Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits, 10421-10422 [2014-04022]
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations
SNE/MA yellowtail flounder are
available for the scallop fishery.
DATES: Effective February 20, 2014,
through April 30, 2014.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fisheries Management
Specialist, (978) 282–8493.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–03984 Filed 2–20–14; 4:15 pm]
BILLING CODE 4910–59–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140113030–4109–01]
RIN 0648–XD081
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Adjustment of Georges Bank
and Southern New England/MidAtlantic Yellowtail Flounder Annual
Catch Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; adjustment of
annual catch limits.
AGENCY:
NMFS announces a transfer of
unused quota for the remainder of the
2013 fishing year (FY) of Georges Bank
(GB) and Southern New England/Mid
Atlantic (SNE/MA) yellowtail flounder
from the Atlantic scallop fishery to the
Northeast (NE) multispecies fishery.
This action is being taken because the
scallop fishery is not expected to catch
its entire allocation of GB and SNE/MA
yellowtail flounder. The intent is to
provide additional harvest opportunity
to the NE multispecies fishery while
ensuring sufficient amounts of GB and
SUMMARY:
Background
NMFS regulations at 50 CFR
648.90(a)(4)(iii)(C) authorize the
Regional Administrator (RA) to reduce
the scallop fishery sub-ACL to the
amount projected to be caught, and
increase the groundfish fishery sub-ACL
up to the amount reduced from the
scallop fishery if, by January 15 of each
year, the scallop fishery is expected to
catch less than 90 percent of its GB or
SNE/MA yellowtail flounder sub-annual
catch limit (sub-ACL). This adjustment
is intended to help achieve optimum
yield, while not threatening an overage
of the ACLs for the stocks.
Based on the most current available
data, NMFS projects that the scallop
fishery will have unused quota in the
2013 fishing year (FY). Although for the
first time starting in FY 2013, three
Scallop Access Areas will remain open
during the month of February, NMFS’
analysis assumed similar scallop fleet
effort and behavior to past years. It is
possible that the additional open areas
will increase effort and potentially
result in higher yellowtail flounder
bycatch. However, NMFS accounted for
this uncertainty by using the high-end
estimates of the catch projections. As of
January 15, the projections indicate that
10421
the scallop fishery is expected to catch
41.5 mt of GB yellowtail, or 49.8 percent
of its FY 2013 sub-ACL, and 43.6 mt of
SNE/MA yellowtail, or 71.4 percent of
its FY 2013 sub-ACL. Because the
scallop fishery is not expected to catch
its entire allocation of GB and SNE/MA
yellowtail flounder, this rule transfers
the unused quota for the remainder of
the 2013 FY of GB and SNE/MA
yellowtail flounder from the Atlantic
scallop fishery to the NE multispecies
fishery. The intent is to provide
additional harvest opportunity to the NE
multispecies fishery while ensuring
sufficient amounts of GB and SNE/MA
yellowtail flounder are available for the
scallop fishery.
Based on the new projections of GB
and SNE/MA yellowtail flounder catch
by the scallop fishery, effective February
20, 2014, through April 30, 2014, NMFS
reduces the scallop sub-ACL for both
stocks to the amount projected to be
caught, and increases the groundfish
sub-ACLs. To account for uncertainty in
inseason catch projections, NMFS
increases the groundfish sub-ACLs by
90 percent of the amount reduced from
the scallop sub-ACLs. This results in an
additional 37.7 mt of GB yellowtail
flounder, and 15.7 mt of SNE/MA
yellowtail flounder, for the groundfish
fishery. Table 1 summarizes the
revisions to the FY 2013 sub-ACLs, and
Table 2 shows the revised allocations
for the NE multispecies fishery as
allocated between the sectors and
common pool based on final sector
membership for FY 2013.
TABLE 1—GEORGES BANK AND SOUTHERN NEW ENGLAND/MID-ATLANTIC YELLOWTAIL FLOUNDER SUB-ACLS
[In metric tons]
Initial sub-ACL
(mt)
Stock
Fishery
GB Yellowtail Flounder .....................................
Groundfish ........................................................
Scallop ..............................................................
Groundfish ........................................................
Scallop ..............................................................
SNE/MA Yellowtail Flounder ............................
Revised
sub-ACL
(mt)
116.8
83.4
570
61
154.5
41.5
585.7
43.6
Percent
change
+32
¥50
+3
¥29
TABLE 2—ALLOCATIONS FOR SECTORS AND THE COMMON POOL
[In pounds]
Stock
GB Yellowtail flounder
tkelley on DSK3SPTVN1PROD with RULES
Sector name
Original
Fixed Gear Sector ...........................................................................................
