[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17397-17403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230316-0077]
RIN 0648-BL90


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; 2023-2025 
Atlantic Herring Fishery Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule implements 2023-2025 Atlantic herring 
fishery specifications, subject to public comment. This action also 
removes possession limits in Herring Management Area 1B and Area 3, 
adjusts 2023 fishery specifications to account either for Management 
Area catch limit overages or carryover of unharvested catch from 2021, 
updates the target rebuilding date for herring, removes the inshore 
midwater trawl restricted area regulations, corrects typographical 
errors in several existing regulations, and restores regulatory 
requirements that were unintentionally removed from the Code of Federal 
Regulations. This action is necessary to respond to updated scientific 
information from a 2022 management track assessment and to achieve the 
goals and objectives of the Atlantic Herring Fishery Management Plan. 
The approved measures are intended to help prevent overfishing, rebuild 
the overfished herring stock, achieve optimum yield on a continuing 
basis, and ensure that management measures are based on the best 
scientific information available.

DATES: Effective March 23, 2023. Public comments must be received by 
April 24, 2023.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0015, 
by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0015 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method or received after 
the end of the comment period may not be considered by NMFS. All 
comments received are a part of the public record and will generally be 
posted for public viewing on www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. We 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).
    Copies of the 2023-2025 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 Thomas A. Nies, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. These documents are also accessible via the 
internet at https://www.nefmc.org/management-plans/herring or http://www.regulations.gov. Copies of the small entity compliance guide are 
available from on the internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management 
Specialist, (978) 281-9196, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Background
2. Summary of Approved Measures
3. 2023-2025 Herring Fishery Specifications
4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and 
Area 3
5. Adjustments to 2023 Herring Fishery Specifications
6. Revision to the Herring Rebuilding Plan
7. Removal of Inshore Midwater Trawl Restricted Area Regulations
8. Other Administrative Revisions and Corrections

1. Background

    Regulations implementing the Atlantic Herring Fishery Management 
Plan (FMP) appear at 50 CFR part 648, subpart K. The regulations at 
Sec.  648.200 require the New England Fishery Management Council to 
recommend herring specifications for NMFS' review and publication in 
the Federal Register, including: The overfishing limit (OFL); 
acceptable biological catch (ABC); annual catch limit (ACL); optimum 
yield (OY); management uncertainty; domestic annual harvest (DAH); 
domestic annual processing (DAP); U.S. at-sea processing (USAP); border 
transfer; the sub-ACL for each management area, including seasonal 
periods as specified by Sec.  648.201(d) and modifications to sub-ACLs 
as specified by Sec.  648.201(f); and the amount to be set aside for 
the research set-aside (RSA) (0-3 percent of the sub-ACL from any 
management area) for a period of 3 years. These regulations also 
provide the Council with the discretion to modify accountability 
measures, possession limits, river herring monitoring/avoidance areas, 
and river herring and shad catch caps through the specifications 
process.
    Consistent with the opportunity for public comment provided by the 
regulations, NMFS is implementing these specifications as recommended 
by the Council, subject to further consideration of additional public 
comments in response to this rule. Immediate implementation pending 
consideration of public comment allows herring fishery participants 
increased fishing opportunities consistent with the higher catch limits 
in this action. The specifications implemented in this action are 
consistent with the ABC

[[Page 17398]]

