Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to 2025 Specifications, 103695-103698 [2024-30083]
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
Chief Counsel convenes and presides
over the hearing. If requested by the
respondent, and if practicable, the
hearing is held in the general vicinity of
the place where the alleged violation
occurred, at a place convenient to the
respondent, or virtually. Testimony by
witnesses shall be given under oath and
the hearing shall be recorded verbatim.
(b) The presiding official may:
(1) Administer oaths and affirmations;
(2) Issue subpoenas as provided by
§ 209.7;
(3) Adopt procedures for the
submission of evidence in written form;
(4) Take or cause depositions to be
taken;
(5) Rule on offers of proof and receive
relevant evidence;
(6) Examine witnesses at the hearing;
(7) Convene, recess, reconvene, and
adjourn and otherwise regulate the
course of the hearing;
(8) Hold conferences for settlement,
simplification of the issues or any other
proper purpose; and
(9) Take any other action authorized
by, or consistent with, the provisions of
this subpart pertaining to civil monetary
penalties and permitted by law that may
expedite the hearing or aid in the
disposition of an issue raised, therein.
(c) The Office of the Chief Counsel
has the burden of providing the facts
alleged in the demand letter and may
offer such relevant information as may
be necessary fully to inform the
presiding officer as to the matter
concerned.
(d) The respondent may appear and
be heard on the respondent’s own behalf
or through counsel of the respondent’s
choice. The respondent or respondent’s
counsel may offer relevant information,
including testimony, which they believe
should be considered in defense of the
allegations, or that may bear on the
proposed civil monetary penalty, and
conduct such cross-examination as may
be required for a full disclosure of the
material facts.
(e) At the conclusion of the hearing,
or as soon thereafter as the hearing
officer shall provide, the parties may file
proposed findings and conclusions,
together with supporting reasons.
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§ 215.421
Presiding officer’s decision.
(a) After consideration of the evidence
of record, the presiding officer may
dismiss the demand letter in whole or
in part. If the presiding officer does not
dismiss the civil penalty enforcement
action in whole, the presiding officer
will issue and serve on the respondent
an order assessing a civil penalty. The
presiding officer’s decision will include
a statement of findings and conclusions
as well as the reasons therefor on all
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material issues of fact, law, and
discretion.
(b) If, within twenty (20) days after
service of an order assessing a civil
penalty fine issued by the presiding
officer under paragraph (a) of this
section, the respondent does not pay the
civil penalty fine, the case may be
referred to the Attorney General with a
request that an action to collect the
penalty be brought in the appropriate
United States District Court. In the civil
action, the amount and appropriateness
of the civil penalty shall not be subject
to review.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2024–30030 Filed 12–18–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 241212–0326]
RIN 0648–XE368
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Fisheries of the Northeastern
United States; Atlantic Herring Fishery;
Adjustment to 2025 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule.
AGENCY:
This interim final rule makes
an in-season adjustment to the 2025
Atlantic herring specifications and subannual catch limits for the four Atlantic
herring management areas (including
Area 1A, 1B, 2, and 3). This action is
necessary to respond to updated
scientific information from a 2024
herring management track stock
assessment and achieve the goals and
objectives of the Atlantic Herring
Fishery Management Plan. This action
reduces current 2025 catch limits to
lessen the risk overfishing and help
rebuild the stock.
DATES: Effective December 19, 2024,
through December 31, 2025.
ADDRESSES: Copies of supporting
documents, including the 2023–2025
Atlantic Herring Specifications, are
available from the Sustainable Fisheries
Division, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930, telephone
SUMMARY:
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(978) 281–9315, or online at: https://
www.nefmc.org/management-plans/
herring and https://www.fisheries.
noaa.gov/species/atlanticherring#management.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
978–281–9272.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the
Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648,
subpart K. NMFS implemented the 2025
specifications in the 2023–2025
specifications for the Atlantic herring
fishery (88 FR 17397; March 23, 2023).
