Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 1A Possession Limit Adjustment, 77532-77533 [2023-24921]

Download as PDF 77532 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations Unfunded Mandates Reform Act (UMRA) The UMRA of 1995 requires Federal agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted annually for inflation, with base year of 1995). This final rule will not result in expenditures by State, local or Tribal Governments, in the aggregate, or by the private sector in excess of $100 million annually. National Environmental Policy Act (NEPA) NHTSA has analyzed this final rule for the purposes of the NEPA. The agency has determined that implementation of this action will not have any significant impact on the quality of the human environment. Executive Order 12988 (Civil Justice Reform) With respect to the review of the promulgation of a new regulation, section 3(b) of E.O. 12988, ‘‘Civil Justice Reform’’ (61 FR 4729, February 7, 1996) requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect; (2) clearly specifies the effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct, while promoting simplification and burden reduction; (4) clearly specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. This document is consistent with that requirement. Pursuant to this Order, NHTSA notes as follows. The issue of preemption is discussed above. NHTSA notes further that there is no requirement that individuals submit a petition for reconsideration or pursue other administrative proceeding before they may file suit in court. khammond on DSKJM1Z7X2PROD with RULES Paperwork Reduction Act (PRA) Under the PRA of 1995, a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid Office of Management and Budget (OMB) control number. This rulemaking action would not establish any new information collection requirements. VerDate Sep<11>2014 15:58 Nov 09, 2023 Jkt 262001 National Technology Transfer and Advancement Act (NTTAA) Under the NTTAA of 1995 (Pub. L. 104–113), all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the International Organization for Standardization and the Society of Automotive Engineers. The NTTAA directs us to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. There are no voluntary consensus standards applicable to this final rule that have not been previously discussed in the December 29, 2021 final rule. Plain Language Executive Order 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please write to us with your views. List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicles, Reporting and recordkeeping requirements, Rubber and rubber products. In consideration of the foregoing, NHTSA amends 49 CFR part 571 as follows: PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 continues to read as follows: ■ PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.95. 2. Section 571.227 is amended by: a. Revising the definition of ‘‘Transit bus’’ in S4; ■ b. Revising S5.1(a); and ■ c. Revising the introductory text of S6.1.4. The revisions read as follows: ■ ■ § 571.227 Standard No. 227; Bus rollover structural integrity. * * * * * S4. * * * Transit bus means a bus that is equipped with a stop-request system sold for public transportation provided by, or on behalf of, a Federal, State, or local government and that is not an over-the-road bus. * * * * * S5.1 * * * (a) Items separated from the vehicle and with a mass less than 60.0 grams that enter the survival space will not be considered for this evaluation of survival space intrusion. * * * * * S6.1.4 The tilting platform is equipped with rigid wheel supports on the top surface as illustrated in Figure 3 of this section (figure provided for illustration purposes only). At each vehicle axle, the wheel closest to the platform’s axis of rotation is supported. The rigid wheel supports are positioned to make contact with the outboard tire sidewall of the supported wheels with the vehicle positioned as specified in S7(a) to prevent sliding of the vehicle during the test. Each rigid wheel support has the following dimensions: * * * * * Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166; delegation of authority at 49 CFR 1.95. Ann Carlson, Acting Administrator. [FR Doc. 2023–24381 Filed 11–9–23; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 230316–0077; RTID 0648– XD519] Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 1A Possession Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\13NOR1.SGM 13NOR1 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; possession limit adjustment. NMFS is implementing a 2,000 lb (907.2 kg) possession limit for Atlantic herring for Management Area 1A. This is required because NMFS projects that herring catch from Area 1A will reach 92 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 1A, which would result in additional catch limit reductions in a subsequent year. DATES: Effective 00:01 hour (hr) local time, November 8, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Louis Forristall, Fishery Management Specialist, (978) 281–9321. SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater Atlantic Regional Office monitors Atlantic 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)(A) require that NMFS implement a 2,000 lb (907.2 kg) possession limit for herring for Area 1A beginning on the date that catch is projected to reach 92 percent of the subannual catch limit (ACL) for that area. Based on vessel reports, dealer reports, and other available information, the Regional Administrator projects that the herring fleet will have caught 92 percent of the Area 1A sub-ACL by November 6, 2023. Therefore, effective 00:01 hr local time November 8, 2023, through 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 1A. Vessels that enter port before 00:01 hr local time on November 8, 2023, may land and sell more than 2,000 lb (907.2 kg) of herring from Area 1A from that trip, provided that catch is landed in accordance with state management measures. Vessels may transit or land in Area 1A 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, November 8, 2023, through 24:00 hr khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:58 Nov 09, 2023 Jkt 262001 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 1A, unless it is from a vessel that enters port before 00:01 hr local time on November 8, 2023 and catch is landed in accordance with state management measures. 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 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 2014. 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. The 2023 herring fishing year began on January 1, 2023, and Management Area 1A opened to fishing on June 1, 2023. Data indicating that the herring fleet will have landed at least 92 percent of the 2023 sub-ACL allocated to Area 1A only recently became available. High-volume catch and landings in this fishery can increase total catch relative to the sub-ACL 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 1A will likely be exceeded; thereby undermining the conservation objectives of the Herring Fishery Management Plan (FMP). If sub-ACLs are exceeded, the excess must be deducted from a future sub-ACL and would reduce future fishing PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 77533 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: November 7, 2023. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–24921 Filed 11–7–23; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 230508–0124; RTID 0648– XD444] Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #27–#31 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason modification of 2023 management measures. AGENCY: NMFS announces five inseason actions for the 2023–2024 ocean salmon fishing season. These inseason actions modify the recreational and commercial salmon fisheries in the area from the U.S./Canada border to Humbug Mountain, Oregon. DATES: The effective dates for these inseason actions are set out in this document under the heading ‘‘Inseason Actions’’ and the actions remain in effect until superseded or modified. FOR FURTHER INFORMATION CONTACT: Shannon Penna, 562–980–4239, Shannon.Penna@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The annual management measures for the 2023 and early 2024 ocean salmon fisheries (88 FR 30235, May 11, 2023) govern the commercial and recreational fisheries in the area from the U.S./ Canada border to the U.S./Mexico border, effective from 0001 hours Pacific Daylight Time (PDT), May 16, 2023, until the effective date of the 2024 management measures, as published in the Federal Register. NMFS is authorized to implement inseason management actions to modify fishing seasons, catch limits, and quotas as E:\FR\FM\13NOR1.SGM 13NOR1