control rule put in place by Amendment 8 to the Atlantic Herring FMP 
and are responsive to updated assessment data, both of which have been 
subject to robust public comment during the development of Amendment 8 
and these specifications. The specifications are formulaic and 
dependent on applying updated data to the ABC control rule, a rule that 
was developed using a comprehensive management strategy evaluation 
process. The resulting recommendations were closely analyzed and 
commented on during their development. Further opportunity for public 
comment after implementing these measures will help ensure there have 
been no significant omissions or errors, or other information that 
might warrant changes. NMFS will publish a subsequent final rule if 
NMFS receives any significant comments.
    The Northeast Fisheries Science Center completed the most recent 
herring management track assessment in June 2022. The results of the 
2022 assessment indicated that the stock is overfished but overfishing 
is not occurring, which is unchanged from the 2020 assessment. The 2022 
assessment updated fishery catch data, survey indices, life history 
parameters, biological reference points, and several assumptions in the 
model used to generate short-term biomass projections. The Council's 
Scientific and Statistical Committee (SSC) met on August 4, 2022, to 
review the results of the 2022 assessment and make OFL and ABC 
recommendations for 2023-2025. The Herring Plan Development Team (PDT) 
recommended that the SSC base its OFL and ABC recommendations on the 
ABC control rule, which is consistent with the herring rebuilding plan 
that was implemented in August 2022. The SSC considered the PDT's 
recommendation; however, due to the amount of scientific uncertainty in 
the stock assessment and concerns over the magnitude of the increase in 
projected 2024-2025 OFLs and ABCs, the SSC also considered holding the 
2023 OFL and ABC values constant during 2023-2025. Because the ABC 
control rule was developed using a rigorous management strategy 
evaluation, use of the ABC control rule is consistent with the herring 
rebuilding plan, and the PDT's recommended specifications incorporate 
updated assessment information, the SSC ultimately decided to recommend 
the PDT's recommended OFLs and ABCs. The Council finalized its 2023-
2025 herring fishery specification recommendations during its September 
2022 meeting. The Council's recommendations are consistent with the 
advice of the SSC and the PDT.
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) permits NMFS to approve, partially approve, or 
disapprove measures proposed by the Council based only on whether the 
measures are consistent with the fishery management plan, plan 
amendment, the Magnuson-Stevens Act and its National Standards, and 
other applicable law. NMFS intended to propose the Council's 
recommended specifications prior to implementing them. However, in 
order to ensure that revised 2023 herring fishery specifications are 
implemented as soon after the start of the fishing year (January 1, 
2023) as possible, NMFS is implementing 2023-2025 herring fishery 
specifications and other management measures through this interim final 
rule, subject to further consideration of public comments. If 
implementation of revised 2023 specifications is delayed, the herring 
fleet may miss out on the economic opportunities associated with these 
specifications.

2. Summary of Approved Measures

    This action implements the Council's recommended 2023-2025 herring 
fishery specifications pursuant to the administrative authority granted 
to NMFS under the Magnuson-Stevens Conservation and Management Act at 
section 305(d). The specifications include OFL, ABC, ACL, OY, 
management uncertainty, DAH, DAP, USAP, border transfer, management 
area sub-ACLs, RSA, and river herring/shad catch caps for each year 
during 2023-2025.
    This action also implements a number of other measures that are not 
part of the 2023-2025 herring fishery specifications action, pursuant 
to the administrative authority granted to NMFS under the Magnuson-
Stevens Act at section 305(d). NMFS is implementing these measures in 
conjunction with the 2023-2025 herring fishery specifications action 
for expediency purposes, and because some of these measures are related 
to the specifications being implemented through this action. The 
additional measures being implemented through this action are listed 
below:
     Removal of 2,000-lb (907.2-kg) Possession Limits from Area 
1B and Area 3--this action removes 2,000-lb (907.2-kg) possession 
limits for herring in Area 1B and Area 3 that were implemented in 
January 2023;
     Adjustments to 2023 herring fishery specifications--this 
action announces adjustments to the 2023 herring fishery specifications 
in order to account for catch overages and carryover of unharvested 
catch from 2021;
     Revision to the herring rebuilding plan--this action 
revises the target rebuilding date for herring;
     Removal of inshore midwater trawl restricted area 
regulations--this action removes the inshore midwater trawl restricted 
area; and
     Other administrative revisions and corrections--this 
action corrects a typographical error in the coordinates for the 
Western Gulf of Maine Habitat Management Area, revises an incorrect 
regulatory citation in the herring regulations pertaining to measures 
to address slippage on vessels issued a Category A or B herring permit, 
and restores general recordkeeping and reporting requirements that were 
unintentionally removed from the Code of Federal Regulations.

3. 2023-2025 Herring Fishery Specifications

    This action implements the Council's recommended 2023-2025 herring 
fishery specifications. In 2021, the interim final rule implementing 
Framework Adjustment 8 to the Atlantic Herring FMP set herring fishery 
specifications for 2021-2023 based on the results of a 2020 management 
track assessment (86 FR 17081, April 1, 2021). This action replaces the 
default 2023 specifications that were implemented through Framework 8 
(Table 1).

