Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 3 Possession Limit Adjustment, 31193-31195 [2023-10425]
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
leader may not solicit, accept or receive
a political contribution from a VISTA).
(d) Except for VISTAs who reside in
municipalities or political subdivisions
designated under 5 CFR part 733, no
VISTA may accept or receive a political
contribution on behalf of an individual
who is a candidate for local partisan
political office and who represents a
political party.
§ 2556.745 Are VISTAs prohibited from
soliciting or discouraging the political
participation of certain individuals?
(a) A VISTA may not knowingly
solicit or discourage the participation in
any political activity of any individual
who has an application for any
compensation, grant, contract, ruling,
license, permit, or certificate pending
before AmeriCorps or the VISTA
program.
(b) A VISTA may not knowingly
solicit or discourage the participation in
any political activity of any individual
who is the subject of, or a participant in,
an ongoing audit, investigation, or
enforcement action being carried out by
or through AmeriCorps or the VISTA
program.
§ 2556.750 What restrictions and
prohibitions are VISTAs who campaign for
a spouse or family member subject to?
A VISTA who is the spouse or family
member of a candidate for partisan
political office, candidate for political
party office, or candidate for public
office in a nonpartisan election is
subject to the same restrictions and
prohibitions as other VISTAs, as set
forth in § 2556.725.
lotter on DSK11XQN23PROD with RULES1
§ 2556.755 May VISTAs participate in
lawful demonstrations?
In accordance with the prohibitions
set forth in § 2556.710, VISTAs may
participate in lawful demonstrations,
political rallies, and other political
meetings, so long as such participation
is in conformance with all of the
following:
(a) Occurs only while on authorized
leave or while otherwise off duty;
(b) Does not include attempting to
represent, or representing, the views of
VISTAs or the VISTA program on any
public issue;
(c) Could not be reasonably
understood by the community as being
identified with the VISTA program, the
project, or other elements of VISTA
service; and
(d) Does not interfere with the
discharge of VISTA duties.
§ 2556.760 May a sponsor or subrecipient
approve the participation of a VISTA in a
demonstration or other political meeting?
(a) No VISTA sponsor or subrecipient
may approve a VISTA to be involved in
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16:03 May 15, 2023
Jkt 259001
planning, initiating, participating in, or
otherwise aiding or assisting in any
demonstration or other political
meeting.
(b) If a VISTA sponsor or
subrecipient, subsequent to the receipt
of any AmeriCorps financial assistance,
including the assignment of VISTAs,
approves the participation of a VISTA in
a demonstration or other political
meeting, that VISTA sponsor or
subrecipient is subject to procedures
related to the suspension or termination
of such assistance, as provided in
subpart B of this part, §§ 2556.135
through 2556.140.
§ 2556.765 What disciplinary actions are
VISTAs subject to for violating restrictions
or prohibitions on political activities?
Violations by a VISTA of any of the
prohibitions or restrictions set forth in
this subpart may warrant termination
for cause, in accordance with
proceedings set forth at §§ 2556.420,
2556.425, and 2556.430.
§ 2556.770 What are the requirements of
VISTA sponsors and subrecipients
regarding political activities?
(a) All sponsors and subrecipients are
required to:
(1) Understand the restrictions and
prohibitions on the political activities of
VISTAs, as set forth in this subpart;
(2) Provide training to VISTAs on all
applicable restrictions and prohibitions
on political activities, as set forth in this
subpart, and use training materials that
are consistent with these restrictions
and prohibitions;
(3) Monitor on a continuing basis the
activity of VISTAs for compliance with
this subpart; and
(4) Report all violations or
questionable situations immediately to
the appropriate AmeriCorps Region
Office.
(b) Failure of a sponsor to comply
with the requirements of this subpart, or
a violation of the requirements
contained in this subpart by the sponsor
or subrecipient, sponsor or
subrecipient’s covered employees,
agents, or VISTAs, may be deemed a
material failure to comply with terms or
conditions of the VISTA program. In
such a case, the sponsor is subject to
procedures related to the denial or
reduction, or suspension or termination,
of such assistance, as provided in
§§ 2556.125, 2556.130, and 2556.140.
