Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; 2023-2025 Atlantic Herring Fishery Specifications, 17397-17403 [2023-05797]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
they qualify for an exemption.
Applicants who utilize a competitive
bidding exemption may proceed
directly to filing a funding request as
described in § 54.623.
*
*
*
*
*
(e) * * *
(1) * * *
(i) The health care provider seeking
supported services is a public or
nonprofit entity that falls within one of
the categories set forth in the definition
of health care provider, listed in
§ 54.600;
*
*
*
*
*
§ 54.627
[Amended]
7. Amend § 54.627 by:
a. Removing paragraphs (c)(1) and (2);
b. Redesignating paragraph (c)(3) as
paragraph (c)(1); and
■ c. Adding reserved paragraph (c)(2).
■ 8. Delayed indefinitely, further amend
§ 54.627 by revising newly redesignated
paragraph (c)(1)(i)(D) to read as follows:
■
■
■
§ 54.627 Invoicing process and
certifications.
*
*
*
*
*
(c) * * *
(1) * * *
(i) * * *
(D) It has examined the invoice form
and supporting documentation and that
to the best of its knowledge, information
and belief, all statements of fact
contained in the invoice form and
supporting documentation are true;
*
*
*
*
*
[FR Doc. 2023–04991 Filed 3–22–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230316–0077]
RIN 0648–BL90
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; 2023–2025
Atlantic Herring Fishery Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
This interim rule implements
2023–2025 Atlantic herring fishery
specifications, subject to public
comment. This action also removes
SUMMARY:
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
possession limits in Herring
Management Area 1B and Area 3,
adjusts 2023 fishery specifications to
account either for Management Area
catch limit overages or carryover of
unharvested catch from 2021, updates
the target rebuilding date for herring,
removes the inshore midwater trawl
restricted area regulations, corrects
typographical errors in several existing
regulations, and restores regulatory
requirements that were unintentionally
removed from the Code of Federal
Regulations. This action is necessary to
respond to updated scientific
information from a 2022 management
track assessment and to achieve the
goals and objectives of the Atlantic
Herring Fishery Management Plan. The
approved measures are intended to help
prevent overfishing, rebuild the
overfished herring stock, achieve
optimum yield on a continuing basis,
and ensure that management measures
are based on the best scientific
information available.
DATES: Effective March 23, 2023. Public
comments must be received by April 24,
2023.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2023–0015,
by the following method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0015 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method or received after the end
of the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of the 2023–2025 herring
specifications action, including the
Supplemental Information Report (SIR)
and the Regulatory Impact Review (RIR)
prepared by the New England Fishery
Management Council in support of this
action, are available from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
These documents are also accessible via
the internet at https://www.nefmc.org/
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
17397
management-plans/herring or https://
www.regulations.gov. Copies of the
small entity compliance guide are
available from on the internet at: https://
www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, (978) 281–9196,
Maria.Fenton@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background
2. Summary of Approved Measures
3. 2023–2025 Herring Fishery Specifications
4. Removal of 2,000-lb (907.2-kg) Possession
Limits From Area 1B and Area 3
5. Adjustments to 2023 Herring Fishery
Specifications
6. Revision to the Herring Rebuilding Plan
7. Removal of Inshore Midwater Trawl
Restricted Area Regulations
8. Other Administrative Revisions and
Corrections
1. Background
Regulations implementing the
Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648,
subpart K. The regulations at § 648.200
require the New England Fishery
Management Council to recommend
herring specifications for NMFS’ review
and publication in the Federal Register,
including: The overfishing limit (OFL);
acceptable biological catch (ABC);
annual catch limit (ACL); optimum
yield (OY); management uncertainty;
domestic annual harvest (DAH);
domestic annual processing (DAP); U.S.
at-sea processing (USAP); border
transfer; the sub-ACL for each
management area, including seasonal
periods as specified by § 648.201(d) and
modifications to sub-ACLs as specified
by § 648.201(f); and the amount to be
set aside for the research set-aside (RSA)
(0–3 percent of the sub-ACL from any
management area) for a period of 3
years. These regulations also provide
the Council with the discretion to
modify accountability measures,
possession limits, river herring
monitoring/avoidance areas, and river
herring and shad catch caps through the
specifications process.
Consistent with the opportunity for
public comment provided by the
regulations, NMFS is implementing
these specifications as recommended by
the Council, subject to further
consideration of additional public
comments in response to this rule.
Immediate implementation pending
consideration of public comment allows
herring fishery participants increased
fishing opportunities consistent with
the higher catch limits in this action.
The specifications implemented in this
action are consistent with the ABC
E:\FR\FM\23MRR1.SGM
23MRR1
17398
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
control rule put in place by Amendment
8 to the Atlantic Herring FMP and are
responsive to updated assessment data,
both of which have been subject to
robust public comment during the
development of Amendment 8 and these
specifications. The specifications are
formulaic and dependent on applying
updated data to the ABC control rule, a
rule that was developed using a
comprehensive management strategy
evaluation process. The resulting
recommendations were closely analyzed
and commented on during their
development. Further opportunity for
public comment after implementing
these measures will help ensure there
have been no significant omissions or
errors, or other information that might
warrant changes. NMFS will publish a
subsequent final rule if NMFS receives
any significant comments.
The Northeast Fisheries Science
Center completed the most recent
herring management track assessment in
June 2022. The results of the 2022
assessment indicated that the stock is
overfished but overfishing is not
occurring, which is unchanged from the
2020 assessment. The 2022 assessment
updated fishery catch data, survey
indices, life history parameters,
biological reference points, and several
assumptions in the model used to
generate short-term biomass projections.
The Council’s Scientific and Statistical
Committee (SSC) met on August 4,
2022, to review the results of the 2022
assessment and make OFL and ABC
recommendations for 2023–2025. The
Herring Plan Development Team (PDT)
recommended that the SSC base its OFL
and ABC recommendations on the ABC
control rule, which is consistent with
the herring rebuilding plan that was
implemented in August 2022. The SSC
considered the PDT’s recommendation;
however, due to the amount of scientific
uncertainty in the stock assessment and
concerns over the magnitude of the
increase in projected 2024–2025 OFLs
and ABCs, the SSC also considered
holding the 2023 OFL and ABC values
constant during 2023–2025. Because the
ABC control rule was developed using
a rigorous management strategy
evaluation, use of the ABC control rule
is consistent with the herring rebuilding
plan, and the PDT’s recommended
specifications incorporate updated
assessment information, the SSC
ultimately decided to recommend the
PDT’s recommended OFLs and ABCs.
The Council finalized its 2023–2025
herring fishery specification
recommendations during its September
2022 meeting. The Council’s
recommendations are consistent with
the advice of the SSC and the PDT.
The Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) permits NMFS
to approve, partially approve, or
disapprove measures proposed by the
Council based only on whether the
measures are consistent with the fishery
management plan, plan amendment, the
Magnuson-Stevens Act and its National
Standards, and other applicable law.
NMFS intended to propose the
Council’s recommended specifications
prior to implementing them. However,
in order to ensure that revised 2023
herring fishery specifications are
implemented as soon after the start of
the fishing year (January 1, 2023) as
possible, NMFS is implementing 2023–
2025 herring fishery specifications and
other management measures through
this interim final rule, subject to further
consideration of public comments. If
implementation of revised 2023
specifications is delayed, the herring
fleet may miss out on the economic
opportunities associated with these
specifications.
2. Summary of Approved Measures
This action implements the Council’s
recommended 2023–2025 herring
fishery specifications pursuant to the
administrative authority granted to
NMFS under the Magnuson-Stevens
Conservation and Management Act at
section 305(d). The specifications
include OFL, ABC, ACL, OY,
management uncertainty, DAH, DAP,
USAP, border transfer, management area
sub-ACLs, RSA, and river herring/shad
catch caps for each year during 2023–
2025.