The specifications set an overfishing
limit (OFL), acceptable biological catch
(ABC), annual catch limit (ACL), and
sub-ACLs for 2023–2025 for each of the
four management areas in the herring
fishery, subject to future review and any
necessary adjustments. FMP regulations
§ 648.200(e) state that NMFS may make
in-season adjustments to the herring
specifications and sub-ACLs to achieve
conservation and management
objectives, after consulting with the
New England Fishery Management
Council, during the fishing year in
accordance with the Administrative
Procedure Act and consistent with FMP
objectives and provisions.
Amendment 8 to the FMP (86 FR
1810; January 11, 2021) implemented an
ABC control rule for the herring fishery.
The ABC control rule is a formulaic
approach for setting a harvest limit and
is designed to balance the goals and
objectives of the FMP, including
managing the fishery at long-term
sustainable levels and accounting for
herring’s role as forage in the ecosystem.
The ABC control rule states that when
biomass is at or above 50 percent of the
biomass associated with maximum
sustainable yield (BMSY) or its proxy,
ABC is the catch associated with a
maximum fishing mortality (F) of 80
percent of FMSY or its proxy. When
biomass falls below 50 percent of BMSY
or its proxy, the allowable F declines
linearly to zero at 10 percent of BMSY or
its proxy.
On October 2, 2020, NMFS
determined the Atlantic herring stock
was overfished, but overfishing was not
occurring. Framework 9 to the FMP (87
FR 42962; July 19, 2022) established a
5-year rebuilding plan for herring with
an F consistent with the ABC control
rule implemented in Amendment 8. The
rebuilding plan was expected to rebuild
the stock by 2026, however, the
duration of the rebuilding period was
extended from 5 years (2026) to 7 years
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
(2028) with implementation of the
2023–2025 herring specifications.
A 2024 herring management track
stock assessment (2024 stock
assessment) was completed in June
2024. According to the results of the
2024 stock assessment, the stock
continues to be overfished with
overfishing not occurring. Retrospective
pattern adjustments were necessary
because the model overestimated
biomass and underestimated mortality.
The adjusted spawning stock biomass
was estimated to be 26 percent (47,955
metric tons (mt)) of BMSY and the
adjusted F was estimated to be 58
percent (0.263) of the overfishing
threshold (FMSY equals 0.45). The 2024
stock assessment was unable to explain
a cause for the stock’s historic and
continued low recruitment and
projected that poor recruitment of
herring will likely result in a substantial
decline in biomass.
On July 31, 2024, the Council’s
Science and Statistical Committee (SSC)
reviewed the 2024 stock assessment and
recommended harvest limits for 2025–
2027. The SSC recommended using the
ABC control rule for the OFL and ABC
recommendations for 2025–2027, while
noting concern for the continued low
recruitment and low spawning stock
biomass.
At its September 2024 meeting, the
Council reviewed the 2024 stock
assessment and recommended new
specifications for 2025–2027. The
Council’s recommendations are
consistent with the ABC control rule
and the SSC’s recommendations, with
the following exception. Catch
projections from the 2024 stock
assessment allow for harvest limit
increases in 2026 and 2027, compared
to 2025. However, the Council
recommended holding 2026 harvest
limits constant for 2027, instead of
allowing for projected limit increases.
This precautionary measure is intended
to lessen the risk of overfishing and
support stock rebuilding, while
recognizing that 2027 specifications will
likely be revised following the 2025
herring research track stock assessment.
NMFS intends to implement the
2025–2027 specifications via proposed
and final rulemaking as soon as
possible, but the 2025–2027
specifications would not be effective in
time for the start of the fishing year on
January 1, 2025. Catch projections from
the 2024 assessment indicate the need
for an almost 90-percent reduction from
the current 2025 ACL (23,961 mt) to the
new, reduced 2025 ACL (2,710 mt).
Implementing the reduced 2025
specifications after the start of the
fishing year on January 1, 2025, raises
a significant risk that catch may exceed
the reduced catch limits. Therefore, to
ensure the reduced 2025 specifications
are in place at the start of the fishing
year on January 1, the Council requested
that NMFS use an in-season adjustment
to reduce the current 2025
specifications and sub-ACLs as soon as
possible, and NMFS concurs.
