Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Framework Adjustment 6 and the 2019-2021 Atlantic Herring Fishery Specifications, 4932-4943 [2020-01078]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Proposed Rules]
[Pages 4932-4943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01078]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200115-0019]
RIN 0648-BJ13


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Atlantic Herring Fishery; Framework Adjustment 6 and the 
2019-2021 Atlantic Herring Fishery Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We are proposing regulations to implement Framework Adjustment 
6 to the Atlantic Herring Fishery Management Plan, including the 2019-
2021 fishery specifications and management measures, as recommended by 
the New England Fishery Management Council. In addition, Framework 6 
would update the overfished and overfishing definitions for the herring 
fishery and suspend the carryover of unharvested catch for 2020-2021. 
The specifications and management measures are intended to meet 
conservation objectives while providing sustainable levels of access to 
the fishery. We are also proposing updating and clarifying specific 
herring regulations.

DATES: Public comments must be received by February 12, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0144, 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-2019-0144, 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 Framework 6.''
    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 us. All comments received are a part of the 
public record

[[Page 4933]]

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 this action, including the Environmental Assessment and 
the Regulatory Impact Review/Initial Regulatory Flexibility Analysis 
(EA/RIR/IRFA) prepared in support of this action, are available at: 
https://s3.amazonaws.com/nefmc.org/Herring-FW6-DRAFT-final-submission.pdf, or 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.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION: 

Background

    Regulations implementing the Atlantic Herring Fishery Management 
Plan (FMP) for herring are located at 50 CFR part 648, subpart K. 
Regulations at Sec.  648.200 require the Council to recommend herring 
specifications for NMFS' review and proposal in the Federal Register, 
including: The overfishing limit (OFL); acceptable biological catch 
(ABC); annual catch limit (ACL); optimum yield (OY); domestic annual 
harvest; domestic annual processing; U.S. at-sea processing; border 
transfer; the sub-ACL for each management area, including seasonal 
periods as specified at Sec.  648.201(d) and modifications to sub-ACLs 
as specified at Sec.  648.201(f); and research set-aside (RSA) (up to 3 
percent of the sub-ACL from any management area) for up to 3 years. 
These regulations also allow the Council to recommend river herring and 
shad catch caps as part of the specifications.
    Under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA), NMFS is required to publish proposed rules for comment after 
preliminarily determining whether they are consistent with applicable 
law. The MSA permits NMFS to approve, partially approve, or disapprove 
framework adjustment measures proposed by the Council based only on 
whether the measures are consistent with the fishery management plan, 
plan amendment, the MSA and its National Standards, and other 
applicable law. Otherwise, NMFS must defer to the Council's policy 
choices. Under the regulations guiding the herring specifications 
process, NMFS must review the Council's recommended specifications and 
publish notice proposing specifications, clearly noting the reasons for 
any differences from the Council's recommendations. NMFS is proposing 
and seeking comment on measures to implement Framework 6 as well as 
specifications and river herring/shad catch caps for the herring 
fishery, consistent with the Council's recommendations.
    The Northeast Fisheries Science Center has updated its schedule for 
stock assessments, and will now hold herring assessments every 2 years, 
with the next scheduled for June 2020. Accordingly, the Council and 
NMFS now plan to develop specifications every two years for the 
upcoming three-year cycle. For example, the Council and NMFS will 
develop herring specifications in the summer/fall of 2020 for the 2021-
2023 fishing years.
    In June 2018, a new stock assessment for herring was completed. The 
assessment concluded that although herring were not overfished and 
overfishing was not occurring in 2017, poor recruitment would likely 
result in a substantial decline in herring biomass over the next 
several years. The stock assessment estimated that recruitment was at 
historic lows during the most recent five years (2013-2017), but 
projected that biomass could increase after reaching a low in 2019 if 
recruitment returns to average levels. The final stock assessment 
summary report is available on the Center's website 
(www.nefsc.noaa.gov/publications/).
    Based on the stock assessment and at the request of the Council, we 
reduced the 2018 ACL in August 2018 (83 FR 42450) (from 104,800 mt to 
49,900 mt) and the 2019 ACL in February 2019 (84 FR 2760) (from 49,900 
mt to 15,065 mt) through inseason adjustments to prevent overfishing 
and lower the risk of the stock becoming overfished. The ACL reduction 
for 2018 ensured at least a 50-percent probability of preventing 
overfishing, while the ACL reduction for 2019 reflected the Council's 
risk policy for herring and was consistent with the new ABC control 
rule developed in Amendment 8 to the Herring FMP. The MSA requires NMFS 
to notify the Council if the status of fishery has become overfished or 
is approaching the condition of being overfished. According to the Act, 
``a fishery shall be classified as approaching a condition of being 
overfished if, based on trends in fishing effort, fishery resource 
size, and other appropriate factors, the Secretary estimates that the 
fishery will become overfished within two years.'' Within 2 years of 
such notifications, the Council shall prepare an action to prevent 
overfishing from occurring. In February 2019, we notified the Council 
that herring was approaching an overfished condition.

Proposed Specifications

    At its June 2019 meeting, the Council recommended maintaining 
status quo catch limits for 2019 and reducing catch limits for 2020 and 
2021 (see Table 1). This rule proposes herring specifications for 2019-
2021 consistent with the Council's recommendations. These 
specifications are intended to provide for a sustainable herring 
fishery and to be consistent with the Council's harvest policy for 
herring. Although the 2019 fishing year has ended, the Herring FMP 
requires NMFS to set the specifications for the herring fishery for 3 
years after consideration of the Council's recommendations. The 
Council's Framework 6 document fully analyzes maintaining status quo 
2019 specifications for the remainder of that fishing year. Although 
this action would reaffirm the 2019 specifications implemented in the 
inseason action that published in February 2019, this rule focuses on 
the 2020-2021 specifications.

     Table 1--Comparison of the Proposed Atlantic Herring 2020-2021
                       Specifications (mt) to 2019
------------------------------------------------------------------------
                                           2019            2020-2021
------------------------------------------------------------------------
Overfishing Limit.................             30,668       41,830--2020
                                                            69,064--2021
Acceptable Biological Catch.......             21,266             16,131
Management Uncertainty............              6,200              4,560
Optimum Yield/Annual Catch Limit..           * 15,065           * 11,571

[[Page 4934]]

 
Domestic Annual Harvest...........             15,065             11,571
Border Transfer...................                  0                100
Domestic Annual Processing........             15,065             11,471
U.S. At-Sea Processing............                  0                  0
Area 1A Sub-ACL (28.9%)...........            * 4,354            * 3,344
Area 1B Sub-ACL (4.3%)............                647                498
Area 2 Sub-ACL (27.8%)............              4,188              3,217
Area 3 Sub-ACL (39%)..............              5,876              4,513
Fixed Gear Set-Aside..............                 39                 30
Research Set-Aside................                  +                  +
------------------------------------------------------------------------
* If New Brunswick weir landings are less than 2,942 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 ACL. Thus, the Area
  1A sub-ACL would increase to 4,344 mt, and the ACL would increase to
  12,571 mt.
+ 3 percent of each sub-ACL.