§ 2556.775 What prohibitions and
restrictions on political activity apply to
employees of VISTA sponsors and
subrecipients?
All employees of VISTA sponsors and
subrecipients, whose salaries or other
compensation are paid, in whole or in
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31193
part, with VISTA funds are subject to all
applicable prohibitions and restrictions
described in this subpart in the
following circumstances:
(a) Whenever they are engaged in an
activity that is supported by
AmeriCorps or VISTA funds or
assistance; and
(b) Whenever they identify
themselves as acting in their capacity as
an official of a VISTA project that
receives AmeriCorps or VISTA funds or
assistance, or could reasonably be
perceived by others as acting in such a
capacity.
§ 2556.780 What prohibitions on lobbying
activities apply to VISTA sponsors and
subrecipients?
(a) No VISTA sponsor or subrecipient
may assign a VISTA to perform service
or engage in activities related to
influencing the passage or defeat of
legislation or proposals by initiative
petition.
(b) No VISTA sponsor or subrecipient
may use any AmeriCorps financial
assistance, such as VISTA funds or the
services of a VISTA, for any activity
related to influencing the passage or
defeat of legislation or proposals by
initiative petition.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023–10027 Filed 5–15–23; 8:45 am]
BILLING CODE 6050–28–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230316–0077; RTID 0648–
XD015]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2023
Management Area 3 Possession Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; possession
limit adjustment.
AGENCY:
NMFS is implementing a
2,000-lb (907.2-kg) possession limit for
Atlantic herring for Management Area 3.
This is required because NMFS projects
that herring catch from Area 3 will
reach 98 percent of the Area’s subannual catch limit before the end of the
fishing year. This action is intended to
prevent overharvest of herring in Area 3,
SUMMARY:
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16MYR1
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31194
Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
which would result in additional catch
limit reductions in a subsequent year.
DATES: Effective 00:01 hr local time on
May 14, 2023, through December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, (978) 281–9196.
SUPPLEMENTARY INFORMATION: The
Regional Administrator of the Greater
Atlantic Regional Office monitors
herring fishery catch in each
Management Area based on vessel and
dealer reports, state data, and other
available information. Regulations at 50
CFR 648.201(a)(1)(i)(B)(2) require that
NMFS implement a 2,000-lb (907.2-kg)
possession limit for herring for Area 3
beginning on the date that catch is
projected to reach 98 percent of the subannual catch limit (ACL) for that area.
Based on vessel trip reports, vessel
monitoring system catch reports, dealer
reports, and other available information,
the Regional Administrator projects that
the herring fleet will catch 98 percent of
the Area 3 sub-ACL by May 14, 2023.
Therefore, effective 00:01 hr local time
May 14, 2023, through 24:00 hr local
time December 31, 2023, a person may
not attempt or do any of the following:
Fish for; possess; transfer; purchase;
receive; land; or sell more than 2,000 lb
(907.2 kg) of herring per trip or more
than once per calendar day in or from
Area 3.
Vessels that enter port before 00:01
local time on May 14, 2023, may land
and sell more than 2,000 lb (907.2 kg)
of herring from Area 3 from that trip,
provided that catch is landed in
accordance with state management
measures. Vessels may transit or land in
Area 3 with more than 2,000 lb (907.2
kg) of herring on board, provided that:
The herring were caught in an area not
subject to a 2,000-lb (907.2-kg) limit; all
fishing gear is stowed and not available
for immediate use; and the vessel is
issued a permit appropriate to the
amount of herring on board and the area
where the herring was harvested.
Also effective 00:01 hr local time,
May 14, 2023, through 24:00 hr local
time, December 31, federally permitted
dealers may not attempt or do any of the
following: Purchase; receive; possess;
have custody or control of; sell; barter;
trade; or transfer more than 2,000 lb
(907.2 kg) of herring per trip or calendar
day from Area 3, unless it is from a
vessel that enters port before 00:01 local
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16:03 May 15, 2023
Jkt 259001
time on May 14, 2023, and catch is
landed in accordance with state
management measures.
