Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2025 Management Area 1B Possession Limit Adjustment, 2640-2641 [2025-00536]

Download as PDF 2640 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations providing opportunities equitably across all time periods. ddrumheller on DSK120RN23PROD with RULES1 Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Per § 635.5(b)(2)(i)(A), dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/Headboat category vessel owners are required per § 635.27(a)(4) to report their own catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing https:// hmspermits.noaa.gov by using the HMS Catch Reporting app, by using other apps approved by NMFS for HMS reporting, or calling (888) 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may access https:// hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635 and this action is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS (AA) finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and opportunity to provide comment on this action, as notice and comment would be impracticable and contrary to the public interest. Specifically, the regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason adjustments and quota transfers to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Providing prior notice and opportunity for public comment is impracticable and contrary to the public interest as this fishery is currently VerDate Sep<11>2014 18:15 Jan 09, 2025 Jkt 265001 underway. Based on current landings information, the available time period subquota is projected to be reached shortly. Delaying this action could result in BFT landings exceeding the January through March time period subquota. Additionally, a delay in implementing this transfer would preclude the fishery from harvesting BFT that are currently available on the fishing grounds and that might otherwise become unavailable. This action does not raise conservation and management concerns and would support effective management of the BFT fishery. Transferring quota from the General category December time period to the General category January through March time period does not affect the overall ICCAT-allocated U.S. BFT quota. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment criteria. For all of the above reasons, the AA finds that pursuant to 5 U.S.C. 553(d), there is good cause to waive the 30-day delay in effective date. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: January 8, 2025. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2025–00625 Filed 1–8–25; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No: 230316–0077] RTID 0648–XE604 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2025 Management Area 1B Possession Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; possession limit adjustment. AGENCY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit for Atlantic herring for Management Area 1B. This is required because NMFS projects that herring catch from Area 1B will reach 92 percent of the Area’s subannual catch limit before the end of the fishing year. This action is intended to SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 prevent overharvest of herring in Area 1B, which would result in additional catch limit reductions in a subsequent year. DATES: Effective 00:01 hours (hr) local time, January 8, 2025, through December 31, 2025. FOR FURTHER INFORMATION CONTACT: Colette Tweeddale, Fishery Management Specialist, 978–281–9335. SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater Atlantic Regional Office monitors Atlantic herring fishery catch in each Management Area based on vessel and dealer reports, state data, and other available information. Regulations at 50 CFR 648.201(a)(1)(i)(A) require implementation of a 2,000-lb (907.2-kg) possession limit for herring for Area 1B beginning on the date that catch is projected to reach 92 percent of the subannual catch limit (ACL) for that area. The Magnuson-Stevens Fishery Conservation and Management Act provides authority to implement the possession limit only to the Secretary of Commerce, which has been delegated to the Regional Administrator. Based on vessel reports, dealer reports, and other available information, the Regional Administrator projects that the herring fleet will have caught 92 percent of the Area 1B sub-ACL by January 8, 2025. Therefore, effective 00:01 hr local time January 8, 2025, through December 31, 2025, a person may not attempt or do any of the following: Fish for; possess; transfer; purchase; receive; land; or sell more than 2,000 lb of herring per trip or more than once per calendar day in or from Area 1B except as provided in §§ 648.201(b) and (c). Vessels that enter port before 00:01 hr local time on January 8, 2025, may land and sell more than 2,000 lb (907.2 kg) of herring from Area 1B from that trip, provided that catch is landed in accordance with state management measures. Vessels may transit or land in Area 1B with more than 2,000 lb (907.2 kg) of herring on board, provided that: The herring were caught in an area not subject to a 2,000-lb (907.2-kg) limit; all fishing gear is stowed and not available for immediate use; and the vessel is issued a permit appropriate to the amount of herring on board and the area where the herring was harvested. Also effective 00:01 hr local time, January 8, 2025, through 24:00 hr local time, December 31, 2025, federally permitted dealers may not attempt or do any of the following: Purchase; receive; possess; have custody or control of; sell; barter; trade; or transfer more than 2,000 lb (907.2 kg) of herring per trip or E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations calendar day from Area 1B, unless it is from a vessel that enters port before 00:01 hr local time on January 8, 2025 and catch is landed in accordance with state management measures. ddrumheller on DSK120RN23PROD with RULES1 Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment because it is unnecessary, contrary to the public interest, and impracticable. Ample prior notice and opportunity for public comment has been provided for the required implementation of this action. The requirement to implement this possession limit was developed by the New England Fishery Management Council using public meetings that invited public comment on the measures when they were developed and considered along with alternatives. VerDate Sep<11>2014 18:15 Jan 09, 2025 Jkt 265001 Further, the regulations requiring implementation of this possession limit also were subject to public notice and opportunity to comment, when they were first adopted in 2014. Herring fishing industry participants monitor catch closely and anticipate potential possession limit adjustments as catch totals approach Area sub-ACLs. The regulation is not discretionary and is designed for implementation as quickly as possible to prevent catch from exceeding limits designed to prevent overfishing while allowing the fishery to achieve optimum yield. The 2025 herring fishing year began on January 1, 2025. Data indicating that the herring fleet will have landed at least 92 percent of the 2025 sub-ACL allocated to Area 1B only recently became available. High-volume catch and landings in this fishery can increase total catch relative to the sub-ACL quickly, especially in this fishing year where annual catch limits are unusually PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 2641 low. If implementation of this possession limit adjustment is delayed to solicit prior public comment, the 2025 sub-ACL for Area 1B will likely be exceeded; thereby undermining the conservation objectives of the Herring Fishery Management Plan (FMP). If subACLs are exceeded, the excess must be deducted from a future sub-ACL and would reduce future fishing opportunities. The public expects these actions to occur in a timely way consistent with the FMP’s objectives. For the reasons stated above, NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: January 7, 2025. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2025–00536 Filed 1–8–25; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2640-2641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No: 230316-0077]
RTID 0648-XE604


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2025 Management Area 1B Possession Limit Adjustment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; possession limit adjustment.