Maine Coast Community Sector ......................................................................
Maine Permit Bank ..........................................................................................
New Hampshire Permit Bank ..........................................................................
Northeast Coast Communities Sector .............................................................
Northeast Fishery Sector II .......................................................................
Northeast Fishery Sector III ......................................................................
Northeast Fishery Sector IV .....................................................................
Northeast Fishery Sector V ......................................................................
VerDate Mar<15>2010
16:07 Feb 24, 2014
Jkt 232001
PO 00000
Frm 00091
Fmt 4700
Sfmt 4700
SNE/MA Yellowtail flounder
Revised
32
9
35
0
2,161
5,037
25
5,567
4,151
E:\FR\FM\25FER1.SGM
42
12
47
0
2,859
6,662
33
7,364
5,491
25FER1
Original
3,820
8,321
401
0
9,115
18,921
4,482
28,512
288,809
Revised
3,926
8,550
412
0
9,366
19,442
4,605
29,298
296,764
10422
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations
TABLE 2—ALLOCATIONS FOR SECTORS AND THE COMMON POOL—Continued
[In pounds]
Stock
GB Yellowtail flounder
Sector name
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Northeast Fishery Sector
Sustainable Harvest Sector 1
Sustainable Harvest Sector 3
Original
SNE/MA Yellowtail flounder
Revised
Original
Revised
VI .....................................................................
VII ....................................................................
VIII ...................................................................
IX .....................................................................
X ......................................................................
XI .....................................................................
XII ....................................................................
XIII ...................................................................
..........................................................................
..........................................................................
6,954
29,083
28,075
68,968
44
2
2
64,292
33,971
6,005
9,198
38,470
37,137
91,230
58
3
3
85,044
44,936
7,943
64,929
57,417
73,420
99,983
6,879
217
28
237,793
103,528
39,363
66,717
58,999
75,442
102,737
7,069
223
29
244,343
106,379
40,448
All Sectors Combined ........................................................................
Common Pool ..................................................................................................
254,414
3,086
336,532
4,083
1,045,939
210,696
1,074,748
216,500
Note: All ACE values for sectors outlined in Table 3 assume that each sector permit is valid for FY 2012.
Classification
tkelley on DSK3SPTVN1PROD with RULES
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that the management measures
implemented in this final rule are
necessary for the conservation and
management of the NE multispecies
fishery and consistent with the
Magnuson-Stevens Act, and other
applicable law.
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The NMFS Assistant Administrator
finds good cause pursuant to 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment for this
in season sub-ACL adjustment because
notice and comment would be
impracticable and contrary to the public
interest. The regulations at
§ 648.90(a)(4)(iii)(C) grant the RA
authority to reduce the scallop fishery
sub-ACL to the amount projected to be
caught, and increase the groundfish subACL by 90 percent of the amount
reduced from the scallop sub-ACLs in
order to maximize the GB and SNE/MA
yellowtail flounder yield. The updated
projections of GB and SNE/MA
yellowtail flounder catch in the scallop
fishery only became available on
VerDate Mar<15>2010
16:07 Feb 24, 2014
Jkt 232001
January 15, 2014, therefore NMFS could
not have taken this action earlier. In
addition, the current fishing year ends
on April 30, 2014. If NMFS allowed for
the time necessary to provide for prior
notice and comment, the resulting delay
in the sub-ACL adjustments could
prevent in the short-term NE
multispecies vessels from fully
harvesting GB and SNE/MA yellowtail
flounder catch at higher rates and
potentially prevent the full harvest of
the sub-ACLs of other groundfish stocks
that are caught coincidentally with GB
and SNE/MA yellowtail flounder before
the end of the fishing year on April 30,
2014. Given the significant decreases in
catch limits for many groundfish stocks
in FY 2013, any delay in increasing
such limits through this transfer could
prevent fishermen from attempting to
offset their current negative economic
circumstances. Giving effect to this rule
as soon as possible will provide
immediate relief to fishermen.
The NMFS Assistant Administrator
also finds good cause pursuant to 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for this action for
these same reasons. This rule provides
additional harvest opportunity to the NE
multispecies fishery while ensuring
sufficient amounts of GB and SNE/MA
yellowtail flounder are available for the
PO 00000
Frm 00092
Fmt 4700
Sfmt 9990
scallop fishery. A delay in the sub-ACL
adjustments could prevent in the shortterm, given the end of the fishing year
on April 30, 2014, NE multispecies
vessels from fully harvesting GB and
SNE/MA yellowtail flounder catch at
higher rates and potentially prevent the
full harvest of the sub-ACLs of other
groundfish stocks that are caught
coincidentally with GB and SNE/MA
yellowtail flounder. Further, there is no
need to allow the industry additional
time to adjust to this rule because it
does not require any compliance or
other action on the part of individual
scallop or groundfish fishermen.