                Table 1--Summary of Default and Revised 2023-2025 Herring Fishery Specifications
                                                      [mt]
----------------------------------------------------------------------------------------------------------------
                                                          Default values               Revised values
                                                           (Framework 8)  --------------------------------------
                     Specification                      ------------------
                                                               2023            2023         2024         2025
----------------------------------------------------------------------------------------------------------------
OFL....................................................            44,600       29,138       32,233       40,727
ABC....................................................             8,767       16,649       23,409       28,181

[[Page 17399]]

 
Management Uncertainty *...............................             4,669        4,220        4,220        4,220
OY/ACL.................................................             4,098     * 12,429     * 19,189     * 23,961
DAH....................................................             4,098       12,429       19,189       23,961
Border Transfer........................................                 0            0            0            0
DAP....................................................             4,098       12,429       19,189       23,961
USAP...................................................                 0            0            0            0
Area 1A sub-ACL (28.9%)................................             1,184      * 3,592      * 5,546      * 6,925
Area 1B sub-ACL (4.3%).................................               176          534          825        1,030
Area 2 sub-ACL (27.8%).................................             1,139        3,455        5,335        6,661
Area 3 sub-ACL (39%)...................................             1,598        4,847        7,484        9,345
Fixed Gear Set-Aside...................................                30           30           30           30
RSA as % of sub-ACL....................................                0%           0%           0%           0%
----------------------------------------------------------------------------------------------------------------
\*\ 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.

OFL

    This action decreases the 2023 OFL by 35 percent relative to the 
default 2023 OFL that was implemented through Framework 8. The 
difference between the default and revised 2023 OFLs is due to the data 
updates and changes that were made in the model assumptions during the 
2022 assessment. The 2023 OFL decreased for two reasons: Fishing 
mortality at maximum sustainable yield (FMSY) was lower in 
the 2022 assessment than it was in the 2020 assessment (0.50 and 0.54, 
respectively); and projected 2023 biomass was much lower in the 2022 
assessment than it was in the 2020 assessment (79,231 mt and 130,616 
mt, respectively).

ABC

    This action increases the 2023 ABC by 90 percent relative to the 
default 2023 ABC that was implemented through Framework 8. The 
difference between the default and revised 2023 ABCs are due to the 
data updates and changes that were made in the model assumptions during 
the 2022 assessment. Under the ABC control rule, the target F that 
defines the ABC depends on the ratio of spawning stock biomass (SSB) to 
SSBMSY. The larger the ratio, the bigger the target F and 
ABC, and vice-versa. MSY reference points were revised during the 2022 
management track assessment and, as a result, SSBMSY 
decreased relative to the 2020 assessment. This caused the ratio of SSB 
to SSBMSY to increase relative to the 2020 assessment, 
resulting in a higher 2023 ABC.

Management Uncertainty

    The herring ACL is reduced from the ABC in order 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 2023-2025 ABCs 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 (4,220 mt) is based on New Brunswick weir 
fishery landings during 2012-2021.

New Brunswick Weir Adjustment

    This rule modifies the New Brunswick weir adjustment regulations at 
Sec.  648.201(h) to state that if NMFS determines that the weir fishery 
landed less than 2,722 mt of herring through October 1, NMFS will 
subtract 1,000 mt from the management uncertainty buffer and reallocate 
that 1,000 mt to the Area 1A sub-ACL and the ACL. Currently, Sec.  
648.201(h) states that this transfer will be completed if NMFS 
determines that the New Brunswick weir fishery landed less than 3,012 
mt of herring through October 1. Since 2016, the transfer trigger has 
been calculated based on a proportion (64.5 percent) of the management 
uncertainty buffer. This action maintains the same approach for 
calculating the transfer trigger, which in this instance results in 
2,722 mt.

Other Specifications Components

    The Council recommended keeping the remainder of the 2023-2025 
herring specifications status quo and/or using status quo methodology 
to calculate them. This action also maintains status quo river herring 
and shad catch caps for 2023-2025 (Table 2).

          Table 2--2023-2025 River Herring and Shad Catch Caps
                                  [mt]
------------------------------------------------------------------------
                                       Default values    Revised values
              Catch cap              -----------------------------------
                                            2023            2023-2025
------------------------------------------------------------------------
Midwater Trawl Gulf of Maine........              76.7              76.7
Midwater Trawl Cape Cod.............              32.4              32.4
Midwater Trawl Southern New England              129.6             129.6
 and Mid-Atlantic...................