Agencies

[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77532-77533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24921]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230316-0077; RTID 0648-XD519]


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2023 Management Area 1A Possession Limit Adjustment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 77533]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; possession limit adjustment.

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SUMMARY: NMFS is implementing a 2,000 lb (907.2 kg) possession limit 
for Atlantic herring for Management Area 1A. This is required because 
NMFS projects that herring catch from Area 1A will reach 92 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 1A, 
which would result in additional catch limit reductions in a subsequent 
year.

DATES: Effective 00:01 hour (hr) local time, November 8, 2023, through 
December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Louis Forristall, Fishery Management 
Specialist, (978) 281-9321.

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors Atlantic 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)(A) require that NMFS implement a 2,000 lb (907.2 kg) 
possession limit for herring for Area 1A beginning on the date that 
catch is projected to reach 92 percent of the sub-annual catch limit 
(ACL) for that area.
    Based on vessel reports, dealer reports, and other available 
information, the Regional Administrator projects that the herring fleet 
will have caught 92 percent of the Area 1A sub-ACL by November 6, 2023. 
Therefore, effective 00:01 hr local time November 8, 2023, through 
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 1A.
    Vessels that enter port before 00:01 hr local time on November 8, 
2023, may land and sell more than 2,000 lb (907.2 kg) of herring from 
Area 1A from that trip, provided that catch is landed in accordance 
with state management measures. Vessels may transit or land in Area 1A 
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, November 8, 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 1A, unless it is from 
a vessel that enters port before 00:01 hr local time on November 8, 
2023 and catch is landed in accordance with state management measures.

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 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 2014. 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.
    The 2023 herring fishing year began on January 1, 2023, and 
Management Area 1A opened to fishing on June 1, 2023. Data indicating 
that the herring fleet will have landed at least 92 percent of the 2023 
sub-ACL allocated to Area 1A only recently became available. High-
volume catch and landings in this fishery can increase total catch 
relative to the sub-ACL 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 1A will likely be exceeded; thereby 
undermining the conservation objectives of the Herring Fishery 
Management Plan (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: November 7, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-24921 Filed 11-7-23; 4:15 pm]
BILLING CODE 3510-22-P

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