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]

Download as PDF 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. lotter on DSK11XQN23PROD with RULES1 § 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 VerDate Sep<11>2014 16:31 Dec 18, 2024 Jkt 265001 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: PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 103695 (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 E:\FR\FM\19DER1.SGM 19DER1 103696 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) lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 16:31 Dec 18, 2024 Jkt 265001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1 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). lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:31 Dec 18, 2024 Jkt 265001 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 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 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. E:\FR\FM\19DER1.SGM 19DER1 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: lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:31 Dec 18, 2024 Jkt 265001 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 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 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. E:\FR\FM\19DER1.SGM 19DER1

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
------------------------------------------------------------------------
                                           Current 2025
             Specifications                    (mt)        New 2025 (mt)
------------------------------------------------------------------------
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%
------------------------------------------------------------------------
* 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]
BILLING CODE 3510-22-P
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