Revisions to Framework Adjustment 45 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 2011, 34903-34910 [2011-14853]
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
(d) * * *
(1) * * *
(vii) Black sea bass—5.
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*
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■ 6. In § 622.44, paragraph (c)(5) is
revised and paragraphs (c)(6) and (c)(7)
are added to read as follows:
§ 622.44
Commercial trip limits.
*
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(c) * * *
(5) Greater amberjack. Until the quota
specified in § 622.42(e)(3) is reached—
1,200 lb (544 kg). See § 622.43(a)(5) for
limitations regarding greater amberjack
after the quota is reached.
(6) Vermilion snapper. Until either
quota specified in § 622.42(e)(4)(i) or (ii)
is reached—1,500 lb (680 kg). See
§ 622.43(a)(5) for the limitations
regarding vermilion snapper after either
quota is reached.
(7) Gag. Until the quota specified in
§ 622.42(e)(7) is reached—1,000 lb (454
kg). See § 622.43(a)(5) for the limitations
regarding gag after the quota is reached.
*
*
*
*
*
[FR Doc. 2011–14850 Filed 6–14–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100923469–1298–03]
RIN 0648–BA27
Revisions to Framework Adjustment
45 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
2011
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment to specifications.
AGENCY:
Based on the final
multispecies sector rosters submitted as
of May 1, 2011, NMFS announces
adjustments to the Northeast (NE)
multispecies fishing year (FY) 2011
specification of annual catch limits
(ACLs) for common pool vessels
(common pool sub-ACLs), ACLs for
sector vessels (sector sub-ACLs), and
sector Annual Catch Entitlements
(ACEs) for groundfish stocks managed
under the NE Multispecies Fishery
Management Plan (FMP). This revision
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SUMMARY:
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to FY 2011 catch levels is necessary to
account for changes to the number of
participants electing to fish in either
sectors or the common pool fishery in
FY 2011.
DATES: Effective June 14, 2011, through
April 30, 2012.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, (978) 281–9182.
SUPPLEMENTARY INFORMATION: Pursuant
to the Magnuson-Stevens Fishery
Conservation and Management Act and
Amendment 16 to the FMP (75 FR
18262; April 9, 2010), Framework
Adjustment (FW) 44 to the FMP, which
was published in the Federal Register
on April 9, 2010 (75 FR 18356),
specified catch levels for 20 NE
groundfish stocks for FY 2010–2012. In
addition, FW 45 (April 25, 2011; 76 FR
23042) modified the 2011 ACLs for five
stocks (Georges Bank (GB) haddock, GB
cod, GB yellowtail flounder, white hake,
and pollock). FW 45 also specified catch
levels for various components of the
groundfish fishery, including sub-ACLs
for the common pool and sectors. These
sub-ACLs were based on the catch
history of the vessels enrolled in sectors,
as of December 1, 2010.
On April 25, 2011, NMFS published
an interim final rule approving FY 2011
sector operations plans and allocating
ACE to sectors for FY 2011 (76 FR
23076; ‘‘sector rule’’). The sector rule
included FY 2011 sector sub-ACL
information also reflected in FW 45,
where the sum of the ACEs for each
sector equals the sector sub-ACL. Unlike
FW 45, though, the sector ACEs in the
sector rule were derived from February
1, 2011, sector rosters. To provide
increased flexibility to the fishing
industry, vessels initially enrolled in
sectors for FY 2011 were allowed to
drop out and join the common pool
fishery through April 30, 2011.
Additional flexibility was also provided
to allow NE multispecies permitted
vessels purchased after the sector
enrollment deadline of December 1,
2010, to enroll in a sector up through
April 30, 2011. Because the sector ACEs,
as well as the sector sub-ACLs (sum of
ACEs for all sectors) and the common
pool sub-ACL (groundfish sub-ACL
minus sector sub-ACL), are based upon
the specific membership of sectors, any
changes in membership since FW 45
and the sector rule were implemented
requires that NMFS revise the sector
ACEs and sub-ACLs for the common
pool and sectors. This rule adjusts the
FY 2011 sector ACEs and sub-ACLs for
the common pool and sectors based on
the members of each sector roster as of
May 1, 2011 (‘‘final sector rosters’’).