    Several factors contributed to the Council's ABC recommendations 
for 2020-2021. The ABC is reduced from the OFL to account for 
scientific uncertainty. The Council's Scientific and Statistical 
Committee (SSC) and the Council determined that a conservative method 
of management, specifically one that accounts for scientific 
uncertainty, was essential due to the current status of the herring 
stock and the uncertainty surrounding estimates of biomass and 
recruitment. In September 2018, the Council adopted Amendment 8, which 
included a new ABC control rule intended to reduce the available 
harvest to explicitly account for herring's role as forage in the 
ecosystem. As with the 2019 ABC, the 2020 ABC was developed consistent 
with the Council's harvest policy for herring in the new control rule. 
For 2021, the SSC was uncomfortable with increasing the ABC based on 
the recent assessment's projection that recruitment would increase from 
historical lows to average levels. Therefore, the SSC and Council 
recommended maintaining the 2020 ABC for 2021. The 2020 stock 
assessment is expected to update recruitment information and allow the 
Council to reconsider the 2021 ABC for the next specifications.
    The ACL is reduced from ABC to account for management uncertainty. 
Currently, although the FMP allows for consideration of other aspects 
of management uncertainty (e.g., uncertainty around discard estimates 
of herring caught in Federal and state waters), the only source for 
management uncertainty that is applied to the 2020-2021 ABCs are 
landings in the New Brunswick weir fishery. Because weir fishery 
landings can be highly variable, fluctuating with effort and herring 
availability, the Council recommended a management uncertainty buffer 
of 4,560 mt, consistent with average landings in the New Brunswick weir 
fishery over the last 10 years (2009-2018). The resulting ACL for both 
2020 and 2021 would be 11,571 mt. The Council also recommended a 
provision that if weir fishery landings are less than 2,942 mt through 
October 1, NMFS would subtract 1,000 mt from the management uncertainty 
buffer and reallocate that 1,000 mt to the Area 1A sub-ACL and ACL. 
Currently, this provision is allowed if New Brunswick weir landings are 
less than 4,000 mt through October 1.
    Border transfer is a processing allocation available to Canadian 
dealers that is included in, and does not reduce, the domestic catch 
limits. The MSA provides for the issuance of permits to Canadian 
vessels transporting U.S. harvested herring to Canada for sardine 
processing. The Council recommended 100 mt for border transfer for 2020 
and 2021. The amount specified for border has equaled 4,000 mt since 
2000, but we reduced it to 0 mt as part of the 2019 inseason 
adjustment. The Council recommended 100 mt for border transfer in case 
there continues to be Canadian interest in transporting herring for 
sardine processing.
    The Council recommended maintaining status quo river herring/shad 
catch caps for 2020-2021 (see Table 2). These catch caps were 
originally set for the fishery in the 2016-2018 specifications, and we 
maintained them in the inseason adjustment for 2019. Catch is tracked 
against river herring/shad catch caps on trips landing more than 6,600 
lb (3,000 kg) of herring. Once a catch cap is reached, the possession 
limit for herring vessels using that gear type and fishing in that area 
(or the corresponding catch cap closure area) is reduced to 2,000 lb 
(907 kg) of herring for the remainder of the fishing year. These caps 
are intended to meet the original catch cap goals to provide a strong 
incentive for the herring fleet to continue to reduce river herring and 
shad catch, while allowing the fleet to fully harvest the herring ACL.

                       Table 2--Proposed River Herring/Shad Catch Caps (mt) for 2020-2021
----------------------------------------------------------------------------------------------------------------
                                                                                   Southern New
                                                   Gulf of Maine     Cape Cod      England/Mid-        Total
                                                                                     Atlantic
----------------------------------------------------------------------------------------------------------------
Midwater Trawl..................................            76.7            32.4           129.6           238.7
Bottom Trawl....................................             n/a             n/a           122.3           122.3
----------------------------------------------------------------------------------------------------------------

    The Council recommended status quo methods to set all other herring 
specifications, including the management area sub-ACLs, fixed gear set-
aside, and research set-aside.

Other Proposed Measures

    Framework 6 would update the ``overfished'' and ``overfishing'' 
definitions to make them more

[[Page 4935]]

consistent with the 2018 herring stock assessment and definitions used 
for other stocks in the region. The updated definitions are:
    The stock is considered overfished if stock biomass is less than 
\1/2\ the stock biomass associated with the Maximum Sustainable Yield 
(MSY) level or its proxy (e.g., Spawning Stock Biomass at MSY (SSBMSY) 
or proxy). The stock is considered subject to overfishing if the 
estimated fishing mortality rate (F) exceeds the fishing mortality rate 
associated with the MSY level or its proxy (e.g., FMSY or proxy).
    Over time, the parameters used to assess the herring stock have 
changed, and so have the corresponding projections used to evaluate 
stock status and set catch levels. The updated definition is more 
flexible because it could incorporate any estimate of biomass that is 
warranted (total biomass, SSB, or relevant proxy), dependent on what is 
used in the stock assessment and considered the best available science. 
The new definitions are consistent with many overfishing and overfished 
definitions used in the region, as well as parameters in the new ABC 
control rule developed in Amendment 8.
    Currently, regulations at Sec.  648.201 require that up to 10 
percent of the unharvested catch in a herring management area shall be 
carried over and added to that area's sub-ACL for the fishing year 
following when total catch is determined. For example, total catch for 
2018 would be determined in 2019. If there was unharvested catch in 
2018, the unharvested catch in a management area (up to 10 percent of 
the initial sub-ACL for that area) would be added to the area's sub-ACL 
for 2020. This carryover increases the sub-ACL for that management 
area, but it does not increase the total ACL.
    Under Framework 6, carryover of unharvested catch would be 
suspended for the 2020 and 2021, such that unharvested catch in 2018 
and 2019 would not be added to sub-ACLs for 2020 and 2021, 
respectively. Suspending carryover is proposed because the amount of 
carryover from 2018 (just under 5,000 mt) is substantial relative to 
the ACL for 2020 and 2021 (11,571 mt), and could have unintended 
consequences on the stock or fishery. For example, if carryover is 
harvested in specific management areas early in the year, other areas 
that are typically fished later in the year may be constrained by the 
ACL such that the sub-ACLs in those areas cannot be fully harvested. To 
date, catch in 2019 is less than 85 percent of the ACL for 2019 (15,065 
mt), so there may also be a substantial amount of unharvested catch 
that would have otherwise been carried over relative to the reduced ACL 
for 2021 (11,571 mt). Furthermore, given the low estimate of herring 
biomass, concentrating fishing effort and catch in certain management 
areas may have negative impacts on the herring stock. Continuation of 
the suspension of carryover into 2021 is consistent with the Council's 
conservative management due to the current status of the herring stock 
and the uncertainty surrounding estimates of biomass and recruitment.

Proposed Clarifications

    We are proposing the following clarifications to regulations for 
fisheries of the Northeastern United States under the authority of 
section 305(d) to the MSA, which provides that the Secretary of 
Commerce may promulgate regulations necessary to carry out an FMP or 
the MSA.
    First, in Sec. Sec.  648.4, 648.7, 648.10, 648.11, 648.14, 648.15, 
648.80, 648.201, 648.202, 648.204, and 648.205, this rule proposes 
simplifying the names of herring vessel permits. Currently, each 
herring vessel permit has two names used in regulations, the first name 
specifies the permit type (i.e., limited or open access) and herring 
management area and the second name assigns a category letter to each 
permit type. For example, the All Areas Limited Access Herring Permit 
is also known as a Category A Herring Permit. This rule proposes 
simplifying references to herring vessel permits by only using the 
category name in regulation. This clarification is intended to aid in 
the understandability of herring regulations as most stakeholders refer 
to herring vessel permits by category name.
    Second, this rule proposes clarifying the transiting and pre-
landing prohibitions for the herring fishery in Sec.  648.14. This rule 
would clarify that vessels are prohibited from transiting Area 1A 
during June through September with midwater gear onboard, unless gear 
is properly stowed and not available for immediate use, consistent with 
Sec.  648.2. This rule would also clarify that herring vessels are 
required to notify NMFS of offloading through the vessel monitoring 
system of the time and place of offloading at least 6 hours prior to 
landing or, if fishing ends less than 6 hours before landing, as soon 
as the vessel stops catching fish. Both of these clarifications 
currently exist elsewhere in the regulations and this rule would update 
regulations in Sec.  648.14 accordingly.
    Third, this rule proposes updating terminology in Sec.  648.200. 
This rule would update the definition of OY consistent with new 
National Standard guidance for OY. This rule would also update 
terminology to reflect that the Atlantic States Marine Fisheries 
Commission's (Commission's) Herring Section is now a Herring Board and 
that the Commission's Atlantic Herring Plan Review Team is now a 
Technical Committee.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Herring FMP, national standards and other 
provisions of the MSA, and other applicable law.
    This proposed rule has been preliminarily determined to be not 
significant for purposes of Executive Order (E.O.) 12866.
    This proposed rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 603. The IRFA describes the economic 
impact that this proposed rule would have on small entities, including 
small businesses, and also determines ways to minimize these impacts. 
The IRFA includes this section of the preamble to this rule and 
analyses contained in the EA/RIR/IRFA for this action. A copy of the 
full analysis is available from the Council (see ADDRESSES). A summary 
of the EA and IRFA follows.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, the Proposed 
Rule

    A complete description of the reasons why this action is being 
considered, and the objectives of and legal basis for this action, are 
contained in the preamble to this proposed rule and are not repeated 
here.

