Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2022 Specifications, 64722-64723 [2022-23304]

Download as PDF 64722 Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Rules and Regulations 553(d), there is good cause to waive the 30-day delay in effectiveness. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 21, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–23300 Filed 10–21–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration metric tons (mt) for the remainder of 2022. This action is required by the herring regulations when, based on data through October 1, NMFS determines that the New Brunswick weir fishery landed less than 3,012 mt of herring. This notification informs the public of these catch limit changes. DATES: Effective October 21, 2022, through December 31, 2022. FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy Analyst, (978) 281–99272; or Carrie.Nordeen@ noaa.gov. NMFS published final 2022 specifications for the Atlantic Herring Fishery Management Plan on January 7, 2022 (87 FR 887), establishing the 2022 annual catch limit (ACL) and area subACLs. Table 1 shows the current herring specifications for 2022 and the specifications as revised by this action for the remainder of the calendar year. The NMFS Regional Administrator tracks herring landings in the New Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h) require that if the New Brunswick weir fishery landings through October 1 are determined to be less than 3,012 mt, then NMFS subtracts 1,000 mt from the management uncertainty buffer and reallocates that amount to the ACL and SUPPLEMENTARY INFORMATION: 50 CFR Part 648 [Docket No. 210325–0071; RTID 0648– XC475] Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2022 Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS increases the 2022 Atlantic herring annual catch limit and Area 1A sub-annual catch limit by 1,000 SUMMARY: Area 1A sub-ACL. When such a determination is made, NMFS is required to notify the New England Fishery Management Council and publish the ACL and Area 1A sub-ACL adjustment in the Federal Register. Information from Canada’s Department of Fisheries and Oceans indicates that the New Brunswick weir fishery landed 1,385 mt of herring through October 1, 2022. Therefore, the Regional Administrator determined that, effective October 21, 2022, 1,000 mt will be reallocated from the management uncertainty buffer to the Area 1A subACL and the ACL. This 1,000 mt reallocation increases the Area 1A subACL from 1,075 mt to 2,075 mt and the ACL from 3,813 mt to 4,813 mt for the remainder of 2022. Additionally, NMFS will use the adjusted allocations when we project whether catch from Area 1A will reach 92 percent of the Area 1A sub-ACL, or whether overall herring catch will reach 95 percent of the ACL. When Area 1A catch is projected to reach 92 percent of the Area 1A sub-ACL, catch from this area is reduced to 2,000 lb (907 kilogram (kg)) per trip, per calendar day. When overall catch is projected to reach 95 percent of the ACL, then catch in or from all herring management areas is limited to 2,000 lb (907 kilogram (kg)) per trip, per calendar day. TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2022 Current specifications (mt) Overfishing Limit ................................................ Acceptable Biological Catch .............................. Management Uncertainty ................................... Optimum Yield/ACL ........................................... Domestic Annual Harvest .................................. Border Transfer .................................................. Domestic Annual Processing ............................. U.S. At-Sea Processing ..................................... Area 1A Sub-ACL .............................................. Area 1B Sub-ACL .............................................. Area 2 Sub-ACL ................................................. Area 3 Sub-ACL ................................................. Fixed Gear Set-Aside ........................................ Research Set-Aside (RSA)* ............................... Adjusted specifications (mt) 26,292 .............................................................. 8,767 ................................................................ 4,669 ................................................................ 3,813 ................................................................ 3,813 ................................................................ 0 ....................................................................... 3,813 ................................................................ 0 ....................................................................... 1,075 ................................................................ 0 ....................................................................... 1,300 ................................................................ 1,824 ................................................................ 30 ..................................................................... 0 percent of each sub-ACL .............................. 26,292. 8,767. 3,669. 4,813. 4,813. 0. 4,813. 0. 2,075. 0. 1,300. 1,824. 30. 0 percent of each sub-ACL. lotter on DSK11XQN23PROD with RULES1 * Because RSA participants are not pursuing RSA in 2022, we did not deduct it from the sub-ACLs. RSA will be revisited for 2023–2025 specifications. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 648, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public VerDate Sep<11>2014 16:06 Oct 25, 2022 Jkt 259001 comment on this inseason adjustment because it would be unnecessary and contrary to the public interest. This action allocates a portion of the management uncertainty buffer to the ACL and Area 1A sub-ACL for the remainder of the calendar year pursuant to a previously published regulation that provides no discretionary decisionmaking. This reallocation process was the subject of prior notice and comment PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 rulemaking. The adjustment is routine and formulaic, required by regulation, and is expected by industry. The potential to reallocate the management uncertainty buffer was also outlined in the 2021–2023 herring specifications that were published April 1, 2021 (86 FR 17081), which were developed through public notice and comment. Further, this reallocation provides additional economic opportunity for the E:\FR\FM\26OCR1.SGM 26OCR1 Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Rules and Regulations herring fleet. If implementation of this action is delayed to solicit public comment, the objective of the fishery management plan to achieve optimum yield in the fishery could be compromised. Deteriorating weather conditions during the latter part of the fishing year may reduce fishing effort, and could also prevent the ACL from being fully harvested. This would result in a negative economic impact on vessels permitted to fish in this fishery. Based on these considerations, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–23304 Filed 10–21–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220216–0049; RTID 0648– XC376] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. lotter on DSK11XQN23PROD with RULES1 AGENCY: VerDate Sep<11>2014 16:06 Oct 25, 2022 Jkt 259001 NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2022 total allowable catch of pollock in Statistical Area 620 in the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 21, 2022, through 2400 hours, A.l.t., December 31, 2022. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2022 total allowable catch (TAC) of pollock in Statistical Area 620 of the GOA is 69,250 metric tons (mt) as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2022 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 69,150 mt and is setting aside the remaining 100 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 64723 Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA. While this closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion, and would delay the closure of pollock in Statistical Area 620 in the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 20, 2022. The Assistant Administrator for Fisheries, NOAA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Authority: 16 U.S.C. 1801 et seq. Dated: October 20, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–23244 Filed 10–21–22; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\26OCR1.SGM 26OCR1

Agencies

[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64722-64723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23304]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210325-0071; RTID 0648-XC475]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustment to the 2022 Specifications

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

ACTION: Temporary rule; inseason adjustment.

