11680 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Proposed Rules 

• Will not have disproportionately 

high and adverse human health or 

environmental effects on minority 

populations, low-income populations 

and/or indigenous peoples, as specified 

in Executive Order 12898 (59 FR 7629, 

February 16, 1994), as discussed in 

Section IV of this proposal. 

In addition, there are no areas of 

Indian country within the Nogales area, 

and the State plan for which the EPA is 

proposing approval does not apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this proposed action does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of NAAQS in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 18, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–04070 Filed 3–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220224–0057] 

RIN 0648–BL06 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Herring Fishery; Framework 

Adjustment 9 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action proposes to 

approve and implement Framework 

Adjustment 9 to the Atlantic Herring 

Fishery Management Plan. This 

proposed rule would establish a 

rebuilding plan for herring, adjust 

accountability measure catch threshold 

triggers when catch exceeds a herring 

annual catch limit or management area 

sub-annual catch limit, and revise 

existing regulations to clarify area 

closure and possession limit restrictions 

and add prohibitions that were 

inadvertently omitted from previous 

management actions. This action is 

necessary to respond to updated 

scientific information and to achieve the 

goals and objectives of the fishery 

management plan. The proposed 

measures are intended to help prevent 

overfishing, rebuild the overfished 

herring stock, achieve optimum yield, 

and ensure that management measures 

are based on the best scientific 

information available. 

DATES: Public comments must be 

received by March 17, 2022. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2022–0021, 

by the following method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0021 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method or received after the end 

of the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of Framework 9, including the 

Environmental Assessment (EA) and the 

Regulatory Impact Review (RIR) 

prepared by the New England Fishery 

Management Council in support of this 

action are available from Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

The supporting documents are also 

accessible via the internet at https://

www.nefmc.org/management-plans/ 

herring or http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maria Fenton, Fishery Management 

Specialist, (978) 281–9196, 

Maria.Fenton@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Regulations implementing the 

Atlantic Herring Fishery Management 

Plan (FMP) appear at 50 CFR part 648, 

subpart K. The herring fishery is 

managed using annual catch limits 

(ACL) and Management Area sub-ACLs, 

possession limits, gear restrictions, and 

seasonal sub-ACL periods. In-season 

accountability measures (AM), 

including possession limit reductions 

and fishery closures, help ensure catch 

does not exceed the ACL or sub-ACLs. 

Reactive AMs require that when total 

catch exceeds an ACL or sub-ACL, the 

amount of the overage is deducted from 

the applicable sub-ACL and ACL in a 

subsequent fishing year. 

The Northeast Fisheries Science 

Center (NEFSC) completed the most 

recent Management Track Assessment 

of the Atlantic herring stock in June 

2020. The draft assessment summary 

report is available on the NEFSC 

website (https://apps-nefsc.fisheries.

noaa.gov/saw/sasi/sasi_report_

options.php). The assessment indicated 

that the stock is not subject to 

overfishing, but is now overfished. This 

represents a change from the 2018 

assessment, which indicated that the 

stock was not subject to overfishing and 

was approaching an overfished 

condition. The 2020 assessment also 

indicated that herring recruitment 

continues to be at historic low levels. 

Based on these findings, NMFS notified 

the New England Fishery Management 

Council in October 2020 that it must 

prepare and implement a new 


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rebuilding plan for herring. The 

deadline to implement this rebuilding 

plan is October 13, 2022. 

The Council developed Framework 9 

to implement a herring rebuilding plan 

that would prevent overfishing and 

rebuild the stock, as required by section 

303 of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). This action also includes 

adjustments to AM catch threshold 

triggers when catch exceeds a herring 

ACL or sub-ACL, and revisions to clarify 

existing regulations. The Council 

submitted the amendment and draft 

Environmental Assessment (EA) to 

NMFS for review on November 10, 

2021. The Council reviewed the 

proposed regulations in this proposed 

rule, as drafted by NMFS, and deemed 

them to be necessary and appropriate, as 

specified in section 303(c) of the MSA. 

Proposed Measures 

Under the MSA, NMFS is required to 

publish proposed rules for comment 

after preliminarily determining whether 

they are consistent with applicable law. 

The MSA requires NMFS to approve, 

partially approve, or disapprove 

measures proposed by the Council 

based only on whether the measures are 

consistent with the FMP, plan 

amendment, the MSA and its National 

Standards, and other applicable law. 

NMFS is proposing and seeking 

comment on the proposed measures in 

Framework 9, as recommended by the 

Council. 

