[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64722-64723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210325-0071; RTID 0648-XC475]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustment to the 2022 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 increases the 2022 Atlantic herring annual catch limit 
and Area 1A sub-annual catch limit by 1,000 metric tons (mt) for the 
remainder of 2022. This action is required by the herring regulations 
when, based on data through October 1, NMFS determines that the New 
Brunswick weir fishery landed less than 3,012 mt of herring. This 
notification informs the public of these catch limit changes.

DATES: Effective October 21, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, (978) 281-99272; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published final 2022 specifications for 
the Atlantic Herring Fishery Management Plan on January 7, 2022 (87 FR 
887), establishing the 2022 annual catch limit (ACL) and area sub-ACLs. 
Table 1 shows the current herring specifications for 2022 and the 
specifications as revised by this action for the remainder of the 
calendar year.
    The NMFS Regional Administrator tracks herring landings in the New 
Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h) 
require that if the New Brunswick weir fishery landings through October 
1 are determined to be less than 3,012 mt, then NMFS subtracts 1,000 mt 
from the management uncertainty buffer and reallocates that amount to 
the ACL and Area 1A sub-ACL. When such a determination is made, NMFS is 
required to notify the New England Fishery Management Council and 
publish the ACL and Area 1A sub-ACL adjustment in the Federal Register.
    Information from Canada's Department of Fisheries and Oceans 
indicates that the New Brunswick weir fishery landed 1,385 mt of 
herring through October 1, 2022. Therefore, the Regional Administrator 
determined that, effective October 21, 2022, 1,000 mt will be 
reallocated from the management uncertainty buffer to the Area 1A sub-
ACL and the ACL. This 1,000 mt reallocation increases the Area 1A sub-
ACL from 1,075 mt to 2,075 mt and the ACL from 3,813 mt to 4,813 mt for 
the remainder of 2022.
    Additionally, NMFS will use the adjusted allocations when we 
project whether catch from Area 1A will reach 92 percent of the Area 1A 
sub-ACL, or whether overall herring catch will reach 95 percent of the 
ACL. When Area 1A catch is projected to reach 92 percent of the Area 1A 
sub-ACL, catch from this area is reduced to 2,000 lb (907 kilogram 
(kg)) per trip, per calendar day. When overall catch is projected to 
reach 95 percent of the ACL, then catch in or from all herring 
management areas is limited to 2,000 lb (907 kilogram (kg)) per trip, 
per calendar day.

            Table 1--Atlantic Herring Specifications for 2022
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                                        Current            Adjusted
                                    specifications      specifications
                                         (mt)                (mt)
------------------------------------------------------------------------
Overfishing Limit...............  26,292............  26,292.
Acceptable Biological Catch.....  8,767.............  8,767.
Management Uncertainty..........  4,669.............  3,669.
Optimum Yield/ACL...............  3,813.............  4,813.
Domestic Annual Harvest.........  3,813.............  4,813.
Border Transfer.................  0.................  0.
Domestic Annual Processing......  3,813.............  4,813.
U.S. At-Sea Processing..........  0.................  0.
Area 1A Sub-ACL.................  1,075.............  2,075.
Area 1B Sub-ACL.................  0.................  0.
Area 2 Sub-ACL..................  1,300.............  1,300.
Area 3 Sub-ACL..................  1,824.............  1,824.
Fixed Gear Set-Aside............  30................  30.
Research Set-Aside (RSA)*.......  0 percent of each   0 percent of each
                                   sub-ACL.            sub-ACL.
------------------------------------------------------------------------
* Because RSA participants are not pursuing RSA in 2022, we did not
  deduct it from the sub-ACLs. RSA will be revisited for 2023-2025
  specifications.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 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 action allocates 
a portion of the management uncertainty buffer to the ACL and Area 1A 
sub-ACL for the remainder of the calendar year pursuant to a previously 
published regulation that provides no discretionary decision-making. 
This reallocation process was the subject of prior notice and comment 
rulemaking. The adjustment is routine and formulaic, required by 
regulation, and is expected by industry. The potential to reallocate 
the management uncertainty buffer was also outlined in the 2021-2023 
herring specifications that were published April 1, 2021 (86 FR 17081), 
which were developed through public notice and comment. Further, this 
reallocation provides additional economic opportunity for the

[[Page 64723]]

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 for the reasons stated above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23304 Filed 10-21-22; 4:15 pm]
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