The FMP regulations at § 648.201(g)
specify that unharvested catch in a
herring management area in a fishing
year (up to 10 percent of that area’s subACL) shall be carried over and added to
the sub-ACL for that herring
management area for the fishing year
following the year when total catch is
determined. Preliminary data suggest
that 2023 catch levels were substantially
lower than allowed in herring
management areas 1B and 2. Thus, a
percentage of catch underages from
2023 is eligible for carryover to 2025:
approximately 54 mt from Area 1B and
346 mt from Area 2. Given the
substantial catch reduction needed for
2025 to support the FMP’s conservation
and management objectives, the Council
requested that NMFS use its in-season
adjustment authority to nullify any
carryover in 2025. NMFS agrees that
nullifying any carryover is necessary to
lessen the risk of overfishing and to help
rebuild the stock. The potential longterm negative effects on the herring
stock associated with an increased risk
of overfishing and delayed rebuilding
outweigh the short-term economic
benefits associated with harvesting the
available carryover.
Therefore, this interim final rule
adjusts the 2025 specifications and subACLs consistent with the FMP’s goals to
lessen the risk of overfishing and help
rebuild the stock. The current and
reduced 2025 specifications are shown
in the table below.
Measures Implemented in This Action
This action reduces 2025
specifications and sub-ACLs consistent
with the FMP’s goals to lessen the risk
of overfishing and help rebuild the
stock. The complete 2025–2027
specifications would be implemented
via proposed and final rulemaking as
soon as possible following the in-season
adjustment. The current and new,
reduced 2025 specifications are shown
in table 1 below.
TABLE 1—IN-SEASON ADJUSTED 2025 HERRING SPECIFICATIONS
Current 2025
(mt)
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Specifications
Overfishing Limit ......................................................................................................................................................
Acceptable Biological Catch ....................................................................................................................................
Management Uncertainty Buffer ..............................................................................................................................
Optimal Yield/Annual Catch Limit ............................................................................................................................
Domestic Annual Harvest ........................................................................................................................................
Border Transfer ........................................................................................................................................................
Domestic Annual Processing ...................................................................................................................................
US At-Sea Processing .............................................................................................................................................
Area 1A Sub-ACL (28.9%) ......................................................................................................................................
Area 1B Sub-ACL (4.3%) ........................................................................................................................................
Area 2 (27.8%) ........................................................................................................................................................
Area 3 (39%) ...........................................................................................................................................................
Fixed Gear Set-Aside ..............................................................................................................................................
Research Set-Aside .................................................................................................................................................
40,727
28,181
4,220
23,961
23,961
0
23,961
0
6,925
1,030
6,661
9,345
30
0%
New 2025
(mt)
18,273
6,741
4,031
2,710
2,710
0
2,710
0
783
117
753
1,057
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.
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
OFL
OFL is equal to catch resulting from
applying FMSY to a current estimate of
stock size. This action decreases the
2025 OFL by 55 percent relative to the
current 2025 OFL. The difference
between the current and reduced OFLs
is due to data updates during the 2024
assessment. FMSY is lower in the 2024
assessment than it was in the previous
2022 assessment (0.45 and 0.50,
respectively) and projected biomass is
much lower in the 2024 assessment than
it was in the 2022 assessment (47,955
mt and 79,231 mt, respectively).
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ABC
ABC must be less than or equal to the
OFL. This action reduces the current
2025 ABC by 76 percent. The difference
between the current and reduced ABCs
are due to data updates contained and
discussed in the 2024 assessment.
Under the ABC control rule, the target
F that defines the ABC depends on the
ratio of biomass to BMSY. The smaller
the ratio, the smaller the target F and
ABC. Biomass is lower in the 2024
assessment than it was in the 2022
assessment, causing the ratio of biomass
to BMSY to decrease relative to the 2022
assessment, resulting in a lower target F
and ABC.
Management Uncertainty
The ACL is reduced from the ABC 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 2025 ABC 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 (4,031 mt) is based on New
Brunswick weir fishery landings during
2014–2023.
Other Specifications Components
The Council recommended
maintaining the remainder of the 2025
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herring specifications at current levels
or using existing methodology to
calculate them, as described in Table 1,
and NMFS agrees with this approach.
