Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to 2018 Atlantic Herring Management Area Sub-Annual Catch Limits, 42450-42452 [2018-18128]
Download as PDF
42450
Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180703607–8744–01]
RIN 0648–XG340
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to 2018 Atlantic Herring
Management Area Sub-Annual Catch
Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule
reduces the sub-annual catch limits for
the four Atlantic Herring Management
Areas (including Area 1A, 1B, 2, and 3).
This action is necessary to address
Atlantic herring population decline due
to poor recruitment into the population.
The reduction is intended to mitigate
herring population declines and lead to
more available herring biomass and
higher catch limits in 2019 and beyond.
DATES: This action is effective August
22, 2018 through December 31, 2018.
Comments must be received on or
before September 21, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0094, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180094, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside
of the envelope, ‘‘Comments on Atlantic
Herring 2018 ACL Adjustments.’’
Instructions: Comments sent by any
other method, to any other address or
individual, 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
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:01 Aug 21, 2018
Jkt 244001
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Daniel Luers, Fishery Management
Specialist, 978–282–8457.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the
Atlantic Herring Fishery Management
Plan (FMP) for herring appear at 50 CFR
part 648, subpart K. We implemented
2016–2018 herring specifications
(November 1, 2016; 81 FR 75731) in
November 2016 as recommended by the
Council. The specifications included
overfishing limits (OFLs) of 138,000 mt,
117,000 mt, and 111,000 mt for 2016,
2017, and 2018, respectively. The
resulting acceptable biological catch
(ABC) based on the New England
Fishery Management Council’s ABC
control rule was 111,000 mt in 2018, an
amount equal to the OFL and that had
no greater than a 50-percent probability
that overfishing would occur. This ABC
was consistent with the Council
Scientific and Statistical Committee’s
advice. The current ACL for the herring
fishery is 100,969 mt, and the sub-ACLs
for the four management areas are: Area
1A–31,789 mt; Area 1B–3,552 mt; Area
2–31,137 mt; and Area 3–43,763 mt.
In June of 2018, a new Northeast
Regional Stock Assessment Workshop
(SAW) and review by the Stock
Assessment Review Committee (SARC)
for Atlantic herring was completed. The
assessment concluded that although
Atlantic herring was not overfished and
overfishing was not occurring in 2017,
the stock is declining due to poor
recruitment of herring into the
population. The stock assessment
estimated that recruitment has been at
historic lows during the most recent 5
years (2013–2017). The final assessment
summary report is available on the
Northeast Fisheries Science Center
website (www.nefsc.noaa.gov/
publications/).
The assessment projects that poor
recruitment of Atlantic herring will
likely result in a substantial decline in
biomass, but that the biomass should
increase after reaching a low in 2019 if
recruitment returns to historic average
levels. The SAW/SARC estimated that if
the entire 2018 acceptable biological
catch (ABC) (111,000 mt) is harvested,
the 2019 overfishing limit (OFL) would
need to be reduced by nearly 90 percent,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
to 13,700 mt. The SAW/SARC also
estimated that if the 2018 catch is half
of the ABC (55,000 mt), the OFL in 2019
would need to be 28,900 mt.
The herring specification regulations
provide us with the authority to make
in-season adjustments to the
specifications and sub-ACLs to achieve
conservation and management
objectives after we have consulted with
the Council. Any adjustments must be
consistent with the Atlantic Herring
FMP objectives and other FMP
provisions. After receiving preliminary
SAW/SARC results, we consulted with
the Council on potential sub-ACL
adjustments during the Council’s June
2018 meeting.
At its June 2018 meeting, based on the
SAW/SARC preliminary stock
assessment projections, the Council
recommended capping the sub-ACLs for
herring Management Areas 1A, 1B, and
3 at 2017 catch levels, and to set the
Area 2 sub-ACL at 8,200 mt. The
Council recommended a slightly
different approach for Area 2 because
the 2017 harvest level had been
surpassed, and they wanted to allow for
a fall fishery for the bottom trawl fleet,
who have consistently relied upon fall
herring catch in that area. The Council
recommendation was intended to
provide some conservation benefits for
herring in 2018 and thereby mitigate the
impacts of estimated 2019 reductions on
the herring industry. After the June
Council meeting, additional catch
projections completed at the SARC
meeting indicated the Council’s
recommended level of catch has a 69percent chance of resulting in
overfishing in 2018. The Northeast
Fisheries Science Center subsequently
provided us with an additional
projection based on a 50-percent
probability of overfishing. This
projection resulted in catch equal to
49,900 mt.
