[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Rules and Regulations]
[Pages 7000-7004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3167]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120131078-2207-01]
RIN 0648-XA913
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Gulf of Maine Winter Flounder Catch Limit
Revisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; request for comments.
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SUMMARY: NMFS issues this final emergency rule under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
This action implements new stock status determination criteria for Gulf
of Maine (GOM) winter flounder and associated increases in GOM winter
flounder catch limits based on the most recent and best available
scientific information. This action increases fishing year (FY) 2011
GOM winter flounder catch levels, including Overfishing Levels (OFLs),
Acceptable Biological Catches (ABCs), Annual Catch Limits (ACLs), ACL
components, and sector Annual Catch Entitlements (ACEs). The ACL
components include sub-ACLs for the common pool and sectors. This
action is intended to provide additional fishing opportunities,
consistent with the Northeast (NE) Multispecies Fishery Management Plan
(FMP) and the Magnuson-Stevens Act.
DATES: Effective February 7, 2012, through April 30, 2012. Comments
must be received by March 12, 2012.
FOR FURTHER INFORMATION CONTACT: Melissa Vasquez, Fishery Policy
Analyst, (978) 281-9166, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This final emergency rule implements emergency measures, authorized
by section 305(c) of the Magnuson-Stevens Act, to revise current GOM
winter flounder catch limits immediately. On May 1, 2010, NMFS
implemented catch limits developed by the New England Fishery
Management Council (Council) under Framework Adjustment (FW) 44 (75 FR
18356; April 9, 2010) for all groundfish stocks, including GOM winter
flounder, for FY 2010 through 2012. The catch levels specified by FW 44
included OFLs, ABCs, ACLs, and ACL components, including sub-ACLs for
the common pool and sectors. On June 15, 2011, NMFS published (76 FR
34903) adjusted ACL subcomponents and adjusted sector ACEs for FY 2011
in order to reflect changes to the sector membership prior to the start
the 2011 FY.
The FW 44 catch levels for all stocks, including GOM winter
flounder, were based upon the most recent scientific information
available at that time, i.e., the stock assessments conducted by the
Groundfish Assessment Review Meeting (GARM III) in 2008. The GARM III
rejected the GOM winter flounder assessment due to its high degree of
uncertainty, but concluded that there was a strong probability that the
GOM winter flounder stock was overfished. As a result, the FY 2010-2012
catch levels in FW 44 were set at 75 percent of recent catches from
2006-2008; an annual ABC of 239 mt was set for FY 2010, 2011, and 2012.
A new peer reviewed benchmark stock assessment review (SARC 52) was
completed for the winter flounder complex in June 2011, and the final
summary report was completed in September 2011. The review committee
accepted an assessment that provided an estimate of stock size and a
proxy for FMSY. The overfishing threshold was derived using
F 40 percent (0.31) as a proxy for FMSY, and 0.23 as the
corresponding threshold exploitation rate. Based on this information,
the estimate of fishing mortality in 2010 was 0.03 (13 percent of
FMSY). Reviewers were able to determine from the data that
the stock is not undergoing overfishing, but could not make an estimate
of target biomass and, therefore, could not determine whether the stock
is in an overfished condition.
The Council developed updated groundfish specifications, including
updates for GOM winter flounder, for FY 2012-2014 through FW 47 to the
NE Multispecies FMP. Using information from the new GOM winter flounder
assessment, at its September 2011 meeting, the Council's Scientific and
Statistical Committee (SSC) recommended an annual ABC of 1,078 mt for
FY 2012-2014, a substantially higher amount than the currently
specified FY 2010-2012 ABC of 239 mt. This recommendation was approved
by the Council in November 2011 as part of FW 47, which is targeted for
implementation, if approved, for FY 2012 (May 1, 2012).
Through a letter sent November 21, 2011, the Council requested,
based on the new assessment results, that the Secretary of Commerce
(Secretary) use emergency authority to increase the FY 2011 GOM winter
flounder commercial ACL for the remainder of the 2011 FY out of concern
that the current FY 2011 ACL may be unnecessarily constraining on the
groundfish fishery. Recent catch information indicates that catches of
this stock are higher than last year and may lead to lost opportunities
for groundfish fishermen if the quota is reached before the end of the
FY. Catch of GOM winter flounder as of January 7, 2012, indicated that
nearly 56 percent of the FY 2011 commercial groundfish fishery sub-ACL
has already been caught, with sectors having caught nearly 57 percent
of their sub-ACL for this stock. During FY 2010, nearly 75 percent of
the annual GOM winter flounder catch was harvested after November. This
suggests that if those catch rates were to continue during FY 2011, the
majority of the groundfish fishery would likely have to stop fishing in
the GOM to avoid exceeding the sub-ACL for this stock by the end of FY
2011 (April 30, 2012), resulting in potentially substantial lost
economic yield for the groundfish fishery.
