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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103695-103698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30083]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 241212-0326]
RIN 0648-XE368

Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Fisheries of the Northeastern United States; Atlantic 
Herring Fishery; Adjustment to 2025 Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: This interim final rule makes an in-season adjustment to the 
2025 Atlantic herring specifications and sub-annual catch limits for 
the four Atlantic herring management areas (including Area 1A, 1B, 2, 
and 3). This action is necessary to respond to updated scientific 
information from a 2024 herring management track stock assessment and 
achieve the goals and objectives of the Atlantic Herring Fishery 
Management Plan. This action reduces current 2025 catch limits to 
lessen the risk overfishing and help rebuild the stock.

DATES: Effective December 19, 2024, through December 31, 2025.

ADDRESSES: Copies of supporting documents, including the 2023-2025 
Atlantic Herring Specifications, are available from the Sustainable 
Fisheries Division, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315, 
or online at: https://www.nefmc.org/management-plans/herring and 
https://www.fisheries.noaa.gov/species/atlantic-herring#management.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, 978-281-9272.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing the Atlantic Herring Fishery Management 
Plan (FMP) appear at 50 CFR part 648, subpart K. NMFS implemented the 
2025 specifications in the 2023-2025 specifications for the Atlantic 
herring fishery (88 FR 17397; March 23, 2023). The specifications set 
an overfishing limit (OFL), acceptable biological catch (ABC), annual 
catch limit (ACL), and sub-ACLs for 2023-2025 for each of the four 
management areas in the herring fishery, subject to future review and 
any necessary adjustments. FMP regulations Sec.  648.200(e) state that 
NMFS may make in-season adjustments to the herring specifications and 
sub-ACLs to achieve conservation and management objectives, after 
consulting with the New England Fishery Management Council, during the 
fishing year in accordance with the Administrative Procedure Act and 
consistent with FMP objectives and provisions.
    Amendment 8 to the FMP (86 FR 1810; January 11, 2021) implemented 
an ABC control rule for the herring fishery. The ABC control rule is a 
formulaic approach for setting a harvest limit and is designed to 
balance the goals and objectives of the FMP, including managing the 
fishery at long-term sustainable levels and accounting for herring's 
role as forage in the ecosystem. The ABC control rule states that when 
biomass is at or above 50 percent of the biomass associated with 
maximum sustainable yield (BMSY) or its proxy, ABC is the 
catch associated with a maximum fishing mortality (F) of 80 percent of 
FMSY or its proxy. When biomass falls below 50 percent of 
BMSY or its proxy, the allowable F declines linearly to zero 
at 10 percent of BMSY or its proxy.
    On October 2, 2020, NMFS determined the Atlantic herring stock was 
overfished, but overfishing was not occurring. Framework 9 to the FMP 
(87 FR 42962; July 19, 2022) established a 5-year rebuilding plan for 
herring with an F consistent with the ABC control rule implemented in 
Amendment 8. The rebuilding plan was expected to rebuild the stock by 
2026, however, the duration of the rebuilding period was extended from 
5 years (2026) to 7 years

[[Page 103696]]