Classification
NMFS is issuing this rule pursuant to
section 305(d) of the Magnuson-Stevens
Act. Pursuant to section 305(d), this
action is necessary to carry out the
Atlantic Herring FMP and its
regulations at § 648.200(e). Consistent
with the FMP and regulations, in this
action NMFS reduces the 2025 herring
specifications to achieve conservation
and management objectives, after
consulting with the Council at its
September 2024 meeting. The NMFS
Assistant Administrator (AA) has
determined that this rule is consistent
with Atlantic Herring FMP, National
Standards and other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This interim final rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is not
required to be issued with opportunity
for prior notice and opportunity for
public comment.
This interim final rule is exempt from
the procedures of Executive Order (E.O.)
12866.
NMFS has determined that this action
would not have a substantial direct
effect on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes;
therefore, consultation with Tribal
officials under E.O. 13175 is not
required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175
also do not apply. A Tribal summary
impact statement under section
(5)(b)(2)(B) and section (5)(c)(2)(B) of
E.O. 13175 is not required and has not
been prepared.
This interim final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
The AA finds good cause under 5
U.S.C. 553(b)(B) that prior notice and
the opportunity for public comment on
this interim final rule would be
impracticable and contrary to the public
interest because this action to make an
in-season adjustment to reduce the 2025
Atlantic herring specifications would
lessen the risk of overfishing and help
rebuild the stock, consistent with the
Magnuson-Stevens Act, and the Atlantic
Herring FMP, including the rebuilding
plan.
Data in the 2024 assessment, which
was completed in June, showed that the
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103697
stock continues to be overfished with
overfishing not occurring. At its
September 2024 meeting, the Council
reviewed the 2024 stock assessment and
recommended new specifications for
2025–2027. Catch projections in the
2024 assessment indicate the need for
an almost 90-percent reduction in the
current 2025 ACL (23,961 mt) to the
adjusted 2025 ACL (2,710 mt), as
reduced in this in-season adjustment.
NMFS intends to implement the 2025–
2027 specifications in proposed and
final rules via the notice and comment
rulemaking process as soon as possible,
but the 2025–2027 specifications would
not be effective in time for the start of
the fishing year on January 1, 2025.
However, implementing the adjusted
2025 specifications after the start of the
fishing year on January 1, 2025, would
raise a significant risk that catch
occurring before implementation may
exceed the adjusted 2025 catch limits.
The Atlantic Herring FMP regulations
at § 648.200(e) specify that NMFS may
adjust the herring specifications and
sub-ACLs to achieve conservation and
management objectives, after consulting
with the Council, in accordance with
the Administrative Procedure Act and
consistent with FMP objectives and
provisions. To ensure adjusted
(reduced) 2025 harvest specifications
are in place at the start of the fishing
year on January 1, 2025, thus lessening
the risk of overfishing and helping
rebuild the stock, the Council requested
NMFS to use an in-season adjustment to
reduce the 2025 specifications and subACLs as soon as possible, and NMFS
concurs. Public testimony at the
September Council meeting largely
reflected the understanding that this
2025 in-season adjustment is necessary
to lessen the risk of overfishing and help
rebuild the stock. A delay in
implementing adjusted (reduced) 2025
specifications would increase the risk
that 2025 catch levels would exceed the
adjusted (reduced) limits, potentially
resulting in overfishing and negatively
affecting stock rebuilding.
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 the date
of effectiveness for this interim final
rule. Waiving the delay in the date of
effectiveness for this in-season action to
adjust (reduce) the 2025 catch limits
would allow the adjusted catch limits to
go in effect at the start of the fishing
year, whereas delaying the effective date
could undermine this action’s intended
conservation benefits of lessening the
risk of overfishing and helping rebuild
the stock.
Authority: 16 U.S.C. 1801 et seq.
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103698
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
Dated: December 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–30083 Filed 12–18–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 240227–0061; RTID 0648–
XE542]
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2025 Gulf of Alaska Pollock and
Pacific Cod Total Allowable Catch
Amounts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
NMFS is adjusting the 2025
total allowable catch (TAC) amounts for
the Gulf of Alaska (GOA) pollock and
Pacific cod fisheries. This action is
necessary because NMFS has
determined these TACs are incorrectly
specified, as they are not informed by
the most recent specifications
recommended by the Council for the
start of the 2025 fishing year. This
action will ensure the GOA pollock and
Pacific cod TACs are the correct,
appropriate amount based on the best
scientific information available for
pollock and Pacific cod in the GOA.