Description and Estimate of Number of Small Entities to Which This 
Proposed Rule Would Apply

    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.

[[Page 4936]]

    For the purposes of this analysis, ownership entities are defined 
by those entities with common ownership personnel as listed on permit 
application documentation. Permits with identical ownership personnel 
are categorized as a single entity. For example, if five permits have 
the same seven personnel listed as co-owners on their application 
paperwork, those seven personnel form one ownership entity, covering 
those five permits. If one or several of the seven owners also own 
additional vessels, with sub-sets of the original seven personnel or 
with new co-owners, those ownership arrangements are deemed to be 
separate ownership entities for the purpose of this analysis.
    This rule would affect all permitted herring vessels; therefore, a 
directly regulated entity is a firm that owns at least one herring 
permit. There are many businesses that hold an open-access (Category D) 
permit. These businesses catch a small fraction of herring; 
furthermore, they are minimally affected by the regulations. Firms are 
defined as active in the herring fishery if they landed any herring in 
2018. This section describes the directly regulated small entities in 
four classes: All permitted firms; all active firms; limited access 
permitted firms; and active limited access permitted firms.
    In 2018, there were 1,205 firms (1,193 small) that held at least 
one herring permit. There were 62 (60 small) active firms that held at 
least one herring permit. There were 68 (62 small) firms that held at 
least one limited access permit, 31 (29 small) of which were active. 
Small entity limited access permit holders as a whole derived 
approximately 38 percent of total entity revenue from the herring 
fishery. All small entity herring permit holders as a whole derived 
approximately 29 percent of total entity revenue from the herring 
fishery.
    Alternative 1 (no action) serves as a baseline as it would maintain 
the ACL from fishing year 2019 in 2020 and 2021 and would make no 
changes to the management uncertainty buffers. This analysis focuses on 
the ACL alternatives as the other specification alternatives would have 
minimal impacts on firms participating in the fishery. The proposed 
action would decrease the ACL in 2020 and 2021 from the baseline, as 
presented in Table 3.

 Table 3--Herring ACL for the Baseline (2019) Compared to Proposed 2020
                         and 2021 Specifications
------------------------------------------------------------------------
                                                           2020 and 2021
                     Year                       Baseline  specifications
                                                  (mt)         (mt)
------------------------------------------------------------------------
ACL..........................................     15,066          11,571
Area 1A Sub-ACL (28.9%)......................      4,354           3,344
Area 1B Sub-ACL (4.3%).......................        647             498
Area 2 Sub-ACL (27.8%).......................      4,188           3,217
Area 3 Sub-ACL (39%).........................      5,876           4,513
------------------------------------------------------------------------

    To examine effects of the preferred alternative this analysis 
assumes catch is equal to ACL. Recent catch from the four herring 
management areas has frequently been below the ACL and sub-ACLs. 
However, recent ACLs have been much higher than the Council's preferred 
ACL and portions of the fishery have been restricted due to catch of 
non-target species (i.e., river herring and shad). With decreasing ACLs 
but status quo non-target species catch caps, excessive catch of non-
target species becomes less likely. The sub-ACL percentages remain 
constant between the baseline period (2019) through 2020 and 2021; 
therefore, there is an approximate 23-percent decrease in available 
catch in each management area from 2019 to 2021. Using this information 
we can evaluate the effects of the proposed action on small entity 
revenues. The average percentage of total small entity revenue derived 
from each management area is listed in Table 4.

  Table 4--Average Percentage of Small Entity Revenue From Each Herring
                             Management Area
------------------------------------------------------------------------
                                                              Overall
                                                              average
                     Management area                      percent entity
                                                              revenue
------------------------------------------------------------------------
1A......................................................              44
1B......................................................              40
2.......................................................              10
3.......................................................              43
------------------------------------------------------------------------

    Seventeen small entities, mainly purse seine vessels, fished for 
herring in Area 1A in 2018. Ten of these small entities derived 30 
percent or less of total entity revenue from Area 1A. Seven small 
entities derived more than 80 percent of total entity revenue from Area 
1A. Area 1A generate revenue for more small entities than any other 
area; all other areas only have 3 entities deriving more than 80 
percent of revenue from herring. Nine small entities fished for herring 
in Area 1B in 2018, with 5 entities deriving 30 percent or less from 
the area and 4 entities deriving between 70 and 100 percent from 1B. 
Thirty-nine small entities fished for herring in Area 2 in 2018. 
Twenty-seven of them derived between 0 and 1 percent of total entity 
revenue from Area 2, and another 6 entities derived less than 30 
percent of entity revenue from Area 2. Four entities derived between 70 
and 100 percent of total entity revenue from herring in Area 2. 
Finally, 8 small entities fished for herring in Area 3 in 2018. Four of 
those entities derived less than 30 percent of total entity revenue 
from Areas 3 and 4 entities derived between 70 and 100 percent of total 
entity revenue from Area 3.
    While the overall fishery ACL will decline by 23 percent, NMFS does 
not expect that each of these small entities will have a 23-percent 
reduction in herring revenue. Rather, because of the low catch limits, 
some companies may decide not to fish for herring in 2020 and 2021 and 
would lose 100 percent of revenue from herring. If this happens, the 
remaining small entities who fish for herring in 2020 and 2021 may 
realize less than 23-percent reduction in revenue from herring, as 
there may be fewer vessels herring fishing. Because entities that catch 
herring are also active in other fisheries, the reduction in total 
revenue for small entities would likely be less than the reduction in 
herring revenue. Without being able to predict these specific shifts, 
Table 5 estimates the percent change for small entities in total 
revenue resulting from a 23-percent reduction in the herring ACL.

  Table 5--Estimates of Percent Reduction in Total Small Entity Revenue
                            From This Action
------------------------------------------------------------------------
                                                          Count of small
      Percent change in total small entity revenue           entities
------------------------------------------------------------------------
0 to 1..................................................              17
1 to 7..................................................               4
18 to 23................................................               8
------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This proposed rule does not introduce any new reporting, 
recordkeeping, or other compliance requirements.

Federal Rules Which May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    This action does not duplicate, overlap, or conflict with any other 
Federal rules.

[[Page 4937]]

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statues and Which 
Minimize Any Significant Economic Impact on Small Entities

