Revisions to Framework Adjustment 50 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 2013, 34928-34934 [2013-13866]
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34928
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
provisions in § 15.35 for limiting peak
emissions apply.
[FR Doc. 2013–13696 Filed 6–10–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130219149–3524–03]
RIN 0648–BC97
Revisions to Framework Adjustment
50 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
2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment to specifications.
AGENCY:
SUMMARY: Based on the final Northeast
(NE) multispecies sector rosters
submitted as of May 1, 2013, we are
adjusting the fishing year (FY) 2013
specification of annual catch limits for
commercial groundfish vessels, as well
as sector annual catch entitlements for
groundfish stocks. This revision to
fishing year 2013 catch levels is
necessary to account for changes in the
number of participants electing to fish
in either sectors or the common pool
fishery.
Effective June 10, 2013, through
April 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Policy Analyst,
(978) 281–9122.
SUPPLEMENTARY INFORMATION: The New
England Fishery Management Council
(Council) developed Amendment 16 to
the NE Multispecies Fishery
Management Plan (FMP), in part, to
establish a process for setting
groundfish annual catch limits (also
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referred to as ACLs or catch limits) and
accountability measures. The Council
has a biennial review process to develop
catch limits and revise management
measures. Framework Adjustment (FW)
50 and concurrent emergency actions
set annual catch limits for nine
groundfish stocks and three jointly
managed U.S./Canada stocks for FY
2013–2015. We recently partially
approved FW 50, which became
effective on May 1, 2013 (78 FR 26172;
May 3, 2013). In addition to the
specification set by FW 50, we took
emergency action to set the catch limits
for Georges Bank (GB) yellowtail
flounder and white hake. For more
information on these emergency actions,
please see the preamble to FW 50.
Along with FW 50 and the concurrent
emergency rule, we recently approved
FY 2013 sector operations plans and
allocations (78 FR 25591; May 2, 2013;
‘‘sector rule’’). A sector receives an
allocation of each stock, or annual catch
entitlement (referred to as ACE, or
allocation), based on its members’ catch
histories. State-operated permit banks
also receive an allocation that can be
transferred to qualifying sector vessels
(for more information, see the final rule
implementing Amendment 17 (77 FR
16942; March 23, 2012)). The sum of all
sector and state-operated permit bank
allocations is referred to as the sector
sub-ACL in the FMP. Whatever
groundfish allocation remains after
sectors and state-operated permit banks
receive their allocations is then
allocated to vessels not enrolled in a
sector (referred to as the common pool).
This allocation is also referred to as the
common pool sub-ACL.
Changes in sector membership require
ACL and ACE adjustments. This rule
adjusts the FY 2013 sector and common
pool allocations based on final sector
membership as of May 1, 2013.
Permitted vessels that wish to fish in a
sector must enroll by December 1 of
each year, with the fishing year
beginning the following May 1 and
lasting through April 30 of the next
year. However, due to a delay in
distributing each vessel’s potential
contribution to a sector’s quota for FY
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Fmt 4700
Sfmt 4700
2013, we delayed the deadline to join a
sector until March 29, 2013. Because
this deadline followed the publication
of the FW 50 and sector proposed rules,
FY 2012 membership was used to
estimate sector ACEs for FY 2013. In
addition, vessels had until April 30,
2013 (the day before the beginning of FY
2013) to drop out of a sector and fish in
the common pool. If the sector
allocation increases as a result of sector
membership changes, the common pool
allocation decreases—the opposite is
true as well. Because sector membership
has changed since FY 2012, which was
used in the FW 50 and sector rules, we
need to update the allocations to all
sectors and to the common pool.
The final number of permits enrolled
in a sector or state-operated permit bank
for FY 2013 is 851 (the same number of
permits enrolled in FY 2012 and a
decrease of 3 permits from March 29,
2013). All sector allocations assume that
each NE multispecies vessel enrolled in
a sector has a valid permit for FY 2013.
Tables 1, 2, and 3 (below) explain the
revised FY 2013 allocations as a
percentage and absolute amount (in
metric tons and pounds).
Table 4 compares the preliminary
allocations based on FY 2012
membership published in the FW 50
proposed and final rules, with the
revised allocations based on the final
sector and state-operated permit bank
rosters as of May 1, 2013. The table
shows that changes in sector allocations
due to updated rosters range from a
decrease of 0.32 percent of Gulf of
Maine (GOM) haddock, to an increase of
4.04 percent of Southern New England/
Mid-Atlantic (SNE/MA) yellowtail
flounder. Common pool allocation
adjustments range between a 16.17percent decrease in SNE/MA yellowtail
flounder, to a 59.09-percent increase in
GOM haddock. The changes in the
common-pool allocations are greater
because the common pool has a
significantly lower allocation for all
stocks, so even small changes appear
large when viewed as a percentage
increase or decrease.
