[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 46897-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18655]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130408348-3348-01]
RIN 0648-BD17
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Framework Adjustment 2 and Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 2
to the Atlantic herring Fishery Management Plan and the 2013-2015
fishery specifications for the Atlantic herring fishery. Framework 2
would allow the New England Fishery Management Council to split annual
catch limits seasonally for the four Atlantic herring management areas,
and the carryover of unharvested catch, up to 10 percent for each
area's annual catch limit. The specifications would set catch
specifications for the herring fishery for the 2013-2015 fishing years
and would establish seasonal splits for management areas 1A and 1B as
recommended to NMFS by the New England Fishery Management Council.
DATES: Public comments must be received by September 3, 2013.
ADDRESSES: Copies of supporting documents used by the New England
Fishery Management Council (Council), including the Environmental
Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), 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. The
EA/RIR/IRFA is also accessible via the Internet at http://www.nero.nmfs.gov.
You may submit comments, identified by NOAA-NMFS-2013-0120, by any
one of the following methods:
--Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0120, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments;
--Mail: Submit written comments to NMFS, Northeast Regional Office,
55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the
envelope ``Comments on Framework 2 and 2013-2015 Herring
Specifications;''
--Fax: (978) 281-9135, Attn: Carrie Nordeen.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, (978) 281-9272, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Atlantic Herring Fishery Management
Plan (FMP) for herring appear at 50 CFR part 648, subpart K. The
regulations at Sec. 648.200 require the Council to recommend herring
specifications for NMFS' review and proposal in the Federal Register,
including the overfishing limit (OFL), acceptable biological catch
(ABC), annual catch limit (ACL), optimum yield (OY), domestic annual
harvest (DAH), domestic annual processing (DAP), U.S. at-sea processing
(USAP), border transfer (BT), the sub-ACL for each management area,
including seasonal periods as allowed by Sec. 648.201(d) and
modifications to sub-ACLs as allowed by Sec. 648.201(f), and the
amount to be set aside for the research set aside (RSA) (3 percent of
the sub-ACL from any management area) for up to 3 years.
The proposed 2013-2015 herring specifications are based on the
provisions currently in the Herring FMP, and provide the necessary
elements to comply with the ACL and accountability measure (AM)
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA). This action also includes measures proposed in
Framework Adjustment 2 (Framework 2) to the FMP.
Framework 2 Measures
Framework 2 would allow seasonal splits of sub-ACLs for all herring
management areas through the specifications process. The Herring FMP
already authorizes seasonal splits of the Area 1A sub-ACL. The proposed
sub-ACL splitting under Framework 2
[[Page 46898]]
would allow seasonal control of fishing effort and harvest in
management areas by specifying the percent of the sub-ACL available for
harvest. The FY 2013-2015 specifications propose the following:
Area 1A: 100 percent of the sub-ACL available for harvest during
June-December (none of the sub-ACL would be available for harvest
during January through May); and
Area 1B: 100 percent of the sub-ACL available for harvest during
May-December (none of the sub-ACL would be available for harvest during
January through April).
Framework 2 would also allow the carryover of unharvested catch, up
to 10 percent for each sub-ACL, provided the stock-wide catch did not
exceed the stock-wide ACL. This measure allows a sub-ACL increase for a
management area, but it does not allow a corresponding increase to the
stock-wide ACL. Overall harvest would therefore remain constrained by
the stock-wide ACL. Consequently, the fleet would be required to forego
harvest in one or more management areas in order to harvest the
carryover available in an area. This measure would maintain the
management uncertainty buffer between ABC and the stock-wide ACL, while
giving the fleet some flexibility in choosing where to harvest the
stock-wide ACL.
Under this measure, NMFS would allocate carryover in the second
year after the applicable year ends. The interim year is necessary
because the herring fishery can be active up to the end of December,
and NMFS cannot finalize herring catch data until about 6 months after
the end of the fishing year (FY). Therefore, NMFS would apply carryover
from fishing year 2013 in FY 2015, for example.