    This rule proposes herring specifications for 2019-2021, consistent 
with the Herring FMP's objectives of preventing overfishing while 
maximizing social and economic benefits. Non-preferred alternatives 
would likely not accomplish these objectives for this action as well as 
the proposed action.
    Alternative 1 (no action) exceeds the catch limit recommendations 
of the SSC and the Council. Alternative 1 is not expected to result in 
overfishing, but it has a higher likelihood of resulting in overfishing 
than either the proposed action (Alternative 2a) or Alternative 2b 
(non-preferred). Given the uncertainty around the stock assessment's 
estimates of herring biomass and recruitment, the Council and NMFS did 
not select Alternative 1 as the proposed action because of its higher 
risk of overfishing. The Council and NMFS determined that implementing 
lower catch limits in the short-term is important to reduce the serious 
adverse long-term biological and socioeconomic impacts that could occur 
if higher limits are implemented.
    Alternative 2b used the same process to develop the OFL and ABC as 
Alternative 2a, but it incorporated an updated estimate of 2018 catch. 
The updated estimate of 2018 catch used to develop Alternative 2b was 
about 5,000 mt higher than the 2018 catch estimate used to develop the 
Alternative 2a (proposed action). The Council decided to include the 
updated catch estimate in a separate alternative (Alternative 2b), so 
that the most recent estimate of 2018 catch could be considered, even 
though the updated catch estimate was not available when the SSC met to 
make ABC recommendations for the 2019-2021. When the 2018 estimate of 
catch is increased by about 5,000 mt, it results in lowered OFL and ABC 
for 2020 and 2021 compared to Alternative 2a. The Council did not 
recommend Alternative 2b for several reasons. First, the SSC did not 
have the opportunity to weigh in on this alternative, as the final 2018 
numbers were not available when the SSC met and made their 
recommendations in October 2018. In addition, Alternative 2b included a 
lower ABC and ACL than the proposed action. Given the negative economic 
impacts to the herring industry and other stakeholders are already 
expected to be substantial with Alternative 2a, the Council and NMFS 
determined that the additional small reduction in the risk of 
overfishing (1-percent risk with Alternative 2b instead of a 2-percent 
risk with Alternative 2a) did not warrant a further reduction in 
available catch and associated revenue.
    This rule is also proposing changes to the overfished and 
overfishing definitions, suspending carryover of unharvested catch, and 
clarifying existing regulations. The changes to overfished and 
overfishing definitions and clarifications to existing regulations are 
not expected to have direct economic impacts on small entities. 
Suspending carryover of unharvested catch would reduce available 
herring catch and the associated revenue in the short-term, but is 
expected to have a low positive impact on small entities in the long-
term. The amount of carryover from 2018 (just under 5,000 mt) is 
substantial relative to the ACL for 2020 and 2021 (11,571 mt), and 
could have unintended consequences on the stock or fishery. For 
example, if carryover is harvested in specific management areas early 
in the year, other areas that are typically fished later in the year 
may be constrained by the ACL such that the sub-ACLs in those areas 
cannot be fully harvested. To date, catch in 2019 is less than 85 
percent of the ACL for 2019 (15,065 mt), so there may also be a 
substantial amount of unharvested catch that would have otherwise been 
carried over relative to the reduced ACL for 2021 (11,571 mt). 
Additionally, given the low estimate of herring biomass, concentrating 
fishing effort and catch in certain management areas could have 
negative impacts on the herring stock. Continuation of the suspension 
of carryover into 2021 is consistent the Council's conservative 
management due to the current status of the herring stock and the 
uncertainty surrounding estimates of biomass and recruitment. For these 
reasons, Alternative 1 (no action) would not meet the stated objective 
of this action, lowering the risk of overfishing and providing for a 
sustainable herring fishery, compared to suspending carryover for 2020 
and 2021 under the proposed action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: January 16, 2019.
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

0
1. The authority citation for part 648 continues to read as follows:

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

0
 2. In Sec.  648.4, revise paragraphs (a)(10)(ii), (iv), and (v) and 
remove paragraph (a)(10)(vi) to read as follows:


Sec.  648.4   Vessel permits.

    (a) * * *
    (10) * * *
    (ii) Atlantic herring carrier. An Atlantic herring carrier must 
have been issued and have on board a herring permit and a letter of 
authorization to receive and transport Atlantic herring caught by 
another permitted fishing vessel or it must have been issued and have 
on board a herring permit and have declared an Atlantic herring carrier 
trip via VMS consistent with the requirements at Sec.  648.10(m)(1). 
Once a vessel declares an Atlantic herring carrier trip via VMS, it is 
bound to the VMS operating requirements, specified at Sec.  648.10, for 
the remainder of the fishing year. On Atlantic herring carrier trips 
under either the letter of authorization or an Atlantic herring carrier 
VMS trip declaration, an Atlantic herring carrier is exempt from the 
VMS, IVR, and VTR vessel reporting requirements, as specified in Sec.  
648.7 and subpart K of this part, except as otherwise required by this 
part. If not declaring an Atlantic herring carrier trip via VMS, an 
Atlantic herring carrier vessel must request and obtain a letter of 
authorization from the Regional Administrator, and there is a minimum 
enrollment period of 7 calendar days for a letter of authorization. 
Atlantic herring carrier vessels operating under a letter of 
authorization or an Atlantic herring carrier VMS trip declaration may 
not conduct fishing activities, except for purposes of transport, or 
possess any fishing gear on board the vessel capable of catching or 
processing herring, and they must be used exclusively as an Atlantic 
herring carrier vessel, and they must carry observers if required by 
NMFS. While operating under a valid letter of authorization or Atlantic 
herring carrier VMS trip declaration, such vessels are exempt from any 
herring possession limits associated with the herring vessel permit 
categories. Atlantic herring carrier vessels operating under a letter 
of authorization or an Atlantic herring carrier VMS trip declaration 
may not possess, transfer, or land any species other than Atlantic 
herring, except that they may possess Northeast multispecies 
transferred by vessels

[[Page 4938]]

issued either a Category A or B Herring Permit, consistent with the 
applicable possession limits for such vessels specified at Sec.  
648.86(a)(3) and (k).
* * * * *
    (iv) Limited access herring permits. (A) A vessel of the United 
States that fishes for, possesses, or lands more than 6,600 lb (3 mt) 
of herring, except vessels that fish exclusively in state waters for 
herring, must have been issued and carry on board either one of the 
limited access herring permits described in paragraphs 
(a)(10)(iv)(A)(1) through (3) of this section or an open access 
Category E Herring Permit (as described in Sec.  648.4(a)(10)(v)(B)), 
including both vessels engaged in pair trawl operations.
    (1) Category A Herring Permit (All Areas Limited Access Herring 
Permit). A vessel may fish for, possess, and land unlimited amounts of 
herring from all herring areas, provided the vessel qualifies for and 
has been issued this permit, subject to all other regulations of this 
part.
    (2) Category B Herring Permit (Areas 2 and 3 Limited Access Herring 
Permit). A vessel may fish for, possess, and land unlimited amounts of 
herring from herring Areas 2 and 3, provided the vessel qualifies for 
and has been issued this permit, subject to all other regulations of 
this part.
    (3) Category C Herring Permit (Limited Access Incidental Catch 
Herring Permit). (i) A vessel that does not qualify for either of the 
permits specified in paragraphs (a)(10)(iv)(A)(1) and (2) of this 
section may fish for, possess, and land up to 55,000 lb (25 mt) of 
herring from any herring area, provided the vessel qualifies for and 
has been issued this permit, subject to all other regulations of this 
part.
    (ii) A vessel that does not qualify for a Category A Herring Permit 
specified in paragraph (a)(10)(iv)(A)(1) of this section, but qualifies 
for the Category B Herring Permit specified in paragraph 
(a)(10)(iv)(A)(2) of this section, may fish for, possess, and land up 
to 55,000 lb (25 mt) of herring from Area 1, provided the vessel 
qualifies for and has been issued this permit, subject to all other 
regulations of this part.
    (B) Eligibility for Category A and B Herring Permits, and 
Confirmation of Permit History (CPH). A vessel is eligible for and may 
be issued either a Category A or B Herring Permit if it meets the 
permit history criteria in paragraph (a)(10)(iv)(B)(1) of this section 
and the relevant landing requirements in paragraphs (a)(10)(iv)(B)(2) 
and (3) of this section.
    (1) Permit history criteria for Category A and B Herring Permits. 
(i) The vessel must have been issued a Federal herring permit (Category 
1 or 2) that was valid as of November 10, 2005; or
    (ii) The vessel is replacing a vessel that was issued a Federal 
herring permit (Category 1 or 2) between November 10, 2003, and 
November 9, 2005. To qualify as a replacement vessel, the replacement 
vessel and the vessel being replaced must both be owned by the same 
vessel owner; or, if the vessel being replaced was sunk or destroyed, 
the vessel owner must have owned the vessel being replaced at the time 
it sunk or was destroyed; or, if the vessel being replaced was sold to 
another person, the vessel owner must provide a copy of a written 
agreement between the buyer of the vessel being replaced and the owner/
seller of the vessel, documenting that the vessel owner/seller retained 
the herring permit and all herring landings history.
    (2) Landings criteria for the Category A Herring Permit--(i) The 
vessel must have landed at least 500 mt of herring in any one calendar 
year between January 1, 1993, and December 31, 2003, as verified by 
dealer reports submitted to NMFS or documented through valid dealer 
receipts, if dealer reports were not required by NMFS. In those cases 
where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction, or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for 
purchase as of December 31, 2003, may extend the period for determining 
landings specified in paragraph (a)(10)(iv)(B)(2)(i) of this section 
through December 31, 2004.
    (iii) Landings criteria for vessels using landings from pair trawl 
operations. To qualify for a limited access permit using landings from 
pair trawl operations, the owners of the vessels engaged in that 
operation must agree on how to divide such landings between the two 
vessels and apply for the permit jointly, as verified by dealer reports 
submitted to NMFS or valid dealer receipts, if dealer reports were not 
required by NMFS.
    (3) Landings criteria for the Category B Herring Permit. (i) The 
vessel must have landed at least 250 mt of herring in any one calendar 
year between January 1, 1993, and December 31, 2003, as verified by 
dealer reports submitted to NMFS or documented through valid dealer 
receipts, if dealer reports were not required by NMFS. In those cases 
where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for 
purchase as of December 31, 2003, may extend the period for determining 
landings specified in paragraph (a)(10)(iv)(B)(3)(i) of this section 
through December 31, 2004.
    (iii) Landings criteria for vessels using landings from pair trawl 
operations. See paragraph (a)(10)(iv)(B)(2)(iii) of this section.
    (4) CPH. A person who does not currently own a fishing vessel, but 
owned a vessel that satisfies the permit eligibility requirements in 
paragraph (a)(10)(iv)(B) of this section that has sunk, been destroyed, 
or transferred to another person, but that has not been replaced, may 
apply for and receive a CPH that allows for a replacement vessel to 
obtain the relevant limited access herring permit if the fishing and 
permit history of such vessel has been retained lawfully by the 
applicant as specified in paragraph (a)(10)(iv)(B)(1)(ii) of this 
section and consistent with (a)(10)(iv)(N) of this section.
    (C) Eligibility for Category C Herring Permit, and CPH. A vessel is 
eligible for and may be issued a Category C Herring

