Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2023 Specifications, 71504-71505 [2023-22875]
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71504
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
that activities they authorize, fund, or
carry out may affect Nelson’s checkermallow. There is no critical habitat
designated for this species, so there is
no effect to 50 CFR 17.96.
Register on October 25, 1983 (48 FR
49244).
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
Government-to-Government
Relationship With Tribes
■
Post-Delisting Monitoring
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
federally recognized Tribes on a
government-to-government basis. In
accordance with Secretary’s Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
Several Nelson’s checker-mallow sites
occur on Confederated Tribe of Grand
Ronde (Tribe) lands, and some sites may
lie within the usual and accustomed
places for Tribal collection and
gathering of resources. The Tribe has a
plan in place to manage and monitor
Nelson’s checker-mallow and a new
memorandum of understanding with the
Service for data sharing.
Section 4(g)(1) of the Act requires us,
in cooperation with the States, to
implement a monitoring program for not
less than 5 years for all species that have
been delisted due to recovery. PDM
refers to activities undertaken to verify
that a species delisted due to recovery
remains secure from the risk of
extinction after the protections of the
Act no longer apply. The primary goal
of PDM is to monitor the species to
ensure that its status does not
deteriorate, and if a decline is detected,
to take measures to halt the decline so
that proposing it as endangered or
threatened is not again needed. If at any
time during the monitoring period data
indicate that protective status under the
Act should be reinstated, we can initiate
listing procedures, including, if
appropriate, emergency listing.
We are delisting Nelson’s checkermallow due to recovery based on our
analysis in the SSA report, expert
opinions, and conservation actions
taken. We have prepared a PDM plan
that discusses the current status of the
taxon and describes the methods for
monitoring its status. The PDM plan: (1)
summarizes the status of Nelson’s
checker-mallow at the time of delisting;
(2) describes frequency and duration of
monitoring; (3) discusses monitoring
methods and sampling regimes; (4)
defines what triggers will be evaluated
to address the need for additional
monitoring; (5) outlines reporting
requirements and procedures; (6)
provides a schedule for implementing
the PDM plan; and (7) defines
responsibilities. It is our intent to work
with our partners towards maintaining
the recovered status of Nelson’s
checker-mallow. To view a copy of the
PDM plan, see ADDRESSES, above.
Required Determinations
lotter on DSK11XQN23PROD with RULES1
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), need not
be prepared in connection with
determining a species’ listing status
under the Endangered Species Act. We
published a notice outlining our reasons
for this determination in the Federal
VerDate Sep<11>2014
15:56 Oct 16, 2023
Jkt 262001
1. The authority citation for part 17
continues to read as follows:
References Cited
Authors
The primary authors of this final rule
are the staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Oregon Fish and Wildlife
Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
Accordingly, we hereby amend part
17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set
forth below:
Frm 00046
Fmt 4700
§ 17.12
[Amended]
2. In § 17.12, in paragraph (h), amend
the List of Endangered and Threatened
Plants by removing the entry for
‘‘Sidalcea nelsoniana’’ under
FLOWERING PLANTS.
■
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–22759 Filed 10–16–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230316–0077; RTID 0648–
XD421]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to the 2023 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS is adjusting the 2023
Atlantic herring specifications for the
remainder of 2023. Herring regulations
specify that NMFS will subtract 1,000
metric tons (mt) from the management
uncertainty buffer and reallocate it to
the herring annual catch limit and Area
1A sub-annual catch limit if NMFS
determines that the New Brunswick
weir fishery landed less than 2,722 mt
of herring through October 1.
DATES: Effective October 12, 2023
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, 978–281–9196.
SUPPLEMENTARY INFORMATION: NMFS
published final 2023 specifications for
the Atlantic herring fishery on March
23, 2023 (88 FR 17397), establishing the
2023 annual catch limit (ACL) and
management area sub-ACLs. The
regulations at 50 CFR 648.201(h) specify
that NMFS will subtract 1,000 mt from
the management uncertainty buffer and
reallocate it to the herring ACL and Area
SUMMARY:
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Service’s
Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT).
PO 00000
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
Sfmt 4700
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
1A sub-ACL if NMFS determines that
the New Brunswick weir fishery landed
less than 2,722 mt of herring through
October 1. When such an adjustment is
made, the regulations at § 648.201(h)
state that NMFS will notify the New
England Fishery Management Council
and publish the adjustment in the
Federal Register.
Data from Canada’s Department of
Fisheries and Oceans indicate that the
New Brunswick weir fishery landed 525
mt of herring through October 1, 2023.