(2028) with implementation of the 2023-2025 herring specifications.
    A 2024 herring management track stock assessment (2024 stock 
assessment) was completed in June 2024. According to the results of the 
2024 stock assessment, the stock continues to be overfished with 
overfishing not occurring. Retrospective pattern adjustments were 
necessary because the model overestimated biomass and underestimated 
mortality. The adjusted spawning stock biomass was estimated to be 26 
percent (47,955 metric tons (mt)) of BMSY and the adjusted F 
was estimated to be 58 percent (0.263) of the overfishing threshold 
(FMSY equals 0.45). The 2024 stock assessment was unable to 
explain a cause for the stock's historic and continued low recruitment 
and projected that poor recruitment of herring will likely result in a 
substantial decline in biomass.
    On July 31, 2024, the Council's Science and Statistical Committee 
(SSC) reviewed the 2024 stock assessment and recommended harvest limits 
for 2025-2027. The SSC recommended using the ABC control rule for the 
OFL and ABC recommendations for 2025-2027, while noting concern for the 
continued low recruitment and low spawning stock biomass.
    At its September 2024 meeting, the Council reviewed the 2024 stock 
assessment and recommended new specifications for 2025-2027. The 
Council's recommendations are consistent with the ABC control rule and 
the SSC's recommendations, with the following exception. Catch 
projections from the 2024 stock assessment allow for harvest limit 
increases in 2026 and 2027, compared to 2025. However, the Council 
recommended holding 2026 harvest limits constant for 2027, instead of 
allowing for projected limit increases. This precautionary measure is 
intended to lessen the risk of overfishing and support stock 
rebuilding, while recognizing that 2027 specifications will likely be 
revised following the 2025 herring research track stock assessment.
    NMFS intends to implement the 2025-2027 specifications via proposed 
and final rulemaking as soon as possible, but the 2025-2027 
specifications would not be effective in time for the start of the 
fishing year on January 1, 2025. Catch projections from the 2024 
assessment indicate the need for an almost 90-percent reduction from 
the current 2025 ACL (23,961 mt) to the new, reduced 2025 ACL (2,710 
mt). Implementing the reduced 2025 specifications after the start of 
the fishing year on January 1, 2025, raises a significant risk that 
catch may exceed the reduced catch limits. Therefore, to ensure the 
reduced 2025 specifications are in place at the start of the fishing 
year on January 1, the Council requested that NMFS use an in-season 
adjustment to reduce the current 2025 specifications and sub-ACLs as 
soon as possible, and NMFS concurs.
    The FMP regulations at Sec.  648.201(g) specify that 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. Preliminary data suggest that 2023 
catch levels were substantially lower than allowed in herring 
management areas 1B and 2. Thus, a percentage of catch underages from 
2023 is eligible for carryover to 2025: approximately 54 mt from Area 
1B and 346 mt from Area 2. Given the substantial catch reduction needed 
for 2025 to support the FMP's conservation and management objectives, 
the Council requested that NMFS use its in-season adjustment authority 
to nullify any carryover in 2025. NMFS agrees that nullifying any 
carryover is necessary to lessen the risk of overfishing and to help 
rebuild the stock. The potential long-term negative effects on the 
herring stock associated with an increased risk of overfishing and 
delayed rebuilding outweigh the short-term economic benefits associated 
with harvesting the available carryover.
    Therefore, this interim final rule adjusts the 2025 specifications 
and sub-ACLs consistent with the FMP's goals to lessen the risk of 
overfishing and help rebuild the stock. The current and reduced 2025 
specifications are shown in the table below.

Measures Implemented in This Action

    This action reduces 2025 specifications and sub-ACLs consistent 
with the FMP's goals to lessen the risk of overfishing and help rebuild 
the stock. The complete 2025-2027 specifications would be implemented 
via proposed and final rulemaking as soon as possible following the in-
season adjustment. The current and new, reduced 2025 specifications are 
shown in table 1 below.

         Table 1--In-Season Adjusted 2025 Herring Specifications
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                                           Current 2025
             Specifications                    (mt)        New 2025 (mt)
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Overfishing Limit.......................          40,727          18,273
Acceptable Biological Catch.............          28,181           6,741
Management Uncertainty Buffer...........           4,220           4,031
Optimal Yield/Annual Catch Limit........          23,961           2,710
Domestic Annual Harvest.................          23,961           2,710
Border Transfer.........................               0               0
Domestic Annual Processing..............          23,961           2,710
US At-Sea Processing....................               0               0
Area 1A Sub-ACL (28.9%).................           6,925             783
Area 1B Sub-ACL (4.3%)..................           1,030             117
Area 2 (27.8%)..........................           6,661             753
Area 3 (39%)............................           9,345           1,057
Fixed Gear Set-Aside....................              30              30
Research Set-Aside......................              0%              0%
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* If New Brunswick weir landings are less than 2,722 mt through October
  1, then 1,000 mt will be subtracted from the management uncertainty
  buffer and reallocated to the Area 1A sub-ACL and the ACL.

[[Page 103697]]

OFL

    OFL is equal to catch resulting from applying FMSY to a 
current estimate of stock size. This action decreases the 2025 OFL by 
55 percent relative to the current 2025 OFL. The difference between the 
current and reduced OFLs is due to data updates during the 2024 
assessment. FMSY is lower in the 2024 assessment than it was 
in the previous 2022 assessment (0.45 and 0.50, respectively) and 
projected biomass is much lower in the 2024 assessment than it was in 
the 2022 assessment (47,955 mt and 79,231 mt, respectively).

ABC

    ABC must be less than or equal to the OFL. This action reduces the 
current 2025 ABC by 76 percent. The difference between the current and 
reduced ABCs are due to data updates contained and discussed in the 
2024 assessment. Under the ABC control rule, the target F that defines 
the ABC depends on the ratio of biomass to BMSY. The smaller 
the ratio, the smaller the target F and ABC. Biomass is lower in the 
2024 assessment than it was in the 2022 assessment, causing the ratio 
of biomass to BMSY to decrease relative to the 2022 
assessment, resulting in a lower target F and ABC.