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34903
The preamble of the final rule
implementing FW 45 informed the
public that ‘‘NMFS intends to publish a
rule in early May 2011 to modify these
[common pool and sector] sub-ACLs
and notify the public if these numbers
change.’’ Through this temporary final
rule, NMFS is revising FY 2011 ACEs
for all approved sectors and for FY 2011
sub-ACLs for common pool and sector
vessels, based on the final sector rosters.
The final number of vessels electing to
fish in sectors for FY 2011 is 829
(reduced by 7 vessels since the February
2011, rosters). All ACE and sub-ACL
values for sectors assume that each NE
multispecies vessel enrolled in a sector
has a valid permit for FY 2011.
Additionally, this rule implements a
revised definition of ‘‘unmarketable
fish’’ for the purposes of a sector
exemption first introduced in the
interim final rule approving FY 2011
sector operations plans. NMFS
requested comments on this definition
(76 FR 23076), as well as comments on
the final sector rosters. However, NMFS
received no comments to the notice of
final sector rosters, or to the definition
of ‘‘unmarketable’’ fish, as included in
the interim final rule. Therefore, the
definition will remain as stated in the
interim final rule.
Tables 1, 2, and 3 (below) explain the
allocation of the FY 2011 ACE for each
sector and stock, as a percentage and
absolute amount (in metric tons and
pounds), based on the final sector
rosters. The regulations provide sectors
two weeks following the completion of
catch data reconciliation by NMFS to
trade FY 2010 ACE in order to account
for any overharvesting during that
period. After the completion of two
week trading window, accountability
measures, specifically the reduction in
FY 2011 ACE for sectors that exceeded
their FY 2010 ACE, will be
implemented. In addition, sectors that
did not harvest their entire ACE of any
particular stock are allowed to carry
over up to 10 percent of their initial
allocation to the next year. To
discourage overfishing of the NE
groundfish species, current regulations
also require NMFS to reserve 20 percent
of each sector’s FY 2011 ACE until FY
2010 landings data are reconciled. Once
the reconciliation of FY 2010 sector
catch is complete, the remaining 20
percent of ACE withheld from sectors
will be allocated, and any sector that
still exceeded its FY 2010 after
reconciliation will have its share of the
withheld ACE reduced accordingly.
NMFS will publish a follow-up rule
detailing any FY 2011 sector ACE
reductions resulting from FY 2010 ACE
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overages, or FY 2011 ACE increases
from FY 2010 ACE carryover.
Table 4 compares the preliminary FY
2011 sub-ACLs for common pool and
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sector vessels published in the final rule
implementing FW 45, with the current
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revised sub-ACLs based on the final
sector rosters as of May 1, 2011.
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Changes in the sub-ACLs for stocks in
sectors range from a decrease of 1.22
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percent of SNE/MA yellowtail flounder,
to an increase of 0.73 percent of GOM
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winter flounder. Adjustments of the
sub-ACLs for stocks in the common pool
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
range between a 37.93 percent decrease
in GOM haddock, to a 46.51 percent
increase in GB haddock. The changes in
the common-pool ACLs are greater
because the common-pool has a
significantly lower sub-ACL for all
stocks, so even small changes appear
large when viewed as a percent increase
or decrease. There is also a large
increase in both the common pool and
sector sub-ACLs for GB yellowtail
flounder because of a change in the
U.S./Canada resource sharing agreement
the amount of catch of stocks of concern
that can be caught under such programs.
Since these incidental catch TACs are
also based on the sub-ACLs for the
common pool, they have changed based
on the revised sub-ACLs. The incidental
catch TACs for most stocks were based
upon the Council’s FW 44
Environmental Assessment (EA), while
the incidental catch TACs for GB
haddock, GB cod, GB yellowtail
flounder, white hake, and pollock were
based upon the Council’s FW 45 EA.
from the International Fisheries
Agreement Clarification Act (2011) that
dramatically increased the U.S. TAC of
GB yellowtail flounder.
FW 45 specifies incidental catch
TACs applicable to the NE multispecies
Special Management Programs for FY
2011–2012, based on the ACLs, the
FMP, and advice from the Council.
