[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Rules and Regulations]
[Pages 60636-60647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21154]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160516426-6426-01]
RIN 0648-XE632


Revisions to Framework Adjustment 55 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 2016

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

ACTION: Final rule; adjustment to specifications.

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SUMMARY: We, NMFS, are adjusting the 2016 fishing year sub-annual catch 
limits for commercial groundfish vessels, including sector allocations 
based on the final Northeast multispecies sector rosters submitted as 
of May 1, 2016. The revisions to 2016 catch limits are necessary to 
account for changes in the number of participants electing to fish in 
either sectors or the common pool fishery. These adjustments are 
routine and formulaic, and are required to match allocations to sector 
enrollment.

DATES: Effective September 2, 2016, through April 30, 2017.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
(978) 281-9195.

SUPPLEMENTARY INFORMATION: We recently approved Framework Adjustment 
55, which set annual catch limits for groundfish stocks and three 
jointly managed U.S./Canada stocks for the 2016 fishing year. This 
action became effective on May 1, 2016 (81 FR 26412). Framework 55 
included allocations for the 19 sectors approved to operate in 2016 
based on enrollment as of March 15, 2016. 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-annual catch limit (sub-ACL). The groundfish allocations remaining 
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), which is referred to as the common pool sub-ACL.
    This rule adjusts the 2016 fishing year sector and common pool 
allocations based on final sector membership as of May 1, 2016. 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 final specifications are published and sector 
enrollment from an earlier date is used until final enrollment is 
known. Consistent with regulatory requirements, each year we 
subsequently publish an adjustment rule modifying sector and common 
pool allocations based on final sector enrollment. The Framework 55 
proposed and final rules both explained that sector enrollments may 
change and that there would be a need to adjust the sub-ACLs and sector 
ACEs accordingly.
    Adjustments to sector ACEs and the sub-ACLs for sectors and the 
common pool are typically minimal as there has been little change in 
sector enrollment since 2010. 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 837 permits enrolled in sectors on March 15, 2016. As 
of May 1, 2016, there were 841 Northeast multispecies permits enrolled 
in sectors, which means four additional permits elected to join sectors 
for the 2016 fishing year. Tables 1, 2, and 3 explain the revised 2016 
fishing year allocations. Table 4 compares the allocation changes 
between the Framework 55 final rule and this adjustment rule.
    This rulemaking also corrects transcription errors in the 2016-2018 
Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder ACLs 
published in the Framework 55 final rule. Specifically, there were 
errors in the total groundfish fishery sub-ACL, the sector and common 
pool sub-ACLs, and the scallop fishery sub-ACL. Table 5 presents both 
the incorrect values presented in the Framework 55 final rule, as well 
as the corrected values. Although the values were listed incorrectly in 
the Framework 55 final rule, the total fishery ACLs for SNE/MA 
yellowtail flounder (255 mt) were listed correctly for all three years. 
In addition, the Environmental Assessment and supporting analysis for 
Framework 55 included the correct values. These adjustments are minor, 
and will not affect fishery operations.

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                                 Table 5--Corrected Fishing Year 2016-2016 SNE/MA Yellowtail Flounder Catch Limits (mt)
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                                                                       2016                            2017                            2018
                                                         -----------------------------------------------------------------------------------------------
                                                           Framework 55                    Framework 55                    Framework 55
                                                          final rule sub- Corrected sub-  final rule sub- Corrected sub-  final rule sub- Corrected sub-
                                                                ACL             ACL             ACL             ACL             ACL             ACL
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total groundfish fishery................................             182             189             187             187             179             186
Sector..................................................             145             150             145             149             142             148
Common Pool.............................................              37              39              37              39              37              38
Scallop Fishery.........................................              39              32              39              34              38              37
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have completed 2015 fishing year data reconciliation with 
sectors and determined final 2015 fishing year sector catch and the 
amount of allocation that sectors may carry over from the 2015 to the 
2016 fishing year. With the exception of Georges Bank yellowtail 
flounder, a sector may carry over up to 10 percent of unused ACE for 
each stock from the end of 2015 to 2016. Table 6 includes the maximum 
amount of allocation that sectors may carry over from the 2015 to the 
2016 fishing year. Because the amount of unused ACE combined with the 
overall sector sub-ACL may not exceed the acceptable biological catch 
(ABC) for each stock, the unused ACE is adjusted down when necessary to 
ensure the combined carryover of unused ACE and the sector sub-ACL do 
not exceed each stock's ABC.
    Table 7 includes the de minimis amount of carryover for each sector 
for the 2016 fishing year. If the overall ACL for any allocated stock 
is exceeded for the 2016 fishing year, the allowed carryover harvested 
by a sector, minus the pounds the sector's de minimis amount, will be 
counted against its allocation to determine whether an overage subject 
to an accountability measure occurred. Tables 8 and 9 list the final 
ACE available to sectors for the 2016 fishing year, including finalized 
carryover amounts for each sector, as adjusted down when necessary to 
equal each stocks ABC.