NMFS policy guidelines for the use of emergency rules (62 FR 44421;
August 21, 1997) pursuant to section 305(c) of the Magnuson-Stevens Act
specify three criteria that define what an emergency situation is, and
justification for final rulemaking: (1) The emergency results from
recent, unforeseen events or recently discovered circumstances; (2) the
emergency presents serious conservation or management problems in the
fishery; and (3) the emergency can be addressed through emergency
regulations for which the immediate benefits outweigh the value of
advance notice, public comment, and deliberative consideration of the
impacts on participants to the same extent as would be expected under
the normal rulemaking process. NMFS policy guidelines further provide
that emergency action is justified for certain situations where
emergency action would prevent significant direct economic loss, or to
preserve a
[[Page 7001]]
significant economic opportunity that otherwise might be foregone.
The new information from the GOM winter flounder benchmark stock
assessment is considered to be a ``recently discovered circumstance,''
which, in the context of the current FMP and low GOM winter flounder
catch limits specified for FY 2011, has been determined by NMFS to
represent an emergency situation. This circumstance is the result of
the recently conducted assessment of GOM winter flounder, and the
subsequent recommendations by the SSC and the Council, which
significantly revised the stock status and specifications for this
stock for the fishery. Although the new assessment was completed in
June 2011, it was not possible to have predicted its outcome; nor could
the SSC's recommended FY 2012-2014 ABC, or the Council's subsequent
approval of this recommendation, have been foreseen in time to follow
normal procedures for implementing this type of action under the
Magnuson-Stevens Act. These decisions were made following the normal
procedures for updating fishery specifications under the MSA and the
FMP and would not have been completed any earlier. Although the Council
has the authority to develop a management action to modify the GOM
winter flounder catch limits, as exemplified through the adoption of
increased FY 2012-2014 catch limits for this stock under FW 47, such an
action could not be completed before the end of FY 2011. If the normal
regulatory process is used to revise the GOM winter flounder catch
limits, it would take substantially longer for the new limits to be
implemented, and could result in triggering restrictive, and
economically harmful management actions that otherwise may have been
avoided. The FMP requires that fishing effort be reduced or stopped if
catch of a single stock is projected to reach an ACL, and that
accountability measures (AMs) be implemented if an ACL is exceeded, to
payback an overage and to prevent the ACL from being exceeded again.
Recent catch information indicates that catches of this stock are
higher than last year and that, if these catch rates were to continue
for the remainder of FY 2011, the majority of the groundfish fishery
would likely have to stop fishing in the GOM well before the end of the
2011 FY in order to avoid exceeding the sub-ACL for this stock, Thus, a
delay in implementing the revised catch limits could potentially have
resulted in lost economic opportunity due to an early end to the FY
2011 fishing season, not only for GOM winter flounder, but also for
several other groundfish stocks that are caught together.
The emergency presents serious management problems because the low
catch limits for GOM winter flounder could result in substantially
reduced fishing effort and decreased catch and revenue due to the
multispecies nature of the fishery. When the projected catch of the ACL
for a single stock such as GOM winter flounder triggers a reduction or
cessation of fishing effort (for common pool and sector vessels,
respectively), catches of several other stocks that are caught
concurrently with GOM winter flounder may also be reduced.
NMFS has determined that the current situation meets the criteria
for emergency action. Because this is a Secretarial emergency action,
not a Council action, the involvement of the SSC in the specification
of ABC is not specifically required, although the emergency rule must
still be consistent with the best scientific information available. In
their letter, the Council suggested NMFS consider alternatives that
would increase the commercial groundfish GOM winter flounder sub-ACL
two to three fold. NMFS considered this request and developed a
preferred alternative that essentially implements the SSC and Council's
recommended FY 2012 ABC in FY 2011, but only releases a portion of this
ABC to the commercial fishery for the remainder of the current FY.