This action is consistent with the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMP).
DATES: Effective 0001 hours, Alaska
local time (A.l.t.), January 1, 2025, until
the effective date of the final 2025 and
2026 harvest specifications for GOA
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 3, 2025.
ADDRESSES: You may submit comments
on this document, identified by docket
number NOAA–NMFS–2023–0133 by
any of the following methods:
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SUMMARY:
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Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0133 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, 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 https://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. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the FMP prepared by the
North Pacific Fishery Management
Council (Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Regulations
governing fishing by U.S. vessels in
accordance with the FMP appear at 50
CFR part 679 and at subpart H of 50 CFR
part 600.
The final 2024 and 2025 harvest
specifications for groundfish in the GOA
(89 FR 15484, March 4, 2024) set the
2025 pollock TAC at 163,494 metric
tons (mt) in the GOA. In December
2024, the Council recommended a 2025
pollock TAC of 186,245 mt for the GOA,
which is greater than the 163,494 mt
established by the final 2024 and 2025
harvest specifications for groundfish in
the GOA. The Council’s recommended
2025 TACs and the area and seasonal
apportionments are based on the
Science and Statistical Committee’s
(SSC’s) overfishing limit (OFL) and
allowable biological catch (ABC)
recommendations. The SSC
recommendations are informed by the
Groundfish Plan Team’s recommended
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OFLs and ABCs as well as a review of
the Stock Assessment and Fishery
Evaluation (SAFE) report dated
November 2024.
The final 2024 and 2025 harvest
specifications for groundfish in the GOA
set the 2025 Pacific cod TAC at 20,757
mt in the GOA. In December 2024, the
Council recommended a 2025 Pacific
cod TAC of 23,670 mt for the GOA,
which is greater than the 20,757 mt
established by the final 2024 and 2025
harvest specifications for groundfish in
the GOA. The Council’s recommended
2025 TACs and the area and seasonal
apportionments are based on the SSC’s
OFL and ABC recommendations. The
SSC recommendations are informed by
the Groundfish Plan Team’s
recommended OFLs and ABCs as well
as a review of the SAFE report dated
November 2024.
Steller sea lions occur in the same
location as the pollock and Pacific cod
fisheries and are listed as endangered
under the Endangered Species Act.
Pollock and Pacific cod are principal
prey species for Steller sea lions in the
GOA. The seasonal apportionment of
pollock and Pacific cod harvests are
necessary to ensure the groundfish
fisheries are not likely to cause jeopardy
of extinction or adverse modification of
critical habitat for Steller sea lions. The
regulations at § 679.20(a)(5)(iv) specify
how the pollock TAC will be
apportioned and the regulations at
§ 679.20(a)(6)(ii) and (a)(12)(i) specify
how the Pacific cod TAC will be
apportioned.
In accordance with § 679.25(a)(1)(iii),
(a)(2)(i)(B), and (a)(2)(iv) the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that, based on the best
scientific information available for this
fishery, the current GOA pollock and
Pacific cod TACs are incorrectly
specified, as they are not using the most
recent data available. Consequently,
pursuant to § 679.25(a) the Regional
Administrator is adjusting the 2025
GOA pollock TAC to 186,245 mt and the
2025 Pacific cod TAC to 23,670 mt.
Therefore, tables 4 and 6 of the final
2024 and 2025 harvest specifications for
groundfish in the GOA are revised
consistent with this adjustment.
Pursuant to § 679.20(a)(5)(iv), table 4
of the final 2024 and 2025 harvest
specifications for groundfish in the GOA
is revised for the 2025 TACs of pollock
in the Central and Western Regulatory
Area of the GOA.
