[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16078-16084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210323-0063; RTID 0648-XA803]


Revisions to Framework Adjustment 59 to the Northeast 
Multispecies Fishery Management Plan and Sector Annual Catch 
Entitlements; Correction

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

ACTION: Final rule; adjustment to specifications; correction.

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SUMMARY: This final rule distributes sector allocation carried over 
from fishing year 2019 into fishing year 2020 and corrects minor errors 
published in the final rule approving and implementing Framework 
Adjustment 59 to the Northeast Multispecies Fishery Management Plan. 
This action is necessary to correct errors published in the final rule 
and to allocate carryover quota to sectors. The carryover adjustments 
are routine and formulaic, and industry expects them each year.

DATES: Effective March 25, 2021, through April 30, 2021.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, (978) 281-9232.

SUPPLEMENTARY INFORMATION: On July 30, 2020, we published a final rule 
approving Framework Adjustment 59 to the Northeast Multispecies Fishery 
Management Plan (FMP) (85 FR 45794; July 30, 2020), which set 2020-2022 
annual catch limits (ACL) for four groundfish stocks, and 2020 ACLs for 
three shared U.S./Canada stocks. That action became effective on July 
28, 2020. This rule corrects minor errors published in the Framework 
Adjustment 59 final rule and distributes unused sector quota carried 
over from fishing year 2019.

Corrections to Framework Adjustment 59

    Tables 12 through 14 published in the Framework Adjustment 59 final 
rule announced the Percent Sector Contribution (PSC) and initial Annual 
Catch Entitlements (ACE) allocated to individual sectors based on the 
approved catch limits for fishing year 2020. These tables erroneously 
labeled the values for the Maine Permit Bank (MPB) as if they were the 
values for the Mooncusser sector, and vice versa. These sectors have 
had their correct allocations for the duration of fishing year 2020; 
the typographical error in Framework 59 and this rule correcting it 
have no effect on the operations of these sectors in any way. The 
corrected information appears in tables 1 through 3 below.

 Table 1--Corrected Fishing Year 2020 Percent Sector Contribution and Annual Catch Entitlement for the Maine Permit Bank and Mooncusser Sectors, Tables
                                                        12 Through 14 in Framework Adjustment 59
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               Sector name                                    Maine Permit Bank                                          Mooncusser
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                                                                     11                                                      40
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                MRI count                   Percent sector    ACE (in 1,000      ACE (in metric     Percent sector    ACE (in 1,000     ACE (in metric
                                             contribution          lb)               tons)           contribution          lb)               tons)
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GB Cod...................................        0.13361103                1                   0        11.87404994               49                  22
GB Cod East..............................               N/A                3                   1                N/A              231                 105
GOM Cod..................................        1.15503867                7                   3         3.36592802               20                   9
GB Haddock...............................        0.04432773               16                   7         3.72602983            1,331                 604
GB Haddock East..........................               N/A              103                  47                N/A            8,680               3,937
GOM Haddock..............................        1.12455699              299                 136         3.03406286              807                 366
GB Yellowtail Flounder...................        0.01377701                0                   0         0.38302570                1                   0
SNE/MA Yellowtail Flounder...............        0.03180705                0                   0         0.32527727                0                   0
CC/GOM Yellowtail Flounder...............        0.31794656                5                   2         2.58549375               39                  18
Plaice...................................        1.16407583               75                  34         0.76474219               50                  22

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Witch Flounder...........................        0.72688452               21                  10         1.71821481               50                  23
GB Winter Flounder.......................        0.00021715                0                   0         0.89399263               10                   5
GOM Winter Flounder......................        0.42662327                3                   1         2.48392191               16                   7
SNE/MA Winter Flounder...................        0.01789120                0                   0         2.26957436               27                  12
Redfish..................................        0.82190532              204                  92         2.65202110              657                 298
White Hake...............................        1.65422882               74                  33         5.80626985              258                 117
Pollock..................................        1.69505501              896                 407         5.44388052            2,879               1,306
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Sector Carryover Allocations From Fishing Year 2019