To lessen the risk of overfishing
occurring in 2018, we are reducing the
2018 total allowable catch to 49,900 mt,
which is 3,775 mt less than the
Council’s recommended 53,655 mt. This
action only reduces the sub-ACLs for
the four herring management areas and
does not alter any other limits in the
2016–2018 specifications. We chose to
reduce the Council’s recommended
catch so that the new area sub-ACLs
provide at least a 50-percent probability
of preventing overfishing in 2018. We
set levels based on the newly projected
OFL for 2018 out of precaution to
prevent overfishing while allowing the
fishery to achieve optimum yield. As
explained below, projections based on
current catch rates show a low
probability that the fishery will catch
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
these amounts. However, Atlantic
herring catch is highly unpredictable,
and catch totals could quickly surpass
current sub-ACLs in spite of our
projections. The fishery still has an
opportunity to achieve these limits and
mitigate the economic hardship from
expected reductions in 2019–2021. This
42451
2018 reduction is projected to increase
the OFL to 30,700 mt in 2019, 38,900 mt
in 2020, and 59,800 mt in 2021.
TABLE 1—ADJUSTMENT OF SPECIFICATIONS FOR 2018 HERRING SUB-ACLS
2018 Original
(from specifications)
Area 1A Sub-ACL ..................................................................
Area 1B Sub-ACL ..................................................................
Area 2 Sub-ACL ....................................................................
Area 3 Sub-ACL ....................................................................
Total of Sub-ACLs .................................................................
2018 Council
recommendation
* 31,789
3,552
31,137
43,763
** 110,536
* 28,682
2,639
8,200
14,134
53,655
NMFS adjusted
final
27,743
2,639
8,200
11,318
49,900
amozie on DSK3GDR082PROD with RULES
* If New Brunswick weir fishery catch through October 1 is less than 4,000 mt, then 1,000 mt will be added to the ACL and Area 1A Sub-ACL.
** Total of the sum of the area sub-ACLs. Note that this is different from the stockwide ACL (100,969 mt) which is not increased by carrying
over underages.
We are relying on the SAW/SARC’s
report and the Northeast Fisheries
Science Center’s additional projection to
set reduced 2018 management area subACLs for the fishery. The SAW/SARC
used the most recent and best available
data to make projections for future
biomass. Although the estimates of
future biomass are projections, they
represent the best available scientific
data for NMFS to act upon to mitigate
both further biomass reductions and
adverse economic impacts to the herring
fishery. Based on this information, we
are setting sub-ACLs consistent with
projection probabilities that were used
to set OFLs for the 2016–2018
specifications.
The herring specification regulations
provide that the OFL must be equal to
catch resulting from applying the
maximum fishing mortality threshold to
a current or projected estimate of stock
size. When the stock is not overfished
and overfishing is not occurring, this is
usually the fishing rate supporting
maximum sustainable yield (FMSY).
Catch that exceeds this amount would
result in overfishing. The ABC may be
set equal to the OFL, or it may be set
lower than the OFL to account for
scientific uncertainty. The ACL may be
equal to or lower than the ABC after
considering management uncertainty.
The 2016–2018 specifications
included an ABC that was equal to the
OFL for 2018 and was based on a
projection showing there was no greater
than a 50 percent probability that
overfishing would occur at that level.
Further, the SSC determined there was
a near zero chance the stock would
become overfished at that level based on
the scientific information available to it
at the time. The sub-ACLs were slightly
reduced from the ABC to account for
management uncertainty in the New
Brunswick weir fishery.
We do not anticipate that the fishery
will catch the reduced limits for each of
VerDate Sep<11>2014
16:01 Aug 21, 2018
Jkt 244001
the four management areas. The herring
fishery caught 49,500 mt in 2017, and
catch rates to date in 2018 are
substantially below those for 2017. The
largest catch limit reduction in 2018
would occur in Area 3, where we would
reduce the sub-ACL by over 30,000 mt.
