[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63563-63577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25307]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140624530-4848-01]
RIN 0648-XD354
Revisions to Framework Adjustment 51 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 2014
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; adjustment to specifications.
-----------------------------------------------------------------------
SUMMARY: Based on the final Northeast multispecies sector rosters, we
are adjusting the fishing year 2014 specification of annual catch
limits for commercial groundfish vessels, as well as sector annual
catch entitlements for groundfish stocks by adding carried over catch
from fishing year 2013 and reducing quotas for some stocks by the
amount of overages exceeding their limits in fishing year 2013, among
other adjustments. This revision to fishing year 2014 catch levels is
necessary to account for changes in the number of participants electing
to fish in sectors.
DATES: Effective October 23, 2014, through April 30, 2015.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Sector Policy Analyst,
(978) 281-9122.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
developed Amendment 16 to the Northeast (NE) Multispecies Fishery
Management Plan (FMP), in part, 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 51 and concurrent emergency actions set annual
catch limits for nine groundfish stocks and three jointly managed U.S./
Canada stocks for fishing years 2014-
[[Page 63564]]
2015. Recently, we partially approved Framework 51, which became
effective on May 1, 2014 (79 FR 22421; April 22, 2014), and also
approved fishing year 2014 sector operations plans and allocations (79
FR 23278; April 28, 2014; ``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 the
final rule implementing 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 FMP. Whatever groundfish
allocation remains after sectors and state-operated permit banks
receive their allocations is then allocated 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. This rule adjusts the both the
sector and common pool fishing year 2014 sub-ACLs based on final sector
membership, which was established as of May 1, 2014.
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 through April 30 of the next year. However, due to a
delay in distributing each vessel's potential contribution to a
sector's quota for fishing year 2014, we extended the deadline to join
a sector until March 6, 2014. Because of this extended deadline, and
the fact that vessels had until April 30, 2014, to drop out of a sector
and fish in the common pool, fishing year 2013 membership was used to
estimate sector ACEs in the Framework 51 final rule. The fishing year
2014 sector final rule, which published later than the Framework 51
final rule, used March 6, 2014, rosters to estimate sector ACEs.
The final number of permits enrolled in a sector or state-operated
permit bank for fishing year 2014 is 845, which is 4 less than the
March 6, 2013, roster. All sector allocations assume that each NE
multispecies vessel enrolled in a sector has a valid permit for fishing
year 2014. Tables 1, 2, and 3 (below) explain the revised fishing year
2014 allocations as a percentage and absolute amount (in metric tons
and pounds).
Table 4 compares the preliminary allocations based on fishing year
2013 membership published in the Framework 51 proposed and final rules,
with the revised allocations based on the final sector and state-
operated permit bank rosters as of May 1, 2014. The table shows that
changes in sector allocations due to updated rosters range from a
decrease of 0.86 percent of Southern New England/Mid-Atlantic (SNE/MA)
yellowtail flounder, to an increase of 0.40 percent of Georges Bank
(GB) yellowtail flounder. Common pool allocation adjustments range
between a 2.94-percent decrease in GB cod, to a 15.79-percent increase
in redfish. The changes in the common-pool allocations are greater
because the common pool has a significantly lower allocation for all
stocks.
BILLING CODE 3510-22-P
[[Page 63565]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.000
[[Page 63566]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.001
[[Page 63567]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.002
[[Page 63568]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.003
[[Page 63569]]
We have completed fishing year 2013 data reconciliation with
sectors and allowed a 2-week window for any sector with an overage to
trade fishing year 2013 ACE to balance the overage. We have since
determined final fishing year 2013 sector catch and the amount of quota
that sectors may carry from fishing year 2013 into fishing year 2014. A
recent emergency rule (79 FR 36433; June 27, 2014) described changes to
carryover and catch accounting in response to litigation by
Conservation Law Foundation (Conservation Law Foundation v. Pritzker,
et al. (Case No. 1:13-CV-0821-JEB)). The Court invalidated the previous
carryover measures because those measures failed to prevent total
potential catches of certain stocks (ACEs plus carryover) from
exceeding their annual biological catch (ABC). This rule ensures that
catch does not exceed the ABC for any stock. Because of this, the
maximum carryover for certain stocks may be lower than what a sector
expects. Table 5 includes the maximum amount of quota that sectors may
carry over from fishing year 2013 into fishing year 2014. Table 6
includes the de minimis amount of quota that sectors may carry over
from fishing year 2013 into fishing year 2014.
[[Page 63570]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.004
[[Page 63571]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.005
[[Page 63572]]
We have determined that 9 sectors have exceeded their fishing year
2013 allocation of witch flounder, requiring reductions to those
sectors' fishing year 2014 allocations. Because of the Court decision
discussed above, we were required to reduce the amount of witch
flounder carryover available for sectors to use in fishing year 2013.