2013-2015 Herring Specifications
The Gulf of Maine-Georges Bank herring stock complex is a
transboundary stock that is found in both U.S. and Canadian waters. The
2012 Stock Assessment Review Committee of the 54th Northeast Regional
Stock Assessment Workshop estimated the 2011 herring biomass at 517,930
mt (biomass supporting maximum sustainable yield (BMSY) =
157,000 mt) and the 2011 fishing mortality rate (F) at 0.14
(FMSY (0.27)). Because the herring stock complex is above
[frac12] BMSY and the fishing mortality rate is below
FMSY, the stock is not overfished and overfishing is not
occurring. This assessment increased natural mortality rates for 1996-
2011 by 50 percent to resolve a retrospective pattern and ensure rates
take into account estimated consumption of herring in the ecosystem.
On March 9, 2012, U.S. District Court for the District of Columbia
(Court) found that the environmental assessment for Amendment 4 to the
FMP did not analyze a reasonable range of alternatives for an ABC
control rule or AMs. On August 2, 2012, the Court ordered NMFS to
recommend to the Council that the Council consider an adequate range of
alternatives for AMs and an ABC control rule based on the best
available science for setting ABC control rules for herring and other
forage fish. The final rule for Amendment 4 stated that, if a new ABC
control rule could be developed following the 2012 herring stock
assessment, it would be developed in the 2013-2015 specifications.
Additionally, the current herring regulations authorize the
modification of existing AMs through the specification process.
Therefore, in an August 31, 2012, letter to the Council, NMFS strongly
recommended that the Council analyze a range of alternatives for an ABC
control rule that consider Atlantic herring's role as forage and AMs as
part of the 2013-2015 herring specifications.
On September 12, 2012, the Council's Scientific and Statistical
Committee (SSC) considered various approaches for an ABC control rule.
The SSC considered the ABC approaches examined by the Herring Plan
Development Team (PDT), discussed other possible approaches, and agreed
to support both PDT approaches as alternatives for ABC and the ABC
control rule for 2013-2015 as the most appropriate for management at
this time. The first approach sets ABC for all 3 years based on 75
percent FMSY. The second approach sets ABC at the same level
for all 3 years, which has a no greater than 50-percent probability of
exceeding FMSY in 2015. The SSC concluded that these two
approaches for setting ABC are nearly equivalent from a biological
perspective, as they are expected to produce similar spawning stock
biomass values for the herring stock in 2015. The SSC also determined
that the two control rules would likely meet ecosystem-based targets
for a forage species because they incorporated a major advance in
accounting for natural mortality in the herring stock, which takes into
account herring's role as forage in the ecosystem. The Council's
Herring Oversight Committee met on September 20, 2012, to discuss the
SSC's ABC and control rule recommendations, and to develop additional
herring specifications (e.g., ACL, OY, RSA) based on that advice.
At its September 26, 2012, meeting, the Council considered the
SSC's recommendations for an ABC control rule. Based on advice from its
scientific advisors, the SSC, the Council selected the ``constant
catch'' ABC control rule as its preferred alternative. This rule
provides consistency and potential stability to fishing industry
operations and an opportunity for providing a steady supply of catch to
the market. At the same time, it maintains a low probability of
overfishing or the stock being overfished.
Following the Council meeting, Earth Justice (representing the
plaintiffs in the litigation on Amendment 4) sent a letter to the
Council commenting that the Council's consideration of ABC control
rules is not consistent with the Court order to evaluate an ABC control
rule for forage fish. Earth Justice provided two additional forage fish
ABC control rules for the Council to consider: One based on the Lenfest
Forage Fish Report; and the other used by the Pacific Fishery
Management Council for coastal pelagic species. As a result, the
Herring PDT reviewed these two additional forage fish ABC control rules
at its October 18, 2012, meeting and recommended to the Council that:
(1) These two additional ABC control rules may not be appropriate for
herring; and (2) the SSC should evaluate the applicability of these
control rules for herring at its November 19, 2012, meeting, both for
the 2013-2015 specifications and for long-term management.