However, catch in Area 3 has dropped
sharply in the past 3 years. The fishery
caught 33.3k mt in 2015, 18.8k mt in
2016, and 14.1k mt in 2017. The 2018
catch through July 20 is only about 1.2k
mt. This is below the catch level
through July 20 for 2017, which was the
previous lowest catch level for that time
series. Similarly, the fishery has failed
to catch the Area 1B sub-ACL in two of
the previous three years, and the current
catch level is less than the lowest of
those years (2015), suggesting that it
may be difficult for the fishery to catch
this area’s sub-ACL. Additionally, the
vast majority of Area 2 is closed to the
midwater trawl fishery due to a river
herring/shad catch cap closure, which
greatly reduces the likelihood that any
more than a small portion of the
remaining sub-ACL would be harvested.
Finally, even if catch rates increase this
year and catch amounts approach the
new catch limits set in this action, we
are required to close the directed
fisheries once 92 percent of the sub-ACL
is projected to be caught. This would
allow us to constrain catch below the
limit that is expected to prevent
overfishing.
Classification
The NMFS Assistant Administrator
has determined that this interim final
rule is consistent with the Atlantic
Herring FMP, national standards and
other provisions of the MagnusonStevens Fishery Conservation and
Management Act, and other applicable
law.
This interim final rule is exempt from
the procedures of Executive Order (E.O.)
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
12866 because this action contains no
implementing regulations.
This interim final rule does not
introduce any new reporting,
recordkeeping, or other compliance
requirements.
This interim final rule does not
contain policies with Federalism or
‘‘takings’’ implications as those terms
are defined in E.O. 13132 and E.O.
12630, respectively.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
(AA) finds it is impracticable and
contrary to the public interest to provide
for prior notice and an opportunity for
public comment. Additionally, the AA
finds there is good cause under 5 U.S.C.
553(d)(1) and (3) to waive the 30-day
delay in effectiveness so that the
purpose of this rule is not undermined.
This action reduces the herring catch
limits to reduce the risk of overfishing
in 2018 with a goal of increasing herring
biomass and future fishery opportunity.
This rule must be in effect as soon as
practicable to realize these intended
benefits.
Before taking this action, we
consulted with the New England
Council at is June 2018 meeting, at
which the Council recommended that
we reduce the 2018 sub-ACLs for each
herring management area. This
consultation was scheduled after
preliminary results from the 2018 stock
assessment became available indicating
that herring biomass is likely to decline
substantially in 2019. At this meeting,
the Council discussed the preliminary
stock assessment results, measures
likely necessary in 2019, and took
public comment on its recommendation
to reduce the 2018 sub-ACLs. As a result
of these discussions and input from the
public, including the herring industry,
the Council recommended reducing
2018 catch to mitigate the economic
harm to the herring industry that is
E:\FR\FM\22AUR1.SGM
22AUR1
amozie on DSK3GDR082PROD with RULES
42452
Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations
anticipated from necessary reductions
in 2019.
A delay in implementing the new
catch limits will increase the likelihood
that 2018 catch will exceed these new
limits. The 2018 catch reductions in this
action are based on the new benchmark
assessment, which was just recently
completed in June 2018. Based on this
new scientific information, the
reductions in this action would result in
a 50-percent probability of preventing
overfishing in 2018. Exceeding the new
harvest limits would result in a lower
biomass and negative economic impacts
to the herring industry due to a lower
allowable catch in 2019 and beyond.
Because herring is a critical bait source
for the lobster fishery, these negative
economic impacts are also expected to
extend to the lobster fishery due to a
reduction in bait supply.
Additionally, we are required to
implement a 2,000-lb possession limit
for each management area through the
end of the current fishing year once 92
percent of the area sub-ACL is projected
to be caught. We are also required to
implement the 2,000-lb possession limit
for the whole fishery (all areas) when
95-percent of the total herring ACL is
harvested. If a delay in implementing
this action results in catch approaching,
or exceeding, the new 2018 catch limits,
the closure of the directed fishery is
more likely. An inseason closure of the
directed fishery would be counter to the
goals and objectives of this action,
which is intended to reduce 2018 catch,
but also continue to provide fishing
opportunities for the remainder of the
2018 fishing year.
