[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10719-10720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05429]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 190220138-9138-01]
RIN 0648-XG833


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Adjustment of Georges Bank and Southern New 
England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits

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

ACTION: Temporary final rule; adjustment of annual catch limits.

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SUMMARY: This action transfers unused quota of Georges Bank and 
Southern New England/Mid-Atlantic yellowtail flounder from the Atlantic 
scallop fishery to the Northeast multispecies fishery for the remainder 
of the 2018 fishing year. This quota transfer is authorized when the 
scallop fishery is not expected to catch its entire allocations of 
yellowtail flounder. The quota transfer is intended to provide 
additional fishing opportunities for groundfish vessels to help achieve 
the optimum yield for these stocks while ensuring sufficient amounts of 
yellowtail flounder remain available for the scallop fishery.

DATES: Effective March 21, 2019, through April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management 
Specialist, (978) 281-9116.

SUPPLEMENTARY INFORMATION: NMFS is required to estimate the total 
amount of yellowtail flounder catch from the scallop fishery by January 
15 each year. If the scallop fishery is expected to catch less than 90 
percent of its Georges Bank (GB) or Southern New England/Mid-Atlantic 
(SNE/MA) yellowtail flounder sub-annual catch limit (ACL), the Regional 
Administrator (RA) has the authority to reduce the scallop fishery sub-
ACL for these stocks to the amount projected to be caught, and increase 
the groundfish fishery sub-ACL by the same amount. This adjustment is 
intended to help achieve optimum yield for these stocks, while not 
threatening an overage of the ACLs for the stocks by the groundfish and 
scallop fisheries.
    Based on the most current available catch data, we project that the 
scallop fishery will have unused quota in the 2018 fishing year. Using 
the highest expected catch, the scallop fishery is projected to catch 
approximately 14 mt of GB yellowtail flounder, or 44 percent of its 
2018 fishing year sub-ACL, and approximately 3 mt of SNE/MA yellowtail 
flounder, or 80 percent of its 2018 fishing year sub-ACL. The analysis 
of the highest expected catch is based on the proportion of estimated 
yellowtail flounder catch occurring in February and March compared to 
catch in the remainder of the scallop fishing year. The highest 
proportion observed (in this case fishing year 2016) over the past six 
years is used to estimate the highest expected catch in fishing year 
2018.
    Because the scallop fishery is expected to catch less than 90 
percent of its allocation of GB and SNE/MA yellowtail flounder, this 
rule reduces the scallop sub-ACL for both stocks to the upper limit 
projected to be caught, and increases the groundfish sub-ACLs for these 
stocks by the same amount, effective March 21, 2019, through April 30, 
2019. Using the upper limit of expected yellowtail flounder catch by 
the scallop fishery is expected to minimize the risk of constraining 
scallop fishing or an ACL overage by the scallop fishery while still 
providing additional fishing opportunities for groundfish vessels.
    Table 1 summarizes the revisions to the 2018 fishing year sub-ACLs, 
and Table 2 shows the revised allocations for the groundfish fishery as 
allocated between the sectors and common pool based on final sector 
membership for fishing year 2018.

            Table 1--Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Sub-ACLs
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                                                   Initial sub-                    Revised sub-
             Stock                   Fishery         ACL (mt)       Change (mt)      ACL (mt)     Percent change
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GB Yellowtail Flounder........  Groundfish......           169.4          +18.53          187.93             +11
                                Scallop.........            33.1          -18.53           14.57             -56
SNE/MA Yellowtail Flounder....  Groundfish......            42.5           +0.78           43.28              +2
                                Scallop.........             4.0           -0.78            3.22             -19
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                              Table 2--Allocations for Sectors and the Common Pool
                                                   [In pounds]
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                                                      GB yellowtail flounder        SNE/MA yellowtail flounder
                   Sector name                   ---------------------------------------------------------------
                                                      Revised         Initial         Revised         Initial
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GB Cod Fixed Gear Sector........................           3,536           3,187             858             843
Maine Coast Community Sector....................           6,958           6,272           1,263           1,240
Maine Permit Bank...............................              57              51              30              30
Northeast Coastal Communities Sector............              23              21             205             201
Northeast Fishery Sector I......................               0               0               0               0
Northeast Fishery Sector II.....................           7,902           7,124           1,798           1,766
Northeast Fishery Sector III....................               9               9               1               1