The Council also requested that the SSC evaluate the two additional
ABC control rules recommended by Earth Justice. In considering the
Lenfest and Pacific Council control rules in preparation for the SSC
review, the Herring PDT expressed concern about adopting either of
these control rules in the 2013-2015 specifications package, as either
would represent a significant change in management strategy, which may
not be consistent with the Council's management regime or the
underlying stock assessment advice, and that adopting such a rule would
require consideration of a number of factors not appropriate to the
specifications process (i.e., such a potentially significant deviation
from the current management regime would be better considered in a
Council amendment to the FMP). The SSC carefully considered the
additional two control rules it was asked to review, and concluded that
forage fish control rules based on the Lenfest and Pacific Council
models would yield short-term biomass projections for 2013-2015 that
are very similar to their previous ABC control rule recommendations
(i.e., 75
[[Page 46899]]
percent of FMSY and constant catch control rules) (see Appendix II of
the EA for the specifications). The SSC concluded that the 75-percent
and constant catch control rules that it had already recommended to the
Council are consistent with the intent of control rules recommended by
Earth Justice in that they acknowledge that herring is an important
forage species, take that into account, and allow for sufficient
biomass through 2015 to support ecosystem considerations, including
herring's forage role in the ecosystem. The SSC also noted that there
are substantial differences between the two control rules and that
considerably more analysis would be necessary to support applying
forage fish control rules like the Lenfest and Pacific Council
approaches to Atlantic herring in the future. The SSC concluded that it
did not have sufficient information to evaluate the performance of the
additional control rules for issues including predator-prey models, the
relationship between MSY and changing natural mortality rates due to
changes in consumption, and unintended consequences of treating forage
species differently than other managed species. As a result, the SSC
recommended to the Council that control rules for forage species such
as the Lenfest and Pacific pelagics control rules should receive
further evaluation prior to any potential implementation as a long-term
strategy for managing herring. Based on the SSC's recommendations, the
Council determined that the 75-percent and constant catch control rules
adequately account for herring's role as forage (and would yield
similar results to short-term application of specific forage fish
control rules) and that consideration of other approaches for the long
term will require additional analyses of the appropriate multiple
reference points, and should be evaluated in a full Council amendment
to the FMP. Section 2.2.9.1 ``Additional Alternatives for ABC Control
Rule'' in the EA fully explains the Council's rationale for considering
and rejecting these forage fish control rule alternatives as part of
the specifications. NMFS agrees that the Council's proposed control
rule for this action, which is based on the SSC's scientific advice, is
the most appropriate approach at this time. NMFS also agrees with the
Council's conclusions that the Council should further consider a more
specific forage fish control rule, including a consideration of the
implications of forage control rules on other components of the
ecosystem and on the biological reference points for herring. NMFS
further will urge the Council to consider this in the context of an
amendment to the FMP to potentially be used when developing the 2016-
2018 specifications.
The 2013-2015 specifications also address the Court order relative
to AMs for the herring fishery. Due to some recent challenges
monitoring the herring fishery, NMFS provided specific AM
recommendations to the Council in a letter dated January 23, 2013.
Herring catch exceeded one or more management area sub-ACLs in 2010 and
2011, and preliminary data indicate that 2012 catch exceeded three
management area sub-ACLs, as well as the stock-wide ACL. This reflects
a difficulty in monitoring this high volume fishery, in which the fleet
catches and lands large volumes of fish in a very short period of time.
NMFS currently monitors herring catch using a combination of daily
electronic vessel reports, weekly vessel trip reports, and weekly
dealer reports. Data errors in catch reports, late reporting, or non-
compliance have been a challenge to monitor the fishery in real-time.
As a result, in a letter dated January 23, 2013, NMFS recommended
that the Council revise its management area closure measure to be more
precautionary (close the directed fishery when 92 percent, rather than
95 percent, of the area's sub-ACL is projected to be harvested) and
adopt a measure that would close the directed fishery in all management
areas when 92 percent of the stock-wide ACL is projected to be
harvested. Additionally, the letter recommended that the Council
maintain the current pound-for-pound overage deduction measure
(allowing for an interim year to verify and finalize catch data) and
that it not revise the overage deduction measure so that it would only
require overage deductions when catch exceeded 105 percent of a
management area sub-ACL.
The Council considered a range of AM alternatives for the herring
fishery to help prevent ACL overages and account for overages when they
do occur. The Council recommended revising the existing management area
closure measure by lowering the directed herring fishery (landings
>2,000 lb) closure trigger in a management area from 95 percent to 92
percent of the area's sub-ACL. The Council also recommended
establishing a new AM that would close the entire directed herring
fishery when 95 percent of the stock-wide ACL is harvested. Both of
these measures would help prevent sub-ACL and stock-wide ACL overages
that the fishery has experienced in 2010, 2011, and possibly 2012.
