[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59132-59136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23734]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2153-02]
RIN 0648-XC168
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2012 Days-at-Sea Adjustment for
Common Pool Fishery; Announcement of Fishing Year 2011 Sector Annual
Catch Entitlement Carryover
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: NMFS adjusts the differential days-at-sea (DAS) rate for
common pool vessels for fishing year (FY) 2012 due to overages of FY
2011 catch levels. This measure will help prevent FY 2012 catch levels
from being exceeded. NMFS also announces the final amount of unused FY
2011 annual catch entitlement (ACE) carryover available to each sector
in FY 2012.
DATES: Effective September 26, 2012, through April 30, 2013.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, (978) 675-2153.
SUPPLEMENTARY INFORMATION:
FY 2012 Differential DAS Counting for Common Pool Vessels
Amendment 16 to the Northeast (NE) Multispecies Fishery Management
Plan requires that a catch overage of a sub-annual catch limit (sub-
ACL) or total ACL, triggers an accountability measure (AM) for common
pool vessels in the distinct Differential DAS Area where each stock is
predominantly caught. The AM is a differential DAS adjustment to all
Category A DAS used by common pool vessels, and is applied to the time
spent in the applicable DAS counting area where a vessel fishes. The
AMs account for the percentage by which the sub-ACL or total ACL is
exceeded, and are meant to prevent overages of future catch levels. For
example, an overage of the Atlantic halibut sub-ACL requires a
differential DAS rate adjustment to be applied to common pool vessels
fishing in the area(s) that past catch information shows the majority
of the Atlantic halibut is caught. The AM regulation at 50 CFR
648.82(n) also requires applying an additional differential DAS
counting factor in an area for a specific stock if the sub-ACL is
exceeded again in a subsequent year, to account for both year's
overages. For example, if the sub-ACL for Georges Bank (GB) winter
flounder was exceeded in FY 2010 by 60 percent and triggered a
differential DAS adjustment (1.6) in FY 2011, and the sub-ACL was
exceeded again in FY 2011 by 30 percent (requiring a 1.3 differential),
then in FY 2012, a differential DAS rate of 2.1 (1.6 x 1.3) would be
applied.
Final FY 2011 sector and common pool catch information became
available in June 2012. This information showed that in the commercial
groundfish fishery (sector and common pool only), the sub-ACL for
Atlantic halibut was exceeded by 29 percent. This requires NMFS to
implement a differential DAS rate of 1.3 in the Offshore Gulf of Maine
(GOM) and the Inshore GB Differential DAS areas as an AM for Atlantic
halibut.
Final FY 2011 sector and common pool catch information shows that
the sub-ACL for northern windowpane flounder was exceeded by 42
percent. The northern windowpane flounder overage occurred despite a
differential DAS rate of 1.3 applied in FY 2011 due to an overage in FY
2010 of 27 percent. As a result, NMFS is required to implement a
differential DAS rate of 1.8 (1.3 x 1.4) in the Offshore GB
Differential DAS Area as a result of the consecutive FY 2010 and 2011
overages of northern windowpane flounder.
In addition to the commercial groundfish fishery information, NMFS
has preliminary FY 2011 catch estimates for other components of the
groundfish fishery, i.e., exempted fisheries, non-groundfish vessels
(e.g., scallop vessels), and state-only permitted vessels. Based on
these preliminary estimates of the other components of the groundfish
fishery and final FY 2011 sector and common pool catch information, the
total ACL for southern windowpane flounder was exceeded by 135 percent.
This overage also requires a differential DAS adjustment for common
pool vessels fishing in the area where the stock is predominantly
caught. Therefore, a differential DAS rate of 2.4 will be applied to
common pool vessels fishing in the Southern New England (SNE)/Mid-
Atlantic (MA) Differential DAS Area as an AM for southern windowpane
flounder. Further adjustments to the common pool differential DAS rate
are possible based on final 2011 catch information for other components
of the groundfish fishery.
[[Page 59133]]
FY 2011 Sector ACE Carryover
The regulations allow each sector to carry over into the following
fishing year up to 10 percent of its initial allocation for all but one
groundfish stock. ACE for GB yellowtail flounder cannot be carried over
because catch levels for this stock are set each year by the U.S./
Canada Resource Sharing Understanding. In addition, although the New
Hampshire and Maine Permit Banks are allocated ACE for each FY, they
are not eligible to carry over any amount of uncaught ACE. The
following tables show the carryover for each Sector for FY 2011 based
on final catch data.
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Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and
opportunity for public comment on these in-season DAS Differential and
ACE carryover adjustments. Delay in the adjustments' effectiveness is
impracticable, unnecessary, and contrary to the public interest and
could hamper a fisherman's ability to make business decisions. Plus,
the public has already been provided with an opportunity for notice and
comment on potential adjustments, including the basis for such
adjustments.
Notice and comment are impracticable, unnecessary, and contrary to
the public interest. A delay implementing adjustments based on this
information would prolong the time period that the fishery would be
operating under a less restrictive differential DAS rate and could
subject the vessels to FY 2012 overages, which would require even more
restrictive AMs next year. Also, ACE carryover amounts may increase
fishing opportunities available to each sector for FY 2012 or affect a
sector's trading decisions for available ACE.
Common pool fishermen and sectors adjust their fishing plans based
on available DAS and ACE. Delaying the effectiveness of the DAS
Differential adjustments could hamper a common pool fisherman's ability
to make effective business decisions based on the number of DAS
available to them. Likewise, a delay in the ACE carryover adjustments
for sectors could disrupt sector operations and prevent sectors from
planning for the fishing year based on the amount of ACE available to
them in FY 2012. FY 2011 ACE carryover may increase fishing
opportunities available to each sector in FY 2012, especially if a
sector has a small allocation for particular stocks. A delay in this
action could result in foregone fishing opportunities during summer
months when weather conditions are generally better. Because ACE may be
traded between sectors, a delay in this action could also affect the
ACE available to the market for trading, to the economic detriment of
the fishery.
Lastly, a delay for prior opportunity for public comments is
unnecessary and impracticable because the public was provided the
opportunity to comment on the possibility of the anticipated
adjustments, including the basis for such adjustments. Both the
Framework Adjustment 47 final rule and the FY 2012 adjustment rule
based on final sector rosters indicated that future adjustments may be
made based on updated FY 2011 catch information and final sector
rosters. Additionally, the Amendment 16 final rule indicated that
differential DAS may be adjusted as an AM for the Common Pool. NMFS is
making these adjustments now because FY 2011 catch information and
sector final rosters only recently became available.
For the same reasons stated above, the AA finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness so that
this final rule may become effective upon filing. Waiving this delay in
effectiveness will help fishermen avoid exceeding FY 2012 catch limits.
Finally, implementing this exemption as early as possible will provide
fishermen and sectors the flexibility to strategize and adjust their
plans for the remainder of the fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-23734 Filed 9-25-12; 8:45 am]
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