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Sector
Name
(Defined
Below)
PO 00000
Number
of
Permits
GB
Cod
FGS
108
MCCS
46
GOM
Haddock
GB
Yellowtail
Flounder
SNEIMA
Yellowtail
Flounder
Cape Cod
(CC)/GOM
Yellowtail
Flounder
Plaice
Witch
Flounder
GB
Winter
Flounder
GOM
Winter
Flounder
SNEIMA
Winter
Flounder
GOMCod
GB
Haddock
27.71
2.43
5.76
1.84
0.01
0.30
2.75
0.91
2.10
0.03
3.73
1.65
2.74
5.68
7.38
0.21
4.59
0.04
2.55
0.00
0.66
1.05
7.56
5.06
0.01
1.96
0.19
2.50
4.40
3.80
Redfish
White
Hake
Pollock
Frm 00063
Fmt 4700
11
0.13
1.15
0.04
1.12
0.01
0.03
0.32
1.16
0.73
0.00
0.42
0.02
0.82
1.65
1.69
26
0.17
0.75
0.12
0.35
0.84
0.73
0.61
0.15
0.22
0.07
0.90
0.30
0.43
0.79
0.42
NEFS2
82
6.19
18.38
11.94
16.57
1.96
1.51
19.37
8.10
12.98
3.30
18.47
3.71
16.04
6.32
12.19
NEFS3
79
1.25
14.38
0.15
9.64
0.01
0.36
8.55
4.06
2.85
0.03
9.32
0.77
1.34
4.73
6.75
NEFS4
50
4.14
9.60
5.32
8.35
2.16
2.27
5.47
9.29
8.49
0.69
6.24
0.87
6.64
8.06
6.14
NEFS 5
31
0.79
0.0\
1.05
0.29
1.61
22.98
0.48
0.49
0.67
0.52
0.07
12.37
0.08
0.12
0.10
NEFS6
21
2.86
2.91
2.92
3.83
2.70
5.17
3.56
3.88
5.17
1.46
4.37
1.89
5.31
3.91
3.29
NEFS7
23
5.21
0.39
4.95
0.47
11.29
4.57
2.86
3.59
3.29
14.86
0.83
6.35
0.59
0.83
0.73
NEFS 8
20
6.15
0.49
5.67
0.21
10.90
5.84
6.40
1.65
2.54
14.63
3.35
10.08
0.54
0.50
0.60
E:\FR\FM\11JNR1.SGM
NEFS9
60
14.24
1.73
11.60
4.79
26.78
7.96
10.41
8.27
8.28
39.50
2.43
18.62
5.83
4.15
4.23
NEFS 10
44
0.73
5.26
0.25
2.54
0.02
0.55
12.82
1.78
2.43
0.01
26.97
0.75
0.55
0.91
1.39
NEFS 11
42
0.39
11.21
0.04
2.35
0.00
0.02
2.10
1.35
1.47
0.00
1.93
0.02
0.94
2.34
6.46
NEFS 12
11
0.02
2.42
0.00
0.86
0.00
0.00
0.48
0.75
0.61
0.00
0.32
0.00
1.06
2.50
2.96
NEFS 13
54
7.96
0.95
16.08
0.99
24.97
18.92
5.03
5.16
6.27
7.46
2.34
11.04
3.98
1.74
2.27
NH
4
0.00
1.14
0.00
0.03
0.00
0.00
0.02
0.03
0.0\
0.00
0.06
0.00
0.02
0.08
0.11
11JNR1
Sfmt 4725
Maine
NCCS
SHS 1
118
19.69
19.49
33.09
42.18
13.19
8.24
12.84
39.31
34.27
16.32
10.27
18.46
50.02
50.42
38.73
SHS3
Sectors
Total
21
0.44
0.52
0.64
0.18
2.33
3.13
2.08
0.75
0.82
0.49
2.31
1.67
0.19
0.15
0.06
99.30
851
98.27
97.80
99.68
99.15
98.80
83.23
97.20
98.25
98.25
99.37
96.30
88.77
99.60
99.29
-Georges Bank Cod Fixed Gear Sector (FGS), Maine Coast Community Sector (MCCS), Maine Permit Bank (Maine), Northeast Coastal Communities Sector (NCCS), , Northeast Fishery Sectors
(NEFS), New Hampshire Permit Bank (NH), and Sustainable Harvest Sector (SHS)
I All ACE values for sectors outlined in Table 1 assume that each sector permit is valid for FY 2013.