Input from the public at the June 2018
Council meeting was nearly all
supportive of reducing 2018 catch
limits, and the fishing industry and the
public generally are expecting new
limits to be set as soon as practicable.
The lack of catch to date in 2018 has
tempered the industry’s expectations,
and they no longer anticipate reaching
even the reduced ACL. Herring industry
members were concerned about the
economic impact to the fishery in 2019
if we do not ensure reduced catch this
year. Representatives from fishing
advocacy and environmental groups
also supported reducing 2018 catch
limits, suggesting it could improve the
projected stock estimates and expedite
growth of the stock to previous high
levels. The Council recommended we
implement this action with the goal of
conserving herring biomass and
allowing for higher fishery catch limits
in the 2019–2021 specifications. We
expect the 2018 sub-ACL reductions to
increase the estimated herring biomass
VerDate Sep<11>2014
16:01 Aug 21, 2018
Jkt 244001
in 2019 and provide for more catch for
the fishery.
This interim final rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 17, 2018.
Chris Oliver,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2018–18128 Filed 8–21–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180104009–8201–01]
RIN 0648–BH49
Extension of Emergency Measures To
Address Overfishing of Atlantic
Shortfin Mako Shark
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
This rule extends the
measures in an emergency interim final
rule for the North Atlantic shortfin
mako shark fishery published on March
2, 2018. This extension is necessary to
maintain measures that address
overfishing of shortfin mako sharks
while long-term measures are developed
and to meet requirements of a
recommendation of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT). The rule is
expected to reduce fishing mortality to
address overfishing, consistent with
ICCAT Recommendation 17–08, by
continuing to reduce landings and
increase live releases in the recreational
and commercial HMS fisheries, but is
not expected to result in significant
economic impacts.
DATES: The end of the effective period
for the amendments to 50 CFR 635.20,
635.21, 635.24, and 635.71, as published
on March 2, 2018 (83 FR 8946), is
extended from August 29, 2018, to
March 3, 2019.
ADDRESSES: Copies of the
Environmental Assessment (EA) and
other supporting documents for the
emergency action are available from the
Highly Migratory Species (HMS)
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Management Division website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis at (978) 281–9273 or Guy
DuBeck or Lauren Latchford at (301)
427–8503.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 2018, NMFS
implemented an interim final rule using
emergency authority under the
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1855(c), to implement measures
in HMS recreational and commercial
fisheries to address overfishing
consistent with ICCAT
Recommendation 17–08 (83 FR 8946).
The interim final rule noted that the
measures may be extended for up to an
additional 186 days if needed while
longer-term measures were developed
through an FMP amendment. This
temporary rule extends the emergency
interim final measures for North
Atlantic shortfin mako sharks (Isurus
oxyrinchus) without change. The
interim final rule provided detailed
information on the background,
purpose, need, and justification for
implementing these emergency
management measures, and that
information is not repeated here.
Section 305(c) of the MagnusonStevens Act allows for the extension of
an emergency regulation or interim
measure, which is otherwise effective
for up to 180 days, for up to another 186
days, provided that the public has had
an opportunity to comment on the
emergency regulation. NMFS accepted
public comment on the initial
emergency measures in the interim final
rule through May 7, 2018; comments
and responses are summarized below.
This extension does not alter the
emergency measures already in place.
NMFS is not accepting additional public
comment on this extension.
NMFS has determined that all the
necessary criteria for extending the
emergency measures have been met and,
therefore, NMFS is extending these
emergency measures through March 3,
2019. NMFS has proposed long-term
management measures for the North
Atlantic shortfin mako shark stock
through Draft Amendment 11 to the
2006 Consolidated HMS Fishery
Management Plan (FMP), 83 FR 35590
(July 27, 2018), which are expected to
replace these emergency measures
before the expiration date.
E:\FR\FM\22AUR1.SGM
22AUR1
Agencies
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42450-42452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18128]
[[Page 42450]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180703607-8744-01]
RIN 0648-XG340
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Atlantic Herring Fishery; Adjustment to 2018 Atlantic
Herring Management Area Sub-Annual Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule reduces the sub-annual catch limits
for the four Atlantic Herring Management Areas (including Area 1A, 1B,
2, and 3). This action is necessary to address Atlantic herring
population decline due to poor recruitment into the population. The
reduction is intended to mitigate herring population declines and lead
to more available herring biomass and higher catch limits in 2019 and
beyond.
