[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37816-37822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15448]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2153-02]
RIN 0648-BB62
Revisions to Framework Adjustment 47 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements; Updated Annual Catch Limits for Sectors and the Common
Pool for Fishing Year 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; adjustment to specifications.
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SUMMARY: Based on the final Northeast multispecies sector rosters
submitted as of May 1, 2012, NMFS is adjusting the fishing year 2012
specification of annual catch limits for commercial groundfish vessels
as well as sector annual catch entitlements for groundfish stocks. This
revision to fishing year 2012 catch levels is necessary to account for
changes in the number of participants electing to fish in either
sectors or the common pool fishery.
DATES: Effective June 22, 2012, through April 30, 2013.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, (978) 281-9182.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
(the Council) developed Amendment 16 to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) to establish a process for setting
groundfish annual catch limits (also referred to as ACLs or catch
limits) and accountability measures. The Council has a biennial review
process to develop catch limits and revise management measures.
Framework Adjustment (FW) 47 set annual catch limits for nine
groundfish stocks and three jointly managed U.S./Canada stocks for FY
2012-2014. We recently approved FW 47, which became effective on May 1,
2012 (77 FR 26104).
While the Council was working on FW 47, a new benchmark stock
assessment for Gulf of Maine (GOM) cod was finalized in January 2012.
The perception of the stock biomass changed dramatically as a result of
this assessment. The Council initially intended to include catch limit
alternatives based on these updated results in FW 47. However, after
the results were finalized, the Council elected not to recommend final
measures for GOM cod and requested that NMFS, acting on behalf of the
Secretary of Commerce, use the interim rulemaking authority provided at
section 305(c) of the Magnuson-Stevens Act to implement measures
designed to reduce, but not end, overfishing in fishing year (FY) 2012.
We published an emergency action for GOM cod on May 1, 2012 (77 FR
25623), consistent with the Council's request. The common pool and
sector GOM cod catch limits are based on this emergency action.
Along with FW 47 and the emergency GOM cod rule, we recently
approved FY 2012 sector operations plans and allocations (77 FR 26129,
May 2, 2012) (the``sector rule''). A sector receives an allocation of
each stock, or annual catch entitlement (referred to as ACE, or
allocation), based on its members' catch histories. State-operated
permit banks also receive an allocation that can be transferred to
qualifying sector vessels (for more information, see Amendment 17, 77
FR 16942, March 23, 2012). The sum of all sector and state-operated
permit bank allocations is referred to as the sector sub-ACL in the
management plan. Whatever groundfish allocation remains after sectors
and state-operated permit banks receive their allocations is then
provided to vessels not enrolled in a sector (referred to as the common
pool). This allocation is also referred to as the common pool sub-ACL.
Changes in sector membership require ACL and ACE adjustments. This
rule adjusts the FY 2012 sector and common pool allocations based on
final sector membership as of May 1, 2012. Permitted vessels that wish
to fish in a sector must enroll by December 1 of each year, with the
fishing year beginning the following May 1 and lasting until April 30
of the next year. However, due to concern over the reduced GOM cod
allocation (see the emergency action cited above), we provided
additional flexibility to NE multispecies permitted vessels by allowing
vessels to enroll in a sector for fishing year 2012 up through April
30, 2012. In addition, vessels had until April 30 (the day before the
beginning of the fishing year) to drop out of a sector and fish in the
common pool. If the sector allocation increases as a result of sector
membership changes, the common pool allocation decreases--the opposite
is true as well. Because sector membership has changed since the
December 1, 2011, date used in the FW 47 and sector proposed and final
rules, we need to update the allocations to all sectors and to the
common pool.
The final number of permits enrolled in a sector or state-operated
permit bank for FY 2012 is 850 (an increase of 5 permits since the
December 1, 2011, roster submission). All sector allocations assume
that each NE multispecies vessel enrolled in a sector has a valid
permit for FY 2012. Tables 1, 2, and 3 (below) explain the revised FY
2012 allocations as a percentage and absolute amount (in metric tons
and pounds).
Table 4 compares the preliminary FY 2012 allocations published in
the FW 47 final rule, with the revised allocations based on the final
sector and state-operated permit bank rosters as of May 1, 2012. The
table shows that changes in sector allocations due to updated rosters
range from a decrease of 0.14 percent of GOM winter flounder, to an
increase of 2.53 percent of Southern New England/Mid-Atlantic (SNE/MA)
yellowtail flounder. Common pool allocation adjustments range between a
43.18-percent decrease in Georges Bank (GB) haddock, to a 4.17-percent
increase in GOM winter flounder. The changes in the common-pool
allocations are greater because the common-pool has a significantly
lower allocation for all stocks, so even small changes appear large
when viewed as a percentage increase or decrease.
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It is important to point out that this is only a temporary final
rule. After we finish reconciling differences in catch accounting
between our data and each sector manager's data, each sector will have
2 weeks to trade FY 2011 ACE to account for any overharvesting during
that period. After that 2-week trading window, a sector that still has
exceeded its FY 2011 allocation will have its FY 2012 allocation
reduced. Because data reconciliation and the 2-week trading window take
place after the new fishing year has begun, we reserve 20 percent of
each sector's FY 2012 allocation until FY 2011 catch data are
reconciled. This reserve is held to ensure that each sector has
sufficient ACE to balance any overages from the previous fishing year.