Rather than providing the full FY ACL to the fishery, the FY 2011 GOM
winter flounder ACL and ACL sub-components are increased by an amount
equivalent to the monthly proportion of the FY 2012 ACL applied over
what was the expected duration of this action (January-April 2012, or 4
months). Increasing the GOM winter flounder catch limits for the
remainder of FY 2011, while not providing the full FY ACL, would enable
the fishery to more effectively harvest available ACL for other stocks
caught in conjunction with GOM winter flounder, but not to a degree
that it would compromise efforts to rebuild other overfished stocks.
Further, providing the full increase could also lower the leasing
market price for this stock and potentially eliminate demand for this
stock on the sector annual catch entitlement (ACE) leasing market.
While this would benefit those seeking to acquire ACE for this stock,
it could eliminate any benefits to those wishing to sell ACE of this
stock to others. Each revised FY 2011 sub-ACL or sub-component was
derived by adding 4 months of the appropriate FY 2012 sub-ACL/sub-
component (as proposed in FW 47) to the FY 2011 catch (as of December
31, 2011) for that component: FY 2011 catch + ((FY 2012 sub-ACL/12)*4;
see Table 1). For the remainder of the 2011 FY, this alternative
effectively doubles the FW 44 FY 2011 commercial groundfish sub-ACL,
thereby increasing the sector and common pool sub-ACLs, and increases
the ACL sub-components allocated to the state waters fishery and
``other'' sub-component fisheries. Increasing the GOM winter flounder
ACL eliminates the potential loss of economic opportunity for
groundfish vessels by preventing an early closure of the fishery, and
allowing vessels a better chance to catch their allocations of more
abundant stocks by not constraining them under the FW 44 FY 2011 ACL.
Table 1--Derivation of Revised GOM Winter Flounder ACL Components for FY 2011
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Proposed FW 47 FY
GOM Winter Flounder ACL component 2012 catch level 4 Months of FW 47 Catch as of Dec. 31, Revised ACL
(mt) catch level (mt) 2011 (mt) component (mt)
(Column A) (Column B) (Column C) (Column D = B + C)
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State Waters sub-component...................................... 272 91 72 163
Other sub-component............................................. 54 18 14 32
Groundfish sub-ACL.............................................. 715 238 91 329
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Total ACL................................................... 1040 .................... .................... * 524
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* The total ACL is derived by adding up the sub-ACL and ACL sub-components, consistent with the method specified in FW 44, Appendix III.
[[Page 7002]]
The Secretary is taking emergency action to swiftly implement an
increase in the GOM winter flounder ACL. If the normal regulatory
process were to be used to revise the GOM winter flounder catch limits,
it would not be able to be completed prior to the end of the 2011 FY
(April 30, 2012), and so all potential benefits of this action would be
lost and could not be recouped the following year. Thus, the immediate
benefit of an emergency action outweighs the value that would be
derived from the normal regulatory process.
The duration of this action is limited by the Magnuson-Stevens Act
to 180 days. However, if the revised status determination criteria and
revised specifications is made permanent by the approval of FW 47,
which is targeted for implementation with the start of FY 2012 (May 1,
2012), then this temporary action is likely to be effective for the
remainder of the 2011 FY (until April 30, 2012) as it is expected that
FY 2012 specifications will be implemented before the start of FY 2012
(May 1, 2012).
Based upon the stock assessment results, NMFS is revising the stock
status determination criteria for GOM winter flounder. The revised
biomass target parameter (SSBMSY or its proxy) is classified
as ``undefined,'' and the maximum fishing mortality threshold is the
FMSY proxy F 40 percent MSP, or 0.31. To be consistent with
the swept-area biomass approach used to model the status of this stock,
FMSY must be converted to an exploitation rate (threshold
exploitation rate of 0.23).