Some sectors inadvertently exceeded their fishing year 2013 witch
flounder ACE and were unable to transfer a sufficient amount of quota
to cover the overage. Reducing ACE by the overage amount is necessary
to address the requirement to apply a pound-for-pound reduction in ACE
in the year following an overage. Table 6 includes a summary of the
sectors with fishing year 2013 witch flounder overages, the initial
fishing year 2014 witch flounder ACE included in Table 3, and adjusted
fishing year 2014 witch flounder ACE, accounting for the overage.
[GRAPHIC] [TIFF OMITTED] TR24OC14.006
Summarizing all the information provided above, Tables 8 and 9 display
the total amount of ACE available to sectors in fishing year 2014,
including reductions for overages, and adding maximum carryover.
[[Page 63573]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.007
[[Page 63574]]
[GRAPHIC] [TIFF OMITTED] TR24OC14.008
[[Page 63575]]
Framework 51 also specifies incidental catch limits (or incidental
total allowable catches, ``TACs'') applicable to the common pool and NE
multispecies Special Management Programs for fishing year 2013-2015,
including the B day-at-sea (DAS) Program. Special Management Programs
are designed to allow fishing for healthy stocks that can support
additional fishing effort without undermining the other goals of the
FMP. 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. Final
incidental catch limits are included in Tables 10-13 below.
Table 10--Fishing Year 2014 Common Pool Incidental Catch TACs
------------------------------------------------------------------------
Percentage of
Stock common pool Incidental
sub-ACL catch TAC (mt)
------------------------------------------------------------------------
GB cod.................................. 2 0.6
GOM cod................................. 1 0.2
GB yellowtail flounder.................. 2 0.08
CC/GOM yellowtail flounder.............. 1 0.2
American Plaice......................... 5 1.3
Witch Flounder.......................... 5 0.6
SNE/MA winter flounder.................. 1 1.5
------------------------------------------------------------------------
Table 11--Distribution of Common Pool Incidental Catch TACs to Each Special Management Program
----------------------------------------------------------------------------------------------------------------
Closed area I
Regular B DAS hook gear Eastern U.S./
Stock program (%) haddock SAP CA haddock SAP
(%) (%)
----------------------------------------------------------------------------------------------------------------
GB cod.......................................................... 50 16 34
GOM cod......................................................... 100 NA NA
GB yellowtail flounder.......................................... 50 NA 50
CC/GOM yellowtail flounder...................................... 100 NA NA
American Plaice................................................. 100 NA NA
Witch Flounder.................................................. 100 NA NA
SNE/MA winter flounder.......................................... 100 NA NA
----------------------------------------------------------------------------------------------------------------
Table 12--Fishing Year 2014 Common Pool Incidental Catch TACs for Each
Special Management Program (mt)
----------------------------------------------------------------------------------------------------------------
Closed area I Eastern U.S./
Stock Regular B DAS hook gear Canada haddock
program haddock SAP SAP
----------------------------------------------------------------------------------------------------------------
GB cod.......................................................... 0.3 0.1 0.2
GOM cod......................................................... 0.2 n/a n/a
GB yellowtail flounder.......................................... 0.04 n/a 0.04
CC/GOM yellowtail flounder...................................... 0.2 n/a n/a
American Plaice................................................. 1.3 n/a n/a
Witch Flounder.................................................. 0.6 n/a n/a
SNE/MA winter flounder.......................................... 1.5 n/a n/a
----------------------------------------------------------------------------------------------------------------
Table 13--Fishing Year 2014 Common Pool Regular B DAS Program Quarterly Incidental Catch TACs (mt)
----------------------------------------------------------------------------------------------------------------
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
(13%) (29%) (29%) (29%)
----------------------------------------------------------------------------------------------------------------
GB cod.......................................... 0.04 0.09 0.09 0.09
GOM cod......................................... 0.02 0.06 0.06 0.06
GB yellowtail flounder.......................... 0.005 0.011 0.011 0.011
CC/GOM yellowtail flounder...................... 0.02 0.05 0.05 0.05
American Plaice................................. 0.17 0.37 0.37 0.37
Witch Flounder.................................. 0.08 0.18 0.18 0.18
SNE/MA winter flounder.......................... 0.19 0.43 0.43 0.43
----------------------------------------------------------------------------------------------------------------
Similar to the accountability measures for sectors when a quota
overage occurs, if the common pool sub-ACL for any stock is exceeded,
we are required to reduce the common pool sub-ACL by the amount of the
overage in the next fishing year. We are reducing the fishing year 2014
GB cod and GOM haddock common pool sub-ACLs due to fishing year 2013
overages. The fishing year 2013 common pool sub-ACL for GB cod was
exceeded by 8 percent (2.3 mt) and the GOM haddock common pool sub-ACL
was exceeded by 118 percent (1.2 mt). Therefore, we are reducing the
[[Page 63576]]
fishing year 2014 GB cod and GOM haddock common pool sub-ACLs due to
the fishing year 2013 overages. Table 14 provides the common pool
overage adjustments for these stocks. Table 15 provides the updated
trimester Total Allowable Catches (TACs) for GB cod and GOM haddock
based on the final FY 2014 common pool sub-ACLs.