Based on this catch information and
NMFS’ analysis of recent catch
performance data, the best available
information indicates that the New
Brunswick weir fishery landed less than
2,722 mt of herring through October 1,
71505
2023, and NFMS is implementing an
inseason adjustment to the 2023 herring
fishery specifications. Effective upon
notice filing in the Federal Register, the
management uncertainty buffer will
decrease from 4,220 mt to 3,220 mt, the
ACL will increase from 12,287 mt to
13,287 mt, and the Area 1A sub-ACL
will increase from 3,345 mt to 4,345 mt
for the remainder of 2023 (Table 1).
TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2023
Current
specifications
(mt)
Overfishing Limit ..........................................................................................................................................
Acceptable Biological Catch ........................................................................................................................
Management Uncertainty .............................................................................................................................
Optimum Yield/ACL .....................................................................................................................................
Domestic Annual Harvest ............................................................................................................................
Border Transfer ............................................................................................................................................
Domestic Annual Processing .......................................................................................................................
U.S. At-Sea Processing ...............................................................................................................................
Area 1A Sub-ACL (28.9 percent) ................................................................................................................
Area 1B Sub-ACL (4.3 percent) ..................................................................................................................
Area 2 Sub-ACL (27.8 percent) ...................................................................................................................
Area 3 Sub-ACL (39 percent) ......................................................................................................................
Fixed Gear Set-Aside ..................................................................................................................................
Research Set-Aside (RSA) ..........................................................................................................................
Once this temporary rule takes effect,
NMFS will use the adjusted
specifications for the remainder of 2023
when evaluating whether NMFS needs
to implement a possession limit
adjustment for Area 1A or for the whole
fishery. The regulations at
§ 648.201(a)(1)(i)(A) specify that NMFS
shall implement a 2,000-pound (lb)
(907.2-kilogram (kg)) possession limit
for herring for Area 1A beginning on the
date that catch is projected to reach 92
percent of the sub-ACL for that area.
The regulations at § 648.201(a)(1)(ii)
specify that NMFS shall close the
herring fishery and implement a 2,000lb (907.2-kg) possession limit for herring
beginning on the date that catch is
projected to reach 95 percent of the
ACL.
Classification
lotter on DSK11XQN23PROD with RULES1
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is in accordance with
50 CFR part 648, which was issued
pursuant to section 304(b), and is
exempt from review under Executive
Order 12866.
VerDate Sep<11>2014
15:56 Oct 16, 2023
Jkt 262001
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment on this inseason adjustment
because it would be unnecessary and
contrary to the public interest. This
inseason adjustment reallocates a
portion of the management uncertainty
buffer to the herring ACL and Area 1A
sub-ACL for the remainder of the
calendar year pursuant to a previously
published regulation that provides
notice of this annual potential
adjustment and does not include
discretionary implementation. Further,
this reallocation process was the subject
of prior notice and comment
rulemaking. The inseason adjustment is
routine and formulaic, specified in the
regulations, and is expected by industry.
The potential to reallocate the
management uncertainty buffer was also
outlined in the 2023 herring
specifications that were published
March 23, 2023 (88 FR 17397), which
were developed through public notice
and comment. Further, this inseason
PO 00000
Frm 00047
Fmt 4700
Sfmt 9990
Adjusted
specifications
(mt)
29,138
16,649
4,220
12,287
12,429
0
12,429
0
3,345
555
3,589
4,806
30
0%
29,138
16,649
3,220
13,287
13,429
0
13,429
0
4,345
555
3,589
4,806
30
0%
adjustment provides additional
economic opportunity for the herring
fleet. If implementation of this action is
delayed to solicit public comment, the
objective of the fishery management
plan to achieve optimum yield in the
fishery could be compromised.
Deteriorating weather conditions during
the latter part of the fishing year may
reduce fishing effort, and could also
prevent the ACL from being fully
harvested. This would result in a
negative economic impact on vessels
permitted to fish in this fishery. Based
on these considerations, NMFS further
finds, pursuant to 5 U.S.C. 553(d)(3),
good cause to waive the 30-day delayed
effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22875 Filed 10–12–23; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71504-71505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230316-0077; RTID 0648-XD421]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustment to the 2023 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2023 Atlantic herring specifications for
the remainder of 2023. Herring regulations specify that NMFS will
subtract 1,000 metric tons (mt) from the management uncertainty buffer
and reallocate it to the herring annual catch limit and Area 1A sub-
annual catch limit if NMFS determines that the New Brunswick weir
fishery landed less than 2,722 mt of herring through October 1.