Lastly, after considering a range of less precautionary overage
deduction measures, the Council recommended maintaining the current
overage deduction measure. This measure allows for an interim year to
verify and finalize herring catch data before deducting overages from
the sub-ACL and/or stock-wide ACL where the overage occurred,
consistent with the proposed carryover provision.
At its January 29, 2013, meeting, the Council recommended the 2013-
2015 specifications for the herring fishery. NMFS proposes to implement
the herring specifications as recommended by the Council, as detailed
in Table 1 below. For 2013-2015, the Council may annually review these
specifications and recommend adjustments if necessary.
Table 1--Proposed Specifications
[Proposed Atlantic herring specifications (mt) for 2013-2015]
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Overfishing Limit................... 2013--169,000.
2014--136,000.
2015--114,000.
Allowable Biological Catch.......... 114,000.
Optimum Yield/Annual Catch Limit.... 107,800.
Domestic Annual Harvest............. 107,800.
Border Transfer..................... 4,000.
Domestic Annual Processing.......... 103,800.
U.S. At-Sea Processing.............. 0.
Area 1A Sub-ACL..................... 31,200.
Area 1B Sub-ACL..................... 4,600.
Area 2 Sub-ACL...................... 30,000.
Area 3 Sub-ACL...................... 42,000.
[[Page 46900]]
Fixed Gear Set-Aside................ 295.
Research Set-Aside.................. 3 percent of each sub-ACL.
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Consistent with the SSC's advice, the Council recommended changing
the OFL from 127,000 mt in 2012 to 169,000 mt in 2013, 136,000 mt in
2014, and 114,000 mt in 2015, and increasing the herring ABC from
106,000 mt in 2010-2012, to a constant level of 114,000 mt for 2013-
2015. The Council believes that the buffer between OFL and ABC is
reflective of scientific uncertainty. Reductions for additional sources
of scientific uncertainty (e.g., biomass projections, recruitment,
forage/natural mortality) were not recommended. OY may not exceed OFL
and may be reduced by social, economic, or ecological factors. The
Council did not recommend any additional buffers for 2013-2015, so OY
is set equal to ACL. Herring regulations (Sec. 648.200(b)(3)) specify
that the ACL is less than or equal to ABC minus expected catch in the
New Brunswick weir fishery and the uncertainty around discard estimates
of herring caught in Federal and state waters. The Council recommended
a 6,200-mt deduction for New Brunswick weir catch based on recent
performance in that fishery. Because state-only catch and herring
discards are tracked against the ACL, the Council did not recommend any
additional buffer between ABC and ACL to account for the uncertainty
around discard estimates.
Regulations at Sec. 648.201(f) state that if NMFS determines that
the New Brunswick weir fishery landed less than 9,000 mt through
October 15, NMFS shall allocate an additional 3,000 mt to the Area 1A
sub-ACL in November. Because the Council recommended, and this action
proposes, a much smaller deduction for New Brunswick weir catch (6,200
mt) for 2013-2015 than in past years, the previous requirement to
allocate additional harvest to Area 1A if catch in the New Brunswick
weir fishery is less than 9,000 mt is not appropriate for 2013-2015.
Therefore, this action would remove that requirement.
BT is a processing allocation available to Canadian transport
vessels and dealers. The MSA provides for the issuance of permits to
Canadian vessels transporting U.S. harvested herring to Canada for
sardine processing. The Council recommended the specification for BT be
4,000 mt. The amount specified for BT has equaled 4,000 mt since 2000.
As there continues to be Canadian interest in transporting herring for
sardine processing, the specification for BT remains unchanged.
The Herring FMP specifies that DAH will be set less than or equal
to OY and be comprised of DAP and BT. Consistent with the proposed
specifications for OY, the Council recommended that DAH be 107,800 mt
for 2013-2015. DAH should reflect the actual and potential harvesting
capacity of the U.S. herring fleet. Since 2001, total landings in the
U.S. fishery have decreased, averaging 93,792 mt over the time series.
