[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Rules and Regulations]
[Pages 7046-7047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02597]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220103-0001; RTID 0648-XB782]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2022 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, 
which would result in additional catch limit reductions in a subsequent 
year.

DATES: Effective 17:00 hr local time, February 4, 2022, through 
December 31, 2022.

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

SUPPLEMENTARY INFORMATION: The Regional Administrator of NMFS's Greater 
Atlantic Regional Fisheries 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 we 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 reports, dealer reports, and other available 
information, the Regional Administrator projects that the herring fleet 
will have caught 98 percent of the Area 3 sub-ACL by February 4, 2022. 
Therefore, effective 17:00 hr local time February 4, 2022, through 
December 31, 2022, 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 17:00 local time on February 4, 
2022, 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 17:00 hr local time, February 4, 2022, 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 17:00 local time on February 4, 2022, 
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 dealer reports, state data, and other available 
information, we project that 90 percent of the Area 3 sub-ACL will be 
harvested by February 3, 2022. However, due to the low 2022 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 February 4, 2022. The low amount of catch and limited 
time between the 90 percent and 98 percent

[[Page 7047]]

catch projections makes it impracticable and unnecessarily risky to 
implement the 40,000-lb (18,143.7-kg) possession limit. The limited 
time and the relatively low available catch could also encourage a 
small derby fishery. To avoid a potential sub-ACL overage and any 
potential changes in fishing incentives that could contribute to an 
overage, NMFS is bypassing the 40,000-lb (18,143.7-kg) possession limit 
and instead immediately implementing the 2,000-lb (907.2-kg) possession 
limit in Area 3.

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.
    The 2022 herring fishing year began on January 1, 2022. Data 
indicating that the herring fleet will have landed at least 98 percent 
of the 2022 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 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 2022 sub-ACL for Area 3 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: February 3, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-02597 Filed 2-3-22; 4:15 pm]
BILLING CODE 3510-22-P