DATES: This action is effective August 22, 2018 through December 31,
2018. Comments must be received on or before September 21, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0094, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0094, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on Atlantic Herring 2018 ACL
Adjustments.''
Instructions: Comments sent by any other method, to any other
address or individual, 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. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management
Specialist, 978-282-8457.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) for herring appear at 50 CFR part 648, subpart K. We
implemented 2016-2018 herring specifications (November 1, 2016; 81 FR
75731) in November 2016 as recommended by the Council. The
specifications included overfishing limits (OFLs) of 138,000 mt,
117,000 mt, and 111,000 mt for 2016, 2017, and 2018, respectively. The
resulting acceptable biological catch (ABC) based on the New England
Fishery Management Council's ABC control rule was 111,000 mt in 2018,
an amount equal to the OFL and that had no greater than a 50-percent
probability that overfishing would occur. This ABC was consistent with
the Council Scientific and Statistical Committee's advice. The current
ACL for the herring fishery is 100,969 mt, and the sub-ACLs for the
four management areas are: Area 1A-31,789 mt; Area 1B-3,552 mt; Area 2-
31,137 mt; and Area 3-43,763 mt.
In June of 2018, a new Northeast Regional Stock Assessment Workshop
(SAW) and review by the Stock Assessment Review Committee (SARC) for
Atlantic herring was completed. The assessment concluded that although
Atlantic herring was not overfished and overfishing was not occurring
in 2017, the stock is declining due to poor recruitment of herring into
the population. The stock assessment estimated that recruitment has
been at historic lows during the most recent 5 years (2013-2017). The
final assessment summary report is available on the Northeast Fisheries
Science Center website (www.nefsc.noaa.gov/publications/).
The assessment projects that poor recruitment of Atlantic herring
will likely result in a substantial decline in biomass, but that the
biomass should increase after reaching a low in 2019 if recruitment
returns to historic average levels. The SAW/SARC estimated that if the
entire 2018 acceptable biological catch (ABC) (111,000 mt) is
harvested, the 2019 overfishing limit (OFL) would need to be reduced by
nearly 90 percent, to 13,700 mt. The SAW/SARC also estimated that if
the 2018 catch is half of the ABC (55,000 mt), the OFL in 2019 would
need to be 28,900 mt.
The herring specification regulations provide us with the authority
to make in-season adjustments to the specifications and sub-ACLs to
achieve conservation and management objectives after we have consulted
with the Council. Any adjustments must be consistent with the Atlantic
Herring FMP objectives and other FMP provisions. After receiving
preliminary SAW/SARC results, we consulted with the Council on
potential sub-ACL adjustments during the Council's June 2018 meeting.
At its June 2018 meeting, based on the SAW/SARC preliminary stock
assessment projections, the Council recommended capping the sub-ACLs
for herring Management Areas 1A, 1B, and 3 at 2017 catch levels, and to
set the Area 2 sub-ACL at 8,200 mt. The Council recommended a slightly
different approach for Area 2 because the 2017 harvest level had been
surpassed, and they wanted to allow for a fall fishery for the bottom
trawl fleet, who have consistently relied upon fall herring catch in
that area. The Council recommendation was intended to provide some
conservation benefits for herring in 2018 and thereby mitigate the
impacts of estimated 2019 reductions on the herring industry. After the
June Council meeting, additional catch projections completed at the
SARC meeting indicated the Council's recommended level of catch has a
69-percent chance of resulting in overfishing in 2018. The Northeast
Fisheries Science Center subsequently provided us with an additional
projection based on a 50-percent probability of overfishing. This
projection resulted in catch equal to 49,900 mt.
