[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81869-81870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240228-0062; RTID 0648-XE363]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustment to the 2024 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 2024 Atlantic herring annual catch limit 
and Area 1A sub-annual catch limit by 1,000 metric tons (mt) for the 
remainder of 2024. This action is required by the herring regulations 
when, based on data through October 1, 2024, NMFS determines that the 
New Brunswick weir fishery has landed less than 2,722 mt of herring. 
This notification informs the public of these catch limit changes.

DATES: Effective October 8, 2024, through December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Trudeau, Fishery Resource 
Management Specialist, 978-281-9252, <a href="/cdn-cgi/l/email-protection#c4a5b7aca8a1bdeab0b6b1a0a1a5b184aaaba5a5eaa3abb2"><span class="__cf_email__" data-cfemail="ddbcaeb5b1b8a4f3a9afa8b9b8bca89db3b2bcbcf3bab2ab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS published final 2024 specifications for 
the Atlantic Herring Fishery Management Plan on March 4, 2024 (89 FR 
15482), establishing the 2024 annual catch limit (ACL) and area sub-
ACLs. Table 1 shows the current herring specifications for 2024 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 2,722 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 930 mt of herring 
through October 1, 2024. Therefore, the Regional Administrator 
determined that, effective upon notification filing in the Federal 
Register, 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 5,504 mt to 6,504 mt and the ACL 
from 19,141 mt to 20,141 mt for the remainder of 2024.
    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 (907.2 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 (907.2 kg) per trip, per calendar day.

                                Table 1--Atlantic Herring Specifications for 2024
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                                                             Current specifications     Adjusted specifications
                                                                      (mt)                       (mt)
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Overfishing Limit........................................                     32,233                      32,233
Acceptable Biological Catch..............................                     23,409                      23,409
Management Uncertainty...................................                      4,220                       3,220
Optimum Yield/ACL........................................                     19,141                      20,141
Domestic Annual Harvest..................................                     19,141                      20,141
Border Transfer..........................................                          0                           0
Domestic Annual Processing...............................                     19,141                      20,141
U.S. At-Sea Processing...................................                          0                           0
Area 1A Sub-ACL (28.9 percent)...........................                      5,504                       6,504
Area 1B Sub-ACL (4.3 percent)............................                        819                         819
Area 2 Sub-ACL (27.8 percent)............................                      5,449                       5,449
Area 3 Sub-ACL (39 percent)..............................                      7,484                       7,484
Fixed Gear Set-Aside.....................................                         30                          30
Research Set-Aside (RSA).................................                         0%                          0%
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[[Page 81870]]

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 2024 herring 
specifications that were published March 23, 2023 (88 FR 17397), which 
were developed through public notice and comment. Further, this 
reallocation 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 for the reasons stated above.

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

    Dated: October 3, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-23318 Filed 10-8-24; 8:45 am]
BILLING CODE 3510-22-P


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