1. Herring Rebuilding Plan 

When a stock is determined to be 

overfished, section 304(e)(3) of the MSA 

requires the appropriate Council to 

prepare and implement a fishery 

management plan, plan amendment, or 

proposed regulations to end overfishing 

immediately in the fishery and to 

rebuild the affected stock. Section 

304(e)(4) of the MSA requires that the 

rebuilding plan shall be as short as 

possible, taking into account the status 

and biology of any overfished stocks, 

the needs of fishing communities, and 

the interaction of the overfished stock 

within the marine ecosystem. The 

rebuilding plan must rebuild the stock 

within 10 years. 

The Council considered a range of 

rebuilding plan alternatives during the 

development of Framework 9: No 

rebuilding plan (Alternative 1); a 

rebuilding plan that would set fishing 

mortality targets according to the 

Council’s acceptable biological catch 

(ABC) control rule (Alternative 2); and 

a rebuilding plan that would set fishing 

mortality targets based on a constant 

fishing mortality rate (F) (Alternative 3) 

(Table 1). Alternative 2 reflects the 

Council’s harvest policy for herring, and 

Alternative 3 was intended to mitigate 

negative socioeconomic impacts while 

the stock rebuilds. The Council also 

considered but rejected Alternative 3A, 

which would set fishing mortality 

targets based on a constant mortality 

rate that was lower than the constant 

rate in Alternative 3. Alternative 3A was 

intended to provide the Council with an 

alternative that would provide higher 

2023 catch limits than Alternative 2 in 

order to support the fishery and its 

accompanying infrastructure, but a more 

conservative F than Alternatives 2 or 3 

for the duration of the rebuilding period 

in recognition of recent low recruitment. 

The Council ultimately selected 

Alternative 2, which would continue 

the ABC control rule currently used in 

setting herring specifications. The 

rationale for the Council’s decision is 

provided below. 

TABLE 1—SUMMARY OF REBUILDING ALTERNATIVES IN FRAMEWORK 9 

Rebuilding alternatives Fishing mortality rate (F) Rebuilding period 

No Action (Alternative 1) ............................................. Biomass-Based (0.09 to 0.43) ................................... None. 

Alternative 2 (ABC control rule) .................................. Biomass-Based (0.09 to 0.43) ................................... 5 years. 

Alternative 3 ................................................................ Constant (0.48) .......................................................... 7 years. 

Consistent with the 2020 assessment, 

each rebuilding alternative assumes that 

future herring recruitment will resemble 

long-term average recruitment. 

Projections indicate that the herring 

stock can rebuild in the shortest amount 

of time under Alternative 2 (5 years; by 

fishing year 2026). Because recent 

recruitment has been historically low, 

the Herring Plan Development Team 

(PDT) explored rebuilding sensitivity 

analyses assuming a conservative 

recruitment estimate. Projections using 

the conservative recruitment estimate 

extend the rebuilding period under 

Alternative 2 (from 5 years to 9 years) 

and lower F under Alternative 3 (from 

0.48 to 0.36) to rebuild the stock in 7 

years. Because Alternative 3A was 

added for consideration late in the 

development of Framework 9 and 

ultimately rejected, sensitivity analyses 

were not prepared for this alternative. 

By continuing the use of the current 

ABC control rule under Alternative 2, 

this action would generate ABCs 

consistent with specific criteria 

identified by the Council, including low 

variation in yield, low probability of the 

stock becoming overfished, low 

probability of a fishery shutdown, and 

catch limits set at a relatively high 

proportion of maximum sustainable 

yield (MSY). During the development of 

the ABC control rule in Amendment 8, 

the Council discussed how to proceed 

with applying the rule if the herring 

stock became overfished. Amendment 8 

provides that if the F derived from the 

ABC control rule is sufficient to meet 

rebuilding requirements, then the ABC 

control rule should be adhered to under 

a rebuilding plan. Additionally, recent 

low recruitment suggests that the longterm average recruitment assumption 

used to generate biomass projections 

may not reflect the current reality of the 

stock. Therefore, while projections 

suggest that there are not substantial 

differences in the overall performance of 

each alternative under consideration, 

the Council supported being more riskaverse in the current situation where 

herring biomass is estimated to be very 

low. Because of these reasons, the 

Council recommended implementing a 

rebuilding plan that would set ABCs 

consistent with the existing ABC control 

rule. This rulemaking proposes the 

Council’s recommendations. 