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
15:08 Jun 10, 2013
Table 1. FINAL PERCENTAGE (%) OF ACE FOR EACH SECTOR BY STOCK FOR FY 2013 1
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PO 00000
Sector Name
GB
Cod
East
GB
Cod
West
GOM
Cod
GB
Haddock
East
GB
Haddock
West
GOM
Haddock
GB
Yellowtail
Flounder
SNEIMA
Yellowtail
Flounder
CC/GOM
Yellowtail
Flounder
Plaice
Witch
Flounder
GB
Winter
Flounder
GOM
Winter
Flounder
SNEIMA
Winter
Flounder
FGS
25
475
20
216
1293
3
0
2
13
13
13
1
27
20
MCCS
0
4
38
1
9
5
0
4
Maine
0
2
10
2
10
2
0
0
5
107
31
0
14
2
17
4
0
3
!
Redfish
White
Hake
Pollock
277
219
951
2
253
169
490
0
83
64
218
Frm 00064
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NCCS
0
3
6
5
27
1
1
4
3
2
1
2
6
4
44
30
54
NEFS2
6
106
153
448
2679
31
2
9
93
115
79
116
132
45
1625
243
1572
NEFS3
1
22
119
5
33
18
0
2
41
58
17
1
67
9
136
182
870
NEFS4
4
71
80
200
1193
16
3
13
26
132
52
24
45
11
673
310
792
NEFS5
1
13
0
40
236
1
2
131
2
7
4
18
0
150
8
5
14
NEFS6
3
49
24
110
656
7
3
29
17
55
32
51
31
23
538
151
425
NEFS7
5
89
3
186
1112
1
13
26
14
51
20
524
6
77
59
32
94
Sfmt 4725
NEFS8
6
105
4
213
1273
0
13
33
31
23
16
516
24
122
54
19
77
NEFS9
13
244
14
436
2604
9
31
45
50
117
50
1394
17
225
591
160
545
E:\FR\FM\11JNR1.SGM
NEFS 10
1
12
44
9
56
5
0
3
61
25
15
0
193
9
56
35
180
NEFS 11
0
7
93
1
8
4
0
0
10
19
9
0
14
0
95
90
833
11JNR1
NEFS 12
0
0
20
0
1
2
0
0
2
11
4
0
2
0
107
96
382
NEFS 13
7
136
8
604
3609
2
29
108
24
73
38
263
17
134
403
67
293
NH
0
0
9
0
0
0
0
0
0
0
0
0
0
0
2
3
14
SHS 1
18
338
162
1242
7425
79
15
47
61
558
209
576
73
223
5068
1941
4994
SHS3
0
8
4
24
144
0
3
18
10
11
5
17
16
20
20
6
8
Sectors Total
90
1685
812
3742
22369
185
115
474
Common
Pool
2
18
12
2
1
30
73
96
rAil ACE values for sectors outlined in Table 2 assume that each sector permit is valid for FY 2013.
466
1395
599
3506
688
1074
10092
3822
12802
13
25
11
22
26
136
40
27
91
2Tbese values do not include any potential ACE carryover or deductions from FY 2012 sector ACE underages or overages. Adjustments for any carryover or deductions will be made in a future action
following reconciliation.
