[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Rules and Regulations]
[Pages 4595-4601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00652]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200110-0007; RTID 0648-XX008]
Revisions to Framework Adjustment 58 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 2019; 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 corrects minor errors published in our rule
approving and implementing Framework Adjustment 58 to the Northeast
Multispecies Fishery Management Plan and distributes sector allocation
carried over from fishing year 2018 into fishing year 2019 as
authorized by the sector regulations. 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 January 24, 2020, through April 30, 2020.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281-9255.
SUPPLEMENTARY INFORMATION: We recently published a final rule approving
Framework Adjustment 58 to the Northeast Multispecies Fishery
Management Plan (FMP), which set 2019-2020 annual catch limits (ACL)
for four groundfish stocks, and 2019 ACLs for three shared U.S./Canada
stocks. That action became effective on July 18, 2019 (84 FR 34799;
July 19, 2019). This rule corrects minor errors published in the
Framework Adjustment 58 final rule and distributes unused sector quota
carried over from fishing year 2018.
Corrections to Framework Adjustment 58
Correction to Fishing Year 2020 Georges Bank Yellowtail Flounder
Acceptable Biological Catch in Table 2
Table 2 published fishing year 2019 and 2020 overfishing limits and
acceptable biological catch (ABC) for 20 groundfish stocks. The fishing
year 2020 ABC published in the table for Georges Bank (GB) yellowtail
flounder was incorrect. The ABC published in Framework Adjustment 58
was 168 mt, but the ABC approved by the Scientific and Statistical
Committee was 162 mt. This error was the result of a typographical
error in the Environmental Assessment that was repeated in the
rulemaking. It did not affect the ACL or sub-ACL. The corrected
information appears in the table below.
Table 1--Corrected Fishing Years 2019-2020 Overfishing Limits and Acceptable Biological Catches for GB Yellowtail Flounder (mt, live weight), Table 2 in
Framework Adjustment 58
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2019 2020
Stock ----------------------------------------------- Percent change ----------------------------------------------
OFL U.S. ABC from 2018 OFL U.S. ABC
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GB Yellowtail Flounder................... UNK......................... 106 -50 UNK......................... 162
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Correction to Fishing Year 2019 Gulf of Maine Cod Annual Catch Limits
in Table 3
In fishing year 2017, Gulf of Maine (GOM) cod catch exceeded the
total ACL and ABC due to excess catch by the recreational fishery,
state waters sub-component, and the other sub-component. Accountability
measures described in the regulations require sectors and the common
pool to pay back their share of the overage for the unallocated fishery
components (state waters and other sub-components) pound-for-pound. The
application of this accountability measure resulted in reductions of
28.8 mt to the sector sub-ACL and 0.4 mt to the common pool sub-ACL for
fishing year 2019.
Framework Adjustment 58 announced this reduction and published
revised 2019 allocations that accounted for the overage. According to
regulation, the overage should be applied to the sector and common pool
sub-ACLs only; the total ACL and commercial groundfish sub-ACL should
not be reduced. The GOM cod total ACL and commercial groundfish sub-ACL
published in Framework Adjustment 58 were incorrectly reduced to
reflect the overage. The table below displays the incorrect GOM cod ACL
and commercial groundfish sub-ACL originally published in Table 3 in
Framework Adjustment 58, as well as the corrected values. This
correction is administrative only, does not change the amount of quota
available to sectors or the common pool, and ensures the published
catch limits are consistent with the Framework 58 Environmental
Assessment.
Table 2--Corrected GOM Cod Catch Limits for 2019 Fishing Year (mt, live weight), Table 3 in Framework Adjustment 58
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Final State
Groundfish Final common Recreational Midwater Scallop Small- waters Other
Stock Total ACL sub-ACL sector pool sub- sub-ACL trawl fishery mesh sub- sub-
sub-ACL ACL fishery fisheries component component
A to H A + B + C A B C D E F G H
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Framework 58 GOM Cod.............. 637 581 350 11 220 .......... ......... ......... 47 9
[[Page 4596]]
Corrected GOM Cod................. 666 610 350 11 220 .......... ......... ......... 47 9
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Correction to Formatting in Table 8
The final rule for Framework Adjustment 58 included Table 8, which
provided the incidental catch total allowable catches (TACs) for each
special management program for fishing years 2019 and 2020. The
published rule included a formatting error that made Table 8 difficult
to interpret. This rule republishes Table 8 in the correct format.
Table 3--Fishing Years 2019-2020 Incidental TACs for Each Special Management Program (mt, live weight), Table 8 in Framework Adjustment 58
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Regular B DAS program Closed area I hook gear Eastern U.S./Canada haddock
-------------------------------- haddock SAP SAP
Stock ---------------------------------------------------------------
2019 2020 2019 2020 2019 2020
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GB Cod.................................................. 0.54 0.67 0.17 0.22 0.37 0.46
GOM Cod................................................. 0.11 0.11
GB Yellowtail Flounder.................................. 0.02 0.04 .............. .............. 0.02 0.04
CC/GOM Yellowtail Flounder.............................. 0.21 0.21
American Plaice......................................... 1.57 1.46
Witch Flounder.......................................... 1.15 1.15
SNE/MA Winter Flounder.................................. 0.74 0.74
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Correction to Terminal Year of Witch Flounder Rebuilding Plan
Framework Adjustment 58 included new or revised rebuilding plans
for several stocks, including witch flounder. The New England Fishery
Management Council approved, and Framework Adjustment 58 implemented, a
23-year rebuilding plan for witch flounder. The final rule stated that
the plan's official start date would be January 1, 2020, with a target
to rebuild by calendar year (CY) 2043. A stock on a 23-year rebuilding
plan that begins in CY 2020 would be expected to rebuild by the end of
CY 2042, not CY 2043. This rule corrects the terminal year for the
witch flounder rebuilding plan to CY 2042.
Sector Carryover Allocations From Fishing Year 2018
Sector regulations at 50 CFR 648.87(c) authorize us to adjust
annual catch entitlement (ACE) carryover to ensure that the total
unused ACE combined with the overall sub-ACL does not exceed the ABC
for the fishing year in which the carryover may be harvested. We have
completed 2018 fishing year data reconciliation with sectors and
determined final 2018 fishing year sector catch and the amount of
allocation that sectors may carry over from the 2018 to the 2019
fishing year. A sector may carry over up to 10 percent of unused ACE
for each stock, except in instances where the amount of unused ACE was
reduced so as not to exceed the ABC. Accordingly, unused ACE from
fishing year 2018 available to carry over to 2019 was reduced for the
following stocks: GB cod, GB haddock; GOM haddock; Southern New
England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape Cod/GOM
yellowtail flounder; American plaice; GB winter flounder; GOM winter
flounder; SNE/MA winter flounder; redfish; white hake; and pollock.
Complete details on carryover reduction percentages can be found at:
https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting. Table 4 includes the maximum amount of
allocation that sectors may carry over from the 2018 to the 2019
fishing year.
Table 5 includes the de minimis amount of carryover for each sector
for the 2019 fishing year. If the overall ACL for any allocated stock
is exceeded for the 2019 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 6 and 7 list the
final ACE available to sectors for the 2019 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 has been determined to be not significant for the
purposes of 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 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 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
adjustments in this rule are necessary to correct minor errors made in
the Framework Adjustment 58 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 58 and provides industry
with the most accurate information. Delaying these adjustments could
cause confusion to industry. The distribution of unused quota carried
over from the previous fishing year is an annual adjustment action that
is expected by industry and causes no economic harm. Some of 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 of the rule.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 13, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-00652 Filed 1-24-20; 8:45 am]
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