[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31193-31195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10425]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230316-0077; RTID 0648-XD015]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2023 Management Area 3 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-lb (907.2-kg) possession limit 
for Atlantic herring for Management Area 3. This is required because 
NMFS projects that herring catch from Area 3 will reach 98 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 3,

[[Page 31194]]

which would result in additional catch limit reductions in a subsequent 
year.

DATES: Effective 00:01 hr local time on May 14, 2023, through December 
31, 2023.

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

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors herring fishery catch in each 
Management Area based on vessel and dealer reports, state data, and 
other available information. Regulations at 50 CFR 
648.201(a)(1)(i)(B)(2) require that NMFS implement a 2,000-lb (907.2-
kg) possession limit for herring for Area 3 beginning on the date that 
catch is projected to reach 98 percent of the sub-annual catch limit 
(ACL) for that area.
    Based on vessel trip reports, vessel monitoring system catch 
reports, dealer reports, and other available information, the Regional 
Administrator projects that the herring fleet will catch 98 percent of 
the Area 3 sub-ACL by May 14, 2023. Therefore, effective 00:01 hr local 
time May 14, 2023, through 24:00 hr local time December 31, 2023, 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 (907.2 
kg) of herring per trip or more than once per calendar day in or from 
Area 3.
    Vessels that enter port before 00:01 local time on May 14, 2023, 
may land and sell more than 2,000 lb (907.2 kg) of herring from Area 3 
from that trip, provided that catch is landed in accordance with state 
management measures. Vessels may transit or land in Area 3 with more 
than 2,000 lb (907.2 kg) of herring on board, provided that: The 
herring were caught in an area not subject to a 2,000-lb (907.2-kg) 
limit; all fishing gear is stowed and not available for immediate use; 
and the vessel is issued a permit appropriate to the amount of herring 
on board and the area where the herring was harvested.
    Also effective 00:01 hr local time, May 14, 2023, through 24:00 hr 
local time, December 31, federally permitted dealers may not attempt or 
do any of the following: Purchase; receive; possess; have custody or 
control of; sell; barter; trade; or transfer more than 2,000 lb (907.2 
kg) of herring per trip or calendar day from Area 3, unless it is from 
a vessel that enters port before 00:01 local time on May 14, 2023, and 
catch is landed in accordance with state management measures.
    This 2,000-lb (907.2 kg) possession limit bypasses the 40,000-lb 
(18,143.7-kg) possession limit that is required when NMFS projects that 
90 percent of the sub-ACL will be caught. Regulations at Sec.  
648.201(a)(1)(i)(B)(1) require NMFS to implement a 40,000-lb (18,143.7-
kg) possession limit for herring for Area 3 beginning on the date that 
catch is projected to reach 90 percent of the herring sub-ACL for that 
area. Based on vessel trip reports, vessel monitoring system catch 
reports, dealer reports, and other available information, we estimate 
that 90 percent of the Area 3 sub-ACL was harvested by May 8, 2023. 
However, due to the low 2023 sub-ACLs, the high volume nature of this 
fishery, and the progress of catch this fishing year, we project that 
98 percent of the sub-ACL in Area 3 will be harvested by May 14, 2023. 
Implementing the 40,000-lb (18,143.7-kg) limit before the 2,000-lb 
(907.2 kg) limit is impracticable due to the small amount of time 
between the 90 percent and 98 percent catch projection dates and 
substantially increases the risk of exceeding the sub-ACL due to the 
low amount of available catch remaining under the sub-ACL. The limited 
time for the two different notices is logistically difficult and could 
result in substantial confusion. The limited time between projected 
dates and the relatively low available catch could also encourage 
significantly increased fishing effort if we first implemented the 
40,000-lb (18,143.7-kg) limit in Area 3. This increase could require a 
quicker implementation of the 2,000-lb (907.2 kg) limit than possible. 
To minimize the chance of a potential sub-ACL overage occurring and to 
avoid incentivizing potential changes in fishing behavior that could 
contribute to an overage, NMFS is bypassing the 40,000-lb (18,143.7-kg) 
possession limit and implementing the 2,000-lb (907.2-kg) possession 
limit in Area 3.
    The herring fishery began operating under default 2023 fishery 
specifications on January 1, 2023. On January 13, 2023, we implemented 
a 2,000-lb (907.2 kg) possession limit for herring in Area 3 because we 
estimated the fleet had caught 98 percent of the default Area 3 sub-
ACL. On March 23, 2023, we published an interim final rule that 
replaced the default 2023 herring fishery specifications with updated 
2023 specifications. This action also removed the 2,000-lb (907.2 kg) 
possession limit that was previously implemented in Area 3 because, 
relative to the updated Area 3 sub-ACL, catch from Area 3 no longer hit 
the threshold required to implement this possession limit adjustment. 
This inseason action implements a new 2,000-lb (907.2 kg) possession 
limit in Area 3 because catch relative to the updated 2023 Area 3 sub-
ACL now hits the threshold required to implement this possession limit 
adjustment.

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)(3)(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 on this action 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 NMFS to 
implement this possession limit also were subject to public notice and 
opportunity to comment when they were first adopted in 2021. Herring 
fishing industry participants monitor catch closely and anticipate 
potential possession limit adjustments as catch totals approach Area 
sub-ACLs. The regulation provides NMFS with no discretion 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.
    Updated 2023 herring fishery specifications were implemented on 
March 23, 2023. Data indicating that the herring fleet will have landed 
at least 98 percent of the 2023 sub-ACL allocated to Area 3 only 
recently became available. High-volume catch and landings in this 
fishery can increase total catch relative to the sub-ACL

[[Page 31195]]

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 2023 sub-ACL for Area 3 
will likely be exceeded; thereby undermining the conservation 
objectives of the Herring 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: May 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10425 Filed 5-11-23; 4:15 pm]
BILLING CODE 3510-22-P