[[Page 4939]]

Permit if it meets the permit history criteria specified in paragraph 
(a)(10)(iv)(C)(1) of this section and the landings criteria in 
paragraph (a)(10)(iv)(C)(2) of this section.
    (1) Permit history criteria. (i) The vessel must have been issued a 
Federal permit for Northeast multispecies, Atlantic mackerel, Atlantic 
herring, longfin or Illex squid, or butterfish that was valid as of 
November 10, 2005; or
    (ii) The vessel is replacing a vessel that was issued a Federal 
permit for Northeast multispecies, Atlantic mackerel, Atlantic herring, 
longfin or Illex squid, or butterfish that was issued between November 
10, 2003, and November 9, 2005. To qualify as a replacement vessel, the 
replacement vessel and the vessel being replaced must both be owned by 
the same vessel owner; or, if the vessel being replaced was sunk or 
destroyed, the vessel owner must have owned the vessel being replaced 
at the time it sunk or was destroyed; or, if the vessel being replaced 
was sold to another person, the vessel owner must provide a copy of a 
written agreement between the buyer of the vessel being replaced and 
the owner/seller of the vessel, documenting that the vessel owner/
seller retained the herring permit and all herring landings history.
    (2) Landings criteria for Category C Herring Permit. (i) The vessel 
must have landed at least 15 mt of herring in any calendar year between 
January 1, 1988, and December 31, 2003, as verified by dealer reports 
submitted to NMFS or documented through valid dealer receipts, if 
dealer reports were not required by NMFS. In those cases where a vessel 
has sold herring but there are no required dealer receipts, e.g., 
transfers of bait at sea and border transfers, the vessel owner can 
submit other documentation that documents such transactions and proves 
that the herring thus transferred should be added to the vessel's 
landings history. The owners of vessels that fished in pair trawl 
operations may provide landings information as specified in paragraph 
(a)(10)(iv)(B)(2)(iii) of this section. Landings made by a vessel that 
is being replaced may be used to qualify a replacement vessel 
consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for 
purchase as of December 31, 2003, may extend the period for determining 
landings specified in paragraph (a)(10)(iv)(C)(2)(i) of this section 
through December 31, 2004.
    (v) Open access herring permits. A vessel that has not been issued 
a limited access herring permit may obtain:
    (A) A Category D Herring Permit (All Areas Open Access Herring 
Permit) to possess up to 6,600 lb (3 mt) of herring per trip from all 
herring management areas, limited to one landing per calendar day; and/
or
    (B) A Category E Herring Permit (Areas \2/3\ Open Access Herring 
Permit) to possess up to 20,000 lb (9 mt) of herring per trip from 
Herring Management Areas 2 and 3, limited to one landing per calendar 
day, provided the vessel has also been issued a Limited Access Atlantic 
Mackerel permit, as defined at Sec.  648.4(a)(5)(iii).
* * * * *
0
3. In Sec.  648.7, paragraph (b)(2) is revised to read as follows:


Sec.  648.7   Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (2) IVR system reports--(i) Atlantic herring vessel owners or 
operators issued a Category D Herring Permit. The owner or operator of 
a vessel issued a Category D Herring Permit to fish for herring must 
report catch (retained and discarded) of herring via an IVR system for 
each week herring was caught, unless exempted by the Regional 
Administrator. IVR reports are not required for weeks when no herring 
was caught. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Vessel identification; week in which herring are caught; 
management areas fished; and pounds retained and pounds discarded of 
herring caught in each management area. The IVR reporting week begins 
on Sunday at 0001 hr (12:01 a.m.) local time and ends Saturday at 2400 
hr (12 midnight). Weekly Atlantic herring catch reports must be 
submitted via the IVR system by midnight each Tuesday, Eastern Time, 
for the previous week. Reports are required even if herring caught 
during the week has not yet been landed. This report does not exempt 
the owner or operator from other applicable reporting requirements of 
this section.
    (ii) [Reserved]
* * * * *
0
4. In Sec.  648.10, paragraphs (b)(8) and (m) are revised to read as 
follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (b) * * *
    (8) A vessel issued a limited access herring permit (i.e., Category 
A, B, or C), or a vessel issued a Category E Herring Permit, or a 
vessel declaring an Atlantic herring carrier trip via VMS.
* * * * *
    (m) Atlantic herring VMS notification requirements. (1) A vessel 
issued a limited access herring permit (i.e., Category A, B, or C) or a 
Category E Herring Permit intending to declare into the herring fishery 
or a vessel issued a herring permit and intending to declare an 
Atlantic herring carrier trip via VMS must notify NMFS by declaring a 
herring trip with the appropriate gear code prior to leaving port at 
the start of each trip in order to harvest, possess, or land herring on 
that trip.
    (2) A vessel issued a limited access herring permit (i.e., Category 
A, B, or C) or a Category E Herring Permit or a vessel that declared an 
Atlantic herring carrier trip via VMS must notify NMFS Office of Law 
Enforcement through VMS of the time and place of offloading at least 6 
hours prior to landing or, if fishing ends less than 6 hours before 
landing, as soon as the vessel stops catching fish. The Regional 
Administrator may adjust the prior notification minimum time through 
publication of a document in the Federal Register consistent with the 
Administrative Procedure Act.
* * * * *
0
5. In Sec.  648.11, paragraphs (m)(1)(i), (iv), and (v) are revised to 
read as follows:


Sec.  648.11   Monitoring Coverage.

* * * * *
    (m) Atlantic herring monitoring coverage--(1) Monitoring 
requirements. (i) At least 48 hours prior to the beginning of any trip 
on which a vessel may harvest, possess, or land Atlantic herring, a 
vessel issued a limited access herring permit or a vessel issued a 
Category E Herring Permit on a declared herring trip or a vessel issued 
a Category D Herring Permit fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined in Sec.  648.200(f)(1) 
and (3), and herring carriers must provide notice of the following 
information to NMFS: Vessel name, permit category, and permit number; 
contact name for coordination of observer deployment; telephone number 
for contact; the date, time, and port of departure; gear type; target 
species; and intended area of fishing, including whether the vessel 
intends to engage in