Incidental catch TACs are specified for
certain stocks of concern for common
pool vessels fishing in the Special
Management Programs, in order to limit
TABLE 5—INCIDENTAL CATCH TACS BY STOCK FOR FY 2011 (MT)
Final rule 2011
incidental catch
TAC
Percentage of
sub-ACL
Stock
GB cod ...................................................................................................................
GOM cod ...............................................................................................................
GB yellowtail flounder ............................................................................................
CC/GOM yellowtail flounder ..................................................................................
SNE/MA yellowtail flounder ...................................................................................
American plaice .....................................................................................................
Witch flounder ........................................................................................................
SNE/MA winter flounder ........................................................................................
GB winter flounder .................................................................................................
White hake .............................................................................................................
2
1
2
1
1
5
5
1
2
2
Revised 2011
incidental catch
TAC
2
1.3
0.3
0.3
1.1
3.9
1.2
7.3
0.3
0.7
1.86
1.04
0.4
0.27
1.2
3.5
1.25
7.3
0.28
0.56
TABLE 6—INCIDENTAL CATCH TACS FOR SPECIAL MANAGEMENT PROGRAMS BY STOCK FOR FY 2011 (MT)
Regular B DAS program
Stock
Final rule
2011
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GB cod ...........................................................
GOM cod ........................................................
GB yellowtail flounder ....................................
CC/GOM yellowtail flounder ..........................
SNE/MA yellowtail flounder ...........................
American plaice .............................................
Witch flounder ................................................
SNE/MA winter flounder ................................
GB winter flounder .........................................
White hake .....................................................
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
NE Multispecies FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Orders 12866.
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment, as well as the delayed
effectiveness for this action, because
notice, comment, and a delayed
effectiveness would be impractical and
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Revised
2011
1.0
1.3
0.15
0.30
1.1
3.9
1.2
7.3
0.1
0.7
0.93
1.04
0.2
0.27
1.2
3.5
1.25
7.3
0.14
0.56
Closed area I hook gear
haddock SAP
Final rule
2011
Revised
2011
Final rule
2011
Revised
2011
0.3
......................
......................
......................
......................
......................
......................
......................
......................
......................
0.3
......................
......................
......................
......................
......................
......................
......................
......................
......................
.7
......................
.1
......................
......................
......................
......................
......................
.1
......................
0.63
........................
0.2
........................
........................
........................
........................
........................
0.14
........................
contrary to the public interest. Vessel
owners that enroll in sectors could drop
out of sectors through April 30 (the day
before the beginning of the fishing year
and sector enrollment period), and
because NMFS allowed NE multispecies
permitted vessels purchased after the
sector enrollment deadline of December
1, 2010, to enroll in a sector until April
30, 2011, it is necessary to adjust sector
ACEs and ACLs for sectors and the
common pool to account for
membership changes. This action makes
those adjustments to the sector and
common pool ACEs and ACLs. NMFS
discussed and requested public
comments on the need to and procedure
for adjusting the sector and common
pool ACEs and ACLs in FW 45 and the
sector rule. The public offered no
PO 00000
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Eastern U.S./Canada
haddock SAP
comments on these matters, and this
rule simply implements the procedures
previously set forth to adjust the ACEs
and ACLs to account for changes in
sector membership. Therefore, it is
unnecessary at this point to provide a
third opportunity to the public to
comment on this adjustment. This issue
was discussed in both the FY 2011
sector and FW 45 proposed and final
rules.
Moreover, allowing public comment
on these rules is contrary to the public
interest. If the sector ACEs and subACLs are not adjusted immediately,
they will operate under incorrect
specifications until the adjustments are
implemented. The implications of
delaying the date on which the
specifications are corrected depends
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
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upon the size of the ACE and sub-ACL,
the size of the change in specification
relative to the ACE and sub-ACL, and
the rate of catch of the particular stock.
If, for example, a sector were currently
catching a particular stock for which
they have a small ACE at a high rate,
and that sector’s ACE for that stock is
adjusted downward in this rule, then a
significant fraction of that sector’s
ultimate FY 2011 ACE could be
harvested and the sector’s fishing season
shortened upon implementation of this
rule. In the worst case scenario,
excessive catch by sectors could lead to
a sector catching more than its ACE for
the applicable FY, and having to forego
any additional fishing this year. Thus,
delaying this rule’s effectiveness and
allowing for another round of public
comment could cause negative
economic impacts to the common pool
and to the sectors.