This action also implements a number
of other measures that are not part of the
2023–2025 herring fishery specifications
action, pursuant to the administrative
authority granted to NMFS under the
Magnuson-Stevens Act at section
305(d). NMFS is implementing these
measures in conjunction with the 2023–
2025 herring fishery specifications
action for expediency purposes, and
because some of these measures are
related to the specifications being
implemented through this action. The
additional measures being implemented
through this action are listed below:
• Removal of 2,000-lb (907.2-kg)
Possession Limits from Area 1B and
Area 3—this action removes 2,000-lb
(907.2-kg) possession limits for herring
in Area 1B and Area 3 that were
implemented in January 2023;
• Adjustments to 2023 herring fishery
specifications—this action announces
adjustments to the 2023 herring fishery
specifications in order to account for
catch overages and carryover of
unharvested catch from 2021;
• Revision to the herring rebuilding
plan—this action revises the target
rebuilding date for herring;
• Removal of inshore midwater trawl
restricted area regulations—this action
removes the inshore midwater trawl
restricted area; and
• Other administrative revisions and
corrections—this action corrects a
typographical error in the coordinates
for the Western Gulf of Maine Habitat
Management Area, revises an incorrect
regulatory citation in the herring
regulations pertaining to measures to
address slippage on vessels issued a
Category A or B herring permit, and
restores general recordkeeping and
reporting requirements that were
unintentionally removed from the Code
of Federal Regulations.
3. 2023–2025 Herring Fishery
Specifications
This action implements the Council’s
recommended 2023–2025 herring
fishery specifications. In 2021, the
interim final rule implementing
Framework Adjustment 8 to the Atlantic
Herring FMP set herring fishery
specifications for 2021–2023 based on
the results of a 2020 management track
assessment (86 FR 17081, April 1, 2021).
This action replaces the default 2023
specifications that were implemented
through Framework 8 (Table 1).
ddrumheller on DSK120RN23PROD with RULES1
TABLE 1—SUMMARY OF DEFAULT AND REVISED 2023–2025 HERRING FISHERY SPECIFICATIONS
[mt]
Default values
(Framework 8)
Specification
2023
OFL ..........................................................................................................................
ABC ..........................................................................................................................
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
44,600
8,767
E:\FR\FM\23MRR1.SGM
Revised values
2023
29,138
16,649
23MRR1
2024
32,233
23,409
2025
40,727
28,181
17399
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
TABLE 1—SUMMARY OF DEFAULT AND REVISED 2023–2025 HERRING FISHERY SPECIFICATIONS—Continued
[mt]
Default values
(Framework 8)
Specification
2023
2023
Management Uncertainty * .......................................................................................
OY/ACL ....................................................................................................................
DAH .........................................................................................................................
Border Transfer ........................................................................................................
DAP ..........................................................................................................................
USAP .......................................................................................................................
Area 1A sub-ACL (28.9%) .......................................................................................
Area 1B sub-ACL (4.3%) .........................................................................................
Area 2 sub-ACL (27.8%) .........................................................................................
Area 3 sub-ACL (39%) ............................................................................................
Fixed Gear Set-Aside ..............................................................................................
RSA as % of sub-ACL .............................................................................................
Revised values
4,669
4,098
4,098
0
4,098
0
1,184
176
1,139
1,598
30
0%
2024
4,220
* 12,429
12,429
0
12,429
0
* 3,592
534
3,455
4,847
30
0%
2025
4,220
* 19,189
19,189
0
19,189
0
* 5,546
825
5,335
7,484
30
0%
4,220
* 23,961
23,961
0
23,961
0
* 6,925
1,030
6,661
9,345
30
0%
* If New Brunswick weir landings are less than 2,722 mt through October 1, then 1,000 mt will be subtracted from the management uncertainty
buffer and reallocated to the Area 1A sub-ACL and the ACL.
OFL
This action decreases the 2023 OFL
by 35 percent relative to the default
2023 OFL that was implemented
through Framework 8. The difference
between the default and revised 2023
OFLs is due to the data updates and
changes that were made in the model
assumptions during the 2022
assessment. The 2023 OFL decreased for
two reasons: Fishing mortality at
maximum sustainable yield (FMSY) was
lower in the 2022 assessment than it
was in the 2020 assessment (0.50 and
0.54, respectively); and projected 2023
biomass was much lower in the 2022
assessment than it was in the 2020
assessment (79,231 mt and 130,616 mt,
respectively).
ABC
This action increases the 2023 ABC by
90 percent relative to the default 2023
ABC that was implemented through
Framework 8. The difference between
the default and revised 2023 ABCs are
due to the data updates and changes
that were made in the model
assumptions during the 2022
assessment. Under the ABC control rule,
the target F that defines the ABC
depends on the ratio of spawning stock
biomass (SSB) to SSBMSY. The larger the
ratio, the bigger the target F and ABC,
and vice-versa. MSY reference points
were revised during the 2022
management track assessment and, as a
result, SSBMSY decreased relative to the
2020 assessment. This caused the ratio
of SSB to SSBMSY to increase relative to
the 2020 assessment, resulting in a
higher 2023 ABC.
Management Uncertainty
The herring ACL is reduced from the
ABC in order to account for
management uncertainty. The Atlantic
Herring FMP states that sources of
management uncertainty can include,
but are not limited to, uncertainty
surrounding catch in the New
Brunswick weir fishery and herring
discard estimates in Federal and state
waters. Currently, the only source of
management uncertainty that is applied
to the 2023–2025 ABCs is catch in the
New Brunswick weir fishery. Since
Framework Adjustment 6 to the Atlantic
Herring FMP was implemented in 2020
(85 FR 26874, May 6, 2020),
management uncertainty has been
calculated as the average annual
landings in the New Brunswick weir
fishery over the most recent 10-year
period. Landings in the weir fishery are
highly variable, fluctuating with herring
availability and fishing effort. Using
landings data from a 10-year period
captures this variability. This action
maintains the same approach for
calculating management uncertainty.
The resulting management uncertainty
buffer (4,220 mt) is based on New
Brunswick weir fishery landings during
2012–2021.
New Brunswick Weir Adjustment
This rule modifies the New
Brunswick weir adjustment regulations
at § 648.201(h) to state that if NMFS
determines that the weir fishery landed
less than 2,722 mt of herring through
October 1, NMFS will subtract 1,000 mt
from the management uncertainty buffer
and reallocate that 1,000 mt to the Area
1A sub-ACL and the ACL. Currently,
§ 648.201(h) states that this transfer will
be completed if NMFS determines that
the New Brunswick weir fishery landed
less than 3,012 mt of herring through
October 1. Since 2016, the transfer
trigger has been calculated based on a
proportion (64.5 percent) of the
management uncertainty buffer. This
action maintains the same approach for
calculating the transfer trigger, which in
this instance results in 2,722 mt.
Other Specifications Components
The Council recommended keeping
the remainder of the 2023–2025 herring
specifications status quo and/or using
status quo methodology to calculate
them. This action also maintains status
quo river herring and shad catch caps
for 2023–2025 (Table 2).
ddrumheller on DSK120RN23PROD with RULES1
TABLE 2—2023–2025 RIVER HERRING AND SHAD CATCH CAPS
[mt]
Default values
Revised values
2023
2023–2025
Catch cap
Midwater Trawl Gulf of Maine .........................................................................................................................
Midwater Trawl Cape Cod ...............................................................................................................................
Midwater Trawl Southern New England and Mid-Atlantic ...............................................................................
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\23MRR1.SGM
76.7
32.4
129.6
23MRR1
76.7
32.4
129.6
17400
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
TABLE 2—2023–2025 RIVER HERRING AND SHAD CATCH CAPS—Continued
[mt]
Default values
Revised values
2023
2023–2025
Catch cap
Bottom Trawl Southern New England and Mid-Atlantic ..................................................................................
4. Removal of 2,000-lb (907.2-kg)
Possession Limits From Area 1B and
Area 3
Herring regulations at
§ 648.201(a)(1)(i)(A) require NMFS to
implement a 2,000-lb (907.2-kg) herring
possession limit for Area 1B beginning
on the date that catch is projected to
reach 92 percent of the sub-ACL for that
area. Herring regulations at
§ 648.201(a)(1)(i)(B)(2) require NMFS to
implement a 2,000-lb (907.2-kg) herring
possession limit for Area 3 beginning on
the date that catch is projected to reach
98 percent of the sub-ACL for that area.
