Rule2026-00354
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2026 Management Area 1B 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
January 12, 2026
Effective
January 9, 2026
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 in Management Area 1B. This is required because NMFS projects that herring catch from Area 1B will reach 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 1B, which would result in additional catch limit reductions in a subsequent year.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Rules and Regulations]
[Pages 1096-1097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00354]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 251208-0181; RTID 0648-XF481]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2026 Management Area 1B 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 in Management Area 1B. This is
required because NMFS projects that herring catch from Area 1B will
reach 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 1B, which would result in additional catch limit
reductions in a subsequent year.
DATES: Effective 12:00 hours (hr) local time, January 9, 2026, through
December 31, 2026.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater
Atlantic Regional Office monitors Atlantic herring fishery catch in
each Management Area based on vessel and
[[Page 1097]]
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 1B beginning
on the date that 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 projects that the herring fleet
will have caught 92 percent of the Area 1B sub-ACL by January 9, 2026.
Therefore, effective 12:00 (hr) local time January 9, 2026, through
December 31, 2026, 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 1B.
Vessels that enter port before 12:00 hr local time on January 9,
2026, may land and sell more than 2,000 lb (907.2 kg) of herring from
Area 1B from that trip, provided that catch is landed in accordance
with state management measures. Regulations at Sec. Sec. 648.201(b)
and (c) state that vessels may transit or land in Area 1B with more
than 2,000 lb (907.2 kg) of herring on board while this possession
limit adjustment is in effect, 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 as defined in Sec.
648.2; and the vessel is issued a permit appropriate to the amount of
herring on board and the area where the herring was harvested.
Additionally, effective 12:00 hr local time, January 9, 2026,
through 24:00 hr local time, December 31, 2026, 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 1B, unless it is from a vessel that enters port before 12:00 hr
local time on January 9, 2026 and catch is landed in accordance with
state management measures.
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)(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 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 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 2026 herring fishing year began on January 1, 2026. Data
indicating that the herring fleet will have landed at least 92 percent
of the 2026 sub-ACL allocated to Area 1B only recently became
available. 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 2026 sub-ACL for Area 1B 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: January 8, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-00354 Filed 1-8-26; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 12, 2026.
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