Additionally, any delays for an
additional public comment period or to
the effectiveness of the rule would
create uncertainty for the affected
entities that would have negative
economic implications, which are
contrary to the public interest. Until the
stock allocations are finally adjusted,
the affected fishing entities will not
know how many fish of a particular
stock they can catch without going over
their ultimate limits. Fishermen may
make both short- and long-term business
decisions based on the ACLs in a given
sector or the common pool; thus, it is
important to implement adjusted ACEs
and sub-ACLs as soon as possible. Any
delays in adjusting the ACLs and ACEs
may cause the affected fishing entities to
curtail, or speed up, their fishing
activities during the interim period
before the rule’s effectiveness. Both of
these reactions could negatively affect
the fishery and the businesses and
communities that depend on them; the
former by delaying profits and
potentially reducing harvests, the latter
by increasing the potential for exceeding
the ultimate fishing limits. Thus, a delay
in this rule’s effectiveness creates
uncertainty in the fishing market that is
contrary to the public’s interest.
For these reasons, NMFS is waiving
the public comment period and delay in
effectiveness for this rule, pursuant to 5
U.S.C. 553(c) and (d).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 9, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–14853 Filed 6–14–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100804324–1295–03]
RIN 0648–BA01
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule.
AGENCY:
NMFS issues this interim
final rule to revise the sablefish
cumulative limits for the limited entry
fixed gear primary fishery for the
remainder of the 2011 groundfish
fishery. This action is necessary to allow
the limited entry fixed gear fishery to
achieve their fishery harvest guideline,
while keeping total impacts of all
fisheries within the 2011 sablefish
annual catch limit (ACL).
DATES: Effective June 10, 2011.
Comments must be received no later
than July 15, 2011.
ADDRESSES: Background information
and documents, including the
environmental impact statement (EIS)
for this action, are available from
William W. Stelle, Jr., Regional
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070; or by phone at
206–526–6150. Electronic copies of this
final rule are also available at the NMFS
Northwest Region Web site: https://
www.nwr.noaa.gov.
You may submit comments, identified
by 0648–BA01, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736, Attn: Sarah
Williams.
• Mail: 7600 Sand Point Way NE,
Seattle, WA 98115.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
SUMMARY:
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protected information. NMFS will
accept anonymous comments
(enter N/A in the required fields, if you
wish to remain anonymous). You may
submit attachments to electronic
comments in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Gretchen A. Hanshew, 206–526–6147;
(fax) 206–526–6736;
Gretchen.Hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
On May 11, 2011, NMFS published a
final rule to establish the 2011–2012
harvest specifications for most of the
species in the groundfish fishery and
management measures for that fishery
off the coasts of Washington, Oregon,
and California (76 FR 27508). That rule,
in part, established the 2011 sablefish
annual catch limit (ACL) for the area
north of 36° N. lat. From the sablefish
ACL, NMFS calculated the allocations,
fishery harvest guidelines, and the
sablefish cumulative limits for the
limited entry fixed gear primary
sablefish fishery. These values are
specified in Federal regulations at 50
CFR 660, Subparts C, D and E. Sablefish
cumulative limits for the limited entry
fixed gear fishery are specified at 50
CFR 660.231(b)(3)(i), subpart E.
On May 18, 2011, NMFS was notified
by the Executive Director of the Pacific
Fishery Management Council (Council)
that there was a mistake in the
calculation of the 2011 and 2012
sablefish cumulative limits during the
development of the 2011–2012 biennial
specifications and management
measures. The sablefish primary fishery
cumulative limits contained in the
November 3, 2010 proposed rule (75 FR
67810), and ultimately implemented
through the May 11, 2011 final rule (76
FR 27508) are incorrect. Public
comments were accepted during the
development of the 2011–2012
groundfish harvest specifications and
management measures, and no public
comments were received regarding the
cumulative limits in the primary
sablefish fishery. The error subsequently
identified in the Executive Director’s
letter overcompensated for discard
mortality, and so the pool of fish that is
used to calculate the sablefish primary
fishery cumulative limits was too low;
therefore, the cumulative limits were
also too low. The Executive Director
requested that NMFS correct the
sablefish cumulative limits for the
limited entry fixed gear primary fishery
as quickly as possible because the 2011
primary fishery season opened on April
1 and some vessels are actively fishing
on their cumulative limits.