In 2021, the interim final rule
implementing Framework 8 set herring
fishery specifications for 2021–2023. By
regulation, these specifications remain
in place until they are replaced by new
specifications. The updated 2023
herring fishery specifications being
implemented through this action
replace the default 2023 specifications
that were previously implemented
through Framework 8. However, until
this action becomes effective, the
herring fishery will continue to operate
under the default 2023 specifications.
The fishery has been operating under
the default 2023 specifications since
January 1, 2023.
Based on dealer reports, state data,
and other available information, NMFS
estimated that the herring fleet had
harvested 92 percent of the default 2023
Area 1B sub-ACL by January 6, 2023,
and 98 percent of the default 2023 Area
3 sub-ACL by January 10, 2023.
Therefore, in January 2023, NMFS
implemented 2,000-lb (907.2-kg)
possession limits in Area 1B and Area
3 (88 FR 2271, January 13, 2023; and 88
FR 2859, January 18, 2023,
respectively). The updated 2023 Area
1B and Area 3 sub-ACLs implemented
through this action are higher than the
default 2023 Area 1B and Area 3 subACLs that were implemented through
Framework 8. Because these sub-ACLs
are increased through this action, the
amount of herring that has been caught
in Area 1B in 2023 does not exceed 92
percent of the updated 2023 Area 1B
sub-ACL, and the amount of herring that
has been caught in Area 3 in 2023 does
not exceed 98 percent of the updated
2023 Area 3 sub-ACL. Therefore, this
action removes the 2,000-lb (907.2-kg)
possession limits that were previously
implemented in Area 1B and Area 3.
If/when NMFS projects that herring
catch will exceed 92 percent of the
updated Area 1B sub-ACL, NMFS will
implement a 2,000-lb (907.2-kg)
possession limit in Area 1B in
accordance with the regulations at
§ 648.201(a)(1)(i)(A). If/when NMFS
projects that herring catch will exceed
90 percent of the updated Area 3 subACL, NMFS will implement a 40,000-lb
(18,143.7-kg) possession limit in Area 3
in accordance with the regulations at
122.3
122.3
§ 648.201(a)(1)(i)(B)(1). If/when NMFS
projects that herring catch will exceed
98 percent of the updated Area 3 subACL, NMFS will implement a 2,000-lb
(907.2-kg) possession limit in Area 3 in
accordance with the regulations at
§ 648.201(a)(1)(i)(B)(2).
5. Adjustments to 2023 Herring Fishery
Specifications
Herring regulations require that
unharvested catch (equaling up to 10
percent of the initial sub-ACL) from a
herring management area in a given
fishing year shall be carried over and
added to the sub-ACL for that
management area in the fishing year
following total catch determination.
Carryover gets added to the applicable
management area sub-ACL, but it does
not get added to the ACL. Herring
regulations also require that if NMFS
determines that total catch exceeded a
management area sub-ACL by any
amount and the ACL was also exceeded
in a given fishing year, then NMFS shall
subtract the full amount of the sub-ACL
overage from the applicable sub-ACL
and the full amount of the ACL overage
from the ACL in the fishing year
following total catch determination.
This action announces adjustments to
the 2023 herring specifications to
account for carryover of unharvested
catch and catch overages from 2021
(Table 3).
TABLE 3—SUMMARY OF 2021 CATCH AND ADJUSTED 2023 HERRING FISHERY SPECIFICATIONS
[mt]
2021
Limits
(adjusted)
Specification
Area
Area
Area
Area
ACL
1A Sub-ACL .........................................................
1B Sub-ACL .........................................................
2 Sub-ACL ............................................................
3 Sub-ACL ............................................................
...............................................................................
2,609
239
652
2,181
5,128
2021
Final
catch
2,856
0
191
2,222
5,268
2021
Catch
(percent
of limits)
109
0
29
102
103
2021
Underages
(+) and
overages (¥)
Carryover
for 2023 *
¥247
239
461
¥41
¥140
Overage
deductions
for 2023
0
21
134
0
0
247
0
0
41
140
2023
Initial
values
3,592
534
3,455
4,847
12,429
2023
Adjusted
values
3,345
555
3,589
4,806
12,287
ddrumheller on DSK120RN23PROD with RULES1
* Up to 10 percent of the initial 2021 sub-ACL can be carried over to 2023.
6. Revision to the Herring Rebuilding
Plan
The final rule implementing
Framework Adjustment 9 to the Atlantic
Herring FMP established a rebuilding
plan for herring that became effective in
August 2022 (87 FR 42962; July 19,
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
2022). Analyses conducted during the
development of Framework 9 indicated
that under this rebuilding plan, the
herring stock could rebuild in 5 years
(by 2026) assuming long-term average
recruitment. New projections that were
generated for this action using updated
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
data indicate that the herring stock is no
longer likely to rebuild by 2026, but it
could rebuild by 2028. This action
revises the target rebuilding date for
herring to 2028 in order to reflect the
results of these updated analyses. This
still falls within the 10-year rebuilding
E:\FR\FM\23MRR1.SGM
23MRR1
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
period required under the MagnusonStevens Act.
7. Removal of Inshore Midwater Trawl
Restricted Area Regulations
In 2021, Amendment 8 to the Atlantic
Herring FMP prohibited the use of
midwater trawl gear inshore of 12
nautical miles (22 km) from the U.S./
Canada border to the Rhode Island/
Connecticut border and inshore of 20
nautical miles (37 km) off the east coast
of Cape Cod with the intent of
addressing issues of localized depletion
and user group conflict (86 FR 1810,
January 11, 2021). However, as a result
of litigation by midwater trawl industry
members, a Court ruled that this
measure was arbitrary and capricious
and violated the Administrative
Procedure Act based on a conclusion
that the available scientific information
did not sufficiently support that
localized depletion was occurring. The
Court further ruled that implementation
of the inshore midwater trawl restricted
area failed to comply with National
Standard 4 to the Magnuson-Stevens
Act because the rule did not sufficiently
demonstrate that the measure was
reasonably calculated to promote
conservation. As a result, the inshore
midwater trawl restricted area measures
were vacated. Accordingly, this action
removes the regulatory text that
implemented the inshore midwater
trawl restricted area from the
prohibitions at § 648.14, and the herring
regulations at § 648.202.
ddrumheller on DSK120RN23PROD with RULES1
8. Other Administrative Revisions and
Corrections
In 2016, Volume 3 of the Final
Environmental Impact Statement (FEIS)
prepared for the Omnibus Essential Fish
Habitat Amendment 2 contained
coordinates for the Western Gulf of
Maine Habitat Management Area
(HMA). In the FEIS, the longitude for
one of the points defining the Western
Gulf of Maine HMA (WGMH4) was
erroneously listed as 70°15′ W. The
correct longitude for this point is 70°00′
W. This typographical error was
repeated in the final rule (83 FR 15240)
implementing the Omnibus Essential
Fish Habitat Amendment 2. This action
corrects the coordinates for the Western
Gulf of Maine HMA (Table 4) at
§ 648.370(f)(1).
TABLE 4—CORRECTED COORDINATES
FOR THE WESTERN GULF OF MAINE
HMA
Point
N Latitude
WGMH1 .................
WGMH2 .................
WGMH3 .................
VerDate Sep<11>2014
W Longitude
43°15′ N
42°15′ N
42°15′ N
70°15′ W
70°15′ W
70°00′ W
16:18 Mar 22, 2023
Jkt 259001
17401
TABLE 4—CORRECTED COORDINATES January 10, 2023. NMFS has worked as
FOR THE WESTERN GULF OF MAINE quickly as possible to implement this
interim final rule while ensuring that
HMA—Continued
Point
N Latitude
WGMH4 .................
WGMH1 .................