ER11JN13.004</GPH>
i
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
15:08 Jun 10, 2013
Table 2. FINAL ACE FOR EACH SECTOR BY STOCK FOR FY 2013 (mt)12
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GB
Cod
East
GB
Cod
West
GOM
Cod
GB
Haddock
East
GB
Haddock
West
GOM
Haddock
GB
Yellowtail
Flounder
SNEIMA
Yellowtail
Flounder
CC/GOM
Yellowtail
Flounder
FGS
56
1048
44
477
2852
8
0
4
MCCS
0
8
84
3
20
11
0
Maine
0
5
21
4
22
5
0
Sector Name
Plaice
Witch
Flounder
GB
Winter
Flounder
GOM
Winter
Flounder
SNEIMA
Winter
Flounder
Redfish
White
Hake
Pollock
29
28
28
2
59
44
612
482
2097
8
11
237
68
1
31
5
559
373
1080
0
3
36
10
0
7
0
184
140
480
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E:\FR\FM\11JNR1.SGM
NCCS
0
6
14
10
60
1
2
9
6
5
3
5
14
8
96
67
120
NEFS2
13
234
336
988
5905
68
5
19
205
254
175
257
291
99
3583
537
3465
NEFS3
3
47
263
12
72
40
0
4
90
127
38
2
147
21
299
401
1917
NEFS4
8
156
176
440
2630
34
6
29
58
291
114
54
98
23
1483
684
1746
NEFS5
2
30
0
87
521
1
4
289
5
15
9
40
1
330
17
10
30
NEFS6
6
108
53
242
1446
16
7
65
38
121
70
113
69
51
1186
332
936
NEFS7
11
197
7
410
2451
2
29
57
30
112
44
1155
13
169
131
70
206
NEFS8
12
232
9
469
2806
1
28
73
68
52
34
1138
53
269
120
43
170
NEFS9
29
538
32
960
5741
20
69
100
110
259
III
3073
38
497
1303
352
1202
NEFS 10
1
28
96
21
124
10
0
7
135
56
33
1
425
20
122
77
396
NEFS 11
1
15
205
3
18
10
0
0
22
42
20
0
30
0
209
199
1837
NEFS 12
0
I
44
0
I
4
0
0
5
23
8
0
5
0
237
212
842
646
NEFS 13
16
301
17
1331
7958
4
64
238
53
162
84
580
37
294
889
148
NH
0
0
21
0
0
0
0
0
0
1
0
0
1
0
4
7
32
SHS 1
40
745
357
2738
16370
174
34
104
136
1231
461
1269
162
493
11172
4279
11009
11JNR1
1
SHS 3
Sectors Total
Common
Pool
17
9
53
318
1
6
39
22
23
11
38
36
44
43
13
17
199
3716
1790
8249
49316
409
254
1046
1026
3076
1321
7729
1517
2368
22249
8425
28225
4
65
40
27
160
4
3
211
30
55
24
49
58
300
88
60
200
All ACE values for sectors outlined in Table 3 assume that each sector permit is valid for FY 2013.
2
These values do not include any potential ACE carryover or deductions from FY 2012 sector ACE underages or overages. Adjustments for any carryover or deductions will be made in a future action
following reconciliation.
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
15:08 Jun 10, 2013
Table 3. FINAL ACE FOR EACH SECTOR BY STOCK FOR FY 2013 (1,000 Ib)12
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finish reconciling differences in catch
accounting between our data and each
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It is important to point out that this
is only a temporary final rule. After we
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ER11JN13.006</GPH>
GOM
Cod
GB
Haddock
GOM
Haddock
GB
Yellowtail
Flounder
SNEIMA
Yellowtail
Flounder
CC/GOM
Yellowtail
Flounder
Plaice
Witch
Flounder
GB Winter
Flounder
GOM
Winter
Flounder
SNEIMA
Winter
Flounder
Redfish
White
Hake
Pollock
Total
Commercial
Allocation
Jkt 229001
GBCod
1807
830
26196
187
116.8
570
479
1420
610
3528
714.7
1210
10132
3949
12893
FY2013
Common
Pool
Allocation
based on
FY2012
sector
membership
30
16
72
I
1.3
114
12
24
9
20
24
142
41
31
83
Adjusted
FY2013
Common
Pool
Allocation
32
18
85
2
1
96
13
25
11
22
26
136
40
27
91
% Change
6.67%
14.24%
18.06%
59.09%
7.69%
-16.17%
11.69%
3.75%
18.44%
10.87%
10.04%
-4.27%
-2.11%
-
9.04%
1777
814
26124
186
115.4
456
467
1396
601
3508
690
1068
10091
3818
12810
1775
812
26111
185
115
474
466
1395
599
3506
688
1074
10092
3822
12802
-0.11 %
-0.28%
-0.05%
-0.32%
0.00%
4.04%
-0.30%
-0.06%
-0.28%
-0.06%
-0.25%
0.57%
0.01%
0.10%
-0.06%
FY2013
Sector
Allocation
based on
FY2012
sector
membership
Adjusted
FY2013
Sector
Allocation
% Change
I All values for sectors outlined in Table 4 assume that each sector permit is valid for FY 2013.