-----------------------------------------------------------------------

SUMMARY: NMFS increases the 2022 Atlantic herring annual catch limit 
and Area 1A sub-annual catch limit by 1,000 metric tons (mt) for the 
remainder of 2022. This action is required by the herring regulations 
when, based on data through October 1, NMFS determines that the New 
Brunswick weir fishery landed less than 3,012 mt of herring. This 
notification informs the public of these catch limit changes.

DATES: Effective October 21, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, (978) 281-99272; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published final 2022 specifications for 
the Atlantic Herring Fishery Management Plan on January 7, 2022 (87 FR 
887), establishing the 2022 annual catch limit (ACL) and area sub-ACLs. 
Table 1 shows the current herring specifications for 2022 and the 
specifications as revised by this action for the remainder of the 
calendar year.
    The NMFS Regional Administrator tracks herring landings in the New 
Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h) 
require that if the New Brunswick weir fishery landings through October 
1 are determined to be less than 3,012 mt, then NMFS subtracts 1,000 mt 
from the management uncertainty buffer and reallocates that amount to 
the ACL and Area 1A sub-ACL. When such a determination is made, NMFS is 
required to notify the New England Fishery Management Council and 
publish the ACL and Area 1A sub-ACL adjustment in the Federal Register.
    Information from Canada's Department of Fisheries and Oceans 
indicates that the New Brunswick weir fishery landed 1,385 mt of 
herring through October 1, 2022. Therefore, the Regional Administrator 
determined that, effective October 21, 2022, 1,000 mt will be 
reallocated from the management uncertainty buffer to the Area 1A sub-
ACL and the ACL. This 1,000 mt reallocation increases the Area 1A sub-
ACL from 1,075 mt to 2,075 mt and the ACL from 3,813 mt to 4,813 mt for 
the remainder of 2022.
    Additionally, NMFS will use the adjusted allocations when we 
project whether catch from Area 1A will reach 92 percent of the Area 1A 
sub-ACL, or whether overall herring catch will reach 95 percent of the 
ACL. When Area 1A catch is projected to reach 92 percent of the Area 1A 
sub-ACL, catch from this area is reduced to 2,000 lb (907 kilogram 
(kg)) per trip, per calendar day. When overall catch is projected to 
reach 95 percent of the ACL, then catch in or from all herring 
management areas is limited to 2,000 lb (907 kilogram (kg)) per trip, 
per calendar day.

            Table 1--Atlantic Herring Specifications for 2022
------------------------------------------------------------------------
                                        Current            Adjusted
                                    specifications      specifications
                                         (mt)                (mt)
------------------------------------------------------------------------
Overfishing Limit...............  26,292............  26,292.
Acceptable Biological Catch.....  8,767.............  8,767.
Management Uncertainty..........  4,669.............  3,669.
Optimum Yield/ACL...............  3,813.............  4,813.
Domestic Annual Harvest.........  3,813.............  4,813.
Border Transfer.................  0.................  0.
Domestic Annual Processing......  3,813.............  4,813.
U.S. At-Sea Processing..........  0.................  0.
Area 1A Sub-ACL.................  1,075.............  2,075.
Area 1B Sub-ACL.................  0.................  0.
Area 2 Sub-ACL..................  1,300.............  1,300.
Area 3 Sub-ACL..................  1,824.............  1,824.
Fixed Gear Set-Aside............  30................  30.
Research Set-Aside (RSA)*.......  0 percent of each   0 percent of each
                                   sub-ACL.            sub-ACL.
------------------------------------------------------------------------
* Because RSA participants are not pursuing RSA in 2022, we did not
  deduct it from the sub-ACLs. RSA will be revisited for 2023-2025
  specifications.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on this inseason adjustment because it would be 
unnecessary and contrary to the public interest. This action allocates 
a portion of the management uncertainty buffer to the ACL and Area 1A 
sub-ACL for the remainder of the calendar year pursuant to a previously 
published regulation that provides no discretionary decision-making. 
This reallocation process was the subject of prior notice and comment 
rulemaking. The adjustment is routine and formulaic, required by 
regulation, and is expected by industry. The potential to reallocate 
the management uncertainty buffer was also outlined in the 2021-2023 
herring specifications that were published April 1, 2021 (86 FR 17081), 
which were developed through public notice and comment. Further, this 
reallocation provides additional economic opportunity for the

[[Page 64723]]

herring fleet. If implementation of this action is delayed to solicit 
public comment, the objective of the fishery management plan to achieve 
optimum yield in the fishery could be compromised. Deteriorating 
weather conditions during the latter part of the fishing year may 
reduce fishing effort, and could also prevent the ACL from being fully 
harvested. This would result in a negative economic impact on vessels 
permitted to fish in this fishery. Based on these considerations, NMFS 
further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 
30-day delayed effectiveness period for the reasons stated above.

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

    Dated: October 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23304 Filed 10-21-22; 4:15 pm]
BILLING CODE 3510-22-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.