[[Page 17400]]

 
Bottom Trawl Southern New England                122.3             122.3
 and Mid-Atlantic...................
------------------------------------------------------------------------

4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and 
Area 3

    Herring regulations at Sec.  648.201(a)(1)(i)(A) require NMFS to 
implement a 2,000-lb (907.2-kg) herring possession limit for Area 1B 
beginning on the date that catch is projected to reach 92 percent of 
the sub-ACL for that area. Herring regulations at Sec.  
648.201(a)(1)(i)(B)(2) require NMFS to implement a 2,000-lb (907.2-kg) 
herring possession limit for Area 3 beginning on the date that catch is 
projected to reach 98 percent of the sub-ACL for that area. In 2021, 
the interim final rule implementing Framework 8 set herring fishery 
specifications for 2021-2023. By regulation, these specifications 
remain in place until they are replaced by new specifications. The 
updated 2023 herring fishery specifications being implemented through 
this action replace the default 2023 specifications that were 
previously implemented through Framework 8. However, until this action 
becomes effective, the herring fishery will continue to operate under 
the default 2023 specifications. The fishery has been operating under 
the default 2023 specifications since January 1, 2023.
    Based on dealer reports, state data, and other available 
information, NMFS estimated that the herring fleet had harvested 92 
percent of the default 2023 Area 1B sub-ACL by January 6, 2023, and 98 
percent of the default 2023 Area 3 sub-ACL by January 10, 2023. 
Therefore, in January 2023, NMFS implemented 2,000-lb (907.2-kg) 
possession limits in Area 1B and Area 3 (88 FR 2271, January 13, 2023; 
and 88 FR 2859, January 18, 2023, respectively). The updated 2023 Area 
1B and Area 3 sub-ACLs implemented through this action are higher than 
the default 2023 Area 1B and Area 3 sub-ACLs that were implemented 
through Framework 8. Because these sub-ACLs are increased through this 
action, the amount of herring that has been caught in Area 1B in 2023 
does not exceed 92 percent of the updated 2023 Area 1B sub-ACL, and the 
amount of herring that has been caught in Area 3 in 2023 does not 
exceed 98 percent of the updated 2023 Area 3 sub-ACL. Therefore, this 
action removes the 2,000-lb (907.2-kg) possession limits that were 
previously implemented in Area 1B and Area 3.
    If/when NMFS projects that herring catch will exceed 92 percent of 
the updated Area 1B sub-ACL, NMFS will implement a 2,000-lb (907.2-kg) 
possession limit in Area 1B in accordance with the regulations at Sec.  
648.201(a)(1)(i)(A). If/when NMFS projects that herring catch will 
exceed 90 percent of the updated Area 3 sub-ACL, NMFS will implement a 
40,000-lb (18,143.7-kg) possession limit in Area 3 in accordance with 
the regulations at Sec.  648.201(a)(1)(i)(B)(1). If/when NMFS projects 
that herring catch will exceed 98 percent of the updated Area 3 sub-
ACL, NMFS will implement a 2,000-lb (907.2-kg) possession limit in Area 
3 in accordance with the regulations at Sec.  648.201(a)(1)(i)(B)(2).

5. Adjustments to 2023 Herring Fishery Specifications

    Herring regulations require that unharvested catch (equaling up to 
10 percent of the initial sub-ACL) from a herring management area in a 
given fishing year shall be carried over and added to the sub-ACL for 
that management area in the fishing year following total catch 
determination. Carryover gets added to the applicable management area 
sub-ACL, but it does not get added to the ACL. Herring regulations also 
require that if NMFS determines that total catch exceeded a management 
area sub-ACL by any amount and the ACL was also exceeded in a given 
fishing year, then NMFS shall subtract the full amount of the sub-ACL 
overage from the applicable sub-ACL and the full amount of the ACL 
overage from the ACL in the fishing year following total catch 
determination. This action announces adjustments to the 2023 herring 
specifications to account for carryover of unharvested catch and catch 
overages from 2021 (Table 3).