Consistent with the revised stock status, NMFS is also revising the
GOM winter flounder catch limits for FY 2011, including the OFL, ABC,
ACL, and ACL components, including the FY 2011 sector ACEs and common
pool sub-ACL. The revised GOM winter flounder catch limits are
contained in Tables 2 and 3 below. NMFS conducted an analysis to
determine new GOM winter flounder trip limits for common vessels for FY
2011, but was unable to identify an appropriate limit. NMFS examined
historical fishing patterns, but little relationship could be found
between GOM winter flounder possession limits and catch rates of GOM
winter flounder in recent years. Also, possession limits did not appear
to be a limiting factor in the catch of GOM winter flounder, based on
this analysis. Furthermore, NMFS is concerned that a high GOM winter
flounder trip limit for the remainder of FY 2011 may increase catch of
GOM cod due to the multispecies nature of the fishery. Results from the
most recent assessment of this stock (SARC 53) suggests that catch of
GOM cod must be substantially reduced during FY 2012 to maintain
consistency with conservation objectives of the FMP. In addition, the
NMFS Northeast Regional Administrator has the authority under the
current regulations to revise common pool trip limits at any time
inseason to ensure that available sub-ACLs are caught and not exceeded.
Therefore, NMFS is maintaining the current GOM winter flounder 250 lb/
trip (113 kg)/trip) limit for common pool vessels. NMFS will continue
to monitor landings of GOM winter flounder and will increase this trip
limit, if necessary, to ensure the GOM winter flounder trip limit is
not constraining on common pool vessels during the remainder of FY
2011.
Table 2--Revised GOM Winter Flounder OFL, ABC, ACL and ACL Components
for FY 2011
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Current FW 44
GOM Winter flounder catch Adjusted catch Revised FY 2011
limits limits (mt) catch limits (mt)
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OFL......................... 570 1,458
ABC......................... 239 1,078
Total ACL................... 231 524
State Waters sub-component.. 60 163
Other sub-component......... 12 32
Groundfish sub-ACL.......... 159 329
Sector sub-ACL *............ 150 313
Common Pool sub-ACL *....... 8 16
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* Final rule that updated sector membership (76 FR 34903; June 15,
2011).
Table 3--GOM Winter Flounder ACE by Sector
[mt]
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Current ACE (mt) FW
Sector 44 adjustment Revised ACE (mt)
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Fixed Gear........................................................ 3.49 7.26
Maine Permit Bank Sector.......................................... 1.38 2.87
NCCS.............................................................. 1.43 2.98
NEFS 2............................................................ 33.34 69.43
NEFS 3............................................................ 17.37 36.16
NEFS 4............................................................ 7.45 15.51
NEFS 5............................................................ 0.51 1.06
NEFS 6............................................................ 5.84 12.15
NEFS 7............................................................ 1.38 2.87
NEFS 8............................................................ 5.33 11.09
NEFS 9............................................................ 3.85 8.02
NEFS 10........................................................... 43.21 89.97
NEFS 11........................................................... 3.20 6.66
NEFS 12........................................................... 0.50 1.04
NEFS 13........................................................... 1.98 4.12
PCGS.............................................................. 2.03 4.22
Sustainable Harvest Sector I...................................... 9.37 19.52
Sustainable Harvest Sector III.................................... 5.15 10.72
[[Page 7003]]
Tri-State......................................................... 3.29 6.86
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Total......................................................... 150 313
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All ACE values for sectors assume that each sector member has a valid permit for FY 2011.
NCCS: Northeast Coastal Communities Sector; NEFS: Northeast Fishery Sectors; PCGS: Port Clyde Community
Groundfish Sector.
An environmental assessment (EA) was prepared that analyzes the
impact of the revised GOM winter flounder catch limits for the
remainder of FY 2011, and compares the impact to the current catch
limits specified for FY 2011 (i.e., the No Action Alternative). The
revised level of GOM winter flounder catch is consistent with fishing
at a sustainable level of mortality (FMSY). Both scientific
and management uncertainty are accounted for in this catch level and
the ACL and ACL components are only getting a prorated increase, as
opposed to the full proposed FY 2012 ACL, so the risks of negative
biological impacts have been minimized. Furthermore, if the catch
limits specified here are exceeded, AMs will be triggered, further
reducing the risk of overfishing and adverse impacts to the stock. The
revision to the FY 2011 GOM winter flounder catch limits in this rule
may result in the catch of substantially more GOM winter flounder than
under the No Action Alternative. The larger catch limit for GOM winter
flounder may result in greater fishing effort and greater catch of
other stocks in addition to GOM winter flounder, as compared to the
current GOM winter flounder catch limits, because it is not likely that
GOM winter flounder will serve as a constraining stock. However, all
stocks have catch limits and management measures designed to manage
catches, so additional fishing effort that could result from a larger
GOM winter flounder catch limit is not likely to negatively impact
other stocks or result in catches exceeding catch limits for other
stocks. Given the preliminary results of the recent GOM cod assessment,
NMFS was concerned that an increase in the GOM winter flounder ACL
could have an impact on GOM cod, since these two stocks co-occur.
