[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49917-49929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20303]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150623545-5545-01]
RIN 0648-XE015


Revisions to Framework Adjustment 53 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 2015

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 multispecies sector rosters 
submitted as of May 1, 2015, we are adjusting the fishing year 2015 
specification of annual catch limits for commercial groundfish vessels, 
as well as sector annual catch entitlements and common pool allocations 
for groundfish stocks. This revision to fishing year 2015 catch levels 
is necessary to account for changes in the number of participants 
electing to fish in either sectors or the common pool fishery. This 
action details unused sector quotas that may be carried over from 
fishing year 2014 to fishing year 2015. This action also reduces the 
fishing year 2015 common pool allocation of Eastern Georges Bank cod 
and adjusts common pool incidental catch limits to account for a common 
pool fishing year 2014 overage.

DATES: Effective August 17, 2015, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9128.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(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. Framework Adjustment 
(Framework) 53 set annual catch limits for groundfish stocks and three 
jointly managed U.S./Canada stocks for fishing year 2015. We recently 
approved Framework 53, which became effective on May 1, 2015 (80 FR 
25110).
    We also recently approved fishing year 2015 sector operations plans 
and allocations (80 FR 25143; May 2, 2015; ``sector final 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. The sum of all 
sector and state-operated permit bank allocations is referred to as the 
sector sub-ACL. Whatever groundfish allocations remain after sectors 
and state-operated permit banks receive their allocations are then 
allocated to the common pool (i.e., vessels not enrolled in a sector).
    This rule adjusts the fishing year 2015 sector and common pool 
allocations based on final sector membership as of May 1, 2015. Since 
the final rules are not effective until the beginning of the fishing 
year (May 1), permits enrolled in a sector and the vessels associated 
with those permits have until April 30, the last day prior to the 
beginning of a new fishing year, to withdraw from a sector and fish in 
the common pool. As a result, the actual sector enrollment for the new 
fishing year is unknown when the specifications (in this case, 
Framework 53) and sector final rules publish. To address this issue, 
each year we publish an adjustment rule modifying sector and common 
pool allocations based on final sector enrollment. If the sector 
allocation increases as a result of sector membership changes, the 
common pool allocation decreases--the opposite is true as well. The 
Framework 53 and the fishing year 2015 sector proposed and final rules 
both explained that sector enrollments may change and that there would 
be a need to adjust the sub-ACLs and ACEs accordingly.
    Adjustments to sector ACEs and the sub-ACLs for sectors and the 
common pool are typically minimal as historically there has been little 
change in sector enrollment. Tables 1, 2, and 3 explain the revised 
fishing year 2015. Table 4 compares the allocation changes between the 
sector final rule and this adjustment rule. Vessels currently enrolled 
in sectors have accounted for approximately 99 percent of the 
historical groundfish landings. This year's sector final rule specified 
sector ACEs based on the 842 permits enrolled in sectors on February 
25, 2015. As of May 1, 2015, there are 838 NE multispecies permits 
enrolled in sectors, which means four permits elected to leave sectors 
and operate in common pool for fishing year 2015.
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    We have completed fishing year 2014 data reconciliation with 
sectors and determined final fishing year 2014 sector catch and the 
amount of quota that sectors may carry from fishing year 2014 into 
fishing year 2015. 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)). This rule ensures 
that catch does not exceed the allowable biological catch 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 2014 into 
fishing year 2015. Table 6 includes the de minimis amount of quota that 
sectors may carry over from fishing year 2014 into fishing year 2015. 
Tables 7 and 8 list the final ACE available to sectors for fishing year 
2015, including carryover.

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    This rule also reduces the Eastern GB cod common pool sub-ACL for 
fishing year 2015 due to a fishing year 2014 overage (Tables 9 and 10). 
When the common pool sub-ACL for any stock is exceeded in one fishing 
year, the

