71504 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

that activities they authorize, fund, or 

carry out may affect Nelson’s checkermallow. There is no critical habitat 

designated for this species, so there is 

no effect to 50 CFR 17.96. 

Post-Delisting Monitoring 

Section 4(g)(1) of the Act requires us, 

in cooperation with the States, to 

implement a monitoring program for not 

less than 5 years for all species that have 

been delisted due to recovery. PDM 

refers to activities undertaken to verify 

that a species delisted due to recovery 

remains secure from the risk of 

extinction after the protections of the 

Act no longer apply. The primary goal 

of PDM is to monitor the species to 

ensure that its status does not 

deteriorate, and if a decline is detected, 

to take measures to halt the decline so 

that proposing it as endangered or 

threatened is not again needed. If at any 

time during the monitoring period data 

indicate that protective status under the 

Act should be reinstated, we can initiate 

listing procedures, including, if 

appropriate, emergency listing. 

We are delisting Nelson’s checkermallow due to recovery based on our 

analysis in the SSA report, expert 

opinions, and conservation actions 

taken. We have prepared a PDM plan 

that discusses the current status of the 

taxon and describes the methods for 

monitoring its status. The PDM plan: (1) 

summarizes the status of Nelson’s 

checker-mallow at the time of delisting; 

(2) describes frequency and duration of 

monitoring; (3) discusses monitoring 

methods and sampling regimes; (4) 

defines what triggers will be evaluated 

to address the need for additional 

monitoring; (5) outlines reporting 

requirements and procedures; (6) 

provides a schedule for implementing 

the PDM plan; and (7) defines 

responsibilities. It is our intent to work 

with our partners towards maintaining 

the recovered status of Nelson’s 

checker-mallow. To view a copy of the 

PDM plan, see ADDRESSES, above. 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

determining a species’ listing status 

under the Endangered Species Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

federally recognized Tribes on a 

government-to-government basis. In 

accordance with Secretary’s Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

Several Nelson’s checker-mallow sites 

occur on Confederated Tribe of Grand 

Ronde (Tribe) lands, and some sites may 

lie within the usual and accustomed 

places for Tribal collection and 

gathering of resources. The Tribe has a 

plan in place to manage and monitor 

Nelson’s checker-mallow and a new 

memorandum of understanding with the 

Service for data sharing. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Service’s 

Oregon Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this final rule 

are the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Oregon Fish and Wildlife 

Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Regulation Promulgation 

Accordingly, we hereby amend part 

17, subchapter B of chapter I, title 50 of 

the Code of Federal Regulations, as set 

forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

§ 17.12 [Amended] 

■ 2. In § 17.12, in paragraph (h), amend 

the List of Endangered and Threatened 

Plants by removing the entry for 

‘‘Sidalcea nelsoniana’’ under 

FLOWERING PLANTS. 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–22759 Filed 10–16–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230316–0077; RTID 0648– 

XD421] 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Adjustment to the 2023 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS is adjusting the 2023 

Atlantic herring specifications for the 

remainder of 2023. Herring regulations 

specify that NMFS will subtract 1,000 

metric tons (mt) from the management 

uncertainty buffer and reallocate it to 

the herring annual catch limit and Area 

1A sub-annual catch limit if NMFS 

determines that the New Brunswick 

weir fishery landed less than 2,722 mt 

of herring through October 1. 

DATES: Effective October 12, 2023 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Maria Fenton, Fishery Management 

Specialist, 978–281–9196. 

SUPPLEMENTARY INFORMATION: NMFS 

published final 2023 specifications for 

the Atlantic herring fishery on March 

23, 2023 (88 FR 17397), establishing the 

2023 annual catch limit (ACL) and 

management area sub-ACLs. The 

regulations at 50 CFR 648.201(h) specify 

that NMFS will subtract 1,000 mt from 

the management uncertainty buffer and 

reallocate it to the herring ACL and Area 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71505 

1A sub-ACL if NMFS determines that 

the New Brunswick weir fishery landed 

less than 2,722 mt of herring through 

October 1. When such an adjustment is 

made, the regulations at § 648.201(h) 

state that NMFS will notify the New 

England Fishery Management Council 

and publish the adjustment in the 

Federal Register. 