However, in light of the overall effort reductions in the fishery and
the constraints on fishing effort in effect, including the GOM cod ACL
and a prohibition on discarding by sector vessels, effects on GOM cod
should not be significant.
The larger catch limit for GOM winter flounder may result in an
increased interaction of groundfish gear with protected species, as a
result of increased effort. However, the increased effort in the
context of the overall fishery is not expected to result in negative
impacts to protected species. Five distinct population segments (DPSs)
of Atlantic sturgeon are currently proposed to be listed under the ESA.
Four DPSs are proposed to be listed as endangered (New York Bight,
Chesapeake Bay, Carolina, and South Atlantic) and one DPS as threatened
(Gulf of Maine). A final listing determination is expected in January
2012. Because analysis has shown that the NE multispecies fishery may
interact with Atlantic sturgeon, if these DPSs are listed, a formal
consultation will be reinitiated for the NE Multispecies FMP that will
analyze the effects of any fishery interactions in a biological opinion
(BO). NMFS will implement any appropriate measures outlined in the BO
to mitigate harm to Atlantic sturgeon. It is difficult to predict the
amount of fishing effort that will occur during the remainder of FY
2011 as a result of this action, due to the novelty of management
changes in the fishery in recent years. Although effort may be expected
to increase as a result of this action, the overall fishing effort in
the fishery is expected to be lower than what has occurred in previous
years as a result of overall mortality reductions implemented through
Amendment 16 and FW 44 for GOM winter flounder and other stocks.
Therefore, the net effect of the increase in the GOM winter flounder
catch limits for the limited duration of this action, the remaining
three months of FY 2011, will likely be negligible overall compared to
operation of the fishery in recent years. These measures, therefore,
are not likely to jeopardize the continued existence of Atlantic
sturgeon between now and the time when a final listing determination
will be made.
Due to the increased amount of GOM winter flounder catch allowed
under this emergency action, the revised GOM winter flounder ACL
represents an increase of potential revenue of $1.2 million, assuming
recent average prices for GOM winter flounder remain steady, and
assuming that the full ACL for GOM winter flounder will be harvested.
This estimate of GOM winter flounder revenue is likely high, given the
level of GOM winter flounder landings in recent years. Additional
revenue may be generated from increased catch of other stocks due to
the revised GOM winter flounder catch limits. The primary economic
benefit of the revised ACL is expected to be associated with reducing
the likelihood that an accountability measure would be triggered for
the common pool and for sectors. The triggering of accountability
measures would have reduced or precluded access to other stocks and the
associated revenue.
Even with a total increase in the revised sector specifications of
163 mt of GOM winter flounder, the common pool and one of the sectors
(NEFS XII) will still be left with less GOM winter flounder than their
collective memberships landed during FY 2010. That is, even though the
revised aggregate GOM winter flounder ACE is higher than the FY 2010
landings, the ACE for these sectors is still lower than the sector
members' FY 2010 combined GOM winter flounder landings. However, the
deficit for the one sector may be overcome by leasing ACE from other
sectors that may have a surplus of GOM winter flounder ACE, that is, an
ACE that is greater than their members' collective recent GOM winter
flounder landings. With respect to the impact of the revised GOM winter
flounder catch limit on individual members of sectors, there may be a
similar deficit or surplus between an individual vessel's allocation
from its sector and its own historical landings. However, these
differences may also be offset through trading within a vessel's sector
and with other sectors. The revised GOM winter flounder catch limits
may reduce the ACE market price for leasing GOM winter flounder, by
reducing the demand for GOM winter flounder on the ACE trading market.
The magnitude of this decline is highly uncertain.
[[Page 7004]]
However, NMFS is only allowing a limited increase in the GOM winter
flounder specifications, in order to provide additional fishing
opportunity to groundfish vessels without collapsing the lease price.