43°15′ N
43°15′ N
W Longitude
70°00′ W
70°15′ W
Herring regulations at
§ 648.202(b)(4)(iv) reference regulations
containing measures to address slippage
on vessels issued a Category A or B
herring permit at § 648.11(m)(4)(iv) and
(v). However, the regulations containing
measures to address slippage on vessels
issued a Category A or B herring permit
are located at § 648.11(m)(7)(iv) through
(vi). This action corrects this regulatory
citation.
On January 1, 2023, regulatory text
pertaining to general recordkeeping and
reporting requirements at § 648.7(b)(1)
was unintentionally removed from the
Code of Federal Regulations. This action
restores the regulatory text that was
previously found at § 648.7(b)(1).
Classification
Pursuant to section 305(d) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) is
promulgating final regulations that have
been determined to be consistent with
the Atlantic Herring FMP, provisions of
the Magnuson-Stevens Act, and other
applicable law.
The AA finds good cause under 5
U.S.C. 553(b)(3)(B) that prior notice and
the opportunity for public comment on
this interim final rule would be contrary
to the public interest because it would
undermine the benefits conferred by the
measures in this action. The public is
anticipating the implementation of these
measures, since the Council voted on
recommended specifications during a
public meeting. Additionally, the
specifications implemented in this
action are formulaic and calculated by
applying the ABC control rule to
updated assessment data. Both the ABC
control rule and the updated fishery
data were closely analyzed and subject
to public comment during the
development of Amendment 8 and these
specifications. Further, the final
specifications being implemented
through this action need to be in place
as soon as possible after the start of the
herring fishing year on January 1, 2023.
If implementation of this action is
delayed, updated 2023 herring fishery
specifications may not be in effect
before the conclusion of the winter
fishery in Areas 1B and 3. If this occurs,
the herring fleet may miss out on the
economic opportunities associated with
the updated specification. The Council
submitted the final SIR to NMFS on
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
the rulemaking process is consistent
with the herring specifications
requirements at § 648.200. Last, NMFS
is accepting public comment on this
interim final rule, which will help
ensure there have been no significant
omissions or errors, or other information
that might warrant changes. NMFS will
publish a subsequent final rule if NMFS
receives any significant comments. If
information submitted during the public
comment period resulted in NMFS
approving and implementing reduced
fishery specifications, any overages of
those specifications that occurred before
NMFS implemented a final rule may
need to be deducted from the applicable
sub-ACLs and/or the ACL in a future
fishing year. Therefore, a potential final
rule would need to be implemented as
soon as possible.
For these same reasons, the AA also
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness for this interim final rule.
No additional time is required for any
regulated party to come into compliance
with the measures in this interim final
rule. In order to comply with this final
rule, herring vessels will simply need to
adhere to the new 2023 herring fishery
specifications.
The Office of Management and Budget
has determined that this final rule is not
significant pursuant to Executive Order
(E.O.) 12866.
This interim final rule does not
contain policies with federalism or
takings implications as those terms are
defined in E.O. 13132 and E.O. 12630,
respectively.
This final rule does not contain any
new information collection
requirements, including reporting or
recordkeeping requirements, for the
purposes of the Paperwork Reduction
Act.
This final rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is not required to
be issued with an opportunity for prior
notice and opportunity for public
comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 16, 2023.
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 amended
as follows:
E:\FR\FM\23MRR1.SGM
23MRR1
17402
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.7, add paragraph (b)(1) to
read as follows:
■
§ 648.7 Recordkeeping and reporting
requirements.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(b) * * *
(1) Fishing Vessel Trip Reports. The
owner or operator of any vessel issued
a valid permit, or eligible to renew a
limited access permit under this part
must maintain on board the vessel, and
submit, and accurate fishing log report
for each fishing trip, regardless of
species fished for or taken, by electronic
means. This report must be entered into
and submitted through a software
application approved by NMFS.
(i) Vessel owners or operators. With
the exception of those vessel owners or
operators fishing under a surfclam or
ocean quahog permit, at least the
following information as applicable and
any other information required by the
Regional Administrator must be
provided:
(A) Vessel name;
(B) USCG documentation number (or
state registration number, if
undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of crew;
(H) Number of anglers (if a charter or
party boat);
(I) Gear fished;
(J) Quantity and size of gear;
(K) Mesh/ring size;
(L) Chart area fished;
(M) Average depth;
(N) Latitude/longitude;
(O) Total hauls per area fished;
(P) Average tow time duration;
(Q) Hail weight, in pounds (or count
of individual fish, if a party or charter
vessel), by species, of all species, or
parts of species, such as monkfish
livers, landed or discarded; and, in the
case of skate discards, ‘‘small’’ (i.e., less
than 23 inches (58.42 cm), total length)
or ‘‘large’’ (i.e., 23 inches (58.42 cm) or
greater, total length) skates;
(R) Dealer permit number;
(S) Dealer name;
(T) Date sold, port and state landed;
and
(U) Vessel operator’s name, signature,
and operator’s permit number (if
applicable).
(ii) Atlantic mackerel owners or
operators. The owner or operator of a
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
vessel issued a limited access Atlantic
mackerel permit must report catch
(retained and discarded) of Atlantic
mackerel daily via VMS, unless
exempted by the Regional
Administrator. The report must include
at least the following information, and
any other information required by the
Regional Administrator: Fishing Vessel
Trip Report serial number; month, day,
and year Atlantic mackerel was caught;
total pounds of Atlantic mackerel
retained and total pounds of all fish
retained. Daily Atlantic mackerel VMS
catch reports must be submitted in 24–
hr intervals for each day and must be
submitted by 0900 hr on the following
day. Reports are required even if
Atlantic mackerel caught that day have
not yet been landed. This report does
not exempt the owner or operator from
other applicable reporting requirements
of this section.
(iii) Surfclam and Ocean Quahog
owners or operators. The owner or
operator of any vessel conducting any
surfclam and ocean quahog fishing
operations must provide at least the
following information and any other
information required by the Regional
Administrator:
(A) Name and permit number of the
vessel;
(B) Total amount in bushels of each
species taken;
(C) Date(s) caught;
(D) Time at sea;
(E) Duration of fishing time;
(F) Locality fished;
(G) Crew size;
(H) Crew share by percentage;
(I) Landing port;
(J) Date sold;
(K) Price per bushel;
(L) Buyer;
(M) Tag numbers from cages used;
(N) Quantity of surfclams and ocean
quahogs discarded; and
(O) Allocation permit number.
(iv) Private tilefish recreational vessel
owners and operators. The owner or
operator of any fishing vessel that holds
a Federal private recreational tilefish
permit, must report for each recreational
trip fishing for or retaining blueline or
golden tilefish in the Tilefish
Management Unit. The required Vessel
Trip Report must be submitted by
electronic means. This report must be
submitted through a NMFS-approved
electronic reporting system within 24
hours of the trip returning to port. The
vessel operator may keep paper records
while onboard and upload the data after
landing. The report must contain the
following information:
(A) Vessel name;
(B) USCG documentation number (or
state registration number, if
undocumented);
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of anglers;
(H) Species;
(I) Gear fished;
(J) Quantity and size of gear;
(K) Soak time;
(L) Depth;
(M) Chart Area;
(N) Latitude/longitude where fishing
occurred;
(O) Count of individual golden and
blueline tilefish landed or discarded;
and
(P) Port and state landed.
*
*
*
*
*
■ 3. In § 648.14, remove paragraphs
(r)(1)(vi)(H) and (I).
■ 4. In § 648.201, revise paragraph (h) to
read as follows:
§ 648.201
AMs and harvest controls.
*
*
*
*
*
(h) If NMFS determines that the New
Brunswick weir fishery landed less than
2,722 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.
■ 5. In § 648.202:
■ a. Remove and reserve paragraph
(a)(2); and
■ b. Revise paragraph (b)(4)(iv).
The revision reads as follows:
§ 648.202
*
Season and area restrictions.
*
*
*
*
(b)
(4) * * *
(iv) Comply with the measures to
address slippage specified in
§ 648.11(m)(7)(iv) through (vi) if the
vessel was issued a Category A or B
Herring Permit.
■ 6. In § 648.370, revise the Western
Gulf of Maine HMA table in paragraph
(f)(1) to read as follows:
§ 648.370
*
Habitat Management Areas.