Management Uncertainty

    The ACL is reduced from the ABC to account for management 
uncertainty. The Atlantic Herring FMP states that sources of management 
uncertainty can include, but are not limited to, uncertainty 
surrounding catch in the New Brunswick weir fishery and herring discard 
estimates in Federal and State waters. Currently, the only source of 
management uncertainty that is applied to the 2025 ABC is catch in the 
New Brunswick weir fishery. Since Framework Adjustment 6 to the 
Atlantic Herring FMP was implemented in 2020 (85 FR 26874; May 6, 
2020), management uncertainty has been calculated as the average annual 
landings in the New Brunswick weir fishery over the most recent 10-year 
period. Landings in the weir fishery are highly variable, fluctuating 
with herring availability and fishing effort. Using landings data from 
a 10-year period captures this variability. This action maintains the 
same approach for calculating management uncertainty. The resulting 
management uncertainty buffer (4,031 mt) is based on New Brunswick weir 
fishery landings during 2014-2023.

Other Specifications Components

    The Council recommended maintaining the remainder of the 2025 
herring specifications at current levels or using existing methodology 
to calculate them, as described in Table 1, and NMFS agrees with this 
approach.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. Pursuant to section 305(d), this action is 
necessary to carry out the Atlantic Herring FMP and its regulations at 
Sec.  648.200(e). Consistent with the FMP and regulations, in this 
action NMFS reduces the 2025 herring specifications to achieve 
conservation and management objectives, after consulting with the 
Council at its September 2024 meeting. The NMFS Assistant Administrator 
(AA) has determined that this rule is consistent with Atlantic Herring 
FMP, National Standards and other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    This interim final rule is exempt from the procedures of the 
Regulatory Flexibility Act because the rule is not required to be 
issued with opportunity for prior notice and opportunity for public 
comment.
    This interim final rule is exempt from the procedures of Executive 
Order (E.O.) 12866.
    NMFS has determined that this action would not have a substantial 
direct effect on one or more Indian Tribes, on the relationship between 
the Federal Government and Indian Tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
Tribes; therefore, consultation with Tribal officials under E.O. 13175 
is not required, and the requirements of sections (5)(b) and (5)(c) of 
E.O. 13175 also do not apply. A Tribal summary impact statement under 
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not 
required and has not been prepared.
    This interim final rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.
    The AA finds good cause under 5 U.S.C. 553(b)(B) that prior notice 
and the opportunity for public comment on this interim final rule would 
be impracticable and contrary to the public interest because this 
action to make an in-season adjustment to reduce the 2025 Atlantic 
herring specifications would lessen the risk of overfishing and help 
rebuild the stock, consistent with the Magnuson-Stevens Act, and the 
Atlantic Herring FMP, including the rebuilding plan.
    Data in the 2024 assessment, which was completed in June, showed 
that the stock continues to be overfished with overfishing not 
occurring. At its September 2024 meeting, the Council reviewed the 2024 
stock assessment and recommended new specifications for 2025-2027. 
Catch projections in the 2024 assessment indicate the need for an 
almost 90-percent reduction in the current 2025 ACL (23,961 mt) to the 
adjusted 2025 ACL (2,710 mt), as reduced in this in-season adjustment. 
NMFS intends to implement the 2025-2027 specifications in proposed and 
final rules via the notice and comment rulemaking process as soon as 
possible, but the 2025-2027 specifications would not be effective in 
time for the start of the fishing year on January 1, 2025. However, 
implementing the adjusted 2025 specifications after the start of the 
fishing year on January 1, 2025, would raise a significant risk that 
catch occurring before implementation may exceed the adjusted 2025 
catch limits.
    The Atlantic Herring FMP regulations at Sec.  648.200(e) specify 
that NMFS may adjust the herring specifications and sub-ACLs to achieve 
conservation and management objectives, after consulting with the 
Council, in accordance with the Administrative Procedure Act and 
consistent with FMP objectives and provisions. To ensure adjusted 
(reduced) 2025 harvest specifications are in place at the start of the 
fishing year on January 1, 2025, thus lessening the risk of overfishing 
and helping rebuild the stock, the Council requested NMFS to use an in-
season adjustment to reduce the 2025 specifications and sub-ACLs as 
soon as possible, and NMFS concurs. Public testimony at the September 
Council meeting largely reflected the understanding that this 2025 in-
season adjustment is necessary to lessen the risk of overfishing and 
help rebuild the stock. A delay in implementing adjusted (reduced) 2025 
specifications would increase the risk that 2025 catch levels would 
exceed the adjusted (reduced) limits, potentially resulting in 
overfishing and negatively affecting stock rebuilding.
    For these same reasons, the AA also finds good cause under 5 U.S.C. 
553(d) (3) to waive the 30-day delay in the date of effectiveness for 
this interim final rule. Waiving the delay in the date of effectiveness 
for this in-season action to adjust (reduce) the 2025 catch limits 
would allow the adjusted catch limits to go in effect at the start of 
the fishing year, whereas delaying the effective date could undermine 
this action's intended conservation benefits of lessening the risk of 
overfishing and helping rebuild the stock.

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

[[Page 103698]]

    Dated: December 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-30083 Filed 12-18-24; 8:45 am]
BILLING CODE 3510-22-P
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