Table 14--Fishing Year 2014 Common Pool Overage Adjustment (mt)
----------------------------------------------------------------------------------------------------------------
Initial Adjusted
Fishing year fishing year fishing year
Stock 2013 overage 2014 common 2014 common
pool sub-ACL pool sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 2.3 34 31.7
GOM Haddock..................................................... 1.2 2 0.8
----------------------------------------------------------------------------------------------------------------
Table 15--Fishing Year 2014 Common Pool Trimester TACs (mt)
----------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3
Stock TAC TAC TAC
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 8.0 11.9 12.2
GOM Haddock..................................................... 0.22 0.21 0.38
----------------------------------------------------------------------------------------------------------------
We are reducing the fishing year 2014 GB haddock sub-ACL for the
herring mid-water trawl fishery due to a fishing year 2013 overage. The
herring mid-water trawl fishery is allocated 1 percent of the U.S. ABC
for each stock of GOM and GB haddock. If the herring mid-water trawl
fishery exceeds its GOM or GB haddock sub-ACL, we are required to
reduce the respective sub-ACL by the amount of the overage in the
following fishing year. In fishing year 2013, the mid-water trawl
fishery exceeded its GB haddock sub-ACL by 16.98 mt. Therefore, this
rule reduces the fishing year 2014 GB haddock sub-ACL by the 16.98 mt
overage for the herring mid-water trawl fishery. Table 16 provides the
herring mid-water trawl adjustments for GB haddock that this rule
implements.
Table 16--Fishing Year 2014 Herring Mid-Water Trawl Overage Adjustment (mt)
----------------------------------------------------------------------------------------------------------------
Initial Adjusted
fishing year fishing year
Stock Fishing year 2014 herring 2014 herring
2013 overage mid-water mid-water
trawl sub-ACL trawl sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Haddock...................................................... 16.98 179 162.02
----------------------------------------------------------------------------------------------------------------
Finally, Table 17 provides the U.S. ABCs for the three
transboundary Georges Bank stocks that we jointly manage with Canada.
The U.S./Canada quotas, and the corresponding ACLs/sub-ACLs were
included in the Framework 51 final rule; however, because the U.S. ABCs
for GB cod, haddock, and yellowtail flounder were mis-specified, the
corrected levels are being included here in this rule.
Table 17--U.S. Acceptable Biological Catches for Transboundary Stocks
------------------------------------------------------------------------
U.S. ABC
Stock (mt)
------------------------------------------------------------------------
GB Cod....................................................... 1,960
GB Haddock................................................... 19,229
GB Yellowtail Flounder....................................... 328
------------------------------------------------------------------------
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 is exempt from the procedures of E.O. 12866 because
this action contains no implementing regulations.
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive
prior public notice and opportunity for public comment on the catch
limit and allocation adjustments because allowing time for notice and
comment is impracticable and contrary to the public interest. We also
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 because a delay would potentially impair achievement of the
management plan's objectives of preventing overfishing and achieving
optimum yield by vessels staying within ACLs or allocations. The
proposed and final rules for fishing year 2014 sector operations plans
and contracts explained the need and likelihood for adjustments of
sector and common pool allocations based on final sector rosters. No
comments were received on the potential for these adjustments, which
provide an accurate accounting of a sector's or common pool's
allocation at this time. Prior notice of the need to distribute
carryover catch was also provided. Allowing for prior notice and public
comment on the herring mid-water trawl overage adjustment is
impracticable because this is a non-discretionary action required by
provisions of Framework 46 to the NE Multispecies FMP, which was
subject to public comment. The proposed rule to implement Framework 46
requested public comment on these measures including the specific
accountability measure implemented by this rule, with the understanding
that possession limit trigger adjustments would be required if an ACL
overage occurred. If this rule is not effective immediately, the sector
and common pool vessels will be operating under incorrect information
on the catch limits for each stock for sectors and the common pool.
This could cause negative economic impacts
[[Page 63577]]
to the both sectors and the common pool, depending on the size of the
allocation, the degree of change in the allocation, and the catch rate
of a particular stock. Further, these adjustments are based purely on
objective sector enrollment data and are not subject to our discretion,
so there would be no benefit to allowing time for prior notice and
comment.
Waiving the 30-day delay in effectiveness 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 and the need for
them was clearly explained in the proposed and final rules for fishing
year 2014 sector operations plans and contracts. As a result, the NE
multispecies permit holders are expecting these adjustments and
awaiting their implementation. 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 the 30-day delay
in effectiveness for this rule, pursuant to 5 U.S.C. 553(b)(3)(B) and
(d), respectively.
Because advanced notice and the opportunity for public comment are
not required under the Administrative Procedure Act, or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., do not apply to this rule. Therefore, no final regulatory
flexibility analysis is required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 20, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-25307 Filed 10-23-14; 8:45 am]
BILLING CODE 3510-22-P