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    Common pool enrollment also changed after March 15, 2016, and also 
requires adjustments to applicable catch limits. The common pool sub-
ACL for each stock (except for SNE/MA winter flounder, windowpane 
flounder, ocean

[[Page 60646]]

pout, Atlantic wolffish, and Atlantic halibut) is divided into 
trimester total allowable catches (Trimester TACs). In addition, 
Framework 55 specified incidental catch limits (or incidental total 
allowable catches, ``Incidental TACs'') applicable to the common pool 
and groundfish Special Management Programs for the 2016 fishing year, 
including the B day-at-sea (DAS) Program. Because the Trimester and 
incidental TACs are based on the common-pool allocation, they also must 
be revised to match current common pool enrollment allocation. Final 
common pool trimester quotas and incidental catch limits are included 
in Tables 10-14 below.
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      Table 11--Fishing Year 2016 Common Pool Incidental Catch TACs
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                                           Percentage of
                  Stock                     common pool     Incidental
                                              sub-ACL     catch TAC (mt)
------------------------------------------------------------------------
GB cod..................................               2           0.229
GOM cod.................................               1            0.09
GB yellowtail flounder..................               2           0.062
CC/GOM yellowtail flounder..............               1            0.14
American Plaice.........................               5            1.00
Witch Flounder..........................               5            0.39
SNE/MA winter flounder..................               1            0.62
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         Table 12--Distribution of Common Pool Incidental Catch TACs to Each Special Management Program
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                                                     Closed area I hook                         Southern closed
            Stock                 Regular B DAS       gear Haddock SAP     Eastern U.S./CA      area II Haddock
                                   program (%)              (%)            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 13--Fishing Year 2016 Common Pool Incidental Catch TACs for Each Special Management Program (mt)
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                                         Regular B DAS    Closed area I hook gear    Eastern U.S./Canada Haddock
                 Stock                      program             Haddock SAP                      SAP
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GB cod................................            0.11  0.04.......................  0.08.
GOM cod...............................            0.09  NA.........................  NA.
GB yellowtail flounder................            0.03  NA.........................  0.04.
CC/GOM yellowtail flounder............            0.14  NA.........................  NA.
American Plaice.......................            1.00  NA.........................  NA.
Witch Flounder........................            0.39  NA.........................  NA.
SNE/MA winter flounder................            0.62  NA.........................  NA.
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       Table 14--Fishing Year 2016 Common Pool Regular B DAS Program Quarterly Incidental Catch TACs (mt)
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                                                    1st quarter     2nd quarter     3rd quarter     4th quarter
                      Stock                            (13%)           (29%)           (29%)           (29%)
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GB cod..........................................            0.01            0.03            0.03            0.03
GOM cod.........................................            0.01            0.03            0.03            0.03
GB yellowtail flounder..........................           0.004           0.009           0.009           0.009
CC/GOM yellowtail flounder......................            0.02            0.04            0.04            0.04
American Plaice.................................            0.13            0.29            0.29            0.29
Witch Flounder..................................            0.05            0.11            0.11            0.11
SNE/MA winter flounder..........................            0.08            0.18            0.18            0.18
----------------------------------------------------------------------------------------------------------------

Classification

    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 action is exempt from the procedures of E.O. 12866 because 
this action contains no implementing regulations.
    Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive 
prior public notice and opportunity for public comment on the catch 
limit and allocation adjustments because allowing time for notice and 
comment is impracticable, 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 Framework 55 explained the need and 
likelihood for adjustments of sector and common pool allocations based 
on final sector rosters. These adjustments are routine and formulaic, 
required by regulation, and necessary to match allocations to sector 
enrollment. No comments were received on the potential for these 
adjustments, which provide an accurate accounting of a sector's or 
common pool's allocation. Furthermore, we have followed a similar 
process since Amendment 16 was implemented in 2010; this annual 
adjustment action is anticipated by industry. 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. Data regarding final sector enrollment only became 
available after rosters were finalized in May 2016. In addition, 
reconciliation of final 2015 fishing year sector catch was completed in 
August 2016. This information allows us to determine the amount of 
allocation that sectors may carry over from the 2015 to the 2016 
fishing year, and it was not practicable to finalize this information 
sooner. 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 confusion and 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 Framework 55. Adjustments for overages are also explained in 
detail in the Amendment 16 proposed and final rules. As a result, 
Northeast 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.
    Also, because advanced notice and the opportunity for public 
comment are not required for this action 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 new final regulatory flexibility analysis is 
required and none has been prepared.

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

    Dated: August 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-21154 Filed 9-1-16; 8:45 am]
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