[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15253-15254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06063]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130919816-4205-02]
RIN 0648-BD70
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustments to 2014 Annual Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action adjusts 2014 annual catch limits (ACLs) for the
Atlantic herring (herring) fishery to account for catch overages and
underharvest in 2012. NMFS is decreasing three of the four ACLs and
increasing one ACL. This results in a reduction to the overall catch
available to the herring fleet.
DATES: Effective March 19, 2014, through December 31, 2014.
ADDRESSES: Copies of supporting documents, 2013-2015 Specifications/
Framework 2 and Amendment 4 to the Herring Fishery Management Plan
(FMP), are available from: Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950, telephone (978) 465-0492. These documents are
also accessible via the Internet at http://www.nero.nmfs.gov.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The herring harvest in the United States is managed under the
Herring FMP developed by the New England Fishery Management Council
(Council), and implemented by NMFS. The Herring FMP divides the stock-
wide herring ACL among three management areas, one of which has two
sub-areas. It divides Area 1 (located in the Gulf of Maine (GOM)) into
an inshore section (Area 1A) and an offshore section (Area 1B). Area 2
is located in the coastal waters between Massachusetts and North
Carolina, and Area 3 is on Georges Bank (GB). The Herring FMP considers
the herring stock complex to be a single stock, but there are inshore
(GOM) and offshore (GB) stock components. The GOM and GB stock
components segregate during spawning and mix during feeding and
migration. Each management area has its own sub-ACL to allow greater
control of the fishing mortality on each stock component.
Amendment 4 to the Herring FMP (76 FR 11373, March 2, 2011) revised
the Herring FMP to address ACL and accountability measure (AM)
requirements. As a way to account for ACL overages in the herring
fishery, Amendment 4 established an AM that provided for overage
deductions in the year immediately following the catch overage
determination. If the catch of herring exceeds any ACL or sub-ACL, NMFS
will subsequently deduct the overage from the corresponding ACL/sub-ACL
in the year following the catch overage determination. Amendment 4 also
specified that NMFS will announce overage deductions in the Federal
Register prior to the start of the fishing year, if possible.
We published a final rule for Framework 2 and the 2013-15
specifications on October 4, 2013 (78 FR 61828). Among other measures,
Framework 2 allows for the carryover of unharvested catch in the year
immediately following the catch determination. Up to 10 percent of each
sub-ACL may be carried over, provided catch did not exceed the stock-
wide ACL. The carryover provision allows a sub-ACL increase for a
management area, but it does not allow a corresponding increase to the
stock-wide ACL. The management area sub-ACLs established in the
specifications for 2014 are: 31,200 mt for Area 1A, 4,600 mt for Area
1B, 30,000 mt for Area 2, and 42,000 mt for Area 3 (Table 1).
Final Adjustment to the 2014 Annual Catch Limits
In accordance with regulations at Sec. 648.201(a)(3), this action
adjusts 2014 sub-ACLs for the herring fishery to account for catch
overages and underharvest in 2012. We completed the 2012 catch
determination in August 2013, so we will apply the adjustments for any
overharvests or carryover in 2012 to the 2014 sub-ACLs. In 2012, the
herring fleet underharvested the stockwide ACL of 90,683 mt by 122 mt.
However, the fleet overharvested the sub-ACLs in herring management
Areas 1B (overage of 1,584 mt); 2 (overage of 336 mt); and 3 (overage
of 1,325 mt). In 2014, after deducting each 2012 overage, the sub-ACL
for Area 1B will be 3,016 mt (4,600 mt reduced by 1,584 mt); the sub-
ACL for Area 2 will be 29,664 mt (30,000 mt reduced by 336); and the
sub-ACL for Area 3 will be 40,675 mt (42,000 mt reduced by 1,325 mt)
(Table 1).
The herring fleet underharvested the sub-ACL from Area 1A by 3,366
mt (approximately 12 percent of the 2012 Area 1A sub-ACL of 27,668 mt).
Since the fleet did not exceed the stock-wide ACL in 2012, we will
carry over 10 percent of the 2012 Area 1A sub-ACL to the 2014 Area 1A
sub-ACL. After adding the carryover from the 2012 sub-ACL, 2014 Area 1A
sub-ACL will be 33,967 mt (increased by 2,767 mt, equal to 10 percent
of the 2012 Area 1A sub-ACL of 27,668 mt) (Table 1).
[[Page 15254]]
Table 1--Herring Management Area 2014 Herring Quotas (mt)
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Area 2014 2014 adjustment
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Area 1A............................. 31,200 33,967
Area 1B............................. 4,600 3,016
Area 2.............................. 30,000 29,664
Area 3.............................. 42,000 40,675
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After deducting the overages and adding the carryover amount to the
sub-ACLs, the total catch available to the herring fleet is reduced by
477 mt. The summary of the proposed rule incorrectly stated it was
increased. The background section clearly noted, however, the overall
catch may not increase as a result of carryover. The methods for
determining the final 2012 catch rates and subsequent 2014 adjustments
were discussed in detail in the proposed rule and are not repeated here
(78 FR 70009, November 22, 2013).
Comments and Responses
NMFS received no comments on this action.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
The Administrator, Northeast Region, NMFS, determined that this
final rule is necessary for the conservation and management of the
herring fishery and that it is consistent with the MSA and other
applicable law.
The National Environmental Policy Act analyses to support this
action were completed in Amendment 4 (76 FR 11373, March 2, 2011) and
2013-2015 Specifications/Framework 2 (78 FR 46897, August 2, 2013).
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for this rule and establish the date of
publication in the Federal Register as the effective date for this
action because delaying the effectiveness of the rule is contrary to
the public interest and impracticable. The 2014 herring fishing year
began on January 1, 2014. To prevent confusion and potential
overharvests, it is in the best interest of the fleet and the herring
resource to have the proper sub-ACLs in place immediately. Accordingly,
any delay in the rule's effectiveness would undermine the conservation
objectives of the MSA and the Herring FMP, which would be contrary to
the public interest.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration (SBA) at the proposed rule stage that this rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities. No comments were received on this
certification, and no other information has been received that would
change the determination. As a result, a Final Regulatory Flexibility
Analysis is not required, and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 13, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-06063 Filed 3-18-14; 8:45 am]
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