[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2551-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00575]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230109-0004; RTID 0648-XC472]


Revisions to Framework Adjustment 63 to the Northeast 
Multispecies Fishery Management Plan and Sector Annual Catch 
Entitlements

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

ACTION: Final rule; adjustment to specifications.

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SUMMARY: This final rule announces carryover allocation from fishing 
year 2021 into fishing year 2022 for the Northeast Multispecies sectors 
program. This action is necessary to distribute carryover quota to 
sectors. The carryover adjustments in this rule are routine and 
formulaic, and industry expects them each year.

DATES: Effective January 13, 2023, through April 30, 2023.

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

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SUPPLEMENTARY INFORMATION: On July 15, 2022, we published a final rule 
approving Framework Adjustment 63 to the Northeast Multispecies Fishery 
Management Plan (FMP) (87 FR 42375), which set or adjusted annual catch 
limits (ACL) for 5 of the 20 groundfish stocks, and 2022 ACLs for three 
shared U.S./Canada stocks. This rule distributes unused sector quota 
carried over from fishing year 2021 to fishing year 2022.

Sector Carryover Allocations From Fishing Year 2021

    Carryover regulations at 50 CFR 648.87(b)(1)(i)(C) allow each 
groundfish sector to carry over an amount of unused annual catch 
entitlement (ACE) up 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. 
We are required 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 2021 fishing year data reconciliation 
with sectors and determined final 2021 fishing year sector catch and 
the amount of allocation that sectors may carry over from the 2021 to 
the 2022 fishing year. Accordingly, unused ACE from fishing year 2021 
available to carry over to fishing year 2022 has been reduced for the 
following stocks: GB cod; GB haddock; Gulf of Maine (GOM) haddock; 
Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape 
Cod/GOM yellowtail flounder; American plaice, witch flounder; GB winter 
flounder; GOM winter flounder; SNE/MA winter flounder; redfish; white 
hake; and pollock. The only stock for which carryover was a full 10 
percent of the original quota allocation from fishing year 2021 was GOM 
cod. Complete details on carryover reduction percentages can be found 
at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
    Table 1 includes the maximum amount of allocation that sectors may 
carry over from the 2021 to the 2022 fishing year. Table 2 includes the 
de minimis amount of carryover for each sector for the 2022 fishing 
year. If the overall ACL for any allocated stock is exceeded for the 
2022 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 3 and 4 list the final ACE 
available to sectors for the 2022 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

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), which provides 
specific authority for implementing this action. Section 305(d) 
authorizes NMFS to take action to carry out provisions in FMPs and of 
the MSA. In a previous action taken pursuant to section 304(b), NMFS 
approved the Council designed provisions in the FMP to authorize NMFS 
to annually adjust and distribute sector carryover consistent with MSA 
requirements to prevent overfishing and achieve optimum yield. See 
Sec.  648.87(b)(1)(i)(C). The NMFS Assistant Administrator has 
determined that this final rule is consistent with the Northeast 
Multispecies FMP, other provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable laws.
    This final rule is exempt from review under 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 
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, and sector vessels will be able 
to fish for this additional catch as soon as this action is in effect, 
which will provide increased operational flexibility and ability to 
catch its available allocation. They are routine, formulaic, and 
authorized by regulation. The public had prior notice and opportunity 
to participate in the development of and comment on the regulations 
implementing this process and expects this adjustment each year. 
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 provided by 
these adjustments. Carryover from 2021 was only recently finalized 
because it is based on data that was not available until the late fall 
upon the conclusion of the catch accounting process for fishing year 
2021.
    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 final regulatory flexibility analysis is required 
and none has been prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: January 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-00575 Filed 1-13-23; 8:45 am]
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