Under the ABC control rule, when 

biomass (B) is at or above 50 percent of 

the biomass that can support harvest of 

the maximum sustainable yield (BMSY) 

or its proxy, ABC is the catch associated 

with an F of 80 percent of FMSY or its 

proxy. When biomass falls below 50 

percent of BMSY or its proxy, F declines 

linearly to 0 at 10 percent of BMSY or its 

proxy. Under the proposed rebuilding 

plan, F would range from a low of 0.08 

(fishing year 2023) to a high of 0.43 

(fishing year 2026) based on current 

stock biomass projections. The ABC 

control rule allows for a maximum F of 

0.43 because 0.43 is 80 percent of the 

current estimate of FMSY (0.54). 

The proposed rebuilding plan is 

expected to result in short-term negative 

impacts to the herring fishery due to 

low catch limits during the first several 

years of the rebuilding period. However, 

the long-term benefits of rebuilding the 


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herring stock as quickly as possible and 

stabilizing the fishery are expected to 

outweigh these short-term economic 

costs. The proposed rebuilding plan 

would not result in any changes to the 

fishing year 2022 ABC, so the 

specifications that the fishery is 

currently operating under would not be 

disrupted. Additionally, other 

industries that rely on herring predators 

also need to be considered when 

examining the socioeconomic impacts 

of the rebuilding plan. The ABC control 

rule explicitly accounts for herring as 

forage in the ecosystem by limiting F to 

80 percent of FMSY when biomass is 

high and setting it at 0 when biomass is 

low. 

2. Adjustments to Accountability 

Measure Catch Threshold Triggers 

The Council recommended 

adjustments to the AM catch threshold 

triggers when a herring ACL or 

Management Area sub-ACL is exceeded. 

Currently, herring regulations at 

§ 648.201(a)(3) require that if NMFS 

determines that total catch exceeded the 

ACL or a sub-ACL in a given fishing 

year, we will subtract the amount of the 

overage from the ACL and respective 

sub-ACL in the fishing year following 

total catch determination. Framework 9 

proposes adjusting the AM catch 

threshold triggers so that an overage of 

a sub-ACL in one fishing year would 

only be deducted in a subsequent 

fishing year if the overage exceeded 10 

percent of the sub-ACL; and/or if the 

ACL was also exceeded. Additionally, if 

a sub-ACL was exceeded by more than 

10 percent and the ACL was not also 

exceeded, only the portion of the subACL overage above 10 percent would be 

deducted from the appropriate sub-ACL 

in a subsequent fishing year. 

Under these proposed regulations, the 

following overage scenarios would be 

possible: 

• If catch exceeds a sub-ACL by 10 

percent or less but does not exceed the 

ACL in a given fishing year, then NMFS 

would not deduct any amount of the 

overage from the applicable sub-ACL or 

ACL in the fishing year following total 

catch determination. 

• If catch exceeds a sub-ACL by more 

than 10 percent but does not exceed the 

ACL in a given fishing year, then NMFS 

would subtract the amount of the 

overage above 10 percent from the 

applicable sub-ACL and ACL in the 

fishing year following total catch 

determination. For example, if catch 

exceeded the Area 1A sub-ACL by 15 

percent in a given fishing year and the 

ACL was not exceeded, the amount 

equal to the 5 percent overage would be 

deducted from the ACL and Area 1A 

sub-ACL in the fishing year following 

total catch determination. 

• If catch exceeds a sub-ACL by any 

amount and also exceeds the ACL in a 

given fishing year, then NMFS would 

subtract the full amount of the sub-ACL 

overage from the applicable sub-ACL, 

and the full amount of the ACL overage 

from the ACL, in the fishing year 

following total catch determination. For 

example, if catch exceeded the Area 1A 

sub-ACL by 15 percent and the ACL by 

5 percent in a given fishing year, the 

amount equal to the 15-percent overage 

would be deducted from the Area 1A 

sub-ACL and the amount equal to the 5- 

percent overage would be deducted 

from the ACL in the fishing year 

following total catch determination. 

• If catch exceeds the ACL but does 

not exceed any sub-ACLs were exceeded 

in a given fishing year, then NMFS 

would subtract the full amount of the 

overage from the ACL in the fishing year 

following total catch determination. For 

example, if catch exceeded the herring 

ACL by 2 percent in a given fishing year 

and no sub-ACLs were exceeded, the 

amount equal to the 2-percent overage 

would be deducted from the ACL only 

in the fishing year following total catch 

determination. 