                                     Table 3--Summary of 2021 Catch and Adjusted 2023 Herring Fishery Specifications
                                                                          [mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      2021    2021 Catch  2021 Underages                 Overage      2023       2023
                    Specification                      2021 Limits   Final   (percent of      (+) and      Carryover    deductions   Initial   Adjusted
                                                        (adjusted)   catch     limits)     overages (-)    for 2023 *    for 2023    values     values
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A Sub-ACL......................................        2,609    2,856          109            -247            0          247     3,592       3,345
Area 1B Sub-ACL......................................          239        0            0             239           21            0       534         555
Area 2 Sub-ACL.......................................          652      191           29             461          134            0     3,455       3,589
Area 3 Sub-ACL.......................................        2,181    2,222          102             -41            0           41     4,847       4,806
ACL..................................................        5,128    5,268          103            -140            0          140    12,429      12,287
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Up to 10 percent of the initial 2021 sub-ACL can be carried over to 2023.

6. Revision to the Herring Rebuilding Plan

    The final rule implementing Framework Adjustment 9 to the Atlantic 
Herring FMP established a rebuilding plan for herring that became 
effective in August 2022 (87 FR 42962; July 19, 2022). Analyses 
conducted during the development of Framework 9 indicated that under 
this rebuilding plan, the herring stock could rebuild in 5 years (by 
2026) assuming long-term average recruitment. New projections that were 
generated for this action using updated data indicate that the herring 
stock is no longer likely to rebuild by 2026, but it could rebuild by 
2028. This action revises the target rebuilding date for herring to 
2028 in order to reflect the results of these updated analyses. This 
still falls within the 10-year rebuilding

[[Page 17401]]

period required under the Magnuson-Stevens Act.

7. Removal of Inshore Midwater Trawl Restricted Area Regulations

    In 2021, Amendment 8 to the Atlantic Herring FMP prohibited the use 
of midwater trawl gear inshore of 12 nautical miles (22 km) from the 
U.S./Canada border to the Rhode Island/Connecticut border and inshore 
of 20 nautical miles (37 km) off the east coast of Cape Cod with the 
intent of addressing issues of localized depletion and user group 
conflict (86 FR 1810, January 11, 2021). However, as a result of 
litigation by midwater trawl industry members, a Court ruled that this 
measure was arbitrary and capricious and violated the Administrative 
Procedure Act based on a conclusion that the available scientific 
information did not sufficiently support that localized depletion was 
occurring. The Court further ruled that implementation of the inshore 
midwater trawl restricted area failed to comply with National Standard 
4 to the Magnuson-Stevens Act because the rule did not sufficiently 
demonstrate that the measure was reasonably calculated to promote 
conservation. As a result, the inshore midwater trawl restricted area 
measures were vacated. Accordingly, this action removes the regulatory 
text that implemented the inshore midwater trawl restricted area from 
the prohibitions at Sec.  648.14, and the herring regulations at Sec.  
648.202.

8. Other Administrative Revisions and Corrections

    In 2016, Volume 3 of the Final Environmental Impact Statement 
(FEIS) prepared for the Omnibus Essential Fish Habitat Amendment 2 
contained coordinates for the Western Gulf of Maine Habitat Management 
Area (HMA). In the FEIS, the longitude for one of the points defining 
the Western Gulf of Maine HMA (WGMH4) was erroneously listed as 
70[deg]15' W. The correct longitude for this point is 70[deg]00' W. 
This typographical error was repeated in the final rule (83 FR 15240) 
implementing the Omnibus Essential Fish Habitat Amendment 2. This 
action corrects the coordinates for the Western Gulf of Maine HMA 
(Table 4) at Sec.  648.370(f)(1).

    Table 4--Corrected Coordinates for the Western Gulf of Maine HMA
------------------------------------------------------------------------
              Point                   N Latitude          W Longitude
------------------------------------------------------------------------
WGMH1...........................  43[deg]15' N        70[deg]15' W
WGMH2...........................  42[deg]15' N        70[deg]15' W
WGMH3...........................  42[deg]15' N        70[deg]00' W
WGMH4...........................  43[deg]15' N        70[deg]00' W
WGMH1...........................  43[deg]15' N        70[deg]15' W
------------------------------------------------------------------------

    Herring regulations at Sec.  648.202(b)(4)(iv) reference 
regulations containing measures to address slippage on vessels issued a 
Category A or B herring permit at Sec.  648.11(m)(4)(iv) and (v). 
However, the regulations containing measures to address slippage on 
vessels issued a Category A or B herring permit are located at Sec.  
648.11(m)(7)(iv) through (vi). This action corrects this regulatory 
citation.
    On January 1, 2023, regulatory text pertaining to general 
recordkeeping and reporting requirements at Sec.  648.7(b)(1) was 
unintentionally removed from the Code of Federal Regulations. This 
action restores the regulatory text that was previously found at Sec.  
648.7(b)(1).