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Agencies
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103695-103698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30083]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 241212-0326]
RIN 0648-XE368
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Fisheries of the Northeastern United States; Atlantic
Herring Fishery; Adjustment to 2025 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: This interim final rule makes an in-season adjustment to the
2025 Atlantic herring specifications and sub-annual catch limits for
the four Atlantic herring management areas (including Area 1A, 1B, 2,
and 3). This action is necessary to respond to updated scientific
information from a 2024 herring management track stock assessment and
achieve the goals and objectives of the Atlantic Herring Fishery
Management Plan. This action reduces current 2025 catch limits to
lessen the risk overfishing and help rebuild the stock.
DATES: Effective December 19, 2024, through December 31, 2025.
ADDRESSES: Copies of supporting documents, including the 2023-2025
Atlantic Herring Specifications, are available from the Sustainable
Fisheries Division, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315,
or online at: https://www.nefmc.org/management-plans/herring and
https://www.fisheries.noaa.gov/species/atlantic-herring#management.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) appear at 50 CFR part 648, subpart K. NMFS implemented the
2025 specifications in the 2023-2025 specifications for the Atlantic
herring fishery (88 FR 17397; March 23, 2023). The specifications set
an overfishing limit (OFL), acceptable biological catch (ABC), annual
catch limit (ACL), and sub-ACLs for 2023-2025 for each of the four
management areas in the herring fishery, subject to future review and
any necessary adjustments. FMP regulations Sec. 648.200(e) state that
NMFS may make in-season adjustments to the herring specifications and
sub-ACLs to achieve conservation and management objectives, after
consulting with the New England Fishery Management Council, during the
fishing year in accordance with the Administrative Procedure Act and
consistent with FMP objectives and provisions.
Amendment 8 to the FMP (86 FR 1810; January 11, 2021) implemented
an ABC control rule for the herring fishery. The ABC control rule is a
formulaic approach for setting a harvest limit and is designed to
balance the goals and objectives of the FMP, including managing the
fishery at long-term sustainable levels and accounting for herring's
role as forage in the ecosystem. The ABC control rule states that when
biomass is at or above 50 percent of the biomass associated with
maximum sustainable yield (BMSY) or its proxy, ABC is the
catch associated with a maximum fishing mortality (F) of 80 percent of
FMSY or its proxy. When biomass falls below 50 percent of
BMSY or its proxy, the allowable F declines linearly to zero
at 10 percent of BMSY or its proxy.
On October 2, 2020, NMFS determined the Atlantic herring stock was
overfished, but overfishing was not occurring. Framework 9 to the FMP
(87 FR 42962; July 19, 2022) established a 5-year rebuilding plan for
herring with an F consistent with the ABC control rule implemented in
Amendment 8. The rebuilding plan was expected to rebuild the stock by
2026, however, the duration of the rebuilding period was extended from
5 years (2026) to 7 years
[[Page 103696]]
(2028) with implementation of the 2023-2025 herring specifications.
A 2024 herring management track stock assessment (2024 stock
assessment) was completed in June 2024. According to the results of the
2024 stock assessment, the stock continues to be overfished with
overfishing not occurring. Retrospective pattern adjustments were
necessary because the model overestimated biomass and underestimated
mortality. The adjusted spawning stock biomass was estimated to be 26
percent (47,955 metric tons (mt)) of BMSY and the adjusted F
was estimated to be 58 percent (0.263) of the overfishing threshold
(FMSY equals 0.45). The 2024 stock assessment was unable to
explain a cause for the stock's historic and continued low recruitment
and projected that poor recruitment of herring will likely result in a
substantial decline in biomass.
On July 31, 2024, the Council's Science and Statistical Committee
(SSC) reviewed the 2024 stock assessment and recommended harvest limits
for 2025-2027. The SSC recommended using the ABC control rule for the
OFL and ABC recommendations for 2025-2027, while noting concern for the
continued low recruitment and low spawning stock biomass.
At its September 2024 meeting, the Council reviewed the 2024 stock
assessment and recommended new specifications for 2025-2027. The
Council's recommendations are consistent with the ABC control rule and
the SSC's recommendations, with the following exception. Catch
projections from the 2024 stock assessment allow for harvest limit
increases in 2026 and 2027, compared to 2025. However, the Council
recommended holding 2026 harvest limits constant for 2027, instead of
allowing for projected limit increases. This precautionary measure is
intended to lessen the risk of overfishing and support stock
rebuilding, while recognizing that 2027 specifications will likely be
revised following the 2025 herring research track stock assessment.
