[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Rules and Regulations]
[Pages 12420-12422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05250]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151223999-6135-01]
RIN 0648-XE379


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustments to 2016 Annual Catch Limits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary final rule; adjustment of specifications.

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SUMMARY: This action adjusts initial 2016 annual catch limits for the 
Atlantic herring fishery to account for the under-harvest and overages 
of fishing year 2014 sub-annual catch limits. The 2015 specifications 
will remain in place after December 31, 2015, until NMFS sets new 
specifications through a 2016-2018 fishery specifications final rule, 
which NMFS expects to publish in the spring of 2016. In accordance with 
the regulations implementing the Atlantic Herring Fishery Management 
Plan, this action uses final herring catch data from 2014 for 
determining what under-harvest and overages occurred in fishing year 
2014, and adjusts the initial 2016 annual catch limits for the four 
management areas (Areas 1A, 1B, 2, and 3). In addition, this action 
adjusts the initial 2016 stock-wide annual catch limit to account for 
any management area overages incurred in 2014. In order to ensure that 
carryover pounds do not cause overfishing of the herring resource, 
area-specific carryover does not increase the initial stock-wide catch

[[Page 12421]]

allocation. This action is necessary to ensure that NMFS accounts for 
herring catch consistent with the requirements of the Atlantic Herring 
Fishery Management Plan.

DATES: Effective March 9, 2016, through December 31, 2016.

ADDRESSES: Copies of supporting documents, including the 2013-2015 
Specifications/Framework 2 to the Atlantic Herring Fishery Management 
Plan (FMP), are available from the Sustainable Fisheries Division, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930, telephone (978) 281-9315, or online at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
978-281-9244, fax 978-281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic herring harvest in the United States is managed under 
the FMP developed by the New England Fishery Management Council 
(Council). The FMP divides the stock-wide herring annual catch limit 
(ACL) among three management areas, one of which has two sub-areas. It 
divides Area 1 (located in the Gulf of Maine (GOM)) into an inshore 
section (Area 1A) and an offshore section (Area 1B). Area 2 is located 
in the coastal waters between Massachusetts and North Carolina, and 
Area 3 is on Georges Bank (GB). The FMP considers the herring stock 
complex to be a single stock, but there are inshore (GOM) and offshore 
(GB) stock components. The GOM and GB stock components segregate during 
spawning and mix during feeding and migration. Each management area has 
its own sub-ACL to allow greater control of the fishing mortality on 
each stock component.
    NMFS issued a final rule that implemented Amendment 4 to the FMP 
(76 FR 11373, March 2, 2011) to address ACL and accountability measure 
(AM) requirements. As a way to account for ACL overages in the herring 
fishery, Amendment 4 established an AM that provided if the catch of 
herring exceeds any ACL or sub-ACL, NMFS subsequently deducts the 
overage from the corresponding ACL/sub-ACL in the year following the 
catch overage determination. Amendment 4 also specified that NMFS will 
announce overage deductions in the Federal Register prior to the start 
of the fishing year, if possible.
    We also published a final rule implementing Framework 2 to the FMP 
and the 2013-15 specifications for the herring fishery on October 4, 
2013 (78 FR 61828). Among other measures, Framework 2 allows for the 
carryover of unharvested catch in the year immediately following the 
catch determination. Up to 10 percent of each sub-ACL may be carried 
over, provided the stock-wide catch did not exceed the stock-wide ACL. 
The carryover provision allows a sub-ACL increase for a management 
area, but it does not allow a corresponding increase to the stock-wide 
ACL.
    NMFS was unable to set final 2016 catch limits for the herring 
fishery by the January 1, 2016, start of the fishing year. As a result, 
the 2015 specifications will remain in place until NMFS implements 
specifications for the 2016-2018 herring fishing years, likely the 
spring of 2016. Table 1 outlines the 2015 herring catch allocations, 
including deductions for research set-aside, which are currently in 
place for the 2016 fishing year.

                       Table 1--2015 Herring Sub-ACLs (mt) Effective at the Start of 2016
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                                                                 Research set-aside  (3 percent    2015 adjusted
                                                2015  sub-ACLs            of sub-ACLs)                sub-ACL
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Area 1A.......................................          31,200  936.............................          30,264
Area 1B.......................................           4,600  138.............................           4,462
Area 2........................................          30,000  900.............................          29,100
Area 3........................................          42,000  1,260...........................          40,740
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    Stock-wide................................         107,800  3,234 (total of all sub-ACL set-         104,566
                                                                 asides).
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Provisions Implemented Through This Final Rule

    After completing the 2014 catch determination in December 2015, 
NMFS determined that in 2014 the herring fishery overharvested the sub-
ACL in herring management Area 1B, but caught less than its allocated 
catch in the three remaining herring management areas (Areas 1A, 2, and 
3). As a result, this action deducts the overage amount from the 2016 
herring catch limit in herring management Area 1B and adds unharvested 
2014 catch to the 2016 herring catch limits for the remaining three 
areas. This carryover equals to the amount of each area's underages (or 
up to ten percent of the allocated 2014 sub-annual catch limit, 
whichever is less) for herring management Areas 1A, 2, and 3. Table 2 
provides the harvest details for 2014 and initial adjustments for 2016 
herring catch limits.

