As of 00:01 hr local time on January 13, 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 3.
Vessels that have entered port before 00:01 hr local time on January 13, 2023, may land and sell more than 2,000 lb of herring from Management Area 3 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 3 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 13, 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 of herring per trip or calendar day from Area 3, unless it is from a vessel that enters port before 00:01 hr local time on January 13, 2023, and catch is landed in accordance with state management measures.
The current Area 3 sub-ACL is equal to the 2023 Area 3 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 3 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 98 percent of the updated 2023 Area 3 sub-ACL. If/when we project that herring catch will exceed 90 percent of the updated Area 3 sub-ACL, we will implement a 40,000-lb possession limit in Area 3 in accordance with the regulations at 50 CFR 648.201(a)(1)(i)(B)(1). If/when we project that herring catch will exceed 98 percent of the updated Area 3 sub-ACL, we will implement a 2,000-lb possession limit in Area 3 in accordance with the regulations at § 648.201(a)(1)(i)(B)(2).
Figure 1. Map of Herring Management Areas Highlighting Area 3.
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