DATES: Effective October 12, 2023 through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, 978-281-9196.
SUPPLEMENTARY INFORMATION: NMFS published final 2023 specifications for
the Atlantic herring fishery on March 23, 2023 (88 FR 17397),
establishing the 2023 annual catch limit (ACL) and management area sub-
ACLs. The regulations at 50 CFR 648.201(h) specify that NMFS will
subtract 1,000 mt from the management uncertainty buffer and reallocate
it to the herring ACL and Area
[[Page 71505]]
1A sub-ACL if NMFS determines that the New Brunswick weir fishery
landed less than 2,722 mt of herring through October 1. When such an
adjustment is made, the regulations at Sec. 648.201(h) state that NMFS
will notify the New England Fishery Management Council and publish the
adjustment in the Federal Register.
Data from Canada's Department of Fisheries and Oceans indicate that
the New Brunswick weir fishery landed 525 mt of herring through October
1, 2023. Based on this catch information and NMFS' analysis of recent
catch performance data, the best available information indicates that
the New Brunswick weir fishery landed less than 2,722 mt of herring
through October 1, 2023, and NFMS is implementing an inseason
adjustment to the 2023 herring fishery specifications. Effective upon
notice filing in the Federal Register, the management uncertainty
buffer will decrease from 4,220 mt to 3,220 mt, the ACL will increase
from 12,287 mt to 13,287 mt, and the Area 1A sub-ACL will increase from
3,345 mt to 4,345 mt for the remainder of 2023 (Table 1).
Table 1--Atlantic Herring Specifications for 2023
------------------------------------------------------------------------
Current Adjusted
specifications specifications
(mt) (mt)
------------------------------------------------------------------------
Overfishing Limit................. 29,138 29,138
Acceptable Biological Catch....... 16,649 16,649
Management Uncertainty............ 4,220 3,220
Optimum Yield/ACL................. 12,287 13,287
Domestic Annual Harvest........... 12,429 13,429
Border Transfer................... 0 0
Domestic Annual Processing........ 12,429 13,429
U.S. At-Sea Processing............ 0 0
Area 1A Sub-ACL (28.9 percent).... 3,345 4,345
Area 1B Sub-ACL (4.3 percent)..... 555 555
Area 2 Sub-ACL (27.8 percent)..... 3,589 3,589
Area 3 Sub-ACL (39 percent)....... 4,806 4,806
Fixed Gear Set-Aside.............. 30 30
Research Set-Aside (RSA).......... 0% 0%
------------------------------------------------------------------------
Once this temporary rule takes effect, NMFS will use the adjusted
specifications for the remainder of 2023 when evaluating whether NMFS
needs to implement a possession limit adjustment for Area 1A or for the
whole fishery. The regulations at Sec. 648.201(a)(1)(i)(A) specify
that NMFS shall implement a 2,000-pound (lb) (907.2-kilogram (kg))
possession limit for herring for Area 1A beginning on the date that
catch is projected to reach 92 percent of the sub-ACL for that area.
The regulations at Sec. 648.201(a)(1)(ii) specify that NMFS shall
close the herring fishery and implement a 2,000-lb (907.2-kg)
possession limit for herring beginning on the date that catch is
projected to reach 95 percent of the ACL.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is in accordance with 50 CFR part 648, which
was issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on this inseason adjustment because it would be
unnecessary and contrary to the public interest. This inseason
adjustment reallocates a portion of the management uncertainty buffer
to the herring ACL and Area 1A sub-ACL for the remainder of the
calendar year pursuant to a previously published regulation that
provides notice of this annual potential adjustment and does not
include discretionary implementation. Further, this reallocation
process was the subject of prior notice and comment rulemaking. The
inseason adjustment is routine and formulaic, specified in the
regulations, and is expected by industry. The potential to reallocate
the management uncertainty buffer was also outlined in the 2023 herring
specifications that were published March 23, 2023 (88 FR 17397), which
were developed through public notice and comment. Further, this
inseason adjustment provides additional economic opportunity for the
herring fleet. If implementation of this action is delayed to solicit
public comment, the objective of the fishery management plan to achieve
optimum yield in the fishery could be compromised. Deteriorating
weather conditions during the latter part of the fishing year may
reduce fishing effort, and could also prevent the ACL from being fully
harvested. This would result in a negative economic impact on vessels
permitted to fish in this fishery. Based on these considerations, NMFS
further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the
30-day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22875 Filed 10-12-23; 4:15 pm]
BILLING CODE 3510-22-P
