Interim Final Rule Implementing 2023-2025 Atlantic Herring Fishery Specifications

2023-2025 Herring Fishery Specifications 

NOAA Fisheries is implementing an interim final rule that sets 2023-2025 Atlantic herring fishery specifications, as recommended by the New England Fishery Management Council. In 2021, the interim final rule implementing Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan (FMP) set herring fishery specifications for 2021-2023 based on the results of a 2020 herring management track assessment. This action replaces the default 2023 specifications that were implemented through Framework 8.

This action decreases the 2023 overfishing limit (OFL) by 35 percent relative to the default 2023 OFL, and increases the 2023 acceptable biological catch (ABC) by 90 percent relative to the default 2023 ABC. The remainder of the herring specifications set through this action remained status quo (e.g., research set-aside, border transfer), or they were calculated using status-quo methodology (e.g., management uncertainty, management area sub-annual catch limits (ACL)) (Table 1). This action also maintains status quo river herring and shad catch caps for 2023-2025 (Table 2).

Consistent with the opportunity for public comment provided by the regulations, NOAA Fisheries is implementing these specifications as recommended by the Council, subject to further consideration of additional public comments in response to this rule. For instructions on submitting public comments, please see the interim final rule as published in the Federal Register.

Table 1. Comparison of Default and Updated 2023-2025 Herring Fishery Specifications (mt).

Table 2. Comparison of Default and Updated 2023-2025 River Herring and Shad Catch Caps (mt).

Adjusted 2023 Herring Fishery Specifications 

This rule also adjusts 2023 herring fishery specifications to account for catch overages and unharvested catch from 2021. The 2023 Area 1B sub-ACL and Area 2 sub-ACL were increased to account for carryover of unharvested catch. The 2023 Area 1A sub-ACL, Area 3 sub-ACL, and ACL were reduced to account for catch overages in 2021. (Table 3)

Table 3. Summary of Adjusted 2023 Herring Fishery Specifications (mt).

Removal of 2,000-lb Possession Limits in Area 1B and Area 3 

In January 2023, we implemented a 2,000-lb herring possession limit in Area 1B because we projected that 92 percent of the Area 1B sub-ACL had been caught. We also implemented a 2,000-lb herring possession limit in Area 3 because we projected that 98 percent of the Area 3 sub-ACL had been caught. Since this action increases the Area 1B and Area 3 sub-ACLs relative to the default sub-ACLs that were in place to start the fishing year, herring catch no longer exceeds 92 percent of the updated Area 1B sub-ACL or 98 percent of the updated Area 3 sub-ACL. Therefore, we are removing the 2,000-lb possession limits in both of these management areas. We will continue to monitor herring catch against the updated ACL and sub-ACLs, and will implement possession limit adjustments if necessary in accordance with herring regulations. 

Other Measures 

This action also:

• Extends the target rebuilding date for herring from 2026 to 2028 to reflect the results of updated analyses;
• Removes regulations implementing the inshore midwater trawl gear restricted area in order to comply with a court order;
• Corrects an error in the coordinates for the Western Gulf of Maine Habitat Management Area; and
• Fixes an incorrect citation in the herring regulations pertaining to measures to address slippage.
• Restores general recordkeeping and reporting requirements that were unintentionally removed from the Code of Federal Regulations.

Please read the interim final rule as published in the Federal Register for additional information.

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