[[Page 4940]]

fishing in the Northeast Multispecies Closed Areas (Closed Area I North 
(Sec.  648.81(c)(3)), Closed Area II (Sec.  648.81(a)(5)), Cashes Ledge 
Closure Area (Sec.  648.81(a)(3)), and Western GOM Closure Area (Sec.  
648.81(a)(4))) at any point in the trip. Trip notification calls must 
be made no more than 10 days in advance of each fishing trip. The 
vessel owner, operator, or manager must notify NMFS of any trip plan 
changes at least 12 hours prior to vessel departure from port.
* * * * *
    (iv) If a vessel issued a Category A or B Herring Permit slips 
catch for any of the reasons described in paragraph (m)(4)(i) of this 
section, the vessel operator must move at least 15 nm (27.78 km) from 
the location of the slippage event before deploying any gear again, and 
must stay at least 15 nm (27.78 km) away from the slippage event 
location for the remainder of the fishing trip.
    (v) If catch is slipped by a vessel issued a Category A or B 
Herring Permit for any reason not described in paragraph (m)(4)(i) of 
this section, the vessel operator must immediately terminate the trip 
and return to port. No fishing activity may occur during the return to 
port.
* * * * *
0
6. In Sec.  648.14, revise paragraphs (k)(1)(i)(D); (r)(1)(vi)(A), 
(r)(1)(vii)(D) and (E), (r)(1)(viii)(B) and (C), (r)(2), and remove 
paragraph (r)(1)(viii)(D) to read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (k) * * *
    (1) * * *
    (i) * * *
    (D) Any haddock, and up to 100 lb (45 kg) of other regulated NE 
multispecies other than haddock, were harvested by a vessel issued a 
Category A or B Herring Permit on a declared herring trip, regardless 
of gear or area fished, or a vessel issued a Category C and/or a 
Category D or E Herring Permit that fished with midwater trawl gear, 
pursuant to the requirements in Sec.  648.80(d) and (e), and such fish 
are not sold for human consumption.
* * * * *
    (r) * * *
    (1) * * *
    (vi) Area requirements. (A) For the purposes of observer 
deployment, fail to notify NMFS at least 72 hours prior to departing on 
a declared herring trip with a vessel issued a Category A or B Herring 
Permit and fishing with midwater trawl or purse seine gear, or on a 
trip with a vessel issued a Category C and/or Category D or E Herring 
Permit that is fishing with midwater trawl gear in Management Areas 1A, 
1B, and/or 3, as defined in Sec.  648.200(f)(1) and (3), pursuant to 
the requirements in Sec.  648.80(d) and (e).
* * * * *
    (vii) * * *
    (D) Transit Area 1A from June 1 through September 30 with more than 
2,000 lb (907.2 kg) of herring while having on board midwater trawl 
gear that is not properly stowed or available for immediate use as 
defined in Sec.  648.2.
    (E) Discard haddock at sea that has been brought on deck, or pumped 
into the hold, of a vessel issued a Category A or B Herring Permit 
fishing on a declared herring trip, regardless of gear or area fished, 
or on a trip with a vessel issued a Category C and/or Category D or E 
Herring Permit fishing with midwater trawl gear, pursuant to the 
requirements in Sec.  648.80(d) and (e).
* * * * *
    (viii) * * *
    (B) Fail to notify NMFS Office of Law Enforcement through VMS of 
the time and place of offloading at least 6 hours prior to landing or, 
if fishing ends less than 6 hours before landing, as soon as the vessel 
stops catching fish, if a vessel has been issued a limited access 
herring permit or a Category E Herring Permit or has declared an 
Atlantic herring carrier trip via VMS.
    (C) Fail to declare via VMS into the herring fishery by entering 
the appropriate herring fishery code and appropriate gear code prior to 
leaving port at the start of each trip to harvest, possess, or land 
herring, if a vessel has been issued a Limited Access Herring Permit or 
issued a Category E Herring Permit or is intending to act as an 
Atlantic herring carrier.
* * * * *
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel holding a valid Federal Atlantic 
herring permit, or issued an operator's permit, to do any of the 
following:
    (i) Sell, purchase, receive, trade, barter, or transfer haddock or 
other regulated NE multispecies (cod, witch flounder, plaice, 
yellowtail flounder, pollock, winter flounder, windowpane flounder, 
redfish, white hake, and Atlantic wolffish); or attempt to sell, 
purchase, receive, trade, barter, or transfer haddock or other 
regulated NE multispecies for human consumption; if the regulated NE 
multispecies are landed by a vessel issued a Category A or B Herring 
Permit fishing on a declared herring trip, regardless of gear or area 
fished, or by a vessel issued a Category C Herring Permit and/or a 
Category D or E Herring Permit fishing with midwater trawl gear 
pursuant to Sec.  648.80(d).
    (ii) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out, and retain, for at 
least 12 hours, all haddock offloaded from a vessel issued a Category A 
or B Herring Permit that fished on a declared herring trip regardless 
of gear or area fished, or by a vessel issued a Category C Herring 
Permit and/or a Category D or E Herring Permit that fished with 
midwater trawl gear pursuant to Sec.  648.80(d).
    (iii) Sell, purchase, receive, trade, barter, or transfer; or 
attempt to sell, purchase, receive, trade, barter, or transfer; to 
another person, any haddock or other regulated NE multispecies (cod, 
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, white hake, and Atlantic wolffish) 
separated out from a herring catch offloaded from a vessel issued a 
Category A or B Herring Permit that fished on a declared herring trip 
regardless of gear or area fished, or by a vessel issued a Category C 
Herring Permit and/or a Category D or E Herring Permit that fished with 
midwater trawl gear pursuant to Sec.  648.80(d).
    (iv) While operating as an at-sea herring processor, fail to comply 
with requirements to separate out and retain all haddock offloaded from 
a vessel issued a Category A or B Herring Permit that fished on a 
declared herring trip regardless of gear or area fished, or by a vessel 
issued a Category C Herring Permit and/or a Category D or E Herring 
Permit that fished with midwater trawl gear pursuant to Sec.  
648.80(d).
    (v) Fish with midwater trawl gear in any Northeast Multispecies 
Closed Area, as defined in Sec.  648.81(a)(3) through (5) and (c)(3) 
and (4), without a NMFS-approved observer on board, if the vessel has 
been issued an Atlantic herring permit.
    (vi) Slip or operationally discard catch, as defined at Sec.  
648.2, unless for one of the reasons specified at Sec.  648.202(b)(2), 
if fishing any part of a tow inside the Northeast Multispecies Closed 
Areas, as defined at Sec.  648.81(a)(3) through (5) and (c)(3) and (4).
    (vii) Fail to immediately leave the Northeast Multispecies Closed 
Areas or comply with reporting requirements after slipping catch or 
operationally discarding catch, as required by Sec.  648.202(b)(4).
    (viii) Slip catch, as defined at Sec.  648.2, unless for one the 
reasons specified at Sec.  648.11(m)(4)(i).

[[Page 4941]]

    (ix) For vessels with Category A or B Herring Permits, fail to move 
15 nm (27.78 km), as required by Sec.  648.11(m)(4)(iv) and Sec.  
648.202(b)(4)(iv).
    (x) For vessels with Category A or B Herring Permits, fail to 
immediately return to port, as required by Sec.  648.11(m)(4)(v) and 
Sec.  648.202(b)(4)(iv).
    (xi) Fail to complete, sign, and submit a Released Catch Affidavit 
as required by Sec.  648.11(m)(8)(iii) and Sec.  648.202(b)(4)(ii).
    (xii) Fail to report or fail to accurately report a slippage event 
on the Atlantic herring daily VMS catch report, as required by Sec.  
648.11(m)(4)(iii) and Sec.  648.202(b)(4)(iii). (xiii) For vessels with 
Category A or B Herring Permits, fail to comply with industry-funded 
monitoring requirements at Sec.  648.11(m).
    (xiv) For a vessel with a Category A or B Herring Permit, fail to 
comply with its NMFS-approved vessel monitoring plan requirements, as 
described at Sec.  648.11(m).
* * * * *
0
7. In Sec.  648.15, paragraphs (d) and (e) are revised to read as 
follows:


Sec.  648.15   Facilitation of enforcement.