*
*
(f) * * *
(1) * * *
*
*
TABLE 6 TO PARAGRAPH (f)(1)—
WESTERN GULF OF MAINE HMA
Point
WGMH1
WGMH2
WGMH3
WGMH4
WGMH1
E:\FR\FM\23MRR1.SGM
.................
.................
.................
.................
.................
23MRR1
N latitude
43°15′
42°15′
42°15′
43°15′
43°15′
N
N
N
N
N
W longitude
70°15′
70°15′
70°00′
70°00′
70°15′
W
W
W
W
W
Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations
*
*
*
*
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
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.
*
[FR Doc. 2023–05797 Filed 3–22–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
Classification
[Docket No. 230224–0053; RTID 0648–
XC726]
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.
AGENCY:
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 A season allowance of the 2023 total
allowable catch of pollock for Statistical
Area 620 in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 20, 2023,
through 1200 hours, A.l.t., May 31,
2023.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
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. 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 A season allowance of the 2023
total allowable catch (TAC) of pollock in
Statistical Area 620 of the GOA is
58,039 metric tons (mt) as established
by the final 2023 and 2024 harvest
specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allowance
of the 2023 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 57,839 mt and is
setting aside the remaining 200 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:18 Mar 22, 2023
Jkt 259001
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 March 19,
2023.
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: March 20, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–05998 Filed 3–20–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230306–0065; RTID 0648–
XC857]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
ACTION:
17403
Temporary rule; reallocation.
NMFS is reallocating the
projected unused amounts of the Aleut
Corporation’s and the Community
Development Quota (CDQ) pollock
directed fishing allowance (DFA) from
the Aleutian Islands subarea to the
Bering Sea subarea. This action is
necessary to provide the opportunity for
the harvest of the 2023 total allowable
catch of pollock, consistent with the
goals and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI).
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 23, 2023,
through 2400 hours, A.l.t., December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management 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.
In the Aleutian Islands subarea, the
portion of the 2023 pollock total
allowable catch (TAC) allocated to the
Aleut Corporation and CDQ DFA is
14,600 mt and 1,900 mt, respectively, as
established by the final 2023 and 2024
harvest specifications for groundfish in
the BSAI (88 FR 14926, March 10,
2023).
As of March 17, 2023, the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that 12,600 mt of the Aleut
Corporation’s DFA and 1,900 mt of
pollock CDQ DFA in the Aleutian
Islands subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 12,600 mt of the Aleut
Corporation’s DFA and 1,900 mt of
pollock CDQ DFA from the Aleutian
Islands subarea to the Bering Sea
subarea allocations. The 1,900 mt of
pollock CDQ DFA is added to the 2023
Bering Sea CDQ DFA. The 12,600 mt of
pollock Aleut Corporation’s DFA is
apportioned to the American Fisheries
Act (AFA) Inshore sector (50 percent),
AFA catcher/processor sector (40
percent), and the AFA mothership
sector (10 percent). The 2023 Bering Sea
subarea pollock incidental catch
SUMMARY:
E:\FR\FM\23MRR1.SGM
23MRR1
]]>Agencies
[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17397-17403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077]
RIN 0648-BL90
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; 2023-2025
Atlantic Herring Fishery Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule implements 2023-2025 Atlantic herring
fishery specifications, subject to public comment. This action also
removes possession limits in Herring Management Area 1B and Area 3,
adjusts 2023 fishery specifications to account either for Management
Area catch limit overages or carryover of unharvested catch from 2021,
updates the target rebuilding date for herring, removes the inshore
midwater trawl restricted area regulations, corrects typographical
errors in several existing regulations, and restores regulatory
requirements that were unintentionally removed from the Code of Federal
Regulations. This action is necessary to respond to updated scientific
information from a 2022 management track assessment and to achieve the
goals and objectives of the Atlantic Herring Fishery Management Plan.
The approved measures are intended to help prevent overfishing, rebuild
the overfished herring stock, achieve optimum yield on a continuing
basis, and ensure that management measures are based on the best
scientific information available.
DATES: Effective March 23, 2023. Public comments must be received by
April 24, 2023.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0015,
by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0015 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the comment period may not be considered by NMFS. All
comments received are a part of the public record and will generally be
posted for public viewing on www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
Copies of the 2023-2025 herring specifications action, including
the Supplemental Information Report (SIR) and the Regulatory Impact
Review (RIR) prepared by the New England Fishery Management Council in
support of this action, are available from Thomas A. Nies, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950. These documents are also accessible via the
internet at https://www.nefmc.org/management-plans/herring or https://www.regulations.gov. Copies of the small entity compliance guide are
available from on the internet at: https://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, (978) 281-9196, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background
2. Summary of Approved Measures
3. 2023-2025 Herring Fishery Specifications
4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and
Area 3
5. Adjustments to 2023 Herring Fishery Specifications
6. Revision to the Herring Rebuilding Plan
7. Removal of Inshore Midwater Trawl Restricted Area Regulations
8. Other Administrative Revisions and Corrections
1. Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648, subpart K. The regulations at
Sec. 648.200 require the New England Fishery Management Council to
recommend herring specifications for NMFS' review and publication in
the Federal Register, including: The overfishing limit (OFL);
acceptable biological catch (ABC); annual catch limit (ACL); optimum
yield (OY); management uncertainty; domestic annual harvest (DAH);
domestic annual processing (DAP); U.S. at-sea processing (USAP); border
transfer; the sub-ACL for each management area, including seasonal
periods as specified by Sec. 648.201(d) and modifications to sub-ACLs
as specified by Sec. 648.201(f); and the amount to be set aside for
the research set-aside (RSA) (0-3 percent of the sub-ACL from any
management area) for a period of 3 years. These regulations also
provide the Council with the discretion to modify accountability
measures, possession limits, river herring monitoring/avoidance areas,
and river herring and shad catch caps through the specifications
process.
Consistent with the opportunity for public comment provided by the
regulations, NMFS is implementing these specifications as recommended
by the Council, subject to further consideration of additional public
comments in response to this rule. Immediate implementation pending
consideration of public comment allows herring fishery participants
increased fishing opportunities consistent with the higher catch limits
in this action. The specifications implemented in this action are
consistent with the ABC
[[Page 17398]]
control rule put in place by Amendment 8 to the Atlantic Herring FMP
and are responsive to updated assessment data, both of which have been
subject to robust public comment during the development of Amendment 8
and these specifications. The specifications are formulaic and
dependent on applying updated data to the ABC control rule, a rule that
was developed using a comprehensive management strategy evaluation
process. The resulting recommendations were closely analyzed and
commented on during their development. Further opportunity for public
comment after implementing these measures will help ensure there have
been no significant omissions or errors, or other information that
might warrant changes. NMFS will publish a subsequent final rule if
NMFS receives any significant comments.
The Northeast Fisheries Science Center completed the most recent
herring management track assessment in June 2022. The results of the
2022 assessment indicated that the stock is overfished but overfishing
is not occurring, which is unchanged from the 2020 assessment. The 2022
assessment updated fishery catch data, survey indices, life history
parameters, biological reference points, and several assumptions in the
model used to generate short-term biomass projections. The Council's
Scientific and Statistical Committee (SSC) met on August 4, 2022, to
review the results of the 2022 assessment and make OFL and ABC
recommendations for 2023-2025. The Herring Plan Development Team (PDT)
recommended that the SSC base its OFL and ABC recommendations on the
ABC control rule, which is consistent with the herring rebuilding plan
that was implemented in August 2022. The SSC considered the PDT's
recommendation; however, due to the amount of scientific uncertainty in
the stock assessment and concerns over the magnitude of the increase in
projected 2024-2025 OFLs and ABCs, the SSC also considered holding the
2023 OFL and ABC values constant during 2023-2025. Because the ABC
control rule was developed using a rigorous management strategy
evaluation, use of the ABC control rule is consistent with the herring
rebuilding plan, and the PDT's recommended specifications incorporate
updated assessment information, the SSC ultimately decided to recommend
the PDT's recommended OFLs and ABCs. The Council finalized its 2023-
2025 herring fishery specification recommendations during its September
2022 meeting. The Council's recommendations are consistent with the
advice of the SSC and the PDT.