Sectors are also able to carry over up to 10 percent of their initial
allocation of most stocks to the next fishing year. We will publish a
final follow-up rule detailing any carryover of FY 2011 sector
allocation or reduction in FY 2012 allocation resulting from sectors
under or overharvesting their allocations.
FW 47 also specifies incidental catch limits (or incidental total
allowable catches, ``TACs'') applicable to the NE multispecies Special
Management Programs for FY 2012-2014. Special Management Programs are
designed to allow fishing for healthy stocks that can support
additional fishing effort without undermining the other goals of the
management plan. Incidental catch limits are specified to limit catch
of certain stocks of concern for common pool vessels fishing in the
Special Management Programs. Because these incidental catch limits are
based on the changed common pool allocation, they also must be revised
(Tables 5 and 6).
Table 5--Incidental Catch TACs by Stock for FY 2012 (mt)
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Final rule 2012 Revised 2012
Stock Percentage of Sub- incidental catch incidental catch
ACL TAC TAC
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GB cod............................................. 2 1.6 1.6
GOM cod............................................ 1 0.81 0.8
GB yellowtail flounder............................. 2 0.1 0.05
CC/GOM yellowtail flounder......................... 1 0.3 0.3
SNE/MA yellowtail flounder......................... 1 1.7 1.5
American plaice.................................... 5 2.9 2.7
Witch flounder..................................... 5 1.4 1.1
GB winter flounder................................. 1 0.4 0.4
SNE/MA winter flounder............................. 2 3.0 3.0
White hake......................................... 2 0.9 0.5
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Table 6--Incidental Catch TACs for Special Management Programs by Stock for FY 2012 (mt)
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Regular B DAS program Closed Area I hook gear Eastern U.S./Canada haddock
-------------------------------- haddock SAP SAP
Stock ---------------------------------------------------------------
Final rule Revised 2012 Final rule Final rule
2012 2012 Revised 2012 2012 Revised 2012
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GB cod.................................................. 0.8 0.8 0.3 0.3 0.5 0.6
GOM cod................................................. 0.81 0.8 .............. .............. .............. ..............
GB yellowtail flounder.................................. 0.03 0.025 .............. .............. 0.03 0.025
CC/GOM yellowtail flounder.............................. 0.3 0.3 .............. .............. .............. ..............
SNE/MA yellowtail flounder.............................. 1.7 1.5 .............. .............. .............. ..............
American plaice......................................... 2.9 2.7 .............. .............. .............. ..............
Witch flounder.......................................... 1.2 1.1 .............. .............. .............. ..............
GB winter flounder...................................... 0.2 0.2 .............. .............. 0.2 0.2
SNE/MA winter flounder.................................. 3.0 3.0 .............. .............. .............. ..............
White hake.............................................. 0.5 0.5 .............. .............. .............. ..............
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Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the NE Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Orders 12866.
Pursuant to 5 U.S.C. 553(b) and (d)(3), we find good cause to waive
prior public notice and opportunity for public comment on the catch
limit and allocation adjustments because notice, comment, and a delayed
effectiveness is impracticable and contrary to the public interest.
Also, for the same reasons, we find good cause to waive the 30-day
delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this
final rule may become effective upon filing.
Notice and comment are impracticable and contrary to the public
interest. We explained the need to adjust sector and common pool
allocations based on final sector rosters in the proposed and final
rules for fishing year 2012 sector operations plans and contracts. We
receive no comments on this issue. These adjustments provide a more
accurate accounting of a sector's or common pool's allocation. If this
rule is not effective immediately, the public and the fishery will have
incorrect information on the catch limits for each stock for sectors
and the common pool. Accurate allocations will prevent potential
adverse economic consequences that would result from vessels
unknowingly fishing in excess of one's allocation. For the same
reasons, we find good cause to waive the 30-day delay period of this
rule's effectiveness.
Delaying this rule's effectiveness to allow for public comment or
delaying its effectiveness for 30 days could cause negative economic
impacts to both sectors and the common pool. A delay keeps management
measures in place that are not based on the best available information.
If the sector and common pool allocations are not adjusted immediately,
groundfish vessels will operate under incorrect catch limits and
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allocations until the adjustments are implemented. This could adversely
affect fishermen, depending on the size of the allocation, the degree
of change in the allocation, and the catch rate of a particular stock.
Further, a delay--either to allow comments or pursuant to 5 U.S.C.
553(d)--would potentially impair achieving the management plan's
objectives of preventing overfishing and achieving optimum yield by
staying within staying within ACLs or allocations.
Making this regulatory change effective immediately allows
harvesting in a manner that prevents catch limits of species from being
exceeded in fisheries that are important to coastal communities. Until
the final stock allocations are made, the affected fishing entities
will not know how many fish of a particular stock they can catch
without going over their ultimate limits. Fishermen may make both
short- and long-term business decisions based on the catch limits in a
given sector or the common pool. Any delays in adjusting these limits
may cause the affected fishing entities to slow down, or speed up,
their fishing activities during the interim period before this rule
becomes effective. Both of these reactions could negatively affect the
fishery and the businesses and communities that depend on them. The
fishing industry and the communities it supports could be affected by
potentially reducing harvests and delaying profits. Lastly, the catch
limit and allocation adjustments are not controversial. Therefore, it
is important to implement adjusted catch limits and allocations as soon
as possible. For these reasons, we are waiving the public comment
period and delay in effectiveness for this rule, pursuant to 5 U.S.C.
553(b) and (d).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012-15448 Filed 6-22-12; 8:45 am]
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