This 2,000-lb (907.2 kg) possession
limit bypasses the 40,000-lb (18,143.7kg) possession limit that is required
when NMFS projects that 90 percent of
the sub-ACL will be caught. Regulations
at § 648.201(a)(1)(i)(B)(1) require NMFS
to implement a 40,000-lb (18,143.7-kg)
possession limit for herring for Area 3
beginning on the date that catch is
projected to reach 90 percent of the
herring sub-ACL for that area. Based on
vessel trip reports, vessel monitoring
system catch reports, dealer reports, and
other available information, we estimate
that 90 percent of the Area 3 sub-ACL
was harvested by May 8, 2023.
However, due to the low 2023 subACLs, the high volume nature of this
fishery, and the progress of catch this
fishing year, we project that 98 percent
of the sub-ACL in Area 3 will be
harvested by May 14, 2023.
Implementing the 40,000-lb (18,143.7kg) limit before the 2,000-lb (907.2 kg)
limit is impracticable due to the small
amount of time between the 90 percent
and 98 percent catch projection dates
and substantially increases the risk of
exceeding the sub-ACL due to the low
amount of available catch remaining
under the sub-ACL. The limited time for
the two different notices is logistically
difficult and could result in substantial
confusion. The limited time between
projected dates and the relatively low
available catch could also encourage
significantly increased fishing effort if
we first implemented the 40,000-lb
(18,143.7-kg) limit in Area 3. This
increase could require a quicker
implementation of the 2,000-lb (907.2
kg) limit than possible. To minimize the
chance of a potential sub-ACL overage
occurring and to avoid incentivizing
potential changes in fishing behavior
that could contribute to an overage,
NMFS is bypassing the 40,000-lb
(18,143.7-kg) possession limit and
implementing the 2,000-lb (907.2-kg)
possession limit in Area 3.
The herring fishery began operating
under default 2023 fishery
specifications on January 1, 2023. On
January 13, 2023, we implemented a
2,000-lb (907.2 kg) possession limit for
herring in Area 3 because we estimated
the fleet had caught 98 percent of the
default Area 3 sub-ACL. On March 23,
2023, we published an interim final rule
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
that replaced the default 2023 herring
fishery specifications with updated
2023 specifications. This action also
removed the 2,000-lb (907.2 kg)
possession limit that was previously
implemented in Area 3 because, relative
to the updated Area 3 sub-ACL, catch
from Area 3 no longer hit the threshold
required to implement this possession
limit adjustment. This inseason action
implements a new 2,000-lb (907.2 kg)
possession limit in Area 3 because catch
relative to the updated 2023 Area 3 subACL now hits the threshold required to
implement this possession limit
adjustment.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(3)(B) to waive prior notice
and the opportunity for public comment
because it is unnecessary, contrary to
the public interest, and impracticable.
Ample prior notice and opportunity for
public comment on this action has been
provided for the required
implementation of this action. The
requirement to implement this
possession limit was developed by the
New England Fishery Management
Council using public meetings that
invited public comment on the
measures when they were developed
and considered along with alternatives.
Further, the regulations requiring NMFS
to implement this possession limit also
were subject to public notice and
opportunity to comment when they
were first adopted in 2021. Herring
fishing industry participants monitor
catch closely and anticipate potential
possession limit adjustments as catch
totals approach Area sub-ACLs. The
regulation provides NMFS with no
discretion and is designed for
implementation as quickly as possible
to prevent catch from exceeding limits
designed to prevent overfishing while
allowing the fishery to achieve optimum
yield.