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]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34903-34910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14853]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100923469-1298-03]
RIN 0648-BA27
Revisions to Framework Adjustment 45 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 2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; adjustment to specifications.
-----------------------------------------------------------------------
SUMMARY: Based on the final multispecies sector rosters submitted as of
May 1, 2011, NMFS announces adjustments to the Northeast (NE)
multispecies fishing year (FY) 2011 specification of annual catch
limits (ACLs) for common pool vessels (common pool sub-ACLs), ACLs for
sector vessels (sector sub-ACLs), and sector Annual Catch Entitlements
(ACEs) for groundfish stocks managed under the NE Multispecies Fishery
Management Plan (FMP). This revision to FY 2011 catch levels is
necessary to account for changes to the number of participants electing
to fish in either sectors or the common pool fishery in FY 2011.
DATES: Effective June 14, 2011, through April 30, 2012.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, (978) 281-9182.
SUPPLEMENTARY INFORMATION: Pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act and Amendment 16 to the FMP (75 FR
18262; April 9, 2010), Framework Adjustment (FW) 44 to the FMP, which
was published in the Federal Register on April 9, 2010 (75 FR 18356),
specified catch levels for 20 NE groundfish stocks for FY 2010-2012. In
addition, FW 45 (April 25, 2011; 76 FR 23042) modified the 2011 ACLs
for five stocks (Georges Bank (GB) haddock, GB cod, GB yellowtail
flounder, white hake, and pollock). FW 45 also specified catch levels
for various components of the groundfish fishery, including sub-ACLs
for the common pool and sectors. These sub-ACLs were based on the catch
history of the vessels enrolled in sectors, as of December 1, 2010.
On April 25, 2011, NMFS published an interim final rule approving
FY 2011 sector operations plans and allocating ACE to sectors for FY
2011 (76 FR 23076; ``sector rule''). The sector rule included FY 2011
sector sub-ACL information also reflected in FW 45, where the sum of
the ACEs for each sector equals the sector sub-ACL. Unlike FW 45,
though, the sector ACEs in the sector rule were derived from February
1, 2011, sector rosters. To provide increased flexibility to the
fishing industry, vessels initially enrolled in sectors for FY 2011
were allowed to drop out and join the common pool fishery through April
30, 2011. Additional flexibility was also provided to allow NE
multispecies permitted vessels purchased after the sector enrollment
deadline of December 1, 2010, to enroll in a sector up through April
30, 2011. Because the sector ACEs, as well as the sector sub-ACLs (sum
of ACEs for all sectors) and the common pool sub-ACL (groundfish sub-
ACL minus sector sub-ACL), are based upon the specific membership of
sectors, any changes in membership since FW 45 and the sector rule were
implemented requires that NMFS revise the sector ACEs and sub-ACLs for
the common pool and sectors. This rule adjusts the FY 2011 sector ACEs
and sub-ACLs for the common pool and sectors based on the members of
each sector roster as of May 1, 2011 (``final sector rosters'').
The preamble of the final rule implementing FW 45 informed the
public that ``NMFS intends to publish a rule in early May 2011 to
modify these [common pool and sector] sub-ACLs and notify the public if
these numbers change.'' Through this temporary final rule, NMFS is
revising FY 2011 ACEs for all approved sectors and for FY 2011 sub-ACLs
for common pool and sector vessels, based on the final sector rosters.
The final number of vessels electing to fish in sectors for FY 2011 is
829 (reduced by 7 vessels since the February 2011, rosters). All ACE
and sub-ACL values for sectors assume that each NE multispecies vessel
enrolled in a sector has a valid permit for FY 2011.
Additionally, this rule implements a revised definition of
``unmarketable fish'' for the purposes of a sector exemption first
introduced in the interim final rule approving FY 2011 sector
operations plans. NMFS requested comments on this definition (76 FR
23076), as well as comments on the final sector rosters. However, NMFS
received no comments to the notice of final sector rosters, or to the
definition of ``unmarketable'' fish, as included in the interim final
rule. Therefore, the definition will remain as stated in the interim
final rule.
