90626 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230316–0077] 

RTID 0648–XE470 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2024 

Management Area 1A Possession Limit 

Adjustment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; possession 

limit adjustment. 

SUMMARY: NMFS is implementing a 

2,000-lb (907.2-kg) possession limit for 

Atlantic herring for Management Area 

1A. This is required because NMFS 

projects that herring catch from Area 1A 

will reach 92 percent of the Area’s subannual catch limit before the end of the 

fishing year. This action is intended to 

prevent overharvest of herring in Area 

1A, which would result in additional 

catch limit reductions in a subsequent 

year. 

DATES: Effective 0001 hours (hr) local 

time, November 14, 2024, through 

December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Colette Tweeddale, Fishery 

Management Specialist, 978–281–9335. 

SUPPLEMENTARY INFORMATION: The 

Regional Administrator of the Greater 

Atlantic Regional Office monitors 

Atlantic 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)(A) require 

implementation of a 2,000-lb (907.2-kg) 

possession limit for herring for Area 1A 

beginning on the date that catch is 

projected to reach 92 percent of the subannual catch limit (ACL) for that area. 

The Magnuson-Stevens Fishery 

Conservation and Management Act 

provides authority to implement the 

possession limit only to the Secretary of 

Commerce, which has been delegated to 

the Regional Administrator. 

Based on vessel reports, dealer 

reports, and other available information 

the Regional Administrator projects that 

the herring fleet will have caught 92 

percent of the Area 1A sub-ACL by 

November 13, 2024. Therefore, effective 

0001 hr local time November 14, 2024, 

through December 31, 2024, 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 of herring per trip or more 

than once per calendar day in or from 

Area 1A. 

Vessels that enter port before 0001 hr 

local time on November 14, 2024, may 

land and sell more than 2,000 lb (907.2 

kg) of herring from Area 1A from that 

trip, provided that catch is landed in 

accordance with state management 

measures. Vessels may transit or land in 

Area 1A 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 0001 hr local time, 

November 14, 2024, through 2400 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 1A, unless it is 

from a vessel that enters port before 

0001 hr local time on November 14, 

2024, and catch is landed in accordance 

with state management measures. 

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 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 

implementation of this possession limit 

also were subject to public notice and 

opportunity to comment, when they 

were first adopted in 2014. Herring 

fishing industry participants monitor 

catch closely and anticipate potential 

possession limit adjustments as catch 

totals approach Area sub-ACLs. The 

regulation is not discretionary 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. 

The 2024 herring fishing year began 

on January 1, 2024, and Management 

Area 1A opened to fishing on June 1, 

2024. Data indicating that the herring 

fleet will have landed at least 92 percent 

of the 2024 sub-ACL allocated to Area 

1A only recently became available. 

High-volume catch and landings in this 

fishery can increase total catch relative 

to the sub-ACL 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 2024 sub-ACL for 

Area 1A will likely be exceeded; thereby 

undermining the conservation 

objectives of the Herring Fishery 

Management Plan (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: November 13, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–26816 Filed 11–13–24; 4:15 pm] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1