[[Page 10720]]

 
Northeast Fishery Sector IV.....................           8,956           8,074           2,158           2,118
Northeast Fishery Sector V......................           5,287           4,767          20,109          19,740
Northeast Fishery Sector VI.....................          11,197          10,095           5,118           5,024
Northeast Fishery Sector VII....................         105,711          95,299           8,142           7,993
Northeast Fishery Sector VIII...................          56,731          51,144           7,513           7,376
Northeast Fishery Sector IX.....................             114             103               0               0
Northeast Fishery Sector X......................               5               4             523             513
Northeast Fishery Sector XI.....................               6               6              19              18
Northeast Fishery Sector XII....................               2               2              10              10
Northeast Fishery Sector XIII...................         142,936         128,858          20,064          19,696
New Hampshire Permit Bank.......................               0               0               0               0
Sustainable Harvest Sector 1....................           3,980           3,588              86              84
Sustainable Harvest Sector 2....................           9,258           8,346           2,100           2,061
Sustainable Harvest Sector 3....................          45,357          40,889           7,002           6,874
Common Pool.....................................           6,290           5,671          18,418          18,081
Sector Total....................................         408,024         367,839          76,998          75,588
Groundfish Total................................         414,315         373,510          95,416          93,669
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Classification

    The NMFS Assistant Administrator has determined that the management 
measures implemented in this final rule are necessary for the 
conservation and management of the Northeast multispecies fishery and 
consistent with the Magnuson-Stevens Act, and other applicable law.
    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries finds good cause pursuant 
to 5 U.S.C. 553(b)(B) and 553(d)(3) to waive prior notice and 
opportunity for public comment and the thirty day cooling off period, 
respectively. This rule relieves groundfish fishermen from more 
restrictive ACLs for yellowtail stocks and is intended to help the 
fishery achieve optimum yield. The earlier this rule is in place, the 
more time the groundfish fishermen will have to plan and fish for, and 
potentially catch, extra available quota. Delaying the effective date 
reduces the expected benefit and undermines the purpose of the rule to 
help the fishery achieve optimum yield.
    The authority to transfer available yellowtail catch from the 
scallop fishery to the groundfish fishery was designed to allow timely 
implementation before the end of the northeast multispecies fishing 
year on April 30, 2019 (see 50 CFR 648.90(a)(4)(iii)(C)). NMFS is 
required to project GB and SNE/MA yellowtail flounder catch in the 
scallop fishery by January 15 of each year so that projected unused 
quota may be transferred to the groundfish fishery. Data available for 
analysis this year were delayed, and we could not make our projection 
until well after January 15. As a result, providing additional time for 
prior public notice and comment or a 30-day cooling off period before 
transferring quota for these yellowtail flounder would likely prevent 
the rule from being in place before the end of the fishing year, or 
would mean that the rule would be in place too close to the end of the 
fishing year to be effective, and to confer a benefit to Groundfish 
fishermen. Such a delay would reduce or eliminate any potential benefit 
to the groundfish fishermen from receiving the additional allocation 
that is intended to offset the current negative economic effects of 
severe decreases in ACLs of several important groundfish stocks.
    Scallop fishermen are not expected to be adversely affected by this 
rule. Projected scallop catch for the balance of the year is designed 
to avoid constraining scallop catch by using the high-end estimate of 
yellowtail bycatch based on previous year's catch. Further, scallop 
fishermen are aware of this potential transfer at the beginning of the 
fishing year and have sufficient time to plan accordingly. It also does 
not require time for adjusting to any new compliance measures or other 
action on the part of the scallop or groundfish fishermen.

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

    Dated: March 18, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-05429 Filed 3-21-19; 8:45 am]
 BILLING CODE 3510-22-P