11.73%
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
15:08 Jun 10, 2013
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Table 4. COMPARISON OF ALLOCATIONS BETWEEN THE FW 50 FINAL RULE, AND MAY 1,2013, SECTOR ROSTERS (mt) I
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
sector manager’s data, each sector will
have 2 weeks to trade FY 2012 ACE to
account for any overharvesting during
that period. After that 2-week trading
window, a sector that still has exceeded
its FY 2012 allocation will have its FY
2013 allocation reduced, pursuant to
regulatory requirements. Because data
reconciliation and the 2-week trading
window take place after the new fishing
year has begun, we reserve 20 percent
of each sector’s FY 2013 allocation until
FY 2012 catch data are reconciled, with
the exception of SNE/MA winter
flounder, which was newly allocated for
FY 2013. This reserve is held to ensure
that each sector has sufficient ACE to
balance any overages from the previous
fishing year. For FY 2013, sectors are
also able to carry over up to 10 percent
of their initial allocation of all regulated
stocks to the next fishing year, with the
exception of GOM cod, which can be
carried over only up to 1.85 percent. We
will publish a final follow-up rule
detailing any carryover of FY 2012
sector allocation or reduction in FY
2013 allocation resulting from sectors
under or overharvesting their
allocations.
FW 50 also specifies incidental catch
limits (or incidental total allowable
catches, ‘‘TACs’’) applicable to the
common pool and NE multispecies
Special Management Programs for FY
2013–2015, including the B day-at-sea
(DAS) Program. Special Management
Programs are designed to allow fishing
for healthy stocks that can support
additional fishing effort without
undermining the other goals of the FMP.
Incidental catch limits are specified to
limit catch of certain stocks of concern
for common pool vessels fishing in the
Special Management Programs. Because
these incidental catch limits are based
on the changed common-pool
allocation, they also must be revised.
Final incidental catch limits are
included in Tables 5–8 below.
TABLE 5—FY 2013 COMMON POOL
INCIDENTAL CATCH TACS
Percentage
of common
pool subACL
Stock
GB cod ..............
GOM cod ..........
GB yellowtail
flounder .........
CC/GOM
yellowtail
flounder .........
American Plaice
Witch Flounder
SNE/MA winter
flounder .........
Incidental
catch TAC
(mt)
2
1
0.6
0.2
2
0.03
1
5
5
0.1
1.3
0.6
1
1.4
TABLE 6—DISTRIBUTION OF COMMON POOL INCIDENTAL CATCH TACS TO EACH SPECIAL MANAGEMENT PROGRAM
Regular B DAS
program
(percent)
Stock
GB cod .............................................................................................
GOM cod .........................................................................................
GB yellowtail flounder ......................................................................
CC/GOM yellowtail flounder ............................................................
American Plaice ...............................................................................
Witch Flounder .................................................................................
SNE/MA winter flounder ..................................................................
Closed Area I
hook gear
haddock SAP
50
100
50
100
100
100
100
Eastern U.S./CA
haddock SAP
(percent)
16
NA
NA
NA
NA
NA
NA
Southern closed
Area II haddock
SAP
34
NA
50
NA
NA
NA
NA
TABLE 7—FY 2013 COMMON POOL INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM (MT)
Regular B DAS
program
Stock
GB cod .......................................................................................................................
GOM cod ...................................................................................................................
GB yellowtail flounder ................................................................................................
CC/GOM yellowtail flounder ......................................................................................
American Plaice .........................................................................................................
Witch Flounder ...........................................................................................................
SNE/MA winter flounder ............................................................................................
Closed area I
hook gear
haddock SAP
0.3
0.2
0.01
0.1
1.2
0.5
1.4
Eastern U.S./
Canada haddock
SAP
0.1
n/a
n/a
n/a
n/a
n/a
n/a
0.2
n/a
0.01
n/a
n/a
n/a
n/a
TABLE 8—FY 2013 COMMON POOL REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS (MT)
wreier-aviles on DSK5TPTVN1PROD with RULES
1st Quarter
(13%)
GB cod .......................................................................................
GOM cod ...................................................................................
GB yellowtail flounder ................................................................
CC/GOM yellowtail flounder ......................................................
American Plaice .........................................................................
Witch Flounder ...........................................................................
SNE/MA winter flounder ............................................................
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
2nd Quarter
(29%)
0.04
0.02
0.002
0.02
0.16
0.07
0.18
0.09
0.05
0.004
0.04
0.36
0.15
0.39
that this final rule is consistent with the
NE Multispecies FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law.
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
3rd Quarter
(29%)
0.09
0.05
0.004
0.04
0.36
0.15
0.39
4th Quarter
(29%)
0.09
0.05
0.004
0.04
0.36
0.15
0.39
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we
find good cause to waive prior public
E:\FR\FM\11JNR1.SGM
11JNR1
34934
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
notice and opportunity for public
comment on the catch limit and
allocation adjustments because allowing
time for notice and comment is
impracticable 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)(3), so that
this final rule may become effective
upon filing.