Herring landings from the most recent 5-year period (2007-2011)
averaged 86,373 mt. DAP is the amount of U.S. harvest that is processed
domestically, as well as herring that is sold fresh (i.e., bait). DAP
is calculated by subtracting BT from DAH. Using this formula, the
Council recommended that DAP be 103,800 mt. NMFS concurs that the U.S.
herring fishery has the capacity to harvest and process the DAH and DAP
recommended by the Council, so it proposes that DAH be set at 107,800
mt and DAP be set at 103,800 mt for 2013-2015.
A portion of DAP may be specified for the at-sea processing of
herring in Federal waters. When determining the USAP specification, the
Council considers availability of shore-side processing, status of the
resource, and opportunities for vessels to participate in the herring
fishery. During the 2007-2009 fishing years, the Council maintained a
USAP specification of 20,000 mt (Areas \2/3\ only) based on information
received about a new at-sea processing vessel that intended to utilize
a substantial amount of the USAP specification. At that time, landings
from Areas 2 and 3--where USAP is authorized--were considerably lower
than allocated sub-ACLs (formerly TACs) for each of the past several
years. Moreover, the specification of 20,000 mt for USAP did not
restrict either the operation or the expansion of the shoreside
processing facilities during the 2007-2009 fishing years. However, this
operation never materialized, and none of the USAP specification was
used during the 2007-2009 fishing years. Consequently, the Council set
USAP at zero for the 2010-2012 fishing years. The Council has not
received any information that would suggest changing this specification
for FYs 2013-2015.
The Council recommended and NMFS is proposing a 3-percent herring
research set-aside (RSA) for all management areas for fishing years
2014-2015. The research set-aside was established in Amendment 1 (0-3
percent for any management area). The herring RSA set-aside is removed
from each sub-ACL prior to allocating the remaining sub-ACL to the
fishery. If a proposal is approved, but a final award is not made by
NMFS, or if NMFS determines that the allocated RSA cannot be utilized
by a project, NMFS shall reallocate the unallocated or unused amount of
the RSA to the respective sub-ACL, in accordance with the APA, provided
that the additional catch can be available for harvest before the end
of the fishing year for which that RSA is specified. Any unallocated or
unused RSA would be re-allocated to the sub-ACL and made available to
the fleet before the end of the fishing year in accordance with the
APA, provided that the RSA can be available for harvest before the end
of the fishing year for which the RSA is specified.
Herring regulations (Sec. 648.201(g)) specify that up to 500 mt of
the Area 1A sub-ACL shall be allocated for the fixed gear fisheries in
Area 1A (weirs and stop seines) that occur west of 44[deg] 36.2 N. Lat.
and 67[deg]16.8 W. Long. This set-aside shall be available for harvest
by the fixed gear within the specified area until November 1 of each
year; any unused portion of the allocation will be restored to the Area
1A sub-ACL after November 1. During 2010-2012, the fixed gear set-aside
was specified at 295 mt. Because the proposed Area 1A sub-ACL for 2013-
2015 is not substantially different from the Area 1A sub-ACL in 2012,
the Council recommended that the fixed gear set-aside remain the same.
Therefore, the Council recommended, and NMFS is proposing, that the
fixed gear set-aside be set at 295 mt for 2013-2015.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has preliminarily determined that this proposed rule is
consistent with the Atlantic Herring FMP, other provisions of the MSA,
and other applicable law, subject to further consideration after public
comment.
[[Page 46901]]
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A summary of the analysis follows.
Statement of Objective and Need
This action proposes management measures and 2013-2015
specifications for the herring fishery. A complete description of the
reasons why this action is being considered, and the objectives of and
legal basis for this action, are contained in the preamble to this
proposed rule and are not repeated here.
Description and Estimate of Number of Small Entities To Which the Rule
Will Apply
Based on 2012 permit data, the number of potential fishing vessels
in each permit category in the herring fishery are as follows: 40 for
Category A (limited access, All Areas); 4 for Category B (limited
access, Areas 2 and 3); 45 for Category C (limited access, incidental);
and 1,984 for Category D (open access). Using ownership data and this
permit information, 61 entities were analyzed relative to the impacts
on small entities when the Council made its recommendations on this
action. Three entities, owning vessels with Category A permits, were
considered large entities, as defined in section 601 of the RFA, based
on the small business size standards in effect when the Council made
its recommendations on this action.