These proposed adjustments to the 

AM catch threshold triggers are 

intended to increase access to harvest 

and help offset the negative economic 

impacts of relatively small sub-ACL 

overages, which could occur given 

recent low catch limits and the high 

volume nature of the herring fishery. 

They are not expected to adversely 

affect the stock or the fishery 

management plan’s area management 

program, while still preventing 

overharvesting of any individual stock 

components. 

3. Revisions and Clarifications to 

Existing Regulations 

This proposed rule includes 

additional revisions to address 

regulatory text that is unnecessary, 

outdated, or unclear. These revisions 

were not adopted by the Council under 

Framework 9 but are being implemented 

consistent with section 305(d) of the 

MSA, which provides authority to the 

Secretary of Commerce to promulgate 

regulations necessary to ensure that 

amendments to an FMP are carried out 

in accordance with the FMP and the 

MSA. The revisions at 

§ 648.13(f)(1)(ii)(B), (f)(2), (f)(5), and 

(f)(6) clarify that vessels are not allowed 

to catch or transfer at sea more than 

40,000 lb (18,143.7 kg) of herring per 

trip or calendar day if the vessel is in, 

or the fish were harvested from, a 

management area subject to a 40,000-lb 

(18,143.7 kg) herring possession limit. 

The revisions at § 648.14(r)(1)(ii)(B) 

clarify that it is unlawful for any person 

to land or attempt to land more than the 

possession limits specified at 

§ 648.201(a) from a management area 

subject to a possession limit adjustment 

or fishery closure. The addition of 

paragraph § 648.14(r)(1)(iv)(F) clarifies 

that is it unlawful for any person to 

purchase, receive, possess, have custody 

of, sell, barter, trade or transfer more 

than 2,000 lb (907.2 kg) or 40,000 lb 

(18,143.7 kg) of herring, or attempt to do 

any of these things, from a management 

area subject to a herring possession limit 

pursuant to § 648.201(a). The revisions 

at § 648.14(r)(1)(vii)(A) clarify that 

vessels may not transit or be in a 

management area subject to a possession 

limit adjustment or fishery closure with 

more than the applicable herring 

possession limit, unless such herring 

were caught in an area not subject to the 

possession limit, all fishing gear is 

stowed and not available for immediate 

use, and the vessel is issued the 

appropriate herring permit. The revision 

at § 648.201(a)(1)(i) changes the 

paragraph heading from ‘‘Management 

area closure’’ to ‘‘Possession limit 

adjustments.’’ The revisions at 

§ 648.201(a)(1)(i)(A), (a)(2)(i)(B)(1), 

(a)(1)(i)(B)(2), (a)(1)(ii), (a)(2), and 

(a)(4)(ii) update possession limit 

adjustment language to be consistent 

with§ 648.201(a)(1)(i), and clarify that 

vessels may not fish for, possess, 

transfer, receive, land, or sell more than 

the applicable possession limits 

described in those paragraphs, or 

attempt to do any of these things. The 

revisions at § 648.201(b) and (c) correct 

typos by changing ‘‘less than’’ to 

‘‘greater than.’’ The revisions at 

§ 648.201(g)(1) update the language used 

in the carryover example to clarify the 

timing of when carryover is applied and 

how it is calculated. The final revision 

removes paragraph § 648.201(g)(2) 

because the carryover provisions 

contained within only applied to fishing 

years 2021 and 2022 and are therefore 

no longer necessary. The Council 

concurs with these revisions. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the Assistant 

Administrator has determined that this 

proposed action is consistent with the 

Atlantic Herring FMP, provisions of the 

MSA, and other applicable law, subject 

to further consideration after public 

comment. 

This proposed action has been 

preliminarily determined to be not 

significant for purposes of Executive 

Order (E.O.) 12866. 


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This proposed action does not contain 

policies with federalism or takings 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed action, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

More information on this determination 

is provided below. 

The Council conducted an evaluation 

of the potential socioeconomic impacts 

of the proposed measures in 

conjunction with an environmental 

assessment. This proposed action would 

affect all vessels with permits to fish in 

the herring fishery; therefore, the direct 

regulated entity is a firm that controls at 

least one herring permit. In 2020, there 

were 9 large and 1,213 small firms that 

met this criteria. A firm was included if 

it owned at least one category A, B, C, 

D, or E Herring Permit on July 1, 2021. 