To lessen the risk of overfishing occurring in 2018, we are
reducing the 2018 total allowable catch to 49,900 mt, which is 3,775 mt
less than the Council's recommended 53,655 mt. This action only reduces
the sub-ACLs for the four herring management areas and does not alter
any other limits in the 2016-2018 specifications. We chose to reduce
the Council's recommended catch so that the new area sub-ACLs provide
at least a 50-percent probability of preventing overfishing in 2018. We
set levels based on the newly projected OFL for 2018 out of precaution
to prevent overfishing while allowing the fishery to achieve optimum
yield. As explained below, projections based on current catch rates
show a low probability that the fishery will catch
[[Page 42451]]
these amounts. However, Atlantic herring catch is highly unpredictable,
and catch totals could quickly surpass current sub-ACLs in spite of our
projections. The fishery still has an opportunity to achieve these
limits and mitigate the economic hardship from expected reductions in
2019-2021. This 2018 reduction is projected to increase the OFL to
30,700 mt in 2019, 38,900 mt in 2020, and 59,800 mt in 2021.
Table 1--Adjustment of Specifications for 2018 Herring Sub-ACLs
----------------------------------------------------------------------------------------------------------------
2018 Original (from 2018 Council
specifications) recommendation NMFS adjusted final
----------------------------------------------------------------------------------------------------------------
Area 1A Sub-ACL................... * 31,789 * 28,682 27,743
Area 1B Sub-ACL................... 3,552 2,639 2,639
Area 2 Sub-ACL.................... 31,137 8,200 8,200
Area 3 Sub-ACL.................... 43,763 14,134 11,318
Total of Sub-ACLs................. ** 110,536 53,655 49,900
----------------------------------------------------------------------------------------------------------------
* If New Brunswick weir fishery catch through October 1 is less than 4,000 mt, then 1,000 mt will be added to
the ACL and Area 1A Sub-ACL.
** Total of the sum of the area sub-ACLs. Note that this is different from the stockwide ACL (100,969 mt) which
is not increased by carrying over underages.
We are relying on the SAW/SARC's report and the Northeast Fisheries
Science Center's additional projection to set reduced 2018 management
area sub-ACLs for the fishery. The SAW/SARC used the most recent and
best available data to make projections for future biomass. Although
the estimates of future biomass are projections, they represent the
best available scientific data for NMFS to act upon to mitigate both
further biomass reductions and adverse economic impacts to the herring
fishery. Based on this information, we are setting sub-ACLs consistent
with projection probabilities that were used to set OFLs for the 2016-
2018 specifications.
The herring specification regulations provide that the OFL must be
equal to catch resulting from applying the maximum fishing mortality
threshold to a current or projected estimate of stock size. When the
stock is not overfished and overfishing is not occurring, this is
usually the fishing rate supporting maximum sustainable yield
(FMSY). Catch that exceeds this amount would result in
overfishing. The ABC may be set equal to the OFL, or it may be set
lower than the OFL to account for scientific uncertainty. The ACL may
be equal to or lower than the ABC after considering management
uncertainty.
The 2016-2018 specifications included an ABC that was equal to the
OFL for 2018 and was based on a projection showing there was no greater
than a 50 percent probability that overfishing would occur at that
level. Further, the SSC determined there was a near zero chance the
stock would become overfished at that level based on the scientific
information available to it at the time. The sub-ACLs were slightly
reduced from the ABC to account for management uncertainty in the New
Brunswick weir fishery.
We do not anticipate that the fishery will catch the reduced limits
for each of the four management areas. The herring fishery caught
49,500 mt in 2017, and catch rates to date in 2018 are substantially
below those for 2017. The largest catch limit reduction in 2018 would
occur in Area 3, where we would reduce the sub-ACL by over 30,000 mt.
However, catch in Area 3 has dropped sharply in the past 3 years. The
fishery caught 33.3k mt in 2015, 18.8k mt in 2016, and 14.1k mt in
2017. The 2018 catch through July 20 is only about 1.2k mt. This is
below the catch level through July 20 for 2017, which was the previous
lowest catch level for that time series. Similarly, the fishery has
failed to catch the Area 1B sub-ACL in two of the previous three years,
and the current catch level is less than the lowest of those years
(2015), suggesting that it may be difficult for the fishery to catch
this area's sub-ACL. Additionally, the vast majority of Area 2 is
closed to the midwater trawl fishery due to a river herring/shad catch
cap closure, which greatly reduces the likelihood that any more than a
small portion of the remaining sub-ACL would be harvested. Finally,
even if catch rates increase this year and catch amounts approach the
new catch limits set in this action, we are required to close the
directed fisheries once 92 percent of the sub-ACL is projected to be
caught. This would allow us to constrain catch below the limit that is
expected to prevent overfishing.