Updated 2023 herring fishery
specifications were implemented on
March 23, 2023. Data indicating that the
herring fleet will have landed at least 98
percent of the 2023 sub-ACL allocated
to Area 3 only recently became
available. High-volume catch and
landings in this fishery can increase
total catch relative to the sub-ACL
E:\FR\FM\16MYR1.SGM
16MYR1
Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
quickly, especially in this fishing year
where annual catch limits are unusually
low. If implementation of this
possession limit adjustment is delayed
to solicit prior public comment, the
2023 sub-ACL for Area 3 will likely be
exceeded; thereby undermining the
conservation objectives of the Herring
FMP. If sub-ACLs are exceeded, the
VerDate Sep<11>2014
16:03 May 15, 2023
Jkt 259001
excess must be deducted from a future
sub-ACL and would reduce future
fishing opportunities. The public
expects these actions to occur in a
timely way consistent with the FMP’s
objectives. For the reasons stated above,
NMFS also finds good cause to waive
the 30-day delayed effectiveness in
accordance with 5 U.S.C 553(d)(3).
PO 00000
Frm 00051
Fmt 4700
Sfmt 9990
31195
Authority: 16 U.S.C. 1801 et seq.
Dated: May 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–10425 Filed 5–11–23; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\16MYR1.SGM
16MYR1
]]>Agencies
[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31193-31195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10425]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077; RTID 0648-XD015]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2023 Management Area 3 Possession Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit
for Atlantic herring for Management Area 3. This is required because
NMFS projects that herring catch from Area 3 will reach 98 percent of
the Area's sub-annual catch limit before the end of the fishing year.
This action is intended to prevent overharvest of herring in Area 3,
[[Page 31194]]
which would result in additional catch limit reductions in a subsequent
year.
DATES: Effective 00:01 hr local time on May 14, 2023, through December
31, 2023.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, (978) 281-9196.
SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater
Atlantic Regional Office monitors herring fishery catch in each
Management Area based on vessel and dealer reports, state data, and
other available information. Regulations at 50 CFR
648.201(a)(1)(i)(B)(2) require that NMFS implement a 2,000-lb (907.2-
kg) possession limit for herring for Area 3 beginning on the date that
catch is projected to reach 98 percent of the sub-annual catch limit
(ACL) for that area.
Based on vessel trip reports, vessel monitoring system catch
reports, dealer reports, and other available information, the Regional
Administrator projects that the herring fleet will catch 98 percent of
the Area 3 sub-ACL by May 14, 2023. Therefore, effective 00:01 hr local
time May 14, 2023, through 24:00 hr local time December 31, 2023, a
person may not attempt or do any of the following: Fish for; possess;
transfer; purchase; receive; land; or sell more than 2,000 lb (907.2
kg) of herring per trip or more than once per calendar day in or from
Area 3.
Vessels that enter port before 00:01 local time on May 14, 2023,
may land and sell more than 2,000 lb (907.2 kg) of herring from Area 3
from that trip, provided that catch is landed in accordance with state
management measures. Vessels may transit or land in Area 3 with more
than 2,000 lb (907.2 kg) of herring on board, provided that: The
herring were caught in an area not subject to a 2,000-lb (907.2-kg)
limit; all fishing gear is stowed and not available for immediate use;
and the vessel is issued a permit appropriate to the amount of herring
on board and the area where the herring was harvested.
Also effective 00:01 hr local time, May 14, 2023, through 24:00 hr
local time, December 31, federally permitted dealers may not attempt or
do any of the following: Purchase; receive; possess; have custody or
control of; sell; barter; trade; or transfer more than 2,000 lb (907.2
kg) of herring per trip or calendar day from Area 3, unless it is from
a vessel that enters port before 00:01 local time on May 14, 2023, and
catch is landed in accordance with state management measures.
This 2,000-lb (907.2 kg) possession limit bypasses the 40,000-lb
(18,143.7-kg) possession limit that is required when NMFS projects that
90 percent of the sub-ACL will be caught. Regulations at Sec.
648.201(a)(1)(i)(B)(1) require NMFS to implement a 40,000-lb (18,143.7-
kg) possession limit for herring for Area 3 beginning on the date that
catch is projected to reach 90 percent of the herring sub-ACL for that
area. Based on vessel trip reports, vessel monitoring system catch
reports, dealer reports, and other available information, we estimate
that 90 percent of the Area 3 sub-ACL was harvested by May 8, 2023.