[[Page 12422]]



                                                  Table 2--Herring Sub-ACLs, Catch, and Carryover (mt)
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                                                                                                          Carryover (max                   Initial 2016
                                                                                                           10 percent of   2015 adjusted     sub-ACLs
                                                           2014 sub-ACLs    2014 catch      Underage or    2014 sub-ACLs  sub-ACLs (from   adjusted for
                                                                                              overage      *) or overage     Table 1)      carryover or
                                                                                                             deduction                        overage
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Area 1A.................................................          33,031          32,898             133             133          30,264          30,397
Area 1B.................................................           2,878           4,399          -1,521          -1,521           4,462           2,941
Area 2..................................................          28,764          19,626           9,138           3,000          29,100          32,100
Area 3..................................................          39,415          36,323           3,092           3,092          40,740          43,832
                                                         -----------------------------------------------------------------------------------------------
    Stock-wide..........................................         104,088          93,247          10,841              NA         104,566      ** 103,045
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* Maximum carryover, where applicable, is based on 10 percent of initial 2014 ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and Area
  3, 42,000 mt.
** Although the initial 2016 stock-wide ACL cannot be increased by carryover, it is deducted by the amount of overage in Area 1B.

    NMFS calculated the amount of herring landings in 2014 based on 
dealer reports (Federal and state) of herring purchases, supplemented 
by vessel trip reports (VTRs) and vessel monitoring system (VMS) 
reports (Federal and State of Maine) of herring landings. We generally 
use dealer reports to estimate landings; however, if the amount of 
herring reported via VTR exceeded the amount of herring reported by the 
dealer by 10 percent or more, we assumed that the dealer report for 
that trip was in error, and used the VTR report instead. Landings were 
assigned to individual herring management areas using VMS reports, or 
latitude and longitude coordinates from VTR reports when a VMS report 
was not available. We used recent fishing activity to infer herring 
management areas for records without a corresponding VTR or VMS catch 
report.
    Herring discards were estimated by extrapolating discards from 
herring trips observed by the Northeast Fisheries Observer Program to 
all herring trips (observed and unobserved) according to gear and 
herring management area. Research Set-Aside herring catch was deducted 
from total herring catch and not counted towards the commercial herring 
quota.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), the NMFS Assistant Administrator 
has determined that this final rule is consistent with the FMP, other 
provisions of the MSA, and other applicable law.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action. 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 due to 
vessels' ability to harvest available catch allocations. Further, this 
is a nondiscretionary action required by provisions of Amendment 4 and 
Framework 2, which were previously subject to public comment. This 
action simply effectuates this mandatory calculation. The proposed and 
final rules for Framework 2 and Amendment 4 explained the need and 
likelihood for adjustments to the sub-ACLs based on final catch 
numbers. Framework 2, specifically, provided prior notice of the need 
to distribute carryover catch. These actions provided a full 
opportunity for the public to comment on the substance and process of 
this action.
    Allowing for prior notice and public comment on this adjustment is 
also impracticable because the herring fishing year already began on 
January 1, 2016. To prevent confusion and potential overharvests, it 
will be in the best interest of the fleet and the herring resource to 
set the adjusted sub-ACLs as soon as possible. Three areas are 
currently closed and will open on either May 1 (i.e., Management Areas 
1B and 3) or June 1 (i.e., Management Area 1A). Management Area 2 is 
already open and subject to a lower catch limit until this action is 
implemented. Putting in place the adjusted initial sub-ACLs as soon as 
possible will provide the fleet with this opportunity to develop their 
business plans in sufficient time to facilitate their harvest of 
available catch.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date and make the rule effective upon publication in 
the Federal Register. The 2016 herring fishing year began on January 1, 
2016. To prevent confusion and potential overharvests, it will be in 
the best interest of the fleet and the herring resource to have the 
adjusted sub-ACLs in place as soon as possible. Due to seasonal 
closures of Area 1A and 1B, and closure of most of Area 3 because of 
haddock catch, only Area 2 is open and it is subject to a lower catch 
limit until this action is implemented. Putting in place the adjusted 
initial sub-ACLs as soon as possible will provide the fleet with this 
opportunity to develop their business plans in sufficient time to 
facilitate their harvest of available catch. Accordingly, any delay in 
the rule's effectiveness would be contrary to the conservation 
objectives of the MSA and the FMP.
    This action is required by 50 CFR part 648 subpart K and is exempt 
from review under Executive Order 12866.
    This final rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

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

    Dated: March 2, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-05250 Filed 3-8-16; 8:45 am]
 BILLING CODE 3510-22-P