NMFS intends to implement the 2025-2027 specifications via proposed
and final rulemaking as soon as possible, but the 2025-2027
specifications would not be effective in time for the start of the
fishing year on January 1, 2025. Catch projections from the 2024
assessment indicate the need for an almost 90-percent reduction from
the current 2025 ACL (23,961 mt) to the new, reduced 2025 ACL (2,710
mt). Implementing the reduced 2025 specifications after the start of
the fishing year on January 1, 2025, raises a significant risk that
catch may exceed the reduced catch limits. Therefore, to ensure the
reduced 2025 specifications are in place at the start of the fishing
year on January 1, the Council requested that NMFS use an in-season
adjustment to reduce the current 2025 specifications and sub-ACLs as
soon as possible, and NMFS concurs.
The FMP regulations at Sec. 648.201(g) specify that unharvested
catch in a herring management area in a fishing year (up to 10 percent
of that area's sub-ACL) shall be carried over and added to the sub-ACL
for that herring management area for the fishing year following the
year when total catch is determined. Preliminary data suggest that 2023
catch levels were substantially lower than allowed in herring
management areas 1B and 2. Thus, a percentage of catch underages from
2023 is eligible for carryover to 2025: approximately 54 mt from Area
1B and 346 mt from Area 2. Given the substantial catch reduction needed
for 2025 to support the FMP's conservation and management objectives,
the Council requested that NMFS use its in-season adjustment authority
to nullify any carryover in 2025. NMFS agrees that nullifying any
carryover is necessary to lessen the risk of overfishing and to help
rebuild the stock. The potential long-term negative effects on the
herring stock associated with an increased risk of overfishing and
delayed rebuilding outweigh the short-term economic benefits associated
with harvesting the available carryover.
Therefore, this interim final rule adjusts the 2025 specifications
and sub-ACLs consistent with the FMP's goals to lessen the risk of
overfishing and help rebuild the stock. The current and reduced 2025
specifications are shown in the table below.
Measures Implemented in This Action
This action reduces 2025 specifications and sub-ACLs consistent
with the FMP's goals to lessen the risk of overfishing and help rebuild
the stock. The complete 2025-2027 specifications would be implemented
via proposed and final rulemaking as soon as possible following the in-
season adjustment. The current and new, reduced 2025 specifications are
shown in table 1 below.
Table 1--In-Season Adjusted 2025 Herring Specifications
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Current 2025
Specifications (mt) New 2025 (mt)
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Overfishing Limit....................... 40,727 18,273
Acceptable Biological Catch............. 28,181 6,741
Management Uncertainty Buffer........... 4,220 4,031
Optimal Yield/Annual Catch Limit........ 23,961 2,710
Domestic Annual Harvest................. 23,961 2,710
Border Transfer......................... 0 0
Domestic Annual Processing.............. 23,961 2,710
US At-Sea Processing.................... 0 0
Area 1A Sub-ACL (28.9%)................. 6,925 783
Area 1B Sub-ACL (4.3%).................. 1,030 117
Area 2 (27.8%).......................... 6,661 753
Area 3 (39%)............................ 9,345 1,057
Fixed Gear Set-Aside.................... 30 30
Research Set-Aside...................... 0% 0%
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* 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.
[[Page 103697]]
OFL
OFL is equal to catch resulting from applying FMSY to a
current estimate of stock size. This action decreases the 2025 OFL by
55 percent relative to the current 2025 OFL. The difference between the
current and reduced OFLs is due to data updates during the 2024
assessment. FMSY is lower in the 2024 assessment than it was
in the previous 2022 assessment (0.45 and 0.50, respectively) and
projected biomass is much lower in the 2024 assessment than it was in
the 2022 assessment (47,955 mt and 79,231 mt, respectively).