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) permits NMFS to approve, partially approve, or
disapprove measures proposed by the Council based only on whether the
measures are consistent with the fishery management plan, plan
amendment, the Magnuson-Stevens Act and its National Standards, and
other applicable law. NMFS intended to propose the Council's
recommended specifications prior to implementing them. However, in
order to ensure that revised 2023 herring fishery specifications are
implemented as soon after the start of the fishing year (January 1,
2023) as possible, NMFS is implementing 2023-2025 herring fishery
specifications and other management measures through this interim final
rule, subject to further consideration of public comments. If
implementation of revised 2023 specifications is delayed, the herring
fleet may miss out on the economic opportunities associated with these
specifications.
2. Summary of Approved Measures
This action implements the Council's recommended 2023-2025 herring
fishery specifications pursuant to the administrative authority granted
to NMFS under the Magnuson-Stevens Conservation and Management Act at
section 305(d). The specifications include OFL, ABC, ACL, OY,
management uncertainty, DAH, DAP, USAP, border transfer, management
area sub-ACLs, RSA, and river herring/shad catch caps for each year
during 2023-2025.
This action also implements a number of other measures that are not
part of the 2023-2025 herring fishery specifications action, pursuant
to the administrative authority granted to NMFS under the Magnuson-
Stevens Act at section 305(d). NMFS is implementing these measures in
conjunction with the 2023-2025 herring fishery specifications action
for expediency purposes, and because some of these measures are related
to the specifications being implemented through this action. The
additional measures being implemented through this action are listed
below:
Removal of 2,000-lb (907.2-kg) Possession Limits from Area
1B and Area 3--this action removes 2,000-lb (907.2-kg) possession
limits for herring in Area 1B and Area 3 that were implemented in
January 2023;
Adjustments to 2023 herring fishery specifications--this
action announces adjustments to the 2023 herring fishery specifications
in order to account for catch overages and carryover of unharvested
catch from 2021;
Revision to the herring rebuilding plan--this action
revises the target rebuilding date for herring;
Removal of inshore midwater trawl restricted area
regulations--this action removes the inshore midwater trawl restricted
area; and
Other administrative revisions and corrections--this
action corrects a typographical error in the coordinates for the
Western Gulf of Maine Habitat Management Area, revises an incorrect
regulatory citation in the herring regulations pertaining to measures
to address slippage on vessels issued a Category A or B herring permit,
and restores general recordkeeping and reporting requirements that were
unintentionally removed from the Code of Federal Regulations.
3. 2023-2025 Herring Fishery Specifications
This action implements the Council's recommended 2023-2025 herring
fishery specifications. In 2021, the interim final rule implementing
Framework Adjustment 8 to the Atlantic Herring FMP set herring fishery
specifications for 2021-2023 based on the results of a 2020 management
track assessment (86 FR 17081, April 1, 2021). This action replaces the
default 2023 specifications that were implemented through Framework 8
(Table 1).
Table 1--Summary of Default and Revised 2023-2025 Herring Fishery Specifications
[mt]
----------------------------------------------------------------------------------------------------------------
Default values Revised values
(Framework 8) --------------------------------------
Specification ------------------
2023 2023 2024 2025
----------------------------------------------------------------------------------------------------------------
OFL.................................................... 44,600 29,138 32,233 40,727
ABC.................................................... 8,767 16,649 23,409 28,181
[[Page 17399]]
Management Uncertainty *............................... 4,669 4,220 4,220 4,220
OY/ACL................................................. 4,098 * 12,429 * 19,189 * 23,961
DAH.................................................... 4,098 12,429 19,189 23,961
Border Transfer........................................ 0 0 0 0
DAP.................................................... 4,098 12,429 19,189 23,961
USAP................................................... 0 0 0 0
Area 1A sub-ACL (28.9%)................................ 1,184 * 3,592 * 5,546 * 6,925
Area 1B sub-ACL (4.3%)................................. 176 534 825 1,030
Area 2 sub-ACL (27.8%)................................. 1,139 3,455 5,335 6,661
Area 3 sub-ACL (39%)................................... 1,598 4,847 7,484 9,345
Fixed Gear Set-Aside................................... 30 30 30 30
RSA as % of sub-ACL.................................... 0% 0% 0% 0%
----------------------------------------------------------------------------------------------------------------
\*\ If New Brunswick weir landings are less than 2,722 mt through October 1, then 1,000 mt will be subtracted
from the management uncertainty buffer and reallocated to the Area 1A sub-ACL and the ACL.
OFL
This action decreases the 2023 OFL by 35 percent relative to the
default 2023 OFL that was implemented through Framework 8. The
difference between the default and revised 2023 OFLs is due to the data
updates and changes that were made in the model assumptions during the
2022 assessment. The 2023 OFL decreased for two reasons: Fishing
mortality at maximum sustainable yield (FMSY) was lower in
the 2022 assessment than it was in the 2020 assessment (0.50 and 0.54,
respectively); and projected 2023 biomass was much lower in the 2022
assessment than it was in the 2020 assessment (79,231 mt and 130,616
mt, respectively).
ABC
This action increases the 2023 ABC by 90 percent relative to the
default 2023 ABC that was implemented through Framework 8. The
difference between the default and revised 2023 ABCs are due to the
data updates and changes that were made in the model assumptions during
the 2022 assessment. Under the ABC control rule, the target F that
defines the ABC depends on the ratio of spawning stock biomass (SSB) to
SSBMSY. The larger the ratio, the bigger the target F and
ABC, and vice-versa. MSY reference points were revised during the 2022
management track assessment and, as a result, SSBMSY
decreased relative to the 2020 assessment. This caused the ratio of SSB
to SSBMSY to increase relative to the 2020 assessment,
resulting in a higher 2023 ABC.
Management Uncertainty
The herring ACL is reduced from the ABC in order to account for
management uncertainty. The Atlantic Herring FMP states that sources of
management uncertainty can include, but are not limited to, uncertainty
surrounding catch in the New Brunswick weir fishery and herring discard
estimates in Federal and state waters. Currently, the only source of
management uncertainty that is applied to the 2023-2025 ABCs is catch
in the New Brunswick weir fishery. Since Framework Adjustment 6 to the
Atlantic Herring FMP was implemented in 2020 (85 FR 26874, May 6,
2020), management uncertainty has been calculated as the average annual
landings in the New Brunswick weir fishery over the most recent 10-year
period. Landings in the weir fishery are highly variable, fluctuating
with herring availability and fishing effort. Using landings data from
a 10-year period captures this variability. This action maintains the
same approach for calculating management uncertainty. The resulting
management uncertainty buffer (4,220 mt) is based on New Brunswick weir
fishery landings during 2012-2021.
New Brunswick Weir Adjustment
This rule modifies the New Brunswick weir adjustment regulations at
Sec. 648.201(h) to state that if NMFS determines that the weir fishery
landed less than 2,722 mt of herring through October 1, NMFS will
subtract 1,000 mt from the management uncertainty buffer and reallocate
that 1,000 mt to the Area 1A sub-ACL and the ACL. Currently, Sec.
648.201(h) states that this transfer will be completed if NMFS
determines that the New Brunswick weir fishery landed less than 3,012
mt of herring through October 1. Since 2016, the transfer trigger has
been calculated based on a proportion (64.5 percent) of the management
uncertainty buffer. This action maintains the same approach for
calculating the transfer trigger, which in this instance results in
2,722 mt.
Other Specifications Components
The Council recommended keeping the remainder of the 2023-2025
herring specifications status quo and/or using status quo methodology
to calculate them. This action also maintains status quo river herring
and shad catch caps for 2023-2025 (Table 2).
