Framework Adjustment 9 to the Atlantic Herring Fishery Management Plan

We are approving and implementing Framework 9 to the Atlantic Herring Fishery Management Plan (FMP). This action establishes a herring rebuilding plan, adjusts accountability measure catch threshold triggers when an annual catch limit (ACL) or sub-ACL is exceeded, and revises and clarifies existing regulations. This bulletin summarizes the herring rebuilding plan and adjustments to accountability measure catch threshold triggers. More details on revisions to existing regulations can be found in the Framework 9 final rule.

Herring Rebuilding Plan

This action establishes a herring rebuilding plan that continues the use of the acceptable biological catch (ABC) control rule that is currently used to set herring specifications. The ABC control rule is intended to ensure sustainable harvest of the herring resource and account for herring’s role as forage in the ecosystem. The ABC control rule limits fishing mortality (F) to 80 percent of the fishing mortality rate to support maximum sustainable yield when herring biomass is high, and restricts fishing further when biomass is low. Under the rebuilding plan, F will range from a low of 0.09 (fishing year 2022) to a high of 0.43 (fishing year 2026) based on current stock biomass projections. Current projections indicate that the herring stock can rebuild in 5 years (by fishing year 2026) under this rebuilding plan, assuming long-term average recruitment.

Adjustments to Accountability Measure Catch Threshold Triggers

This action adjusts accountability measure catch threshold triggers so that an overage of a management area sub-ACL in one fishing year (Year 1) will only be deducted in a subsequent fishing year (Year 3) if the overage exceeds 10 percent of the sub-ACL; and/or if the ACL is also exceeded in the same year. Under these regulations, the following overage scenarios are possible:

• Catch exceeds a sub-ACL by 10 percent or less but does not exceed the ACL in a given fishing year: We will not deduct any amount of the overage from the applicable sub-ACL or ACL in the fishing year following total catch determination.
• Catch exceeds a sub-ACL by more than 10 percent but does not exceed the ACL in a given fishing year: We will subtract the amount of the overage above 10 percent from the applicable sub-ACL and ACL in the fishing year following total catch determination. For example, if catch exceeded the Area 1A sub-ACL by 15 percent in Year 1 and the ACL was not exceeded, the amount equal to the 5 percent overage would be deducted from the ACL and Area 1A sub-ACL Year 3.
• Catch exceeds a sub-ACL by any amount and also exceeds the ACL in a given fishing year: We will subtract the full amount of the sub-ACL overage from the applicable sub-ACL, and the full amount of the ACL overage from the ACL, in the fishing year following total catch determination. For example, if catch exceeded the Area 1A sub-ACL by 15 percent and the ACL by 5 percent in Year 1, the amount equal to the 15-percent overage would be deducted from the Area 1A sub-ACL and the amount equal to the 5-percent overage would be deducted from the ACL in Year 3.
• Catch exceeds the ACL but does not exceed any sub-ACLs in a given fishing year: We will subtract the full amount of the overage from the ACL in the fishing year following total catch determination. For example, if catch exceeded the herring ACL by 2 percent in Year 1 and no sub-ACLs were exceeded, the amount equal to the 2-percent overage would be deducted from the ACL only in Year 3.

Questions and Answers

Why are we implementing a rebuilding plan for herring?

• The 2020 herring stock assessment found that the herring stock was overfished and not subject to overfishing. This represents a change from the 2018 assessment, which found that the herring stock was not subject to overfishing and was approaching an overfished condition.
• When a stock is determined to be overfished, we are required by law to implement a rebuilding plan that will rebuild the stock as quickly as possible, not to exceed 10 years when biologically possible.

Does the rebuilding plan impact the fishing year 2022 herring fishery specifications?

• No, this action does not modify the specifications that the herring fishery is operating under during fishing year 2022.

How is it possible for catch to exceed the herring ACL but none of the herring management area sub-ACLs in a given fishing year?

• Herring regulations require that when there is unharvested catch in a management area in a given fishing year, a portion of the unharvested catch (equaling up to 10 percent of the area’s sub-ACL) is carried over and added to the applicable sub-ACL in a subsequent fishing year. Carryover of unharvested catch does not get added to the ACL.
• Since carryover does not get added to the ACL, this can create a situation where the sum of the management area sub-ACLs is greater than the herring ACL.
• When that occurs, it is possible for the fishery to catch more than the ACL while staying within each of the management area sub-ACLs. Table 1 below provides an example illustrating how this could occur. j

Table 1. Example Scenario in which Herring Catch could exceed the ACL but not any Management Area sub-ACLs

Questions?

Contact Maria Fenton at maria.fenton@noaa.gov; (978) 281-9196

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.