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accountability measures in the FMP require us to reduce the common pool 
sub-ACL by the amount of the overage in the next fishing year. The 2.8 
mt fishing year 2014 common pool sub-ACL for Eastern GB cod was 
exceeded by 1.3 mt (48 percent). Therefore, this action reduces the 
initially allocated 2.7 mt fishing year 2015 Eastern GB cod common pool 
sub-ACL by 1.3 mt, leaving an adjusted allocation of 1.4 mt for the 
remainder of the fishing year.
    Framework 53 specified incidental catch limits (or incidental total 
allowable catches, ``TACs'') applicable to the common pool and 
groundfish Special Management Programs for fishing year 2015, including 
the B day-at-sea (DAS) Program. Because these incidental catch limits 
are based on the common-pool allocation, they also must be revised to 
match current common pool enrollment allocation and, in this instance, 
to account for the Eastern GB cod accountability measure for fishing 
year 2015. Final common pool trimester quotas (including adjustments 
for the Eastern GB cod overage) and incidental catch limits are 
included in Tables 11-15 below.
    This is only a temporary final rule. After we finish reconciling 
differences in fishing year 2014 catch accounting between our data and 
each sector manager's data, each sector will have 2 weeks to trade its 
fishing year 2014 ACE to account for any overages. After that 2-week 
trading window, a sector that still has exceeded its fishing year 2014 
allocation will have its fishing year 2015 allocation reduced, pursuant 
to regulatory requirements. Because data reconciliation and the 2-week 
trading window take place after the new fishing year beings, we reserve 
20 percent of each sector's fishing year 2015 allocation until fishing 
year 2014 catch data are reconciled. Sectors can carryover up to 10 
percent of their fishing year 2014 ACE, or an amount of ACE that does 
not result in exceeding the allowable biological catch, into fishing 
year 2015. We will publish a final follow-up rule detailing any 
carryover of fishing year 2014 sector allocation or reduction in 
fishing year 2014 allocation resulting from sectors under or 
overharvesting their allocations.
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                          Table 12--Fishing Year 2015 Common Pool Incidental Catch TACs
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                  Stock                    Percentage of common pool sub-ACL       Incidental catch TAC (mt)
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GB cod..................................                                   2                                0.75
GOM cod.................................                                   1                                0.06
GB yellowtail flounder..................                                   2                                0.08
CC/GOM yellowtail flounder..............                                   1                                0.21
American Plaice.........................                                   5                                1.35
Witch Flounder..........................                                   5                                 0.7
SNE/MA winter flounder..................                                   1                                1.59
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         Table 13--Distribution of Common Pool Incidental Catch TACs to Each Special Management Program
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                                                           Closed Area I                        Southern closed
                Stock                   Regular B DAS        hook gear       Eastern U.S./CA    Area II haddock
                                         program (%)      haddock SAP (%)    haddock SAP (%)          SAP
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GB cod..............................                 50                 16                 34                 NA
GOM cod.............................                100                 NA                 NA                 NA
GB yellowtail flounder..............                 50                 NA                 50                 NA
CC/GOM yellowtail flounder..........                100                 NA                 NA                 NA
American Plaice.....................                100                 NA                 NA                 NA
Witch Flounder......................                100                 NA                 NA                 NA
SNE/MA winter flounder..............                100                 NA                 NA                 NA
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        Table 14--Fishing Year 2015 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 haddock    Canada haddock
                                                              program              SAP                SAP
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GB cod.................................................               0.38               0.12               0.26
GOM cod................................................               0.06                 NA                 NA
GB yellowtail flounder.................................               0.04                 NA               0.04
CC/GOM yellowtail flounder.............................               0.21                 NA                 NA
American Plaice........................................               1.35                 NA                 NA
Witch Flounder.........................................               0.70                 NA                 NA
SNE/MA winter flounder.................................               1.59                 NA                 NA
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          Table 15--Fishing Year 2015 Common Pool Regular B DAS Program Quarterly Incidental Catch TACs
                                                     [(mt)]
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                Stock                 1st Quarter (13%)  2nd Quarter (29%)  3rd Quarter (29%)  4th Quarter (29%)
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GB cod..............................               0.05               0.11               0.11               0.11
GOM cod.............................               0.01               0.02               0.02               0.02
GB yellowtail flounder..............               0.01               0.01               0.01               0.01
CC/GOM yellowtail flounder..........               0.03               0.06               0.06               0.06
American Plaice.....................               0.18               0.39               0.39               0.39
Witch Flounder......................               0.09               0.20               0.20               0.20
SNE/MA winter flounder..............               0.21               0.46               0.46               0.46
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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 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 notice and opportunity for public comment on the catch 
limit and allocation adjustments because allowing time for notice and 
comment is impracticable, unnecessary, 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.
    There are several reasons that notice and comment are 
impracticable, unnecessary, and contrary to the public interest. First, 
the proposed and final rules for fishing year 2015 sector operations 
plans and contracts explained the need and likelihood for adjustments 
of sector and common pool allocations based on final sector rosters.

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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. Furthermore, we have followed a similar 
process since Amendment 16 was implemented in 2010; this annual 
adjustment action is anticipated by industry. The accountability 
measure and adjustment process to account for the fishing year 2014 
Eastern Georges Bank cod overage was also already subject to notice and 
comment during Amendment 16 development and implementation. Second, 
these adjustments are based on either objective sector enrollment data 
or a pre-determined accountability measure and are not subject to NMFS' 
discretion, so there would be no benefit to allowing time for prior 
notice and comment. Third, a delay would potentially impair achievement 
of the management plan's objectives for the common pool of preventing 
overfishing and achieving optimum yield by staying within ACLs or 
allocations. Finally, 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.
    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 2015 sector operations plans and contracts. 
Adjustments for overages are also explained in detail in the Amendment 
16 proposed and final rules. As a result, NE multispecies permit 
holders are expecting these adjustments and awaiting their 
implementation. 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. 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.
    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: August 11, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-20303 Filed 8-17-15; 8:45 am]
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