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) is promulgating final regulations that 
have been determined to be consistent with the Atlantic Herring FMP, 
provisions of the Magnuson-Stevens Act, and other applicable law.
    The AA finds good cause under 5 U.S.C. 553(b)(3)(B) that prior 
notice and the opportunity for public comment on this interim final 
rule would be contrary to the public interest because it would 
undermine the benefits conferred by the measures in this action. The 
public is anticipating the implementation of these measures, since the 
Council voted on recommended specifications during a public meeting. 
Additionally, the specifications implemented in this action are 
formulaic and calculated by applying the ABC control rule to updated 
assessment data. Both the ABC control rule and the updated fishery data 
were closely analyzed and subject to public comment during the 
development of Amendment 8 and these specifications. Further, the final 
specifications being implemented through this action need to be in 
place as soon as possible after the start of the herring fishing year 
on January 1, 2023. If implementation of this action is delayed, 
updated 2023 herring fishery specifications may not be in effect before 
the conclusion of the winter fishery in Areas 1B and 3. If this occurs, 
the herring fleet may miss out on the economic opportunities associated 
with the updated specification. The Council submitted the final SIR to 
NMFS on January 10, 2023. NMFS has worked as quickly as possible to 
implement this interim final rule while ensuring that the rulemaking 
process is consistent with the herring specifications requirements at 
Sec.  648.200. Last, NMFS is accepting public comment on this interim 
final rule, which will help ensure there have been no significant 
omissions or errors, or other information that might warrant changes. 
NMFS will publish a subsequent final rule if NMFS receives any 
significant comments. If information submitted during the public 
comment period resulted in NMFS approving and implementing reduced 
fishery specifications, any overages of those specifications that 
occurred before NMFS implemented a final rule may need to be deducted 
from the applicable sub-ACLs and/or the ACL in a future fishing year. 
Therefore, a potential final rule would need to be implemented as soon 
as possible.
    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 effectiveness for this interim 
final rule. No additional time is required for any regulated party to 
come into compliance with the measures in this interim final rule. In 
order to comply with this final rule, herring vessels will simply need 
to adhere to the new 2023 herring fishery specifications.
    The Office of Management and Budget has determined that this final 
rule is not significant pursuant to Executive Order (E.O.) 12866.
    This interim final rule does not contain policies with federalism 
or takings implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    This final rule does not contain any new information collection 
requirements, including reporting or recordkeeping requirements, for 
the purposes of the Paperwork Reduction Act.
    This final rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is not required to be issued with an 
opportunity for prior notice and opportunity for public comment.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

[[Page 17402]]