Table 2--2023-2025 River Herring and Shad Catch Caps
[mt]
------------------------------------------------------------------------
Default values Revised values
Catch cap -----------------------------------
2023 2023-2025
------------------------------------------------------------------------
Midwater Trawl Gulf of Maine........ 76.7 76.7
Midwater Trawl Cape Cod............. 32.4 32.4
Midwater Trawl Southern New England 129.6 129.6
and Mid-Atlantic...................
[[Page 17400]]
Bottom Trawl Southern New England 122.3 122.3
and Mid-Atlantic...................
------------------------------------------------------------------------
4. Removal of 2,000-lb (907.2-kg) Possession Limits From Area 1B and
Area 3
Herring regulations at Sec. 648.201(a)(1)(i)(A) require NMFS to
implement a 2,000-lb (907.2-kg) herring possession limit for Area 1B
beginning on the date that catch is projected to reach 92 percent of
the sub-ACL for that area. Herring regulations at Sec.
648.201(a)(1)(i)(B)(2) require NMFS to implement a 2,000-lb (907.2-kg)
herring possession limit for Area 3 beginning on the date that catch is
projected to reach 98 percent of the sub-ACL for that area. In 2021,
the interim final rule implementing Framework 8 set herring fishery
specifications for 2021-2023. By regulation, these specifications
remain in place until they are replaced by new specifications. The
updated 2023 herring fishery specifications being implemented through
this action replace the default 2023 specifications that were
previously implemented through Framework 8. However, until this action
becomes effective, the herring fishery will continue to operate under
the default 2023 specifications. The fishery has been operating under
the default 2023 specifications since January 1, 2023.
Based on dealer reports, state data, and other available
information, NMFS estimated that the herring fleet had harvested 92
percent of the default 2023 Area 1B sub-ACL by January 6, 2023, and 98
percent of the default 2023 Area 3 sub-ACL by January 10, 2023.
Therefore, in January 2023, NMFS implemented 2,000-lb (907.2-kg)
possession limits in Area 1B and Area 3 (88 FR 2271, January 13, 2023;
and 88 FR 2859, January 18, 2023, respectively). The updated 2023 Area
1B and Area 3 sub-ACLs implemented through this action are higher than
the default 2023 Area 1B and Area 3 sub-ACLs that were implemented
through Framework 8. Because these sub-ACLs are increased through this
action, the amount of herring that has been caught in Area 1B in 2023
does not exceed 92 percent of the updated 2023 Area 1B sub-ACL, and the
amount of herring that has been caught in Area 3 in 2023 does not
exceed 98 percent of the updated 2023 Area 3 sub-ACL. Therefore, this
action removes the 2,000-lb (907.2-kg) possession limits that were
previously implemented in Area 1B and Area 3.
If/when NMFS projects that herring catch will exceed 92 percent of
the updated Area 1B sub-ACL, NMFS will implement a 2,000-lb (907.2-kg)
possession limit in Area 1B in accordance with the regulations at Sec.
648.201(a)(1)(i)(A). If/when NMFS projects that herring catch will
exceed 90 percent of the updated Area 3 sub-ACL, NMFS will implement a
40,000-lb (18,143.7-kg) possession limit in Area 3 in accordance with
the regulations at Sec. 648.201(a)(1)(i)(B)(1). If/when NMFS projects
that herring catch will exceed 98 percent of the updated Area 3 sub-
ACL, NMFS will implement a 2,000-lb (907.2-kg) possession limit in Area
3 in accordance with the regulations at Sec. 648.201(a)(1)(i)(B)(2).
5. Adjustments to 2023 Herring Fishery Specifications
Herring regulations require that unharvested catch (equaling up to
10 percent of the initial sub-ACL) from a herring management area in a
given fishing year shall be carried over and added to the sub-ACL for
that management area in the fishing year following total catch
determination. Carryover gets added to the applicable management area
sub-ACL, but it does not get added to the ACL. Herring regulations also
require that if NMFS determines that total catch exceeded a management
area sub-ACL by any amount and the ACL was also exceeded in a given
fishing year, then NMFS shall subtract the full amount of the sub-ACL
overage from the applicable sub-ACL and the full amount of the ACL
overage from the ACL in the fishing year following total catch
determination. This action announces adjustments to the 2023 herring
specifications to account for carryover of unharvested catch and catch
overages from 2021 (Table 3).
Table 3--Summary of 2021 Catch and Adjusted 2023 Herring Fishery Specifications
[mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2021 Catch 2021 Underages Overage 2023 2023
Specification 2021 Limits Final (percent of (+) and Carryover deductions Initial Adjusted
(adjusted) catch limits) overages (-) for 2023 * for 2023 values values
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A Sub-ACL...................................... 2,609 2,856 109 -247 0 247 3,592 3,345
Area 1B Sub-ACL...................................... 239 0 0 239 21 0 534 555
Area 2 Sub-ACL....................................... 652 191 29 461 134 0 3,455 3,589
Area 3 Sub-ACL....................................... 2,181 2,222 102 -41 0 41 4,847 4,806
ACL.................................................. 5,128 5,268 103 -140 0 140 12,429 12,287
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Up to 10 percent of the initial 2021 sub-ACL can be carried over to 2023.
6. Revision to the Herring Rebuilding Plan
The final rule implementing Framework Adjustment 9 to the Atlantic
Herring FMP established a rebuilding plan for herring that became
effective in August 2022 (87 FR 42962; July 19, 2022). Analyses
conducted during the development of Framework 9 indicated that under
this rebuilding plan, the herring stock could rebuild in 5 years (by
2026) assuming long-term average recruitment. New projections that were
generated for this action using updated data indicate that the herring
stock is no longer likely to rebuild by 2026, but it could rebuild by
2028. This action revises the target rebuilding date for herring to
2028 in order to reflect the results of these updated analyses. This
still falls within the 10-year rebuilding
[[Page 17401]]
period required under the Magnuson-Stevens Act.
7. Removal of Inshore Midwater Trawl Restricted Area Regulations
In 2021, Amendment 8 to the Atlantic Herring FMP prohibited the use
of midwater trawl gear inshore of 12 nautical miles (22 km) from the
U.S./Canada border to the Rhode Island/Connecticut border and inshore
of 20 nautical miles (37 km) off the east coast of Cape Cod with the
intent of addressing issues of localized depletion and user group
conflict (86 FR 1810, January 11, 2021). However, as a result of
litigation by midwater trawl industry members, a Court ruled that this
measure was arbitrary and capricious and violated the Administrative
Procedure Act based on a conclusion that the available scientific
information did not sufficiently support that localized depletion was
occurring. The Court further ruled that implementation of the inshore
midwater trawl restricted area failed to comply with National Standard
4 to the Magnuson-Stevens Act because the rule did not sufficiently
demonstrate that the measure was reasonably calculated to promote
conservation. As a result, the inshore midwater trawl restricted area
measures were vacated. Accordingly, this action removes the regulatory
text that implemented the inshore midwater trawl restricted area from
the prohibitions at Sec. 648.14, and the herring regulations at Sec.
648.202.
8. Other Administrative Revisions and Corrections
In 2016, Volume 3 of the Final Environmental Impact Statement
(FEIS) prepared for the Omnibus Essential Fish Habitat Amendment 2
contained coordinates for the Western Gulf of Maine Habitat Management
Area (HMA). In the FEIS, the longitude for one of the points defining
the Western Gulf of Maine HMA (WGMH4) was erroneously listed as
70[deg]15' W. The correct longitude for this point is 70[deg]00' W.
This typographical error was repeated in the final rule (83 FR 15240)
implementing the Omnibus Essential Fish Habitat Amendment 2. This
action corrects the coordinates for the Western Gulf of Maine HMA
(Table 4) at Sec. 648.370(f)(1).
Table 4--Corrected Coordinates for the Western Gulf of Maine HMA
------------------------------------------------------------------------
Point N Latitude W Longitude
------------------------------------------------------------------------
WGMH1........................... 43[deg]15' N 70[deg]15' W
WGMH2........................... 42[deg]15' N 70[deg]15' W
WGMH3........................... 42[deg]15' N 70[deg]00' W
WGMH4........................... 43[deg]15' N 70[deg]00' W
WGMH1........................... 43[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
Herring regulations at Sec. 648.202(b)(4)(iv) reference
regulations containing measures to address slippage on vessels issued a
Category A or B herring permit at Sec. 648.11(m)(4)(iv) and (v).