The nine large firms earned a combined 

$189 million in fishing revenue (an 

average of about $21 million per large 

firm) over the trailing 3 years. About $2 

million of that revenue (an average of 

about $225,000 per large firm) was 

derived from herring. The 1,213 small 

entities earned a combined $655 million 

in fishing revenue (an average of about 

$540,000 per small firm). About $11 

million of that revenue (an average of 

about $9,000 per small firm) was 

derived from herring. 

Many of the direct regulated entities 

described above hold an open access 

category D herring permit and no other 

herring permit. Impacts of the proposed 

rule are likely to be largest for the 

participants holding at least one 

category A, B, C, or E herring permit. In 

2020, there were 6 large and 97 small 

firms that met this criteria. The six large 

entities earned a combined $129 million 

in fishing revenue (an average of about 

$21.5 million per large firm) over the 

trailing 3 years. About $2 million of that 

revenue (an average of about $333,000 

per large firm) was derived from 

herring. The 97 small entities earned a 

combined $131 million in fishing 

revenue (an average of about $1.4 

million per small firm). About $11 

million of that revenue (an average of 

about $111,000 per small firm) was 

derived from herring. 

Some of the firms described in the 

previous section are not active in the 

herring fishery, despite holding a 

category A, B, C, or E herring permit. 

For the purposes of this analysis, 

‘‘active’’ is defined as deriving any 

revenue from herring in 2020. The 

measures proposed in this action are 

likely have the largest impact on vessels 

that are active in the herring fishery. In 

2020, there were 2 large and 29 small 

entities that meet these criteria. The 29 

active small entities earned a combined 

$31.99 million in fishing revenue (an 

average of about $1.18 million per active 

small firm). About $10.65 million of that 

revenue (an average of about $394,000 

per active small firm) was derived from 

herring. Analyses indicate that, relative 

to the baseline, the economic impacts to 

both small and large firms resulting 

from the proposed measures are 

expected to be positive. Under the 

proposed rule, gross receipts are 

expected to increase by $26,000 for large 

firms (an average of about $2,900 per 

firm) and $134,000 for small firms (an 

average of about $110 per firm). Most of 

the additional revenue that is expected 

to result from the implementation of the 

proposed rule would accrue to small 

firms; however, the increase in gross 

receipts from fishing is quite small in 

magnitude. NMFS assumes that 

additional revenue would be distributed 

across firms in such a way that the gross 

receipts of the inactive firms would not 

increase. 

Because this action would either 

continue the use of the existing ABC 

control rule for specification-setting 

practices or allow for a slight increase 

in fishing opportunities and revenues, 

in combination with adjustments to AM 

catch threshold triggers, this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. Therefore, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

There are no new information 

collection requirements, including 

reporting or recordkeeping 

requirements, contained in this action. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: February 24, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.13, revise paragraphs 

(f)(1)(ii)(B), (f)(2)(ii), and (f)(5) and (6) to 

read as follows: 

§ 648.13 Transfers at sea. 

* * * * * 

(f) * * * 

(1) * * * 

(ii) * * * 

(B) Provided that the transfer of 

herring at sea to another vessel for 

personal use as bait does not exceed the 

possession limit specified for the 

transferring vessel in § 648.204, except 

that no more than 2,000 lb (907.2 kg) or 

40,000 lb (18,143.7 kg) of herring may 

be caught or transferred per trip or per 

calendar day if the vessel is in, or the 

fish were harvested from, a management 

area subject to a possession limit 

adjustment or fishery closure as 

specified in § 648.201. 

(2) * * * 

(ii) A vessel issued an Atlantic herring 

permit may transfer herring at sea to an 

Atlantic herring carrier up to the 

applicable possession limits specified in 

§ 648.204, provided it is issued a letter 

of authorization for the transfer of 

herring and that no more than 2,000 lb 

(907.2 kg) or 40,000 lb (18,143.7 kg) of 

herring may be caught or transferred at 

sea per trip or per calendar day if the 

vessel is in, or the fish were harvested 

from, an area subject to a possession 

limit adjustment or fishery closure as 

specified in § 648.201. 

* * * * * 

(5) Transfer to at-sea processors. A 

vessel issued an Atlantic herring permit 

may transfer herring to a vessel issued 

an at-sea processing permit specified in 

§ 648.6(a)(2)(ii), up to the applicable 

possession limit specified in § 648.204, 

except that no more than 2,000 lb (907.2 

kg) or 40,000 lb (18,143.7 kg) of herring 

may be caught or transferred at sea per 

trip or per calendar day if the vessel is 

in, or the fish were harvested from, a 

management area subject to a possession 

limit adjustment or fishery closure as 

specified in § 648.201. 