Notice and comment are
impracticable and contrary to the public
interest because a delay would
potentially impair achievement of the
management plan’s objectives of
preventing overfishing and achieving
optimum yield by staying within ACLs
or allocations. The proposed and final
rules for FY 2013 sector operations
plans and contracts explained the need
and likelihood for adjustments of sector
and common pool allocations based on
final sector rosters. No comments were
received on the potential for these
adjustments, which provide an accurate
accounting of a sector’s or common
pool’s allocation at this time. If this rule
is not effective immediately, the sector
and common pool vessels will be
operating under incorrect information
on the catch limits for each stock for
sectors and the common pool. This
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
could cause negative economic impacts
to the both sectors and the common
pool, depending on the size of the
allocation, the degree of change in the
allocation, and the catch rate of a
particular stock. Further, these
adjustments are based purely on
objective sector enrollment data and are
not subject to NMFS’ discretion, so
there would be no benefit to allowing
time for prior notice and comment.
Waiving the 30-day delay in
effectiveness allows harvesting in a
manner that prevents catch limits of
species from being exceeded in fisheries
that are important to coastal
communities. Until the final stock
allocations are made, 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 catch limits in a given sector or the
common pool. Any delays in adjusting
these limits may cause the affected
fishing entities to slow down, or speed
up, their fishing activities during the
interim period before this rule becomes
effective. Both of these reactions could
negatively affect the fishery and the
businesses and communities that
PO 00000
Frm 00068
Fmt 4700
Sfmt 9990
depend on them. The fishing industry
and the communities it supports could
be affected by potentially reducing
harvests and delaying profits. Lastly, the
catch limit and allocation adjustments
are not controversial and the need for
them was clearly explained in the
proposed and final rules for FY 2013
sector operations plans and contracts.
As a result, the NE multispecies permit
holders are expecting these adjustments
and awaiting their implementation.
Therefore, it is important to implement
adjusted catch limits and allocations as
soon as possible. For these reasons, we
are waiving the public comment period
and delay in effectiveness for this rule,
pursuant to 5 U.S.C. 553(b)(3)(B) and
(d), respectively.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 5, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–13866 Filed 6–10–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34928-34934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13866]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130219149-3524-03]
RIN 0648-BC97
Revisions to Framework Adjustment 50 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 2013
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 Northeast (NE) multispecies sector rosters
submitted as of May 1, 2013, we are adjusting the fishing year (FY)
2013 specification of annual catch limits for commercial groundfish
vessels, as well as sector annual catch entitlements for groundfish
stocks. This revision to fishing year 2013 catch levels is necessary to
account for changes in the number of participants electing to fish in
either sectors or the common pool fishery.
DATES: Effective June 10, 2013, through April 30, 2014.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy
Analyst, (978) 281-9122.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
(Council) developed Amendment 16 to the NE Multispecies Fishery
Management Plan (FMP), in part, to establish a process for setting
groundfish annual catch limits (also referred to as ACLs or catch
limits) and accountability measures. The Council has a biennial review
process to develop catch limits and revise management measures.
Framework Adjustment (FW) 50 and concurrent emergency actions set
annual catch limits for nine groundfish stocks and three jointly
managed U.S./Canada stocks for FY 2013-2015. We recently partially
approved FW 50, which became effective on May 1, 2013 (78 FR 26172; May
3, 2013). In addition to the specification set by FW 50, we took
emergency action to set the catch limits for Georges Bank (GB)
yellowtail flounder and white hake. For more information on these
emergency actions, please see the preamble to FW 50.
Along with FW 50 and the concurrent emergency rule, we recently
approved FY 2013 sector operations plans and allocations (78 FR 25591;
May 2, 2013; ``sector rule''). A sector receives an allocation of each
stock, or annual catch entitlement (referred to as ACE, or allocation),
based on its members' catch histories. State-operated permit banks also
receive an allocation that can be transferred to qualifying sector
vessels (for more information, see the final rule implementing
Amendment 17 (77 FR 16942; March 23, 2012)). The sum of all sector and
state-operated permit bank allocations is referred to as the sector
sub-ACL in the FMP. Whatever groundfish allocation remains after
sectors and state-operated permit banks receive their allocations is
then allocated to vessels not enrolled in a sector (referred to as the
common pool). This allocation is also referred to as the common pool
sub-ACL.