However, due to the low 2023 sub-ACLs, the high volume nature of this
fishery, and the progress of catch this fishing year, we project that
98 percent of the sub-ACL in Area 3 will be harvested by May 14, 2023.
Implementing the 40,000-lb (18,143.7-kg) limit before the 2,000-lb
(907.2 kg) limit is impracticable due to the small amount of time
between the 90 percent and 98 percent catch projection dates and
substantially increases the risk of exceeding the sub-ACL due to the
low amount of available catch remaining under the sub-ACL. The limited
time for the two different notices is logistically difficult and could
result in substantial confusion. The limited time between projected
dates and the relatively low available catch could also encourage
significantly increased fishing effort if we first implemented the
40,000-lb (18,143.7-kg) limit in Area 3. This increase could require a
quicker implementation of the 2,000-lb (907.2 kg) limit than possible.
To minimize the chance of a potential sub-ACL overage occurring and to
avoid incentivizing potential changes in fishing behavior that could
contribute to an overage, NMFS is bypassing the 40,000-lb (18,143.7-kg)
possession limit and implementing the 2,000-lb (907.2-kg) possession
limit in Area 3.
The herring fishery began operating under default 2023 fishery
specifications on January 1, 2023. On January 13, 2023, we implemented
a 2,000-lb (907.2 kg) possession limit for herring in Area 3 because we
estimated the fleet had caught 98 percent of the default Area 3 sub-
ACL. On March 23, 2023, we published an interim final rule that
replaced the default 2023 herring fishery specifications with updated
2023 specifications. This action also removed the 2,000-lb (907.2 kg)
possession limit that was previously implemented in Area 3 because,
relative to the updated Area 3 sub-ACL, catch from Area 3 no longer hit
the threshold required to implement this possession limit adjustment.
This inseason action implements a new 2,000-lb (907.2 kg) possession
limit in Area 3 because catch relative to the updated 2023 Area 3 sub-
ACL now hits the threshold required to implement this possession limit
adjustment.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive
prior notice and the opportunity for public comment because it is
unnecessary, contrary to the public interest, and impracticable. Ample
prior notice and opportunity for public comment on this action has been
provided for the required implementation of this action. The
requirement to implement this possession limit was developed by the New
England Fishery Management Council using public meetings that invited
public comment on the measures when they were developed and considered
along with alternatives. Further, the regulations requiring NMFS to
implement this possession limit also were subject to public notice and
opportunity to comment when they were first adopted in 2021. Herring
fishing industry participants monitor catch closely and anticipate
potential possession limit adjustments as catch totals approach Area
sub-ACLs. The regulation provides NMFS with no discretion and is
designed for implementation as quickly as possible to prevent catch
from exceeding limits designed to prevent overfishing while allowing
the fishery to achieve optimum yield.
Updated 2023 herring fishery specifications were implemented on
March 23, 2023. Data indicating that the herring fleet will have landed
at least 98 percent of the 2023 sub-ACL allocated to Area 3 only
recently became available. High-volume catch and landings in this
fishery can increase total catch relative to the sub-ACL
[[Page 31195]]
quickly, especially in this fishing year where annual catch limits are
unusually low. If implementation of this possession limit adjustment is
delayed to solicit prior public comment, the 2023 sub-ACL for Area 3
will likely be exceeded; thereby undermining the conservation
objectives of the Herring FMP. If sub-ACLs are exceeded, the excess
must be deducted from a future sub-ACL and would reduce future fishing
opportunities. The public expects these actions to occur in a timely
way consistent with the FMP's objectives. For the reasons stated above,
NMFS also finds good cause to waive the 30-day delayed effectiveness in
accordance with 5 U.S.C 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-10425 Filed 5-11-23; 4:15 pm]
BILLING CODE 3510-22-P