(6) Transfers between herring vessels. 

A vessel issued a valid Atlantic herring 

permit may transfer and receive herring 

at sea, provided such vessel has been 

issued a letter of authorization from the 

Regional Administrator to transfer or 

receive herring at sea. Such vessel may 

not transfer, receive, or possess at sea, 

or land per trip herring in excess of the 

applicable possession limits specified in 

§ 648.204, except that no more than 

2,000 lb (907.2 kg) or 40,000 lb (18,143.7 

kg) of herring may be caught, 

transferred, received, or possessed at 

sea, or landed per trip or per calendar 

day if the vessel is in, or the fish were 

harvested from, a management area 


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subject to a possession limit adjustment 

or fishery closure as specified in 

§ 648.201. 

* * * * * 

■ 3. In § 648.14: 

■ a. Revise paragraph (r)(1)(ii)(B); 

■ b. Add paragraph (r)(1)(iv)(F); and 

■ c. Revise paragraph (r)(1)(vii)(A). 

The revisions and addition read as 

follows: 

§ 648.14 Prohibitions. 

* * * * * 

(r) * * * 

(1) * * * 

(ii) * * * 

(B) Attempt or do any of the 

following: Fish for, possess, transfer, 

receive, land, or sell, more than the 

possession limits specified at 

§ 648.201(a) from a management area 

subject to a possession limit adjustment 

or fishery closure, or from a river 

herring and shad catch cap closure area 

that has been closed to specified gear 

pursuant to § 648.201(a)(4)(ii), if the 

vessel has been issued and holds a valid 

herring permit. 

* * * * * 

(iv) * * * 

(F) Purchase, receive, possess, have 

custody or control of, sell, barter, trade 

or transfer, or attempt to purchase, 

receive, possess, have custody or control 

of, sell, barter, trade or transfer, more 

than 2,000 lb (907.2 kg) or 40,000 lb 

(18,143.7 kg) of herring from a 

management area subject to a possession 

limit for Atlantic herring pursuant to 

§ 648.201(a). 

* * * * * 

(vii) * * * 

(A) Transit or be in an area subject to 

a possession limit adjustment or fishery 

closure pursuant to § 648.201(a) with 

more than 2,000 lb (907.2 kg) or 40,000 

lb (18,143.7 kg) of herring, unless such 

herring were caught in an area not 

subject to the 2,000 lb (907.2 kg) or 

40,000 lb (18,143.7 kg) limit specified in 

§ 648.201(a), all fishing gear is stowed 

and not available for immediate use as 

defined in § 648.2, and the vessel is 

issued a permit appropriate to the 

amount of herring on board and the area 

where the herring was harvested. 

* * * * * 

■ 4. In § 648.201: 

■ a. Revise the paragraphs (a)(1)(i) 

heading 

■ b. Revise paragraphs (a)(1)(i)(A), 

(a)(1)(i)(B)(1) and (2), (a)(1)(ii), and (a)(2) 

and (3); 

■ c. Revise paragraphs (a)(4)(ii), (b), (c), 

and (g)(1); and 

■ d. Remove and reserve paragraph 

(g)(2). 

The revisions read as follows: 

§ 648.201 AMs and harvest controls. 

(a) * * * 

(1) * * * 

(i) Possession Limit Adjustments—(A) 

Areas 1A and 1B Possession Limit 

Adjustment. If NMFS projects that catch 

from Area 1A or 1B will reach 92 

percent of the annual sub-ACL allocated 

to Area 1A or Area 1B, before the end 

of the fishing year, or 92 percent of the 

Area 1A sub-ACL allocated to the 

seasonal period as set forth in paragraph 

(d) of this section, beginning the date 

the catch is projected to reach 92 

percent of the sub-ACL, vessels may not 

attempt or do any of the following: Fish 

for, possess, transfer, receive, land, or 

sell more than 2,000 lb (907.2 kg) of 

Atlantic herring per trip in or from the 

applicable area, and from landing 

herring more than once per calendar 

day, except as provided in paragraphs 

(b) and (c) of this section. NMFS shall 

implement these restrictions in 

accordance with the APA. 