    Carryover regulations at 50 CFR 648.87(b)(1)(i)(C) allow each 
groundfish sector to carry over an amount of unused ACE equal to 10 
percent of the sector's original ACE for each stock (except for Georges 
Bank (GB) yellowtail flounder) that is unused at the end of the fishing 
year into the following fishing year. However, we are authorized to 
adjust ACE carryover to ensure that the total unused ACE combined with 
the overall sub-ACL does not exceed the Acceptable Biological Catch 
(ABC) for the fishing year in which the carryover may be harvested. We 
have completed 2019 fishing year data reconciliation with sectors and 
determined final 2019 fishing year sector catch and the amount of 
allocation that sectors may carry over from the 2019 to the 2020 
fishing year. A sector may carry over up to 10 percent of unused ACE 
for each stock, with a few exceptions. The amount of unused ACE may 
have been reduced so as not to exceed the ABC. Accordingly, unused ACE 
from fishing year 2019 available to carry over to 2020 was reduced for 
the following stocks: GB cod, Gulf of Maine (GOM) cod, Southern New 
England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape Cod/GOM 
yellowtail flounder; GB winter flounder; GOM winter flounder; SNE/MA 
winter flounder; redfish; white hake; and pollock. For GB haddock, GOM 
haddock, and American plaice, NMFS published an emergency action on 
December 31, 2020 (85 FR 86849) which authorized us to increase the 
maximum amount of carryover for those stocks above 10 percent of unused 
ACE from fishing year 2019 to an amount not to exceed the ABC. Complete 
details on carryover reduction percentages can be found at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting. Table 2 includes the maximum amount of 
allocation that sectors may carry over from the 2019 to the 2020 
fishing year.
    Table 3 includes the de minimis amount of carryover for each sector 
for the 2020 fishing year. If the overall ACL for any allocated stock 
is exceeded for the 2020 fishing year, the allowed carryover harvested 
by a sector, minus the pounds in the sector's de minimis amount, will 
be counted against its allocation to determine whether an overage 
subject to an accountability measure occurred. Tables 4 and 5 list the 
final ACE available to sectors for the 2020 fishing year, including 
finalized carryover amounts for each sector, as adjusted down when 
necessary to equal each stock's ABC.

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Classification

    The NMFS Assistant Administrator has determined that this rule is 
consistent with the Northeast Multispecies FMP, other provisions of the 
Magnuson-Stevens Fishery Conservation and Management Act, and other 
applicable laws.
    This rule is exempt from the procedures of Executive Order 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 minor 
corrections 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)(1) and (3), so that this 
final rule may become effective in a timely manner and the fishery may 
maximize the economic benefits of the adjusted allocations to the 
fishery.
    Notice and comment and a 30-day delay in effectiveness would be 
impracticable, unnecessary, and contrary to the public interest. The 
distribution of unused quota carried over from the previous fishing 
year is an annual adjustment action that is expected by industry. These 
adjustments increase available catch. They are routine, formulaic, and 
authorized by regulation. Delaying these adjustments would result in a 
delay in the distribution of unused carryover to sectors, and could 
negate or reduce the intended economic benefits and increased 
operational flexibility of the rule. We only recently finalized 
carryover for 2020 based on data available in the late fall and an 
emergency action which published on December 31, 2020 (85 FR 86849). 
The adjustments in this rule are necessary to correct minor errors made 
in the Framework Adjustment 59 final rule. Correcting these errors is 
not subject to our discretion, so there would be no benefit to allowing 
time for notice and comment. Immediate implementation corrects 
information published in Framework Adjustment 59 and provides industry 
with the most accurate information. Delaying these adjustments could 
cause confusion to industry. The need for these corrections was 
discovered only recently, so quicker action on our part was not 
possible.
    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.SC. 601, et seq., do not apply to this 
rule.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: March 23, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-06295 Filed 3-25-21; 8:45 am]
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