As of 00:01 hr local time on January 11, 2023, through December 31, 2023, no one may 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 (Figure 1).
Vessels that have entered port before 00:01 hr local time on January 11, 2023, may land and sell more than 2,000 lb of herring from Management Area 1B from that trip, provided that catch is landed in accordance with state management measures. While this possession limit is in place, vessels may transit or land in Area 1B with more than 2,000 lb 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 on January 11, 2023, 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 1B, unless it is from a vessel that enters port before 00:01 hr local time on January 11, 2023, and catch is landed in accordance with state management measures.
The current Area 1B sub-ACL is equal to is equal to the 2023 Area 1B sub-ACL that was previously implemented through Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan, which by regulation remains in place until it is revised by new specifications. NOAA Fisheries is working on a final rule that will set herring fishery specifications for 2023-2025. Once the updated 2023 specifications (including an updated Area 1B sub-ACL) are in effect, we may remove the 2,000-lb possession limit being implemented through this action, provided herring catch does not exceed 92 percent of the updated 2023 Area 1B sub-ACL. If/when we project that herring catch will exceed 92 percent of the updated Area 1B sub-ACL, we will implement a 2,000-lb possession limit in Area 1B in accordance with the regulations at 50 CFR 648.201(a)(1)(i)(A).
Figure 1. Map of Herring Management Areas Highlighting Area 1B.
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.