Classification
The NMFS Assistant Administrator has determined that this interim
final rule is consistent with the Atlantic Herring FMP, national
standards and other provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable law.
This interim final rule is exempt from the procedures of Executive
Order (E.O.) 12866 because this action contains no implementing
regulations.
This interim final rule does not introduce any new reporting,
recordkeeping, or other compliance requirements.
This interim final rule does not contain policies with Federalism
or ``takings'' implications as those terms are defined in E.O. 13132
and E.O. 12630, respectively.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries (AA) finds it is impracticable and contrary to the public
interest to provide for prior notice and an opportunity for public
comment. Additionally, the AA finds there is good cause under 5 U.S.C.
553(d)(1) and (3) to waive the 30-day delay in effectiveness so that
the purpose of this rule is not undermined. This action reduces the
herring catch limits to reduce the risk of overfishing in 2018 with a
goal of increasing herring biomass and future fishery opportunity. This
rule must be in effect as soon as practicable to realize these intended
benefits.
Before taking this action, we consulted with the New England
Council at is June 2018 meeting, at which the Council recommended that
we reduce the 2018 sub-ACLs for each herring management area. This
consultation was scheduled after preliminary results from the 2018
stock assessment became available indicating that herring biomass is
likely to decline substantially in 2019. At this meeting, the Council
discussed the preliminary stock assessment results, measures likely
necessary in 2019, and took public comment on its recommendation to
reduce the 2018 sub-ACLs. As a result of these discussions and input
from the public, including the herring industry, the Council
recommended reducing 2018 catch to mitigate the economic harm to the
herring industry that is
[[Page 42452]]
anticipated from necessary reductions in 2019.
A delay in implementing the new catch limits will increase the
likelihood that 2018 catch will exceed these new limits. The 2018 catch
reductions in this action are based on the new benchmark assessment,
which was just recently completed in June 2018. Based on this new
scientific information, the reductions in this action would result in a
50-percent probability of preventing overfishing in 2018. Exceeding the
new harvest limits would result in a lower biomass and negative
economic impacts to the herring industry due to a lower allowable catch
in 2019 and beyond. Because herring is a critical bait source for the
lobster fishery, these negative economic impacts are also expected to
extend to the lobster fishery due to a reduction in bait supply.
Additionally, we are required to implement a 2,000-lb possession
limit for each management area through the end of the current fishing
year once 92 percent of the area sub-ACL is projected to be caught. We
are also required to implement the 2,000-lb possession limit for the
whole fishery (all areas) when 95-percent of the total herring ACL is
harvested. If a delay in implementing this action results in catch
approaching, or exceeding, the new 2018 catch limits, the closure of
the directed fishery is more likely. An inseason closure of the
directed fishery would be counter to the goals and objectives of this
action, which is intended to reduce 2018 catch, but also continue to
provide fishing opportunities for the remainder of the 2018 fishing
year.
Input from the public at the June 2018 Council meeting was nearly
all supportive of reducing 2018 catch limits, and the fishing industry
and the public generally are expecting new limits to be set as soon as
practicable. The lack of catch to date in 2018 has tempered the
industry's expectations, and they no longer anticipate reaching even
the reduced ACL. Herring industry members were concerned about the
economic impact to the fishery in 2019 if we do not ensure reduced
catch this year. Representatives from fishing advocacy and
environmental groups also supported reducing 2018 catch limits,
suggesting it could improve the projected stock estimates and expedite
growth of the stock to previous high levels. The Council recommended we
implement this action with the goal of conserving herring biomass and
allowing for higher fishery catch limits in the 2019-2021
specifications. We expect the 2018 sub-ACL reductions to increase the
estimated herring biomass in 2019 and provide for more catch for the
fishery.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is issued without
opportunity for prior notice and opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 17, 2018.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-18128 Filed 8-21-18; 8:45 am]
BILLING CODE 3510-22-P