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 one has not been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 19, 2014.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–04022 Filed 2–20–14; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10421-10422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04022]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140113030-4109-01]
RIN 0648-XD081
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Adjustment of Georges Bank and Southern New
England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; adjustment of annual catch limits.
-----------------------------------------------------------------------
SUMMARY: NMFS announces a transfer of unused quota for the remainder of
the 2013 fishing year (FY) of Georges Bank (GB) and Southern New
England/Mid Atlantic (SNE/MA) yellowtail flounder from the Atlantic
scallop fishery to the Northeast (NE) multispecies fishery. This action
is being taken because the scallop fishery is not expected to catch its
entire allocation of GB and SNE/MA yellowtail flounder. The intent is
to provide additional harvest opportunity to the NE multispecies
fishery while ensuring sufficient amounts of GB and SNE/MA yellowtail
flounder are available for the scallop fishery.
DATES: Effective February 20, 2014, through April 30, 2014.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fisheries Management
Specialist, (978) 282-8493.
SUPPLEMENTARY INFORMATION:
Background
NMFS regulations at 50 CFR 648.90(a)(4)(iii)(C) authorize the
Regional Administrator (RA) to reduce the scallop fishery sub-ACL to
the amount projected to be caught, and increase the groundfish fishery
sub-ACL up to the amount reduced from the scallop fishery if, by
January 15 of each year, the scallop fishery is expected to catch less
than 90 percent of its GB or SNE/MA yellowtail flounder sub-annual
catch limit (sub-ACL). This adjustment is intended to help achieve
optimum yield, while not threatening an overage of the ACLs for the
stocks.
Based on the most current available data, NMFS projects that the
scallop fishery will have unused quota in the 2013 fishing year (FY).
Although for the first time starting in FY 2013, three Scallop Access
Areas will remain open during the month of February, NMFS' analysis
assumed similar scallop fleet effort and behavior to past years. It is
possible that the additional open areas will increase effort and
potentially result in higher yellowtail flounder bycatch. However, NMFS
accounted for this uncertainty by using the high-end estimates of the
catch projections. As of January 15, the projections indicate that the
scallop fishery is expected to catch 41.5 mt of GB yellowtail, or 49.8
percent of its FY 2013 sub-ACL, and 43.6 mt of SNE/MA yellowtail, or
71.4 percent of its FY 2013 sub-ACL. Because the scallop fishery is not
expected to catch its entire allocation of GB and SNE/MA yellowtail
flounder, this rule transfers the unused quota for the remainder of the
2013 FY of GB and SNE/MA yellowtail flounder from the Atlantic scallop
fishery to the NE multispecies fishery. The intent is to provide
additional harvest opportunity to the NE multispecies fishery while
ensuring sufficient amounts of GB and SNE/MA yellowtail flounder are
available for the scallop fishery.
Based on the new projections of GB and SNE/MA yellowtail flounder
catch by the scallop fishery, effective February 20, 2014, through
April 30, 2014, NMFS reduces the scallop sub-ACL for both stocks to the
amount projected to be caught, and increases the groundfish sub-ACLs.
To account for uncertainty in inseason catch projections, NMFS
increases the groundfish sub-ACLs by 90 percent of the amount reduced
from the scallop sub-ACLs. This results in an additional 37.7 mt of GB
yellowtail flounder, and 15.7 mt of SNE/MA yellowtail flounder, for the
groundfish fishery. Table 1 summarizes the revisions to the FY 2013
sub-ACLs, and Table 2 shows the revised allocations for the NE
multispecies fishery as allocated between the sectors and common pool
based on final sector membership for FY 2013.