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.  648.7, add paragraph (b)(1) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) Fishing Vessel Trip Reports. The owner or operator of any 
vessel issued a valid permit, or eligible to renew a limited access 
permit under this part must maintain on board the vessel, and submit, 
and accurate fishing log report for each fishing trip, regardless of 
species fished for or taken, by electronic means. This report must be 
entered into and submitted through a software application approved by 
NMFS.
    (i) Vessel owners or operators. With the exception of those vessel 
owners or operators fishing under a surfclam or ocean quahog permit, at 
least the following information as applicable and any other information 
required by the Regional Administrator must be provided:
    (A) Vessel name;
    (B) USCG documentation number (or state registration number, if 
undocumented);
    (C) Permit number;
    (D) Date/time sailed;
    (E) Date/time landed;
    (F) Trip type;
    (G) Number of crew;
    (H) Number of anglers (if a charter or party boat);
    (I) Gear fished;
    (J) Quantity and size of gear;
    (K) Mesh/ring size;
    (L) Chart area fished;
    (M) Average depth;
    (N) Latitude/longitude;
    (O) Total hauls per area fished;
    (P) Average tow time duration;
    (Q) Hail weight, in pounds (or count of individual fish, if a party 
or charter vessel), by species, of all species, or parts of species, 
such as monkfish livers, landed or discarded; and, in the case of skate 
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total 
length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, total 
length) skates;
    (R) Dealer permit number;
    (S) Dealer name;
    (T) Date sold, port and state landed; and
    (U) Vessel operator's name, signature, and operator's permit number 
(if applicable).
    (ii) Atlantic mackerel owners or operators. The owner or operator 
of a vessel issued a limited access Atlantic mackerel permit must 
report catch (retained and discarded) of Atlantic mackerel daily via 
VMS, unless exempted by the Regional Administrator. The report must 
include at least the following information, and any other information 
required by the Regional Administrator: Fishing Vessel Trip Report 
serial number; month, day, and year Atlantic mackerel was caught; total 
pounds of Atlantic mackerel retained and total pounds of all fish 
retained. Daily Atlantic mackerel VMS catch reports must be submitted 
in 24-hr intervals for each day and must be submitted by 0900 hr on the 
following day. Reports are required even if Atlantic mackerel caught 
that day have not yet been landed. This report does not exempt the 
owner or operator from other applicable reporting requirements of this 
section.
    (iii) Surfclam and Ocean Quahog owners or operators. The owner or 
operator of any vessel conducting any surfclam and ocean quahog fishing 
operations must provide at least the following information and any 
other information required by the Regional Administrator:
    (A) Name and permit number of the vessel;
    (B) Total amount in bushels of each species taken;
    (C) Date(s) caught;
    (D) Time at sea;
    (E) Duration of fishing time;
    (F) Locality fished;
    (G) Crew size;
    (H) Crew share by percentage;
    (I) Landing port;
    (J) Date sold;
    (K) Price per bushel;
    (L) Buyer;
    (M) Tag numbers from cages used;
    (N) Quantity of surfclams and ocean quahogs discarded; and
    (O) Allocation permit number.
    (iv) Private tilefish recreational vessel owners and operators. The 
owner or operator of any fishing vessel that holds a Federal private 
recreational tilefish permit, must report for each recreational trip 
fishing for or retaining blueline or golden tilefish in the Tilefish 
Management Unit. The required Vessel Trip Report must be submitted by 
electronic means. This report must be submitted through a NMFS-approved 
electronic reporting system within 24 hours of the trip returning to 
port. The vessel operator may keep paper records while onboard and 
upload the data after landing. The report must contain the following 
information:
    (A) Vessel name;
    (B) USCG documentation number (or state registration number, if 
undocumented);
    (C) Permit number;
    (D) Date/time sailed;
    (E) Date/time landed;
    (F) Trip type;
    (G) Number of anglers;
    (H) Species;
    (I) Gear fished;
    (J) Quantity and size of gear;
    (K) Soak time;
    (L) Depth;
    (M) Chart Area;
    (N) Latitude/longitude where fishing occurred;
    (O) Count of individual golden and blueline tilefish landed or 
discarded; and
    (P) Port and state landed.
* * * * *

0
3. In Sec.  648.14, remove paragraphs (r)(1)(vi)(H) and (I).

0
4. In Sec.  648.201, revise paragraph (h) to read as follows:


Sec.  648.201  AMs and harvest controls.

* * * * *
    (h) If NMFS determines that the New Brunswick weir fishery landed 
less than 2,722 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.

0
5. In Sec.  648.202:
0
a. Remove and reserve paragraph (a)(2); and
0
b. Revise paragraph (b)(4)(iv).
    The revision reads as follows:


Sec.  648.202  Season and area restrictions.

* * * * *
    (b)
    (4) * * *
    (iv) Comply with the measures to address slippage specified in 
Sec.  648.11(m)(7)(iv) through (vi) if the vessel was issued a Category 
A or B Herring Permit.

0
6. In Sec.  648.370, revise the Western Gulf of Maine HMA table in 
paragraph (f)(1) to read as follows:


Sec.  648.370  Habitat Management Areas.

* * * * *
    (f) * * *
    (1) * * *

         Table 6 to Paragraph (f)(1)--Western Gulf of Maine HMA
------------------------------------------------------------------------
              Point                   N latitude          W longitude
------------------------------------------------------------------------
WGMH1...........................  43[deg]15' N        70[deg]15' W
WGMH2...........................  42[deg]15' N        70[deg]15' W
WGMH3...........................  42[deg]15' N        70[deg]00' W
WGMH4...........................  43[deg]15' N        70[deg]00' W
WGMH1...........................  43[deg]15' N        70[deg]15' W
------------------------------------------------------------------------


[[Page 17403]]

* * * * *
[FR Doc. 2023-05797 Filed 3-22-23; 8:45 am]
BILLING CODE 3510-22-P