Revenue From 2019-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average gross Average herring
Size Type Firms Vessels receipts receipts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small........................................... Fishing........................... 29 61 $1,510,000 $171,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
Table 4 describes a subset of the directly-regulated, small
entities that hold a Limited Access Permit (i.e., Categories A, B, C)
or an Open Access Areas \2/3\ Permit (i.e., Category E) and
participated in the herring fishery between 2019 and 2023. The small
firms identified in table 4 are the firms most likely to be affected by
this final rule. Because there are fewer than three directly-regulated,
large entities, data confidentiality requirements prevent those data
from being included.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This final rule does not introduce any new reporting,
recordkeeping, or other compliance requirements.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The 2025-2027 herring specifications implemented with this final
rule relieve a restriction by increasing the herring ACL compared to
the current 2025 ACL. The current 2025 ACL (2,710 mt) is the lowest ACL
on record for the herring fishery. In comparison, the new ACL for 2025
(4,556 mt) is 68-percent higher than the current ACL and the projected
ACLs for 2026-2027 (9,134 mt) are 237-percent higher than the current
ACL. The 2025-2027 herring specifications implemented in this final
rule are consistent with applicable statutes and minimize any
significant economic impact on small entities.
Table 5--Projected Landings, Prices, and Revenue for 2025-2027
----------------------------------------------------------------------------------------------------------------
Revenue **
-------------------------------------
Year Landings (mt) Price * Amount of increase
Proposed ACL compared to
current ACL
----------------------------------------------------------------------------------------------------------------
2025...................................... 4,556 $862 $3,925,000 $1,560,000
2026...................................... 9,134 834 7,618,000 5,253,000
2027...................................... 9,134 834 7,618,000 5,253,000
----------------------------------------------------------------------------------------------------------------
* Price is based on real 2023 US dollars per mt.
** Revenue is based on real 2023 US dollars.
Source: NMFS.
Table 5 projects an additional $1.56 million in revenue available
for 2025 and an additional $5.25 million in revenue available for 2026
and 2027, compared to revenue associated with the current 2025 ACL. As
described previously, it is likely that the projected 2027
specifications would be replaced following the 2026 stock assessment.
Despite increases to the ACLs, the SIR for the 2025-2027 herring
specifications concluded the impacts of this action on herring fishery-
related businesses and communities would likely remain negative.
Despite moderate ACL increases, this action would continue the period
of substantially reduced catch limits implemented in 2019. The low ACL
and corresponding sub-ACLs would likely lead to continued low fishing
effort, which could have negative social and economic impacts in
fishing communities and for stakeholders directly or indirectly reliant
on the herring fishery. Users of fresh herring as bait may need to
switch to an alternative supply (e.g., frozen herring bait or
menhaden). Additionally, this action could prevent larger vessels from
participating in the fishery altogether, resulting in a potential loss
of jobs for crew and adverse community impacts (e.g., reduced spending
on ice, fuel, cold storage, other supplies). There is no significant
alternative to this action that accomplishes the objectives of
applicable statutes and minimizes any significant economic impact on
small entities.
For the 2025-2027 river herring and shad catch caps, this action
maintains the values, gears, and areas for the catch caps that were
originally implemented in 2016. There is no significant alternative to
this action that accomplishes the objectives of applicable statutes and
minimizes any significant economic impact on small entities.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a bulletin to permit holders that also serves
as small entity compliance guide was prepared. This final rule and the
guide (i.e., bulletin) will be sent via email to the Greater Atlantic
Regional Fisheries Office Atlantic herring email list and are available
on the website at: <a href="https://www.fisheries.noaa.gov/species/atlantic-herring/management">https://www.fisheries.noaa.gov/species/atlantic-herring/management</a>. Hard copies of the guide and this final rule will
be available upon request (see ADDRESSES).
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
[[Page 57383]]
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: December 8, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
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. 648.201, add paragraph (g)(2) and revise paragraph (h) to
read as follows:
Sec. 648.201 AMs and harvest controls.
* * * * *
(g) * * *
(2) No unharvested catch will be carried over and added to any
management area sub-ACL for the 2025 and 2026 fishing years.
(h) If NMFS determines that the New Brunswick weir fishery landed
less than 2,600 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.
[FR Doc. 2025-22545 Filed 12-10-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 11, 2025.
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