(B) * * * 

(1) Possession Limit Adjustment— 

Phase 1. If NMFS projects that catch 

from Area 2 or Area 3 will reach 90 

percent of the annual sub-ACL allocated 

to Area 2 or Area 3 before the end of the 

fishing year, beginning the date the 

catch is projected to reach 90 percent of 

the applicable sub-ACL, vessels may not 

attempt or do any of the following: Fish 

for, possess, transfer, receive, land, or 

sell more than 40,000 lb (18,143.7 kg) of 

Atlantic herring per trip in or from the 

applicable area, and from landing 

herring more than once per calendar 

day, except as provided in paragraphs 

(b) and (c) of this section. NMFS shall 

implement these restrictions in 

accordance with the APA. 

(2) Possession Limit Adjustment— 

Phase 2. If NMFS projects that catch 

will reach 98 percent of the annual subACL allocated to Area 2 or Area 3 before 

the end of the fishing year, beginning 

the date the catch is projected to reach 

98 percent of the sub-ACL, vessels may 

not attempt or do any of the following: 

Fish for, possess, transfer, receive, land, 

or sell more than 2,000 lb (907.2 kg) of 

Atlantic herring per trip in the 

applicable area, and from landing 

herring more than once per calendar 

day, except as provided in paragraphs 

(b) and (c) of this section. NMFS shall 

implement these restrictions in 

accordance with the APA. 

(ii) Herring fishery closure. If NMFS 

projects that catch will reach 95 percent 

of the ACL before the end of the fishing 

year, beginning the date the catch is 

projected to reach 95 percent of the 

ACL, vessels may not attempt or do any 

of the following: Fish for, possess, 

transfer, receive, land, or sell more than 

2,000 lb (907.2 kg) of Atlantic herring 

per trip in all herring management 

areas, and from landing herring more 

than once per calendar day, except as 

provided in paragraphs (b) and (c) of 

this section. NMFS shall implement 

these restrictions in accordance with the 

APA. 

(2) When the Regional Administrator 

has determined that the GOM and/or GB 

incidental catch cap for haddock in 

§ 648.90(a)(4)(iii)(D) has been caught, no 

vessel issued a Federal Atlantic herring 

permit and fishing with midwater trawl 

gear in the applicable Accountability 

Measure (AM) Area, i.e., the Herring 

GOM Haddock AM Area or Herring GB 

Haddock AM Area, as defined in 

§ 648.86(a)(3)(ii)(A)(2) and (3), may fish 

for, possess, transfer, receive, land, or 

sell herring in excess of 2,000 lb (907.2 

kg) per trip in or from the applicable 

AM Area, and from landing herring 

more than once per calendar day, unless 

all herring possessed and landed by a 

vessel were caught outside the 

applicable AM Area and the vessel’s 

gear is not available for immediate use 

as defined in § 648.2 while transiting 

the applicable AM Area. Upon this 

determination, the haddock possession 

limit is reduced to 0 lb (0 kg) in the 

applicable AM area for a vessel issued 

a Federal Atlantic herring permit and 

fishing with midwater trawl gear or for 

a vessel issued a Category A or B 

Herring Permit fishing on a declared 

herring trip, regardless of area fished or 

gear used, in the applicable AM area, 

unless the vessel also possesses a 

Northeast multispecies permit and is 

operating on a declared (consistent with 

§ 648.10(g)) Northeast multispecies trip. 

(3) ACL and sub-ACL overage 

deductions. (i) If NMFS determines that 

total catch exceeded an Atlantic herring 

sub-ACL by 10 percent or less and the 

ACL was not exceeded in a given fishing 

year, then NMFS shall not deduct any 

amount of the overage from the 

applicable sub-ACL or ACL in the 

fishing year following total catch 

determination. 

(ii) If NMFS determines that total 

catch exceeded an Atlantic herring subACL by greater than 10 percent and the 

ACL was not exceeded in a given fishing 

year, then NMFS shall subtract the 

amount of the overage above 10 percent 

from the ACL and applicable sub-ACL 

in the fishing year following total catch 

determination. For example, if catch 

exceeded the Area 1A sub-ACL by 15 

percent in Year 1 and the ACL was not 

exceeded, the amount equal to the 5 

percent overage would be deducted 

from the ACL and Area 1A sub-ACL in 

Year 3. 


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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Proposed Rules 11685 

(iii) If NMFS determines that total 

catch exceeded an Atlantic herring subACL by any amount and the ACL was 

also exceeded in a given fishing year, 

then NMFS shall subtract the full 

amount of the sub-ACL overage from the 

applicable sub-ACL, and the full 

amount of the ACL overage from the 

ACL, in the fishing year following total 

catch determination. For example, if 

catch exceeded the Area 1A sub-ACL by 

15 percent and the ACL by 5 percent in 

Year 1, the amount equal to the 15- 

percent overage would be deducted 

from the Area 1A sub-ACL and the 

amount equal to the 5-percent overage 

would be deducted from the ACL in 

Year 3. 