Tables 1, 2, and 3 (below) explain the allocation of the FY 2011
ACE for each sector and stock, as a percentage and absolute amount (in
metric tons and pounds), based on the final sector rosters. The
regulations provide sectors two weeks following the completion of catch
data reconciliation by NMFS to trade FY 2010 ACE in order to account
for any overharvesting during that period. After the completion of two
week trading window, accountability measures, specifically the
reduction in FY 2011 ACE for sectors that exceeded their FY 2010 ACE,
will be implemented. In addition, sectors that did not harvest their
entire ACE of any particular stock are allowed to carry over up to 10
percent of their initial allocation to the next year. To discourage
overfishing of the NE groundfish species, current regulations also
require NMFS to reserve 20 percent of each sector's FY 2011 ACE until
FY 2010 landings data are reconciled. Once the reconciliation of FY
2010 sector catch is complete, the remaining 20 percent of ACE withheld
from sectors will be allocated, and any sector that still exceeded its
FY 2010 after reconciliation will have its share of the withheld ACE
reduced accordingly. NMFS will publish a follow-up rule detailing any
FY 2011 sector ACE reductions resulting from FY 2010 ACE
[[Page 34904]]
overages, or FY 2011 ACE increases from FY 2010 ACE carryover.
Table 4 compares the preliminary FY 2011 sub-ACLs for common pool
and sector vessels published in the final rule implementing FW 45, with
the current revised sub-ACLs based on the final sector rosters as of
May 1, 2011.
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Changes in the sub-ACLs for stocks in sectors range from a decrease
of 1.22 percent of SNE/MA yellowtail flounder, to an increase of 0.73
percent of GOM winter flounder. Adjustments of the sub-ACLs for stocks
in the common pool
[[Page 34909]]
range between a 37.93 percent decrease in GOM haddock, to a 46.51
percent increase in GB haddock. The changes in the common-pool ACLs are
greater because the common-pool has a significantly lower sub-ACL for
all stocks, so even small changes appear large when viewed as a percent
increase or decrease. There is also a large increase in both the common
pool and sector sub-ACLs for GB yellowtail flounder because of a change
in the U.S./Canada resource sharing agreement from the International
Fisheries Agreement Clarification Act (2011) that dramatically
increased the U.S. TAC of GB yellowtail flounder.
FW 45 specifies incidental catch TACs applicable to the NE
multispecies Special Management Programs for FY 2011-2012, based on the
ACLs, the FMP, and advice from the Council. Incidental catch TACs are
specified for certain stocks of concern for common pool vessels fishing
in the Special Management Programs, in order to limit the amount of
catch of stocks of concern that can be caught under such programs.
Since these incidental catch TACs are also based on the sub-ACLs for
the common pool, they have changed based on the revised sub-ACLs. The
incidental catch TACs for most stocks were based upon the Council's FW
44 Environmental Assessment (EA), while the incidental catch TACs for
GB haddock, GB cod, GB yellowtail flounder, white hake, and pollock
were based upon the Council's FW 45 EA.
Table 5--Incidental Catch TACs by Stock for FY 2011 (mt)
----------------------------------------------------------------------------------------------------------------
Final rule 2011 Revised 2011
Stock Percentage of incidental catch incidental catch
sub-ACL TAC TAC
----------------------------------------------------------------------------------------------------------------
GB cod............................................... 2 2 1.86
GOM cod.............................................. 1 1.3 1.04
GB yellowtail flounder............................... 2 0.3 0.4
CC/GOM yellowtail flounder........................... 1 0.3 0.27
SNE/MA yellowtail flounder........................... 1 1.1 1.2
American plaice...................................... 5 3.9 3.5
Witch flounder....................................... 5 1.2 1.25
SNE/MA winter flounder............................... 1 7.3 7.3
GB winter flounder................................... 2 0.3 0.28
White hake........................................... 2 0.7 0.56
----------------------------------------------------------------------------------------------------------------
Table 6--Incidental Catch TACs for Special Management Programs by Stock for FY 2011 (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS program Closed area I hook gear Eastern U.S./Canada
------------------------------ haddock SAP haddock SAP
Stock --------------------------------------------------------
Final rule Revised 2011 Final rule Revised Final rule
2011 2011 2011 2011 Revised 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod........................................................... 1.0 0.93 0.3 0.3 .7 0.63
GOM cod.......................................................... 1.3 1.04 ............ ............ ............ .............