The Office of Advocacy at the Small Business Administration (SBA)
suggests two criteria to consider in determining the significance of
regulatory impacts: Disproportionality and profitability. The
disproportionality criterion compares the effects of the regulatory
action on small versus large entities (using the SBA-approved size
definition of ``small entity''), not the difference between segments of
small entities. The changes in profits, costs, and net revenues due to
Framework 2/Specifications are not expected to be disproportional for
small versus large entities, as the proposed action will affect all
entities, large and small, in a similar manner. As a result, this
action would have proportionally similar impacts on revenues and
profits of each vessel and each multi-vessel owner compared both to
status quo (i.e., FY 2012) and no action levels. Therefore, this action
is not expected to have disproportionate impacts or place a substantial
number of small entities at a competitive disadvantage relative to
large entities.
Subsequent to Council action related to this proposed rule, SBA
revised its small business size standards for several industries in a
final rule effective July 22, 2013 (78 FR 37398, June 20, 2013). The
rule increased the size standard for Finfish Fishing from $4.0 to $19.0
million, Shellfish Fishing from $4.0 to $5.0 million, and Other Marine
Fishing from $4.0 to $7.0 million. NMFS has reviewed the analyses
prepared for this action in light of the new size standards. In
preparing this IRFA, NMFS reviewed permit, landings, and ownership
data, NMFS discovered an error in tabulating revenues and entities for
2012 and corrects the numbers in this proposed rule.
NMFS has now identified 70 entities (compared to 61 in the original
analysis) that held at least one limited access herring permit
(category A, B, or C) in 2012. Many of these entities were active in
both finfish fishing and shellfish fishing industries. In order to make
a determination of size, fishing entities are first classified as
participants in either the Finfish Fishing or Shellfish Fishing
industry. If an entity derives more than 50 percent of its gross
revenues from shellfish fishing, the $5.0 million standard for total
revenues is applied. If an entity derives more than 50 percent of its
gross revenues from finfish fishing, the $19.0 million standard for
total revenues is applied. Based on the revised criteria, there are 7
large shellfish fishing entities to which the proposed rule would
apply. There are 63 small entities to which the proposed rule would
apply.
Of the 63 small entities, 39 reported no revenue from herring
during 2012. For the twenty-four (24) small entities that were active
in the herring fishery, median gross revenues were approximately
$872,000 and median revenues from the herring fishery were
approximately $219,000. There is large variation in the importance of
herring fishing for these small entities. Eight of these 24 active
small entities derive less than 5 percent of their total fishing
revenue from herring. Seven of these 24 active small entities derive
more than 95 percent of their total fishing revenue from herring.
After considering the new information, and the new SBA size
standards, NMFS does not believe that the new size standards affect the
above conclusion that the proposed action would affect all entities,
whether large or small, in a similar manner. NMFS solicits public
comment on the analyses in light of the new size standards and revised
permit and entity information.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.
Minimizing Significant Economic Impacts on Small Entities
Proposed Actions
Framework Adjustment 2, by allowing sub-ACL carryover, would
improve profitability by allowing the industry to maximize
opportunities to fish when markets are favorable. The proposed 2013-
2015 herring specifications, ABC, and the corresponding sub-ACLs would
increase for the upcoming 3 fishing years (106,00 mt to 114,000 mt),
which could also increase profitability. The proposed AMs are expected
to act as an incentive to avoid exceeding the ACL and are expected to
have minimal impacts on profitability. The impacts of these measures
are described below.
Seasonal Splits of Sub-ACLs
Relative to the status quo, the proposed measures, which allow for
seasonal splits, may have costs to the herring industry. A seasonal
split would delay harvest of herring and potentially reallocate herring
effort from earlier in the season to later in the season. The purpose
of this measure is to ensure that the herring sub-ACLs are not met or
exceeded early in the fishing year. Prolonging the fishing season, or
delaying fishing opportunities until late in the fishing year may be
desirable in many cases. For example, because herring and mackerel are
jointly caught at the end of the fishing year in Area 2, there may be
an opportunity to increase catch by delaying some effort until later
during the year to provide an opportunity to catch mackerel along with
herring. Therefore, there may be benefits to fishing businesses that
participate in both the herring and mackerel fishery if the Council
chooses to adopt a seasonal split in Area 2, or other areas, in future
actions.