* * * * *
    (d) Retention of haddock by herring dealers and processors. (1) 
Federally permitted herring dealers and processors, including at-sea 
processors, that cull or separate out from the herring catch all fish 
other than herring in the course of normal operations, must separate 
out and retain all haddock offloaded from a vessel issued a Category A 
or B Herring Permit that fished on a declared herring trip regardless 
of gear or area fished, or by a vessel issued a Category C Herring 
Permit and/or a Category D or E Herring Permit that fished with 
midwater trawl gear pursuant to Sec.  648.80(d). Such haddock may not 
be sold, purchased, received, traded, bartered, or transferred, and 
must be retained, after they have been separated, for at least 12 hours 
for dealers and processors on land, and for 12 hours after landing by 
at-sea processors. The dealer or processor, including at-sea 
processors, must clearly indicate the vessel that landed the retained 
haddock or transferred the retained haddock to an at-sea processor. 
Authorized officers must be given access to inspect the haddock.
    (2) All haddock separated out and retained is subject to reporting 
requirements specified at Sec.  648.7.
    (e) Retention of haddock by herring vessels using midwater trawl 
gear. A vessel issued a Category A or B Herring Permit fishing on a 
declared herring trip regardless of gear or area fished, or a vessel 
issued a Category C Herring Permit and/or a Category D or E Herring 
Permit and fishing with midwater trawl gear pursuant to Sec.  
648.80(d), may not discard any haddock that has been brought on the 
deck or pumped into the hold.
0
8. In Sec.  648.80, paragraphs (d)(4) through (6), and (e)(4) through 
(6) are revised to read as follows:


Sec.  648.80   NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (d) * * *
    (4) The vessel does not fish for, possess or land NE multispecies, 
except that a vessel issued a Category A or B Herring Permit and 
fishing on a declared herring trip, regardless of gear or area fished, 
or a vessel issued a Category C Herring Permit and/or a Category D or E 
Herring Permit and fishing with midwater trawl gear pursuant to 
paragraph (d) of this section, may possess and land haddock and other 
regulated multispecies consistent with the catch caps and possession 
restrictions in Sec.  648.86(a)(3) and (k). Such haddock or other 
regulated NE multispecies may not be sold, purchased, received, traded, 
bartered, or transferred, or attempted to be sold, purchased, received, 
traded, bartered, or transferred for, or intended for, human 
consumption. Haddock or other regulated NE multispecies that are 
separated out from the herring catch pursuant to Sec.  648.15(d) may 
not be sold, purchased, received, traded, bartered, or transferred, or 
attempted to be sold, purchased, received, traded, bartered, or 
transferred for any purpose. A vessel issued a Category A or B Herring 
Permit fishing on a declared herring trip, regardless of gear or area 
fished, or a vessel issued a Category C Herring Permit and/or a 
Category D or E Herring Permit and fishing with midwater trawl gear 
pursuant to paragraph (d) of this section, may not discard haddock that 
has been brought on the deck or pumped into the hold;
    (5) To fish for herring under this exemption, a vessel issued a 
Category A or B Herring Permit fishing on a declared herring trip, or a 
vessel issued a Category C Herring Permit and/or a Category D or E 
Herring Permit fishing with midwater trawl gear in Management Areas 1A, 
1B, and/or 3, as defined in Sec.  648.200(f)(1) and (3), must provide 
notice of the following information to NMFS at least 72 hours prior to 
beginning any trip into these areas for the purposes of observer 
deployment: Vessel name; contact name for coordination of observer 
deployment; telephone number for contact; the date, time, and port of 
departure; and whether the vessel intends to engage in fishing in 
Closed Area I, as defined in Sec.  648.81(c)(3), at any point in the 
trip; and
    (6) A vessel issued a Category A or B Herring Permit fishing on a 
declared herring trip with midwater trawl gear, or a vessel issued a 
Category C Herring Permit and fishing with midwater trawl gear in 
Management Areas 1A, 1B, and/or 3, as defined at Sec.  648.200(f)(1) 
and (3), must notify NMFS Office of Law Enforcement through VMS of the 
time and place of offloading at least 6 hours prior to landing or, if 
fishing ends less than 6 hours before landing, as soon as the vessel 
stops catching fish. The Regional Administrator may adjust the prior 
notification minimum time through publication of a notice in the 
Federal Register consistent with the Administrative Procedure Act.
* * * * *
    (e) * * *
    (4) The vessel does not fish for, possess, or land NE multispecies, 
except that vessels that have a Category A or B Herring Permit fishing 
on a declared herring trip may possess and land haddock or other 
regulated species consistent with possession restrictions in Sec.  
648.86(a)(3) and (k), respectively. Such haddock or other regulated 
multispecies may not be sold, purchased, received, traded, bartered, or 
transferred, or attempted to be sold, purchased, received, traded, 
bartered, or transferred for, or intended for, human consumption. 
Haddock or other regulated species that are separated out from the 
herring catch pursuant to Sec.  648.15(d) may not be sold, purchased, 
received, traded, bartered, or transferred, or attempted to be sold, 
purchased, received, traded, bartered, or transferred for any purpose. 
A vessel issued a Category A or B Herring Permit may not discard 
haddock that has been brought on the deck or pumped into the hold;
    (5) To fish for herring under this exemption, vessels that have a 
Category A or B Herring Permit must provide notice to NMFS of the 
vessel name; contact name for coordination of observer deployment; 
telephone number for contact; and the date, time, and port of 
departure, at least 72 hours prior to beginning any trip into these 
areas for the purposes of observer deployment; and
    (6) All vessels that have a Category A or B Herring Permit must 
notify NMFS Office of Law Enforcement through VMS of the time and place 
of offloading

[[Page 4942]]

at least 6 hours prior to landing or, if fishing ends less than 6 hours 
before landing, as soon as the vessel stops catching fish. The Regional 
Administrator may adjust the prior notification minimum time through 
publication of a notice in the Federal Register consistent with the 
Administrative Procedure Act.
* * * * *
0
9. In Sec.  648.83, paragraph (b)(4) is revised to read as follows:


Sec.  648.83   Multispecies minimum fish sizes.

* * * * *
    (b) * * *
    (4) Vessels that have a Category A or B Herring Permit may possess 
and land haddock and other regulated species that are smaller than the 
minimum size specified under Sec.  648.83, consistent with the bycatch 
caps specified in Sec. Sec.  648.86(a)(3) and 648.86(k). Such fish may 
not be sold for human consumption.
* * * * *
0
10. In Sec.  648.86, paragraphs (a)(3)(i), (a)(3)(ii)(A)(1), and 
paragraph (k) are revised to read as follows:


Sec.  648.86   NE Multispecies possession restrictions.

* * * * *
    (a) * * *
    (3)(i) Incidental catch allowance for some Atlantic herring 
vessels. A vessel issued a Category A or B Herring Permit fishing on a 
declared herring trip, regardless of gear or area fished, or a vessel 
issued a Category C Herring Permit and/or a Category D or E Herring 
Permit and fishing with midwater trawl gear pursuant to Sec.  
648.80(d), may only possess and land haddock, in accordance with 
requirements specified in Sec.  648.80(d) and (e).
    (ii) Haddock incidental catch cap. (A)(1) When the Regional 
Administrator has determined that the incidental catch allowance for a 
given haddock stock, as specified in Sec.  648.90(a)(4)(iii)(D), has 
been caught, no vessel issued an Atlantic herring permit and fishing 
with midwater trawl gear in the applicable stock area, i.e., the 
Herring GOM Haddock Accountability Measure (AM) Area or Herring GB 
Haddock AM Area, as defined in paragraphs (a)(3)(ii)(A)(2) and (3) of 
this section, may fish for, possess, or land herring in excess of 2,000 
lb (907.2 kg) per trip in or from that area, unless all herring 
possessed and landed by the vessel were caught outside the applicable 
AM Area and the vessel's gear is stowed and not available for immediate 
use as defined in Sec.  648.2 while transiting the AM Area. Upon this 
determination, the haddock possession limit is reduced to 0 lb (0 kg) 
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 NE multispecies permit and is operating on a declared (consistent 
with Sec.  648.10(g)) NE multispecies trip. In making this 
determination, the Regional Administrator shall use haddock catches 
observed by NMFS-approved observers by herring vessel trips using 
midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in 
Sec.  648.200(f)(1) and (3), expanded to an estimate of total haddock 
catch for all such trips in a given haddock stock area.
* * * * *
    (k) Other regulated NE multispecies possession restrictions for 
some Atlantic herring vessels. A vessel issued a Category A or B 
Herring Permit on a declared herring trip, regardless of area fished or 
gear used, or a vessel issued a Category C Herring Permit and/or a 
Category D or E Herring Permit and fishing with midwater trawl gear 
pursuant to Sec.  648.80(d), may possess and land haddock, and up to 
100 lb (45 kg), combined, of other regulated NE multispecies, other 
than haddock, in accordance with the requirements in Sec.  648.80(d) 
and (e). Such fish may not be sold for human consumption.
* * * * *
0
11. In Sec.  648.200, paragraphs (a), (b)(1), and (c) are revised to 
read as follows:


Sec.  648.200   Specifications.