Data from Canada’s Department of 

Fisheries and Oceans indicate that the 

New Brunswick weir fishery landed 525 

mt of herring through October 1, 2023. 

Based on this catch information and 

NMFS’ analysis of recent catch 

performance data, the best available 

information indicates that the New 

Brunswick weir fishery landed less than 

2,722 mt of herring through October 1, 

2023, and NFMS is implementing an 

inseason adjustment to the 2023 herring 

fishery specifications. Effective upon 

notice filing in the Federal Register, the 

management uncertainty buffer will 

decrease from 4,220 mt to 3,220 mt, the 

ACL will increase from 12,287 mt to 

13,287 mt, and the Area 1A sub-ACL 

will increase from 3,345 mt to 4,345 mt 

for the remainder of 2023 (Table 1). 

TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2023 

Current 

specifications 

(mt) 

Adjusted 

specifications 

(mt) 

Overfishing Limit .......................................................................................................................................... 29,138 29,138 

Acceptable Biological Catch ........................................................................................................................ 16,649 16,649 

Management Uncertainty ............................................................................................................................. 4,220 3,220 

Optimum Yield/ACL ..................................................................................................................................... 12,287 13,287 

Domestic Annual Harvest ............................................................................................................................ 12,429 13,429 

Border Transfer ............................................................................................................................................ 0 0 

Domestic Annual Processing ....................................................................................................................... 12,429 13,429 

U.S. At-Sea Processing ............................................................................................................................... 0 0 

Area 1A Sub-ACL (28.9 percent) ................................................................................................................ 3,345 4,345 

Area 1B Sub-ACL (4.3 percent) .................................................................................................................. 555 555 

Area 2 Sub-ACL (27.8 percent) ................................................................................................................... 3,589 3,589 

Area 3 Sub-ACL (39 percent) ...................................................................................................................... 4,806 4,806 

Fixed Gear Set-Aside .................................................................................................................................. 30 30 

Research Set-Aside (RSA) .......................................................................................................................... 0% 0% 

Once this temporary rule takes effect, 

NMFS will use the adjusted 

specifications for the remainder of 2023 

when evaluating whether NMFS needs 

to implement a possession limit 

adjustment for Area 1A or for the whole 

fishery. The regulations at 

§ 648.201(a)(1)(i)(A) specify that NMFS 

shall implement a 2,000-pound (lb) 

(907.2-kilogram (kg)) possession limit 

for herring for Area 1A beginning on the 

date that catch is projected to reach 92 

percent of the sub-ACL for that area. 

The regulations at § 648.201(a)(1)(ii) 

specify that NMFS shall close the 

herring fishery and implement a 2,000- 

lb (907.2-kg) possession limit for herring 

beginning on the date that catch is 

projected to reach 95 percent of the 

ACL. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is in accordance with 

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 

inseason adjustment reallocates a 

portion of the management uncertainty 

buffer to the herring ACL and Area 1A 

sub-ACL for the remainder of the 

calendar year pursuant to a previously 

published regulation that provides 

notice of this annual potential 

adjustment and does not include 

discretionary implementation. Further, 

this reallocation process was the subject 

of prior notice and comment 

rulemaking. The inseason adjustment is 

routine and formulaic, specified in the 

regulations, and is expected by industry. 

The potential to reallocate the 

management uncertainty buffer was also 

outlined in the 2023 herring 

specifications that were published 

March 23, 2023 (88 FR 17397), which 

were developed through public notice 

and comment. Further, this inseason 

adjustment provides additional 

economic opportunity for the 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. 

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

Dated: October 11, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22875 Filed 10–12–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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