Table 1--Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Sub-ACLs
[In metric tons]
----------------------------------------------------------------------------------------------------------------
Initial sub- Revised sub- Percent
Stock Fishery ACL (mt) ACL (mt) change
----------------------------------------------------------------------------------------------------------------
GB Yellowtail Flounder................. Groundfish................ 116.8 154.5 +32
Scallop................... 83.4 41.5 -50
SNE/MA Yellowtail Flounder............. Groundfish................ 570 585.7 +3
Scallop................... 61 43.6 -29
----------------------------------------------------------------------------------------------------------------
Table 2--Allocations for Sectors and the Common Pool
[In pounds]
----------------------------------------------------------------------------------------------------------------
Stock GB Yellowtail flounder SNE/MA Yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Sector name Original Revised Original Revised
----------------------------------------------------------------------------------------------------------------
Fixed Gear Sector............................... 32 42 3,820 3,926
Maine Coast Community Sector.................... 9 12 8,321 8,550
Maine Permit Bank............................... 35 47 401 412
New Hampshire Permit Bank....................... 0 0 0 0
Northeast Coast Communities Sector.............. 2,161 2,859 9,115 9,366
Northeast Fishery Sector II................. 5,037 6,662 18,921 19,442
Northeast Fishery Sector III................ 25 33 4,482 4,605
Northeast Fishery Sector IV................. 5,567 7,364 28,512 29,298
Northeast Fishery Sector V.................. 4,151 5,491 288,809 296,764
[[Page 10422]]
Northeast Fishery Sector VI................. 6,954 9,198 64,929 66,717
Northeast Fishery Sector VII................ 29,083 38,470 57,417 58,999
Northeast Fishery Sector VIII............... 28,075 37,137 73,420 75,442
Northeast Fishery Sector IX................. 68,968 91,230 99,983 102,737
Northeast Fishery Sector X.................. 44 58 6,879 7,069
Northeast Fishery Sector XI................. 2 3 217 223
Northeast Fishery Sector XII................ 2 3 28 29
Northeast Fishery Sector XIII............... 64,292 85,044 237,793 244,343
Sustainable Harvest Sector 1.................... 33,971 44,936 103,528 106,379
Sustainable Harvest Sector 3.................... 6,005 7,943 39,363 40,448
---------------------------------------------------------------
All Sectors Combined.................... 254,414 336,532 1,045,939 1,074,748
Common Pool..................................... 3,086 4,083 210,696 216,500
----------------------------------------------------------------------------------------------------------------
Note: All ACE values for sectors outlined in Table 3 assume that each sector permit is valid for FY 2012.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the management
measures implemented in this final rule are necessary for the
conservation and management of the NE multispecies fishery and
consistent with the Magnuson-Stevens Act, and other applicable law.
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The NMFS Assistant Administrator finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public
comment for this in season sub-ACL adjustment because notice and
comment would be impracticable and contrary to the public interest. The
regulations at Sec. 648.90(a)(4)(iii)(C) grant the RA authority to
reduce the scallop fishery sub-ACL to the amount projected to be
caught, and increase the groundfish sub-ACL by 90 percent of the amount
reduced from the scallop sub-ACLs in order to maximize the GB and SNE/
MA yellowtail flounder yield. The updated projections of GB and SNE/MA
yellowtail flounder catch in the scallop fishery only became available
on January 15, 2014, therefore NMFS could not have taken this action
earlier. In addition, the current fishing year ends on April 30, 2014.
If NMFS allowed for the time necessary to provide for prior notice and
comment, the resulting delay in the sub-ACL adjustments could prevent
in the short-term NE multispecies vessels from fully harvesting GB and
SNE/MA yellowtail flounder catch at higher rates and potentially
prevent the full harvest of the sub-ACLs of other groundfish stocks
that are caught coincidentally with GB and SNE/MA yellowtail flounder
before the end of the fishing year on April 30, 2014. Given the
significant decreases in catch limits for many groundfish stocks in FY
2013, any delay in increasing such limits through this transfer could
prevent fishermen from attempting to offset their current negative
economic circumstances. Giving effect to this rule as soon as possible
will provide immediate relief to fishermen.
The NMFS Assistant Administrator also finds good cause pursuant to
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this
action for these same reasons. This rule provides additional harvest
opportunity to the NE multispecies fishery while ensuring sufficient
amounts of GB and SNE/MA yellowtail flounder are available for the
scallop fishery. A delay in the sub-ACL adjustments could prevent in
the short-term, given the end of the fishing year on April 30, 2014, NE
multispecies vessels from fully harvesting GB and SNE/MA yellowtail
flounder catch at higher rates and potentially prevent the full harvest
of the sub-ACLs of other groundfish stocks that are caught
coincidentally with GB and SNE/MA yellowtail flounder. Further, there
is no need to allow the industry additional time to adjust to this rule
because it does not require any compliance or other action on the part
of individual scallop or groundfish fishermen.
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 one has not been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 19, 2014.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-04022 Filed 2-20-14; 4:15 pm]
BILLING CODE 3510-22-P