The specifications for 2013-2015 implement the actual seasonal
splits. The status quo for seasonal splits includes a seasonal split
for Area 1A (0 percent for January-May and 100 percent for June-
December), and no seasonal splits for the other areas. The proposed
measures adds a seasonal split for Area 1B (0 percent January-April
[[Page 46902]]
and 100 percent in May-December). This would delay fishing in Area 1B
to allow for sufficient time for overage or carryover determinations so
the industry may be better able to harvest within the sub-ACL. The
proposed Area 1B split may increase user-group conflicts, particularly
between the midwater trawl herring vessels and recreational anglers who
utilize Area 1B in June. With the exception of 2011 and 2012, Area 1B
has been open year-round to the herring fishery (only in 2012 was it
closed in June) without significant conflict with the recreational
fishery. However, the proposed seasonal split may increase herring
vessel activity in Area 1B in June.
An Area 2 split of 67 percent in January-February and 33 percent in
March-December was considered, but not selected. The seasonal splitting
proposed for Area 2 could ensure herring availability towards the end
of the year. This could have positive economic benefits for fishing
vessels that are jointly catching herring and mackerel at the end of
the calendar year.
Carryover Provisions
Relative to the status quo, the proposed measures to allow for
carryover of up to 10 percent of sub-ACL benefits the herring industry
by increasing operational flexibility and efficiency. For all carryover
options, there are slightly higher regulatory and monitoring costs for
NMFS. The Council also considered three options for how to apply the
proposed carryover, which have different potential economic impacts to
affected entities. Under the Preferred Option (Option 1), there would
be no corresponding increase in the total stockwide ACL. Under Option
2, an increase in the total stockwide ACL would be possible and the
determination would be authorized by NMFS Regional Administrator. Under
Option 3, the total stockwide ACL could increase but could not exceed
ABC in any fishing year. All options would provide benefits to the
herring industry in terms of increased operational flexibility, higher
levels of catch in subsequent years, or both. There may be moderate
increases in monitoring and reporting costs which would accrue to
fishery managers (NMFS) associated with these options.
Impacts of OFL/ABC Alternatives
Relative to the status quo, the proposed specifications for setting
the herring ABC and OFL for 2013-2015 will result in an increase in OFL
and ABC. Increasing, then maintaining a stable OFL and ABC would
provide net benefits to the herring industry in the short and long
term, relative to the status quo. Moderately higher amounts of catch
may result in slightly lower bait costs to the lobster industry.
Alternative 3 for setting ABC for 2013-2015 would also increase the
amount of available catch over the three year specifications period and
thereby the potential net benefits to the herring industry in the short
and long term, relative to the status quo. However, Alternative 3 would
provide lower net benefits than Alternative 2 because it would not
provide the industry with stable market expectations and improved
ability for business planning.
Sub-ACL Options
Relative to the status quo, these specifications would provide
16,600 mt of additional yield each year in 2013-2015 relative to the
yield available in 2012. Increasing a sub-ACL results in positive
economic impacts, if the increase translates into increased catch.
Increases in sub-ACLs that are not likely to be fully utilized will
provide minimal, if any, economic benefits. The values of sub-ACLs
under consideration in all options are within the range of recent sub-
ACLs and catches. This suggests that the herring industry could
approach full utilization of the sub-ACLs under any of the options.
Relative to the status quo, all other alternatives are expected to
provide similar benefits because they are primarily distributive in
nature.
Impacts of Other Proposed 2013-2015 Fishery Specifications
No costs or benefits are expected for the specifications of
management uncertainty, RSAs, Fixed Gear Set-Aside (FGSA), DAH, BT, or
USAP relative to the status quo.
Accountability Measures
The proposed measures would close the directed fishery at 92
percent of the sub-ACL. Relative to the status quo of 95 percent of the
sub-ACL, this alternative may limit fishing opportunities, which would
be a cost to the industry. However, this measure may also ensure that
sub-ACLs are not exceeded and deducted from future ACLs. The proposed
measure would close the entire fishery at 95 percent of the total
stockwide ACL; this differs from the status quo because there is
currently no trigger to close the directed fishery in all areas based
on a percentage of the total ACL. This may impose a small short-term
cost on the herring industry relative to the status quo, but there are
expected to be long-term benefits from reducing ACL overages. Moreover,
the 92-percent trigger for the sub-ACLs in the management areas should
minimize impacts associated with closures, especially when combined
with carryover provisions that are proposed in Framework 2. The Council
also evaluated an option that would close the entire fishery at 92
percent of the total stockwide ACL; this would also impose a small cost
on the herring industry relative to the status quo, but presumably less
closing the fishery at 95 percent of the catch.