GB yellowtail flounder........................................... 0.15 0.2 ............ ............ .1 0.2
CC/GOM yellowtail flounder....................................... 0.30 0.27 ............ ............ ............ .............
SNE/MA yellowtail flounder....................................... 1.1 1.2 ............ ............ ............ .............
American plaice.................................................. 3.9 3.5 ............ ............ ............ .............
Witch flounder................................................... 1.2 1.25 ............ ............ ............ .............
SNE/MA winter flounder........................................... 7.3 7.3 ............ ............ ............ .............
GB winter flounder............................................... 0.1 0.14 ............ ............ .1 0.14
White hake....................................................... 0.7 0.56 ............ ............ ............ .............
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Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the NE Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Orders 12866.
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), there is good cause to
waive prior notice and opportunity for public comment, as well as the
delayed effectiveness for this action, because notice, comment, and a
delayed effectiveness would be impractical and contrary to the public
interest. Vessel owners that enroll in sectors could drop out of
sectors through April 30 (the day before the beginning of the fishing
year and sector enrollment period), and because NMFS allowed NE
multispecies permitted vessels purchased after the sector enrollment
deadline of December 1, 2010, to enroll in a sector until April 30,
2011, it is necessary to adjust sector ACEs and ACLs for sectors and
the common pool to account for membership changes. This action makes
those adjustments to the sector and common pool ACEs and ACLs. NMFS
discussed and requested public comments on the need to and procedure
for adjusting the sector and common pool ACEs and ACLs in FW 45 and the
sector rule. The public offered no comments on these matters, and this
rule simply implements the procedures previously set forth to adjust
the ACEs and ACLs to account for changes in sector membership.
Therefore, it is unnecessary at this point to provide a third
opportunity to the public to comment on this adjustment. This issue was
discussed in both the FY 2011 sector and FW 45 proposed and final
rules.
Moreover, allowing public comment on these rules is contrary to the
public interest. If the sector ACEs and sub-ACLs are not adjusted
immediately, they will operate under incorrect specifications until the
adjustments are implemented. The implications of delaying the date on
which the specifications are corrected depends
[[Page 34910]]
upon the size of the ACE and sub-ACL, the size of the change in
specification relative to the ACE and sub-ACL, and the rate of catch of
the particular stock. If, for example, a sector were currently catching
a particular stock for which they have a small ACE at a high rate, and
that sector's ACE for that stock is adjusted downward in this rule,
then a significant fraction of that sector's ultimate FY 2011 ACE could
be harvested and the sector's fishing season shortened upon
implementation of this rule. In the worst case scenario, excessive
catch by sectors could lead to a sector catching more than its ACE for
the applicable FY, and having to forego any additional fishing this
year. Thus, delaying this rule's effectiveness and allowing for another
round of public comment could cause negative economic impacts to the
common pool and to the sectors.
Additionally, any delays for an additional public comment period or
to the effectiveness of the rule would create uncertainty for the
affected entities that would have negative economic implications, which
are contrary to the public interest. Until the stock allocations are
finally adjusted, the affected fishing entities will not know how many
fish of a particular stock they can catch without going over their
ultimate limits. Fishermen may make both short- and long-term business
decisions based on the ACLs in a given sector or the common pool; thus,
it is important to implement adjusted ACEs and sub-ACLs as soon as
possible. Any delays in adjusting the ACLs and ACEs may cause the
affected fishing entities to curtail, or speed up, their fishing
activities during the interim period before the rule's effectiveness.
Both of these reactions could negatively affect the fishery and the
businesses and communities that depend on them; the former by delaying
profits and potentially reducing harvests, the latter by increasing the
potential for exceeding the ultimate fishing limits. Thus, a delay in
this rule's effectiveness creates uncertainty in the fishing market
that is contrary to the public's interest.
For these reasons, NMFS is waiving the public comment period and
delay in effectiveness for this rule, pursuant to 5 U.S.C. 553(c) and
(d).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 9, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-14853 Filed 6-14-11; 8:45 am]
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