    (a) The Atlantic Herring Plan Development Team (PDT) shall meet at 
least every 3 years, but no later than July of the year before new 
specifications are implemented, with the Atlantic States Marine 
Fisheries Commission's (Commission) Atlantic Herring Technical 
Committee (TC) to develop and recommend the following specifications 
for a period of 3 years for consideration by the New England Fishery 
Management Council's Atlantic Herring Oversight Committee: Overfishing 
Limit (OFL), Acceptable Biological Catch (ABC), Annual Catch Limit 
(ACL), Optimum yield (OY), domestic annual harvest (DAH), domestic 
annual processing (DAP), U.S. at-sea processing (USAP), border transfer 
(BT), the sub-ACL for each management area, including seasonal periods 
as specified at Sec.  648.201(d) and modifications to sub-ACLs as 
specified at Sec.  648.201(f), the amount to be set aside for the RSA 
(from 0 to 3 percent of the sub-ACL from any management area), and 
river herring and shad catch caps, as specified in Sec.  648.201(a)(4). 
Recommended specifications shall be presented to the New England 
Fishery Management Council.
    (1) The PDT shall meet with the Commission's TC to review the 
status of the stock and the fishery and prepare a Stock Assessment and 
Fishery Evaluation (SAFE) report at least every 3 years. The Herring 
PDT will meet at least once during interim years to review the status 
of the stock relative to the overfishing definition if information is 
available to do so. When conducting a 3-year review and preparing a 
SAFE Report, the PDT/TC will recommend to the Council/Commission any 
necessary adjustments to the specifications for the upcoming 3 years.
    (2) If the Council determines, based on information provided by the 
PDT/TC or other stock-related information, that the specifications 
should be adjusted during the 3-year time period, it can do so through 
the same process outlined in this section during one or both of the 
interim years.
    (b) * * *
    (1) 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 the fishing rate supporting maximum sustainable 
yield (FMSY or proxy). Catch that exceeds this amount would 
result in overfishing. The stock is considered overfished if stock 
biomass is less than \1/2\ the stock biomass associated with the MSY 
level or its proxy (e.g., SSBMSY or proxy). The stock is 
considered subject to overfishing if the fishing mortality rate exceeds 
the fishing mortality rate associated with the MSY level or its proxy 
(e.g., FMSY or proxy).
* * * * *
    (c) The Atlantic Herring Oversight Committee shall review the 
recommendations of the PDT and shall consult with the Commission's 
Herring Board. Based on these recommendations and any public comment 
received, the Herring Oversight Committee shall recommend to the 
Council appropriate specifications for a 3-year period. The Council 
shall review these recommendations and, after considering public 
comment, shall recommend appropriate 3-year specifications to NMFS. 
NMFS shall review the recommendations, consider any comments received 
from the Commission, and publish notification in the Federal Register 
proposing 3-year specifications. If the proposed specifications differ 
from those recommended by the Council, the

[[Page 4943]]

reasons for any differences shall be clearly stated and the revised 
specifications must satisfy the criteria set forth in paragraph (b) of 
this section.
* * * * *
0
12. In Sec.  648.201, paragraphs (a)(2), (g), and (h) are revised to 
read as follows:


Sec.  648.201   AMs and harvest controls.

    (a) * * *
    (2) When the Regional Administrator has determined that the GOM 
and/or GB incidental catch cap for haddock in Sec.  
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 Sec.  
648.86(a)(3)(ii)(A)(2) and (3) of this part, may fish for, possess, or 
land 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 Sec.  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 Sec.  648.10(g)) Northeast multispecies trip.
* * * * *
    (g) Carryover. (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 sub-
ACL allocation for the fishing year, not the sub-ACL 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 500 mt of herring is added as carryover 
to a 5,000 mt sub-ACL, catch in that management area would be tracked 
against a total sub-ACL of 5,500 mt. NMFS shall add sub-ACL carryover 
only if the ACL, specified consistent with Sec.  648.200(b)(3), for the 
fishing year in which there is unharvested herring, is not exceeded. 
The ACL, consistent with Sec.  648.200(b)(3), shall not be increased by 
carryover specified in this paragraph (g).
    (2) Carryover of unharvested catch as described in Sec.  648.201(g) 
shall not be added to any herring management area's sub-ACL in the 2020 
and 2021 herring fishing years.
    (h) If NMFS determines that the New Brunswick weir fishery landed 
less than 2,942 mt of herring through October 1, NMFS will subtract 
1,000 mt from management uncertainty and reallocate that 1,000 mt to 
the ACL and Area 1A sub-ACL. NMFS will notify the Council of this 
adjustment and publish the adjustment in the Federal Register.
0
13. In Sec.  648.202, paragraph (b)(4)(iv) is revised to read as 
follows:


Sec.  648.202   Season and area restrictions.

* * * * *
    (b) * * *
    (4) * * *
    (iv) Comply with the measures to address slippage specified in 
Sec.  648.11(m)(4)(iv) and (v) if the vessel was issued a Category A or 
B Herring Permit.
* * * * *
0
14. In Sec.  648.204, paragraph (a) is revised to read as follows:


Sec.  648.204   Possession restrictions.

    (a) A vessel must be issued and possess a valid Category A, B, C, 
or E Herring Permit (as defined in Sec.  648.4(a)(10)(iv) and (v)) to 
fish for, possess, or land more than 6,600 lb (3 mt) of Atlantic 
herring from any herring management area in the EEZ. A vessel must 
abide by any harvest restriction specified in Sec.  648.201 that has 
been implemented.
    (1) A vessel issued a Category A Herring Permit may fish for, 
possess, or land Atlantic herring with no possession restriction from 
any of the herring management areas defined in Sec.  648.200(f), 
provided none of the accountability measures or harvest restrictions 
specified in Sec.  648.201 have been implemented.
    (2) A vessel issued only a Category B Herring Permit may fish for, 
possess, or land Atlantic herring with no possession restriction only 
from Area 2 or Area 3, as defined in Sec.  648.200(f), provided none of 
the accountability measures or harvest restrictions specified in Sec.  
648.201 have been implemented. Such a vessel may fish in Area 1 only if 
issued a Category C or D Herring Permit, and only as authorized by the 
respective permit.
    (3) A vessel issued a Category C Herring Permit may fish for, 
possess, or land up to, but no more than, 55,000 lb (25 mt) of Atlantic 
herring in any calendar day, and is limited to one landing of herring 
per calendar day, from any management area defined in Sec.  648.200(f), 
provided none of the accountability measures or harvest restrictions 
specified in Sec.  648.201 have been implemented.
    (4) A vessel issued a Category D Herring Permit may fish for, 
possess, or land up to, but no more than, 6,600 lb (3 mt) of Atlantic 
herring from any herring management area per trip, and is limited to 
one landing of herring per calendar day, provided none of the 
accountability measures or harvest restrictions specified in Sec.  
648.201 have been implemented.
    (5) A vessel issued a Category E Herring Permit may fish for, 
possess, or land up to, but no more than, 20,000 lb (9 mt) of Atlantic 
herring from only Area 2 or Area 3, as defined in Sec.  648.200(f), per 
trip, and is limited to one landing of herring per calendar day, 
provided none of the accountability measures or harvest restrictions 
specified in Sec.  648.201 have been implemented.
    (6) A vessel issued a herring permit may possess herring roe 
provided that the carcasses of the herring from which it came are not 
discarded at sea.
* * * * *
0
15. Sec.  648.205 is revised to read as follows:


Sec.  648.205   VMS requirements.

    The owner or operator any vessel issued a Category A, B, C, or E 
Herring Permit, with the exception of fixed gear fishermen, must 
install and operate a VMS unit consistent with the requirements of 
Sec.  648.9. The VMS unit must be installed on board, and must be 
operable before the vessel may begin fishing. Atlantic herring carrier 
vessels are not required to have VMS. (See Sec.  648.10(m) for VMS 
notification requirements.)

[FR Doc. 2020-01078 Filed 1-27-20; 8:45 am]
 BILLING CODE 3510-22-P