(iv) If NMFS determines that total 

catch exceeded the Atlantic herring ACL 

and no herring sub-ACLs were exceeded 

in a given fishing year, then NMFS shall 

subtract the full amount of the overage 

from the ACL in the fishing year 

following total catch determination. For 

example, if catch exceeded the herring 

ACL by 2 percent in Year 1, the amount 

equal to the 2-percent overage would be 

deducted from the ACL in Year 3, and 

no sub-ACLs would be reduced. 

(v) NMFS shall make overage 

determinations and implement any 

changes to ACLs or sub-ACLs, through 

notification in the Federal Register, and 

if possible, prior to the start of the 

fishing year during which the reduction 

would occur. 

(4) * * * 

(ii) Beginning on the date that NMFS 

projects that river herring and shad 

catch will reach 95 percent of a catch 

cap for specified gear applicable to an 

area specified in § 648.200(f)(7) for the 

remainder of the fishing year, vessels 

may not attempt or do any of the 

following: Fish for, possess, transfer, 

receive, land, or sell more than 2,000 lb 

(907.2 kg) of Atlantic herring per trip 

using the applicable gear in the 

applicable catch cap closure area, 

specified in § 648.200(f)(8), and from 

landing herring more than once per 

calendar day, except as provided in 

paragraphs (b) and (c) of this section. 

NMFS shall implement these 

restrictions in accordance with the APA. 

(b) A vessel may transit an area that 

is limited to the 2,000-lb (907.2-kg) limit 

or 40,000-lb (18,143.7-kg) limit specified 

in paragraph (a) of this section with 

greater than 2,000 lb (907.2 kg) or 

greater than 40,000 lb (18,143.7 kg) of 

herring on board, provided such herring 

were caught in an area or areas not 

subject to the 2,000-lb (907.2-kg) limit or 

40,000-lb (18,143.7-kg) limit specified in 

paragraph (a) of this section, and that all 

fishing gear is stowed and not available 

for immediate use as defined in § 648.2, 

and provided the vessel is issued a 

vessel permit appropriate to the amount 

of herring on board and the area where 

the herring was harvested. 

(c) A vessel may land an area that is 

limited to the 2,000-lb (907.2-kg) limit 

or 40,000-lb (18,143.7-kg) limit specified 

in paragraph (a) of this section with 

greater than 2,000 lb (907.2 kg) or 

greater than 40,000 lb (18,143.7 kg) of 

herring on board, provided such herring 

were caught in an area or areas not 

subject to the 2,000-lb (907.2-kg) limit or 

40,000-lb (18,143.7-kg) limit specified in 

paragraph (a) of this section, and that all 

fishing gear is stowed and not available 

for immediate use as defined in § 648.2, 

and provided the vessel is issued a 

vessel permit appropriate to the amount 

of herring on board and the area where 

the herring was harvested. 

* * * * * 

(g) * * * 

(1) Subject to the conditions described 

in this paragraph (g), unharvested catch 

in a herring management area in a 

fishing year (up to 10 percent of that 

area’s sub-ACL) shall be carried over 

and added to the sub-ACL for that 

herring management area for the fishing 

year following the year when total catch 

is determined. For example, NMFS will 

determine total catch from Year 1 

during Year 2, and will add carryover to 

the applicable sub-ACL(s) in Year 3. All 

such carryover shall be based on the 

herring management area’s initial subACL allocation for Year 1, not the subACL for Year 1 as increased by 

carryover or decreased by an overage 

deduction, as specified in paragraph 

(a)(3) of this section. All herring caught 

from a herring management area shall 

count against that area’s sub-ACL, as 

increased by carryover. For example, if 

100 mt of herring is added as carryover 

from Year 1 to a 5,000 mt sub-ACL in 

Year 3, catch in that management area 

would be tracked against a total subACL of 5,100 mt. NMFS shall add subACL carryover only if catch does not 

exceed the Year 1 ACL, specified 

consistent with § 648.200(b)(3). The 

ACL, consistent with § 648.200(b)(3), 

shall not be increased by carryover 

specified in this paragraph (g). 

* * * * * 

[FR Doc. 2022–04294 Filed 3–1–22; 8:45 am] 

BILLING CODE 3510–22–P 


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