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

<RULE> DEPARTMENT OF COMMERCE <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY> <CFR>50 CFR Part 648</CFR> <DEPDOC>[Docket No: 230316-0077; RTID 0648-XF343]</DEPDOC> <SUBJECT>Fisheries of the Northeastern United States; Atlantic Herring Fishery; Second 2025 Management Area 1A Possession Limit Adjustment</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. <HD SOURCE="HED">ACTION:</HD> Temporary rule; possession limit adjustment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> NMFS is implementing a 2,000-pound (lb; 907.2-kilogram (kg)) possession limit for Atlantic herring for Management Area 1A. This adjustment is required because NMFS projects that herring catch from Area 1A has reached 92 percent of the Area's sub-annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 1A, which would result in additional catch limit reductions in a subsequent year. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> December 2, 2025, through December 31, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Ashley Trudeau, Fishery Resource Management Specialist, (978) 281-9252. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> 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 1A when 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 estimates that the herring fleet caught 102 percent of the Area 1A sub-ACL through November 26, 2025. Therefore, unless otherwise changed by subsequent action, effective 0001 hr local time December 2, 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 1A. Vessels that enter port before 0001 hr local time on December 2, 2025, may land and sell more than 2,000 lb (907.2 kg) of herring from Area 1A from that trip, provided that the catch is landed in accordance with state management measures. Vessels may transit or land in Area 1A with more than 2,000 lb (907.2 kg) of herring on board, provided that: the herring were caught in an area not subject to a 2,000-lb (907.2-kg) limit; all fishing gear is stowed and not available for immediate use; and the vessel is issued a permit appropriate to the amount of herring on board and the area where the herring was harvested. Also, unless otherwise changed by subsequent action, effective 0001 hr local time, December 2, 2025, through 2400 hr local time, December 31, federally permitted dealers may not attempt or do any of the following: purchase; receive; possess; have custody or control of; sell; barter; trade; or transfer more than 2,000 lb (907.2 kg) of herring per trip or calendar day from Area 1A, unless it is from a vessel that enters port before 0001 hr local time on December 2, 2025, and catch is landed in accordance with state management measures. On June 25, 2025, NMFS proposed new 2025-2027 herring specifications, which, if they become final, would increase the 2025 ACL and sub-ACLs, including the Area 1A sub-ACL (90 FR 26955). If appropriate, the 2,000-lb possession limit for Area 1A would be lifted until 92 percent of the new 2025 Area 1A sub-ACL is projected to be caught, including all 2025 Area 1A catch harvested prior to implementation of the new specifications. <HD SOURCE="HD1">Classification</HD> NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act. It is required by 50 CFR part 648, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(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, and Management Area 1A opened to fishing on July 27, 2025. The first 2025 Management Area 1A possession limit adjustment was implemented on August 6, 2025 when over 99 percent of the Area 1A sub-ACL was projected to be caught. Because the New Brunswick weir fishery landed less than 2,722 mt of herring through October 1, 2025, 1,000 mt were subtracted from the management uncertainty buffer and reallocated to the herring ACL and Area 1A sub-ACL (90 FR 51570, August 18, 2025). This re-allocation allowed Area 1A to briefly re-open until 92 percent of the adjusted Area 1A was projected to be caught. 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 1A will likely be exceeded; thereby undermining the conservation objectives of the Herring Fishery Management Plan (FMP). If sub-ACLs are exceeded, the excess must be deducted from a future sub-ACL and would reduce future fishing opportunities. The public expects these actions to occur in a timely way consistent with the FMP's objectives. For the reasons stated above, NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C. 553(d)(3). <HD SOURCE="HED">Authority: </HD> 16 U.S.C. 1801 <E T="03">et seq.</E> <SIG> <DATED>Dated: December 1, 2025.</DATED> <NAME>Kelly Denit,</NAME> Director, Office of Sustainable Fisheries, National Marine Fisheries Service. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2025-21916 Filed 12-2-25; 4:15 pm]</FRDOC> </RULE>