[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71504-71505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22875]


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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.

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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

[[Page 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 Sec.  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
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                                         Current            Adjusted
                                      specifications     specifications
                                           (mt)               (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 Sec.  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 Sec.  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]
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