However, the regulations containing measures to address slippage on
vessels issued a Category A or B herring permit are located at Sec.
648.11(m)(7)(iv) through (vi). This action corrects this regulatory
citation.
On January 1, 2023, regulatory text pertaining to general
recordkeeping and reporting requirements at Sec. 648.7(b)(1) was
unintentionally removed from the Code of Federal Regulations. This
action restores the regulatory text that was previously found at Sec.
648.7(b)(1).
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) is promulgating final regulations that
have been determined to be consistent with the Atlantic Herring FMP,
provisions of the Magnuson-Stevens Act, and other applicable law.
The AA finds good cause under 5 U.S.C. 553(b)(3)(B) that prior
notice and the opportunity for public comment on this interim final
rule would be contrary to the public interest because it would
undermine the benefits conferred by the measures in this action. The
public is anticipating the implementation of these measures, since the
Council voted on recommended specifications during a public meeting.
Additionally, the specifications implemented in this action are
formulaic and calculated by applying the ABC control rule to updated
assessment data. Both the ABC control rule and the updated fishery data
were closely analyzed and subject to public comment during the
development of Amendment 8 and these specifications. Further, the final
specifications being implemented through this action need to be in
place as soon as possible after the start of the herring fishing year
on January 1, 2023. If implementation of this action is delayed,
updated 2023 herring fishery specifications may not be in effect before
the conclusion of the winter fishery in Areas 1B and 3. If this occurs,
the herring fleet may miss out on the economic opportunities associated
with the updated specification. The Council submitted the final SIR to
NMFS on January 10, 2023. NMFS has worked as quickly as possible to
implement this interim final rule while ensuring that the rulemaking
process is consistent with the herring specifications requirements at
Sec. 648.200. Last, NMFS is accepting public comment on this interim
final rule, which will help ensure there have been no significant
omissions or errors, or other information that might warrant changes.
NMFS will publish a subsequent final rule if NMFS receives any
significant comments. If information submitted during the public
comment period resulted in NMFS approving and implementing reduced
fishery specifications, any overages of those specifications that
occurred before NMFS implemented a final rule may need to be deducted
from the applicable sub-ACLs and/or the ACL in a future fishing year.
Therefore, a potential final rule would need to be implemented as soon
as possible.
For these same reasons, the AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness for this interim
final rule. No additional time is required for any regulated party to
come into compliance with the measures in this interim final rule. In
order to comply with this final rule, herring vessels will simply need
to adhere to the new 2023 herring fishery specifications.
The Office of Management and Budget has determined that this final
rule is not significant pursuant to Executive Order (E.O.) 12866.
This interim final rule does not contain policies with federalism
or takings implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This final rule does not contain any new information collection
requirements, including reporting or recordkeeping requirements, for
the purposes of the Paperwork Reduction Act.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is not required to be issued with an
opportunity for prior notice and opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 16, 2023.
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 amended
as follows:
[[Page 17402]]
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. 648.7, add paragraph (b)(1) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) Fishing Vessel Trip Reports. The owner or operator of any
vessel issued a valid permit, or eligible to renew a limited access
permit under this part must maintain on board the vessel, and submit,
and accurate fishing log report for each fishing trip, regardless of
species fished for or taken, by electronic means. This report must be
entered into and submitted through a software application approved by
NMFS.
(i) Vessel owners or operators. With the exception of those vessel
owners or operators fishing under a surfclam or ocean quahog permit, at
least the following information as applicable and any other information
required by the Regional Administrator must be provided:
(A) Vessel name;
(B) USCG documentation number (or state registration number, if
undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of crew;
(H) Number of anglers (if a charter or party boat);
(I) Gear fished;
(J) Quantity and size of gear;
(K) Mesh/ring size;
(L) Chart area fished;
(M) Average depth;
(N) Latitude/longitude;
(O) Total hauls per area fished;
(P) Average tow time duration;
(Q) Hail weight, in pounds (or count of individual fish, if a party
or charter vessel), by species, of all species, or parts of species,
such as monkfish livers, landed or discarded; and, in the case of skate
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total
length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, total
length) skates;
(R) Dealer permit number;
(S) Dealer name;
(T) Date sold, port and state landed; and
(U) Vessel operator's name, signature, and operator's permit number
(if applicable).
(ii) Atlantic mackerel owners or operators. The owner or operator
of a vessel issued a limited access Atlantic mackerel permit must
report catch (retained and discarded) of Atlantic mackerel daily via
VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information
required by the Regional Administrator: Fishing Vessel Trip Report
serial number; month, day, and year Atlantic mackerel was caught; total
pounds of Atlantic mackerel retained and total pounds of all fish
retained. Daily Atlantic mackerel VMS catch reports must be submitted
in 24-hr intervals for each day and must be submitted by 0900 hr on the
following day. Reports are required even if Atlantic mackerel caught
that day have not yet been landed. This report does not exempt the
owner or operator from other applicable reporting requirements of this
section.
(iii) Surfclam and Ocean Quahog owners or operators. The owner or
operator of any vessel conducting any surfclam and ocean quahog fishing
operations must provide at least the following information and any
other information required by the Regional Administrator:
(A) Name and permit number of the vessel;
(B) Total amount in bushels of each species taken;
(C) Date(s) caught;
(D) Time at sea;
(E) Duration of fishing time;
(F) Locality fished;
(G) Crew size;
(H) Crew share by percentage;
(I) Landing port;
(J) Date sold;
(K) Price per bushel;
(L) Buyer;
(M) Tag numbers from cages used;
(N) Quantity of surfclams and ocean quahogs discarded; and
(O) Allocation permit number.
(iv) Private tilefish recreational vessel owners and operators. The
owner or operator of any fishing vessel that holds a Federal private
recreational tilefish permit, must report for each recreational trip
fishing for or retaining blueline or golden tilefish in the Tilefish
Management Unit. The required Vessel Trip Report must be submitted by
electronic means. This report must be submitted through a NMFS-approved
electronic reporting system within 24 hours of the trip returning to
port. The vessel operator may keep paper records while onboard and
upload the data after landing. The report must contain the following
information:
(A) Vessel name;
(B) USCG documentation number (or state registration number, if
undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of anglers;
(H) Species;
(I) Gear fished;
(J) Quantity and size of gear;
(K) Soak time;
(L) Depth;
(M) Chart Area;
(N) Latitude/longitude where fishing occurred;
(O) Count of individual golden and blueline tilefish landed or
discarded; and
(P) Port and state landed.
* * * * *
0
3. In Sec. 648.14, remove paragraphs (r)(1)(vi)(H) and (I).
0
4. In Sec. 648.201, revise paragraph (h) to read as follows:
Sec. 648.201 AMs and harvest controls.
* * * * *
(h) If NMFS determines that the New Brunswick weir fishery landed
less than 2,722 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
5. In Sec. 648.202:
0
a. Remove and reserve paragraph (a)(2); and
0
b. Revise paragraph (b)(4)(iv).
The revision reads 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)(7)(iv) through (vi) if the vessel was issued a Category
A or B Herring Permit.
0
6. In Sec. 648.370, revise the Western Gulf of Maine HMA table in
paragraph (f)(1) to read as follows:
Sec. 648.370 Habitat Management Areas.
* * * * *
(f) * * *
(1) * * *
Table 6 to Paragraph (f)(1)--Western Gulf of Maine HMA
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
WGMH1........................... 43[deg]15' N 70[deg]15' W
WGMH2........................... 42[deg]15' N 70[deg]15' W
WGMH3........................... 42[deg]15' N 70[deg]00' W
WGMH4........................... 43[deg]15' N 70[deg]00' W
WGMH1........................... 43[deg]15' N 70[deg]15' W
------------------------------------------------------------------------
[[Page 17403]]
* * * * *
[FR Doc. 2023-05797 Filed 3-22-23; 8:45 am]
BILLING CODE 3510-22-P
