[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34928-34934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130219149-3524-03]
RIN 0648-BC97


Revisions to Framework Adjustment 50 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 2013

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 (NE) multispecies sector rosters 
submitted as of May 1, 2013, we are adjusting the fishing year (FY) 
2013 specification of annual catch limits for commercial groundfish 
vessels, as well as sector annual catch entitlements for groundfish 
stocks. This revision to fishing year 2013 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 10, 2013, through April 30, 2014.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) developed Amendment 16 to the 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 (FW) 50 and concurrent emergency actions set 
annual catch limits for nine groundfish stocks and three jointly 
managed U.S./Canada stocks for FY 2013-2015. We recently partially 
approved FW 50, which became effective on May 1, 2013 (78 FR 26172; May 
3, 2013). In addition to the specification set by FW 50, we took 
emergency action to set the catch limits for Georges Bank (GB) 
yellowtail flounder and white hake. For more information on these 
emergency actions, please see the preamble to FW 50.
    Along with FW 50 and the concurrent emergency rule, we recently 
approved FY 2013 sector operations plans and allocations (78 FR 25591; 
May 2, 2013; ``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.
    Changes in sector membership require ACL and ACE adjustments. This 
rule adjusts the FY 2013 sector and common pool allocations based on 
final sector membership as of May 1, 2013. 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 FY 2013, we delayed the 
deadline to join a sector until March 29, 2013. Because this deadline 
followed the publication of the FW 50 and sector proposed rules, FY 
2012 membership was used to estimate sector ACEs for FY 2013. In 
addition, vessels had until April 30, 2013 (the day before the 
beginning of FY 2013) 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 FY 2012, 
which was used in the FW 50 and sector 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 2013 is 851 (the same number of permits enrolled in 
FY 2012 and a decrease of 3 permits from March 29, 2013). All sector 
allocations assume that each NE multispecies vessel enrolled in a 
sector has a valid permit for FY 2013. Tables 1, 2, and 3 (below) 
explain the revised FY 2013 allocations as a percentage and absolute 
amount (in metric tons and pounds).
    Table 4 compares the preliminary allocations based on FY 2012 
membership published in the FW 50 proposed and final rules, with the 
revised allocations based on the final sector and state-operated permit 
bank rosters as of May 1, 2013. The table shows that changes in sector 
allocations due to updated rosters range from a decrease of 0.32 
percent of Gulf of Maine (GOM) haddock, to an increase of 4.04 percent 
of Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder. 
Common pool allocation adjustments range between a 16.17-percent 
decrease in SNE/MA yellowtail flounder, to a 59.09-percent increase in 
GOM haddock. 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

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sector manager's data, each sector will have 2 weeks to trade FY 2012 
ACE to account for any overharvesting during that period. After that 2-
week trading window, a sector that still has exceeded its FY 2012 
allocation will have its FY 2013 allocation reduced, pursuant to 
regulatory requirements. 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 2013 allocation until FY 2012 
catch data are reconciled, with the exception of SNE/MA winter 
flounder, which was newly allocated for FY 2013. This reserve is held 
to ensure that each sector has sufficient ACE to balance any overages 
from the previous fishing year. For FY 2013, sectors are also able to 
carry over up to 10 percent of their initial allocation of all 
regulated stocks to the next fishing year, with the exception of GOM 
cod, which can be carried over only up to 1.85 percent. We will publish 
a final follow-up rule detailing any carryover of FY 2012 sector 
allocation or reduction in FY 2013 allocation resulting from sectors 
under or overharvesting their allocations.
    FW 50 also specifies incidental catch limits (or incidental total 
allowable catches, ``TACs'') applicable to the common pool and NE 
multispecies Special Management Programs for FY 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 5-8 below.

           Table 5--FY 2013 Common Pool Incidental Catch TACs
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                                                 Percentage
                                                 of common    Incidental
                     Stock                       pool sub-    catch TAC
                                                    ACL          (mt)
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GB cod........................................            2          0.6
GOM cod.......................................            1          0.2
GB yellowtail flounder........................            2         0.03
CC/GOM yellowtail flounder....................            1          0.1
American Plaice...............................            5          1.3
Witch Flounder................................            5          0.6
SNE/MA winter flounder........................            1          1.4
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          Table 6--Distribution of Common Pool Incidental Catch TACs to each Special Management Program
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                                            Regular B DAS     Closed Area I    Eastern U.S./CA   Southern closed
                  Stock                        program          hook gear        haddock SAP     Area II haddock
                                              (percent)        haddock SAP        (percent)            SAP
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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
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           Table 7--FY 2013 Common Pool Incidental Catch TACs for Each Special Management Program (mt)
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                                                                              Closed area I      Eastern U.S./
                         Stock                             Regular B DAS        hook gear        Canada haddock
                                                              program          haddock SAP            SAP
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GB cod.................................................                0.3                0.1                0.2
GOM cod................................................                0.2                n/a                n/a
GB yellowtail flounder.................................               0.01                n/a               0.01
CC/GOM yellowtail flounder.............................                0.1                n/a                n/a
American Plaice........................................                1.2                n/a                n/a
Witch Flounder.........................................                0.5                n/a                n/a
SNE/MA winter flounder.................................                1.4                n/a                n/a
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             Table 8--FY 2013 Common Pool Regular B DAS Program Quarterly Incidental Catch TACs (mt)
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                                                                                                   4th Quarter
                                       1st Quarter (13%)  2nd Quarter (29%)  3rd Quarter (29%)        (29%)
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GB cod...............................              0.04               0.09               0.09               0.09
GOM cod..............................              0.02               0.05               0.05               0.05
GB yellowtail flounder...............              0.002              0.004              0.004             0.004
CC/GOM yellowtail flounder...........              0.02               0.04               0.04               0.04
American Plaice......................              0.16               0.36               0.36               0.36
Witch Flounder.......................              0.07               0.15               0.15               0.15
SNE/MA winter flounder...............              0.18               0.39               0.39               0.39
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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 Order 12866.
    Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive 
prior public

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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 staying within ACLs or allocations. The proposed and 
final rules for FY 2013 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. 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 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 NMFS' 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 FY 2013 
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 delay in effectiveness for this 
rule, pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 5, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-13866 Filed 6-10-13; 8:45 am]
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