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SUMMARY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit 
for Atlantic herring for Management Area 1B. This is required because 
NMFS projects that herring catch from Area 1B will reach 92 percent of 
the Area's sub-annual catch limit before the end of the fishing year. 
This action is intended to prevent overharvest of herring in Area 1B, 
which would result in additional catch limit reductions in a subsequent 
year.

DATES: Effective 00:01 hours (hr) local time, January 8, 2025, through 
December 31, 2025.

FOR FURTHER INFORMATION CONTACT: Colette Tweeddale, Fishery Management 
Specialist, 978-281-9335.

SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater 
Atlantic Regional Office monitors Atlantic herring fishery catch in 
each Management Area based on vessel and dealer reports, state data, 
and other available information. Regulations at 50 CFR 
648.201(a)(1)(i)(A) require implementation of a 2,000-lb (907.2-kg) 
possession limit for herring for Area 1B beginning on the date that 
catch is projected to reach 92 percent of the sub-annual catch limit 
(ACL) for that area. The Magnuson-Stevens Fishery Conservation and 
Management Act provides authority to implement the possession limit 
only to the Secretary of Commerce, which has been delegated to the 
Regional Administrator.
    Based on vessel reports, dealer reports, and other available 
information, the Regional Administrator projects that the herring fleet 
will have caught 92 percent of the Area 1B sub-ACL by January 8, 2025. 
Therefore, effective 00:01 hr local time January 8, 2025, through 
December 31, 2025, a person may not attempt or do any of the following: 
Fish for; possess; transfer; purchase; receive; land; or sell more than 
2,000 lb of herring per trip or more than once per calendar day in or 
from Area 1B except as provided in Sec. Sec.  648.201(b) and (c).
    Vessels that enter port before 00:01 hr local time on January 8, 
2025, may land and sell more than 2,000 lb (907.2 kg) of herring from 
Area 1B from that trip, provided that catch is landed in accordance 
with state management measures. Vessels may transit or land in Area 1B 
with more than 2,000 lb (907.2 kg) of herring on board, provided that: 
The herring were caught in an area not subject to a 2,000-lb (907.2-kg) 
limit; all fishing gear is stowed and not available for immediate use; 
and the vessel is issued a permit appropriate to the amount of herring 
on board and the area where the herring was harvested.
    Also effective 00:01 hr local time, January 8, 2025, through 24:00 
hr local time, December 31, 2025, federally permitted dealers may not 
attempt or do any of the following: Purchase; receive; possess; have 
custody or control of; sell; barter; trade; or transfer more than 2,000 
lb (907.2 kg) of herring per trip or

[[Page 2641]]

calendar day from Area 1B, unless it is from a vessel that enters port 
before 00:01 hr local time on January 8, 2025 and catch is landed in 
accordance with state management measures.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive 
prior notice and the opportunity for public comment because it is 
unnecessary, contrary to the public interest, and impracticable. Ample 
prior notice and opportunity for public comment has been provided for 
the required implementation of this action. The requirement to 
implement this possession limit was developed by the New England 
Fishery Management Council using public meetings that invited public 
comment on the measures when they were developed and considered along 
with alternatives. Further, the regulations requiring implementation of 
this possession limit also were subject to public notice and 
opportunity to comment, when they were first adopted in 2014. Herring 
fishing industry participants monitor catch closely and anticipate 
potential possession limit adjustments as catch totals approach Area 
sub-ACLs. The regulation is not discretionary and is designed for 
implementation as quickly as possible to prevent catch from exceeding 
limits designed to prevent overfishing while allowing the fishery to 
achieve optimum yield.
    The 2025 herring fishing year began on January 1, 2025. Data 
indicating that the herring fleet will have landed at least 92 percent 
of the 2025 sub-ACL allocated to Area 1B only recently became 
available. High-volume catch and landings in this fishery can increase 
total catch relative to the sub-ACL quickly, especially in this fishing 
year where annual catch limits are unusually low. If implementation of 
this possession limit adjustment is delayed to solicit prior public 
comment, the 2025 sub-ACL for Area 1B will likely be exceeded; thereby 
undermining the conservation objectives of the Herring Fishery 
Management Plan (FMP). If sub-ACLs are exceeded, the excess must be 
deducted from a future sub-ACL and would reduce future fishing 
opportunities. The public expects these actions to occur in a timely 
way consistent with the FMP's objectives. For the reasons stated above, 
NMFS also finds good cause to waive the 30-day delayed effectiveness in 
accordance with 5 U.S.C. 553(d)(3).
    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 7, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2025-00536 Filed 1-8-25; 4:15 pm]
BILLING CODE 3510-22-P
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