ABC
ABC must be less than or equal to the OFL. This action reduces the
current 2025 ABC by 76 percent. The difference between the current and
reduced ABCs are due to data updates contained and discussed in the
2024 assessment. Under the ABC control rule, the target F that defines
the ABC depends on the ratio of biomass to BMSY. The smaller
the ratio, the smaller the target F and ABC. Biomass is lower in the
2024 assessment than it was in the 2022 assessment, causing the ratio
of biomass to BMSY to decrease relative to the 2022
assessment, resulting in a lower target F and ABC.
Management Uncertainty
The ACL is reduced from the ABC 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 2025 ABC 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 (4,031 mt) is based on New Brunswick weir
fishery landings during 2014-2023.
Other Specifications Components
The Council recommended maintaining the remainder of the 2025
herring specifications at current levels or using existing methodology
to calculate them, as described in Table 1, and NMFS agrees with this
approach.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Pursuant to section 305(d), this action is
necessary to carry out the Atlantic Herring FMP and its regulations at
Sec. 648.200(e). Consistent with the FMP and regulations, in this
action NMFS reduces the 2025 herring specifications to achieve
conservation and management objectives, after consulting with the
Council at its September 2024 meeting. The NMFS Assistant Administrator
(AA) has determined that this rule is consistent with Atlantic Herring
FMP, National Standards and other provisions of the Magnuson-Stevens
Act, and other applicable law.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is not required to be
issued with opportunity for prior notice and opportunity for public
comment.
This interim final rule is exempt from the procedures of Executive
Order (E.O.) 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
This interim final rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
The AA finds good cause under 5 U.S.C. 553(b)(B) that prior notice
and the opportunity for public comment on this interim final rule would
be impracticable and contrary to the public interest because this
action to make an in-season adjustment to reduce the 2025 Atlantic
herring specifications would lessen the risk of overfishing and help
rebuild the stock, consistent with the Magnuson-Stevens Act, and the
Atlantic Herring FMP, including the rebuilding plan.
Data in the 2024 assessment, which was completed in June, showed
that the stock continues to be overfished with overfishing not
occurring. At its September 2024 meeting, the Council reviewed the 2024
stock assessment and recommended new specifications for 2025-2027.
Catch projections in the 2024 assessment indicate the need for an
almost 90-percent reduction in the current 2025 ACL (23,961 mt) to the
adjusted 2025 ACL (2,710 mt), as reduced in this in-season adjustment.
NMFS intends to implement the 2025-2027 specifications in proposed and
final rules via the notice and comment rulemaking process as soon as
possible, but the 2025-2027 specifications would not be effective in
time for the start of the fishing year on January 1, 2025. However,
implementing the adjusted 2025 specifications after the start of the
fishing year on January 1, 2025, would raise a significant risk that
catch occurring before implementation may exceed the adjusted 2025
catch limits.
The Atlantic Herring FMP regulations at Sec. 648.200(e) specify
that NMFS may adjust the herring specifications and sub-ACLs to achieve
conservation and management objectives, after consulting with the
Council, in accordance with the Administrative Procedure Act and
consistent with FMP objectives and provisions. To ensure adjusted
(reduced) 2025 harvest specifications are in place at the start of the
fishing year on January 1, 2025, thus lessening the risk of overfishing
and helping rebuild the stock, the Council requested NMFS to use an in-
season adjustment to reduce the 2025 specifications and sub-ACLs as
soon as possible, and NMFS concurs. Public testimony at the September
Council meeting largely reflected the understanding that this 2025 in-
season adjustment is necessary to lessen the risk of overfishing and
help rebuild the stock. A delay in implementing adjusted (reduced) 2025
specifications would increase the risk that 2025 catch levels would
exceed the adjusted (reduced) limits, potentially resulting in
overfishing and negatively affecting stock rebuilding.
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 the date of effectiveness for
this interim final rule. Waiving the delay in the date of effectiveness
for this in-season action to adjust (reduce) the 2025 catch limits
would allow the adjusted catch limits to go in effect at the start of
the fishing year, whereas delaying the effective date could undermine
this action's intended conservation benefits of lessening the risk of
overfishing and helping rebuild the stock.
Authority: 16 U.S.C. 1801 et seq.
[[Page 103698]]
Dated: December 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-30083 Filed 12-18-24; 8:45 am]
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