Alternative 3 would have lower costs to the herring industry but
may be less effective at achieving the conservation objectives of the
Herring FMP. Under Alternative 4, the closure trigger would be affected
by any previous overages. This would increase the management complexity
for regulators and the industry because there could be different
triggers for each management area.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 29, 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.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, paragraph (r)(1)(vi)(G) is added to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(r) * * *
(1) * * *
(vi) * * *
(G) Fish for, possess, or retain herring in any management area
during a season that has zero percent of the herring sub-ACL allocated
as specified in Sec. 648.201(d).
* * * * *
0
3. In Sec. 648.201, paragraphs (a)(1), (d), and (f) are revised to
read as follows:
Sec. 648.201 AMs and harvest controls.
(a) * * * (1) Herring sub-ACLs and ACL--(i) Management area
closure. If NMFS projects that catch will reach 92 percent of the
annual sub-ACL allocated to a management area before the end of the
fishing year, or 92 percent of the
[[Page 46903]]
Area 1A or Area 1B sub-ACL allocated to a seasonal period as set forth
in paragraph (d) of this section, NMFS shall prohibit vessels,
beginning the date the catch is projected to reach 92 percent of the
sub-ACL, from fishing for, possessing, catching, transferring, or
landing more than 2,000 lb (907.2 kg) of Atlantic herring per trip in
the applicable area, and from landing herring more than once per
calendar day, except as provided in paragraphs (b) and (c) of this
section. NMFS shall implement these restrictions in accordance with the
APA.
(ii) Herring fishery closure. If NMFS projects that catch will
reach 95 percent of the ACL before the end of the fishing year, NMFS
shall prohibit vessels, beginning the date the catch is projected to
reach 95 percent of the ACL, from fishing for, possessing, catching,
transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic
herring per trip in all herring management areas, and from landing
herring more than once per calendar day, except as provided in
paragraphs (b) and (c) of this section. NMFS shall implement these
restrictions in accordance with the APA.
* * * * *
(d) Seasonal sub-ACL periods. The sub-ACL for each herring
management area may be divided into seasonal periods by month. Seasonal
sub-ACLs for herring management areas, including the specification of
the seasonal periods, shall be set through the annual specification
process described at Sec. 648.200. The seasonal allocation of sub-ACLs
are as follows:
(1) Area 1A: Zero percent available for harvest during January-May;
100 percent available for harvest during June-December.
(2) Area 1B: Zero percent available for harvest during January-
April; 100 percent available for harvest during May-December.
(3) Area 2: 100 percent available for harvest during January-
December.
(4) Area 3: 100 percent available for harvest during January-
December.
* * * * *
(f) Carryover. Subject to the conditions described in this
paragraph (f), up to 10 percent of unharvested catch in a herring
management area in a fishing year shall be carried over and added to
the sub-ACL for that herring management area for the fishing year
following total catch determination. For example, NMFS will determine
total catch from 2013 during 2014, and will add carryover to the
applicable sub-ACL(s) in 2015. All such carryover shall be based on the
herring management area's initial sub-ACL allocation for the fishing
year, not the sub-ACL as increased by carryover or decreased by an
overage deduction, as specified in paragraph (a)(3) of this section.
All herring landed from a herring management area shall count against
that area's sub-ACL, as increased by carryover. For example, if 500 mt
of herring is added as carryover to a 5,000 mt sub-ACL, catch in that
management area would be tracked against a total sub-ACL of 5,500 mt.
NMFS shall add sub-ACL carryover only if the ACL, specified consistent
with Sec. 648.200(b)(3), for the fishing year in which there is
unharvested herring, is not exceeded. The ACL, consistent with Sec.
648.200(b)(3), shall not be increased by carryover specified this
paragraph (f).
* * * * *
[FR Doc. 2013-18655 Filed 8-1-13; 8:45 am]
BILLING CODE 3510-22-P