Changes in sector membership require ACL and ACE adjustments. This
rule adjusts the FY 2013 sector and common pool allocations based on
final sector membership as of May 1, 2013. Permitted vessels that wish
to fish in a sector must enroll by December 1 of each year, with the
fishing year beginning the following May 1 and lasting through April 30
of the next year. However, due to a delay in distributing each vessel's
potential contribution to a sector's quota for FY 2013, we delayed the
deadline to join a sector until March 29, 2013. Because this deadline
followed the publication of the FW 50 and sector proposed rules, FY
2012 membership was used to estimate sector ACEs for FY 2013. In
addition, vessels had until April 30, 2013 (the day before the
beginning of FY 2013) to drop out of a sector and fish in the common
pool. If the sector allocation increases as a result of sector
membership changes, the common pool allocation decreases--the opposite
is true as well. Because sector membership has changed since FY 2012,
which was used in the FW 50 and sector rules, we need to update the
allocations to all sectors and to the common pool.
The final number of permits enrolled in a sector or state-operated
permit bank for FY 2013 is 851 (the same number of permits enrolled in
FY 2012 and a decrease of 3 permits from March 29, 2013). All sector
allocations assume that each NE multispecies vessel enrolled in a
sector has a valid permit for FY 2013. Tables 1, 2, and 3 (below)
explain the revised FY 2013 allocations as a percentage and absolute
amount (in metric tons and pounds).
Table 4 compares the preliminary allocations based on FY 2012
membership published in the FW 50 proposed and final rules, with the
revised allocations based on the final sector and state-operated permit
bank rosters as of May 1, 2013. The table shows that changes in sector
allocations due to updated rosters range from a decrease of 0.32
percent of Gulf of Maine (GOM) haddock, to an increase of 4.04 percent
of Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder.
Common pool allocation adjustments range between a 16.17-percent
decrease in SNE/MA yellowtail flounder, to a 59.09-percent increase in
GOM haddock. The changes in the common-pool allocations are greater
because the common pool has a significantly lower allocation for all
stocks, so even small changes appear large when viewed as a percentage
increase or decrease.
BILLING CODE 3510-22-P
[[Page 34929]]
[GRAPHIC] [TIFF OMITTED] TR11JN13.003
[[Page 34930]]
[GRAPHIC] [TIFF OMITTED] TR11JN13.004
[[Page 34931]]
[GRAPHIC] [TIFF OMITTED] TR11JN13.005
[[Page 34932]]
[GRAPHIC] [TIFF OMITTED] TR11JN13.006
BILLING CODE 3510-22-C
It is important to point out that this is only a temporary final
rule. After we finish reconciling differences in catch accounting
between our data and each
[[Page 34933]]
sector manager's data, each sector will have 2 weeks to trade FY 2012
ACE to account for any overharvesting during that period. After that 2-
week trading window, a sector that still has exceeded its FY 2012
allocation will have its FY 2013 allocation reduced, pursuant to
regulatory requirements. Because data reconciliation and the 2-week
trading window take place after the new fishing year has begun, we
reserve 20 percent of each sector's FY 2013 allocation until FY 2012
catch data are reconciled, with the exception of SNE/MA winter
flounder, which was newly allocated for FY 2013. This reserve is held
to ensure that each sector has sufficient ACE to balance any overages
from the previous fishing year. For FY 2013, sectors are also able to
carry over up to 10 percent of their initial allocation of all
regulated stocks to the next fishing year, with the exception of GOM
cod, which can be carried over only up to 1.85 percent. We will publish
a final follow-up rule detailing any carryover of FY 2012 sector
allocation or reduction in FY 2013 allocation resulting from sectors
under or overharvesting their allocations.
FW 50 also specifies incidental catch limits (or incidental total
allowable catches, ``TACs'') applicable to the common pool and NE
multispecies Special Management Programs for FY 2013-2015, including
the B day-at-sea (DAS) Program. Special Management Programs are
designed to allow fishing for healthy stocks that can support
additional fishing effort without undermining the other goals of the
FMP. Incidental catch limits are specified to limit catch of certain
stocks of concern for common pool vessels fishing in the Special
Management Programs. Because these incidental catch limits are based on
the changed common-pool allocation, they also must be revised. Final
incidental catch limits are included in Tables 5-8 below.
