[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Rules and Regulations]
[Pages 1036-1037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00187]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230810-0190; RTID 0648-BL95]


Temporary Rule To Extend Gulf of Maine Haddock Emergency Action 
for the Northeast Multispecies Fishery Management Plan

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

ACTION: Temporary rule; emergency action.

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SUMMARY: This temporary rule implements an extension of the Gulf of 
Maine haddock emergency action for the Northeast multispecies fishery 
through the remainder of the 2023 fishing year. The emergency action 
extension is necessary to minimize the potential economic consequences 
associated with a substantial reduction in the Gulf of Maine haddock 
annual catch limit compared to recent years for a stock that remains at 
a very high level of biomass, while still preventing overfishing.

DATES: Effective January 9, 2024, through April 30, 2024.

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Policy 
Analyst, (978) 281-9255.

SUPPLEMENTARY INFORMATION: At the New England Fishery Management 
Council's request, NMFS took emergency action to increase the Gulf of 
Maine (GOM) haddock acceptable biological catch (ABC). NMFS increased 
the ABC to 100 percent of the fishing mortality associated with the 
maximum sustainable yield (FMSY) (2,515 metric tons (mt)) 
for fishing year 2023. The emergency measures were included in the 
final rule for Framework Adjustment 65 to the Northeast Multispecies 
Fishery Management Plan (FMP) (88 FR 56527; August 18, 2023).
    The Council took final action on Framework 65 at its December 2022 
meeting. Framework 65 set fishing year 2023 specifications for 16 
groundfish stocks, including GOM haddock. The ABC for GOM haddock 
included in Framework 65 for fishing year 2023 was 1,936 mt. This ABC 
represented an 83-percent reduction from the fishing year 2022 ABC. The 
recommendation was based on the results of the 2022 management track 
assessment for the stock and a 75-percent FMSY, which is 
consistent with the Council's ABC control rule for stocks that are not 
in a rebuilding plan.
    Following the December 2022 Council meeting, members of the fishing 
industry started reporting an unanticipated increase in interactions 
with GOM haddock and raising concerns that the fishery may either meet 
or exceed its allocation of GOM haddock mid-fishing year due to the low 
quota, which could result in the closure of the GOM broad stock area to 
the commercial groundfish fleet or forgoing other fishing opportunities 
in the GOM in an effort to avoid haddock, both of which would have 
severely negative impacts for the fishery.
    At its April meeting, in response to fishing industry concerns, the 
Council voted to request that NMFS implement an emergency action to set 
the GOM haddock ABC for fishing year 2023 at 90 percent of 
FMSY, or 2,281 mt, rather than the ABC that was recommended 
in Framework 65 (1,936 mt, based on 75-percent of FMSY). On 
May 2, 2023, the Council sent a letter requesting the emergency action. 
NMFS reviewed the request and determined that this situation met the 
criteria specified for emergency rulemaking (62 FR 44421; August 21, 
1997). NMFS based this decision on the robust status of the stock, 
which is estimated to be at 270 percent of its biomass target, recent 
survey trends indicating that the stock may have experienced another 
episodic positive recruitment event in 2020, and the temporary nature 
of the emergency action and any potential extension. NMFS determined 
that the GOM haddock ABC could be set as high as 100 percent of 
FMSY (2,515 mt) for fishing year 2023 to minimize economic 
harm to industry to the extent practicable, while still preventing 
overfishing. The emergency action implementing the increased fishing 
year 2023 GOM haddock ABC published on August 18, 2023.
    The emergency measures will expire on February 14, 2024, under the 
Magnuson-Stevens Fishery Conservation and Management Act's initial 180-
day limit on the duration of an emergency action. The Magnuson-Stevens 
Act allows an extension of emergency actions for up to 186 days 
provided that the public had an opportunity to comment on the emergency 
action and, for Council-recommended actions, the Council is actively 
preparing measures to address the emergency. The Council has developed 
measures to address on an ongoing basis the underlying conditions for 
the emergency action, and the public had an opportunity to comment on 
the emergency action as noted below.
    At its December 2023 meeting, the Council took final action on 
Framework 66 to the groundfish FMP, which intends to set specifications 
for the 2024 fishing year. Recognizing the increased interactions with 
a robust GOM haddock stock and the steep reductions from the 2022 
fishing year limits, the GOM haddock ABC included in Framework 66 is 
based on 90 percent of FMSY (2,406 mt). The fishing year 
2024 GOM haddock ABC under Framework 65 is 2,038 mt.
    Extending the August 18, 2023, emergency action prevents the GOM 
haddock ABC from reverting to 75-percent of FMSY (1,936 mt) 
when the emergency action expires. The underlying emergency conditions 
have not changed. Fishing vessel owners and operators have relied on 
the emergency action and have changed their fishing behavior in 
anticipation of the emergency action's continuation through the end of 
the fishing year. Specifically, fishing vessel operators have avoided 
GOM haddock and focused on other available stocks in order to conserve 
GOM haddock allocation for the upcoming spring season. While shifts in 
GOM haddock interactions are difficult to predict, in both timing and 
magnitude, this is consistent with increases in fishing effort and GOM 
haddock catch in past springs. Allowing the emergency action to expire 
and the ABC to revert to the lower amount approved in Framework 65 mid-
year could prevent the fishery from realizing the benefits of increased 
fishing opportunities for which this action was promulgated. Therefore, 
we are extending the emergency measures through the end of the 2023 
fishing year (April 30, 2024), consistent with the Council's emergency 
action request and our analysis for fishing year 2023. For the same 
reasons noted in the August 18, 2023, emergency rule, NMFS has 
determined that extending the emergency action to maintain the GOM 
haddock ABC associated with 100-percent of FMSY meets the 
criteria for emergency action.

Comments and Responses

    NMFS received two comments in response to the emergency action.

[[Page 1037]]

Neither comment was relevant to this action.

Classification

    The NMFS Assistant Administrator has determined that this rule is 
necessary to respond to an emergency situation and is consistent with 
the national standards and other provisions of the Magnuson-Stevens Act 
and other applicable laws.
    The NMFS Assistant Administrator finds good cause under 5 U.S.C. 
553(b)(B) that it is contrary to the public interest and impracticable 
to provide prior notice and opportunity for the public to comment. As 
more fully explained above, the reasons justifying promulgation of this 
action on an emergency basis, coupled with the fact that the public has 
had the opportunity to comment on NMFS' emergency action that this is 
extending, make solicitation of public comment unnecessary, 
impractical, and contrary to the public interest. In the interest of 
receiving public input on this action, the Supplemental Environmental 
Assessment analyzing this emergency action was made available to the 
public and the original emergency action solicited public comment.
    For these same reasons stated above, pursuant to 5 U.S.C. 
553(d)(3), NMFS finds good cause to waive the full 30-day delay in 
effectiveness for this action. This action extends the emergency 
measures currently in place through the remainder of the 2023 fishing 
year (April 30, 2024). A 30-day delay in effectiveness would be 
contrary to the public interest because the GOM haddock ABC would 
temporarily revert to the amount approved in Framework 65, which may 
disrupt the fishery and lead to confusion for the fishing industry. 
Because of this, there is good cause to waive the requirement for 
delayed effectiveness.
    This action is being taken pursuant to the emergency provision of 
the Magnuson-Stevens Act and is exempt from review by the Office of 
Management and Budget.
    Because notice and opportunity for comment are not required 
pursuant to 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. Therefore, a regulatory flexibility analysis is not 
required and none has been prepared.

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

    Dated: January 3, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-00187 Filed 1-8-24; 8:45 am]
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