7046 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Rules and Regulations 

■ v. Remove the entries for ‘‘Altamont,’’ 

‘‘Boardman,’’ ‘‘Dallas,’’ ‘‘Manzanita,’’ 

‘‘Merrill,’’ ‘‘Moro,’’ ‘‘Prineville,’’ and 

‘‘Waldport’’ under Oregon; 

■ w. Remove the entry for ‘‘Eagle Butt’’ 

under South Dakota; 

■ x. Remove the entries for ‘‘Annona,’’ 

‘‘Austwell,’’ ‘‘Batesville,’’ ‘‘Big Spring,’’ 

‘‘Carbon,’’ ‘‘Christine,’’ ‘‘Cotulla,’’ 

‘‘Crosbyton,’’ ‘‘Cuney,’’ ‘‘Early,’’ 

‘‘Encinal,’’ ‘‘Garwood,’’ ‘‘Goldwaithe,’’ 

‘‘Guthrie,’’ ‘‘Harper,’’ ‘‘Hawley,’’ ’’ 

Hebbronville,’’ ‘‘Hico,’’ ‘‘Jacksonville,’’ 

‘‘Llano,’’ ‘‘Longview,’’ ‘‘Matagorda,’’ 

‘‘Meyersville,’’ ‘‘Midway,’’ ‘‘Moody,’’ 

‘‘Moran,’’ ‘‘Muleshoe,’’ ‘‘Newcastle,’’ 

‘‘Oakwood,’’ ‘‘Paducah,’’ ‘‘Port Isabel,’’ 

‘‘Presidio,’’ ‘‘Quanah,’’ ‘‘Smiley,’’ 

‘‘Spur;’’ and revise the entries for 

‘‘Junction,’’ ‘‘Knox City,’’ ‘‘Leakey,’’ 

‘‘Mason,’’ ‘‘Memphis,’’ ‘‘Palacios,’’ 

‘‘Roaring Springs,’’ ‘‘Sanderson,’’ and 

‘‘Turkey’’ under Texas; 

■ y. Remove the entry for ‘‘Toquerville’’ 

under Utah; 

■ z. Remove the entry for 

‘‘Chincoteague’’ under Virginia; 

■ aa. Remove the entry for ‘‘Dayton;’’ 

and revise the entry for ‘‘Oak Harbor ’’ 

under Washington; 

■ bb. Remove the entry for ‘‘Baggs’’ 

under Wyoming. 

The revisions read as follows: 

§ 73.202 Table of Allotments. 

* * * * * 

(b) * * * 

TABLE 1 TO PARAGRAPH (b) 

U.S. States Channel No. 

* * * * * 

TEXAS 

* * * * * 

Junction ................................ 277C3 

* * * * * 

Knox City .............................. 293A 

Leakey .................................. 275A, 299A 

* * * * * 

Mason ................................... 239C2 

* * * * * 

Memphis ............................... 292A 

* * * * * 

Palacios ................................ 259C1 

* * * * * 

Roaring Springs .................... 227A 

* * * * * 

Sanderson ............................ 274C1 

* * * * * 

Turkey ................................... 221C2 

TABLE 1 TO PARAGRAPH (b)— 

Continued 

U.S. States Channel No. 

* * * * * 

WASHINGTON 

* * * * * 

Oak Harbor ........................... * 233A 

* * * * * 

* * * * * 

[FR Doc. 2022–02434 Filed 2–7–22; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 subannual 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 subannual 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 § 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 subACLs, 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 


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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Rules and Regulations 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 subACLs 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 


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