Classification
NMFS has determined that this rule is necessary to respond to an
emergency situation and is consistent with the Magnuson-Stevens Act and
other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds it
impracticable and contrary to the public interest to provide for prior
notice and opportunity for the public to comment under the provisions
of section 553(b)(B) of the Administrative Procedure Act. As more fully
explained above, the reasons justifying promulgation of this rule on an
emergency basis make solicitation of public comment contrary to the
public interest. This action would result in the benefit of the
revenues associated with larger GOM winter flounder catch limits. This
action could not allow for prior public comment because the scientific
review process and determination could not have been completed any
earlier due to the inherent time constraints associated with such
process. This action was initiated as a result of recently discovered
circumstances that warrant an increase in the FY 2011 GOM winter
flounder catch limits. A new assessment for GOM winter flounder was
completed in June 2011 that significantly revised the status of this
stock. As a result of the new assessment, the SSC recommended, and the
Council subsequently approved at its meeting on November 16, 2011,
substantially higher specifications for this stock for FY 2012-2014.
These decisions were made following the normal procedures for updating
fishery specifications under the MSA and the FMP, and could not have
been foreseen in time to follow normal procedures for implementing this
type of action under the Magnuson-Stevens Act. Although the Council
could have initiated a management action to modify the GOM winter
flounder catch limits for the remainder of FY 2011 at the time they
approved the SSC's recommendation, as they are doing with the FY 2012-
2014 catch limits for this stock under FW 47, such an action could not
have been completed before the end of FY 2011 (April 30, 2012), and
could have resulted in triggering restrictive and economically harmful
management actions that otherwise could have been avoided. As described
in an earlier paragraph, GOM winter flounder catch rates in FY 2011
have been such that reduction or cessation of fishing effort may have
been necessary before the end of the fishing year in order for the
common pool or sectors to avoid exceeding an ACL. An early end to the
fishing season could have meant lost economic opportunity for
groundfish vessels in the form of ACL left unharvested for GOM winter
flounder and other stocks caught with it. An emergency action can be
developed and implemented by NMFS much more swiftly than development of
a Council action, which is subject to procedural and other requirements
not applicable to the Secretary. Thus, NMFS initiated this temporary
rule, at the request of the Council, to revise the GOM winter flounder
catch limits before the end of FY 2011. If this rulemaking was delayed
to allow for notice and comment, the current quota for some sectors
could be exceeded, which could result in triggering restrictive and
economically harmful AMs that otherwise could have been avoided. A
sector that exceeds an allocation must pay back that overage on a
pound-for-pound basis in the following year. The time necessary to
provide for prior notice and opportunity for public comment for this
action could severely curtail fishing operations if the current ACL is
reached and measures to reduce or end fishing effort are triggered
prior to implementation of the increased catch limit. In the interest
of receiving public input on this action, the revised assessment upon
which this action was based is made available to the public, and this
action requests public comments on that document and the provisions in
this rule.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement for a 30-day delay in effectiveness under the
provisions of section 553(d) of the Administrative Procedure Act. As
stated above, this action would result in a benefit of additional
revenues associated with larger GOM winter flounder catch limits, and
more opportunity for groundfish vessels to harvest their allocations of
other stocks caught concurrently. This rule relieves a restriction by
increasing the catch limit for GOM winter flounder and, consequently,
extends fishing opportunity for fishermen that would otherwise be
constrained under the current catch limits, which are restrictive and
based on outdated biological information. If this rulemaking was
delayed to allow for a 30-day delay in effectiveness, the fishery would
likely forego some amount of the increase in catch level, and resulting
additional fishing opportunity, implemented by this rule, and could
suffer an early end to the fishing season before the end of FY 2011
(April 30, 2012). If the common pool was projected to catch the current
catch limit, while the effectiveness of the new catch limits in this
action is delayed, the regulations would still require NMFS to take
action to implement unnecessary restrictive measures in the GOM to
ensure the common pool did not exceed its current catch limit.
Similarly, sector vessels would still be required to end fishing effort
in the GOM if they reached their allocations under the current GOM
winter flounder catch limits. While these restrictions would be
alleviated after this rule becomes effective, the lost economic
opportunity of foregone catches of GOM winter flounder, and other
valuable groundfish stocks caught concurrently in the GOM, that would
result from a delay in the effectiveness of this action could not be
recouped in the few short weeks before the end of FY 2011, or in the
following fishing year. For these reasons, the AA finds good cause to
implement this rule immediately.
This emergency rule is exempt from E.O. 12866 because it contains
no implementing regulations.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 7, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-3167 Filed 2-7-12; 4:15 pm]
BILLING CODE 3510-22-P