Table 5--FY 2013 Common Pool Incidental Catch TACs
------------------------------------------------------------------------
Percentage
of common Incidental
Stock pool sub- catch TAC
ACL (mt)
------------------------------------------------------------------------
GB cod........................................ 2 0.6
GOM cod....................................... 1 0.2
GB yellowtail flounder........................ 2 0.03
CC/GOM yellowtail flounder.................... 1 0.1
American Plaice............................... 5 1.3
Witch Flounder................................ 5 0.6
SNE/MA winter flounder........................ 1 1.4
------------------------------------------------------------------------
Table 6--Distribution of Common Pool Incidental Catch TACs to each Special Management Program
----------------------------------------------------------------------------------------------------------------
Regular B DAS Closed Area I Eastern U.S./CA Southern closed
Stock program hook gear haddock SAP Area II haddock
(percent) haddock SAP (percent) SAP
----------------------------------------------------------------------------------------------------------------
GB cod.................................. 50 16 34
GOM cod................................. 100 NA NA
GB yellowtail flounder.................. 50 NA 50
CC/GOM yellowtail flounder.............. 100 NA NA
American Plaice......................... 100 NA NA
Witch Flounder.......................... 100 NA NA
SNE/MA winter flounder.................. 100 NA NA
----------------------------------------------------------------------------------------------------------------
Table 7--FY 2013 Common Pool Incidental Catch TACs for Each Special Management Program (mt)
----------------------------------------------------------------------------------------------------------------
Closed area I Eastern U.S./
Stock Regular B DAS hook gear Canada haddock
program haddock SAP SAP
----------------------------------------------------------------------------------------------------------------
GB cod................................................. 0.3 0.1 0.2
GOM cod................................................ 0.2 n/a n/a
GB yellowtail flounder................................. 0.01 n/a 0.01
CC/GOM yellowtail flounder............................. 0.1 n/a n/a
American Plaice........................................ 1.2 n/a n/a
Witch Flounder......................................... 0.5 n/a n/a
SNE/MA winter flounder................................. 1.4 n/a n/a
----------------------------------------------------------------------------------------------------------------
Table 8--FY 2013 Common Pool Regular B DAS Program Quarterly Incidental Catch TACs (mt)
----------------------------------------------------------------------------------------------------------------
4th Quarter
1st Quarter (13%) 2nd Quarter (29%) 3rd Quarter (29%) (29%)
----------------------------------------------------------------------------------------------------------------
GB cod............................... 0.04 0.09 0.09 0.09
GOM cod.............................. 0.02 0.05 0.05 0.05
GB yellowtail flounder............... 0.002 0.004 0.004 0.004
CC/GOM yellowtail flounder........... 0.02 0.04 0.04 0.04
American Plaice...................... 0.16 0.36 0.36 0.36
Witch Flounder....................... 0.07 0.15 0.15 0.15
SNE/MA winter flounder............... 0.18 0.39 0.39 0.39
----------------------------------------------------------------------------------------------------------------
Classification
Pursuant to section 304(b)(1)(A) of the 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 Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive
prior public
[[Page 34934]]
notice and opportunity for public comment on the catch limit and
allocation adjustments because allowing time for notice and comment is
impracticable 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)(3), so that this final rule may become effective upon filing.
Notice and comment are impracticable and contrary to the public
interest because a delay would potentially impair achievement of the
management plan's objectives of preventing overfishing and achieving
optimum yield by staying within ACLs or allocations. The proposed and
final rules for FY 2013 sector operations plans and contracts explained
the need and likelihood for adjustments of sector and common pool
allocations based on final sector rosters. No comments were received on
the potential for these adjustments, which provide an accurate
accounting of a sector's or common pool's allocation at this time. If
this rule is not effective immediately, the sector and common pool
vessels will be operating under incorrect information on the catch
limits for each stock for sectors and the common pool. This could cause
negative economic impacts to the both sectors and the common pool,
depending on the size of the allocation, the degree of change in the
allocation, and the catch rate of a particular stock. Further, these
adjustments are based purely on objective sector enrollment data and
are not subject to NMFS' discretion, so there would be no benefit to
allowing time for prior notice and comment.
Waiving the 30-day delay in effectiveness allows harvesting in a
manner that prevents catch limits of species from being exceeded in
fisheries that are important to coastal communities. Until the final
stock allocations are made, 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 catch limits in a given sector or the
common pool. Any delays in adjusting these limits may cause the
affected fishing entities to slow down, or speed up, their fishing
activities during the interim period before this rule becomes
effective. Both of these reactions could negatively affect the fishery
and the businesses and communities that depend on them. The fishing
industry and the communities it supports could be affected by
potentially reducing harvests and delaying profits. Lastly, the catch
limit and allocation adjustments are not controversial and the need for
them was clearly explained in the proposed and final rules for FY 2013
sector operations plans and contracts. As a result, the NE multispecies
permit holders are expecting these adjustments and awaiting their
implementation. Therefore, it is important to implement adjusted catch
limits and allocations as soon as possible. For these reasons, we are
waiving the public comment period and delay in effectiveness for this
rule, pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 5, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-13866 Filed 6-10-13; 8:45 am]
BILLING CODE 3510-22-P
