Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Reporting Requirements; Unused Catch Carryover, 14635-14639 [2014-05819]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Proposed Rules]
[Pages 14635-14639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05819]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 131030919-4173-01]
RIN 0648-BD73


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Reporting Requirements; Unused Catch Carryover

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing two actions in this rulemaking: A 
requirement for daily Vessel Monitoring System (VMS) catch reporting 
for vessels declared to fish in the Eastern U.S./Canada Area; and the 
de minimis amount of unused fishing year (FY) 2013 sector annual catch 
entitlement (ACE) that may be carried over, beginning in FY 2014, 
without being subject to potential accountability measures. The 
revision to the reporting requirement is necessary to better ensure 
accurate and timely Eastern U.S./Canada Area catch reporting for quota 
monitoring purposes. The proposed de minimis carryover amount is 
necessary to complete the carryover process NMFS described for FY 2014 
in conjunction with the May 2013 rulemaking for Framework Adjustment 50 
to the Northeast (NE) Multispecies Fishery Management Plan (FMP). The 
intended effect of these actions is to inform the public and solicit 
public comment on NMFS's proposed measures.

DATES: Comments must be received by April 16, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0179, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/# !docketDetail;D=NOAA-NMFS-2013-0179, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will general be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of Framework 50 and its associated documents, including the 
environmental assessment (EA), the Regulatory Impact Review (RIR), and 
the Final Regulatory Flexibility Analysis (FRFA) prepared by the 
Council and NMFS are available from John K. Bullard, Regional 
Administrator, NMFS Northeast Regional Office (NERO), 55 Great Republic 
Drive, Gloucester, MA 01930. The previously listed documents are also 
accessible via the Internet at: https://www.nero.noaa.gov/sfd/sfdmulti.html.

FOR FURTHER INFORMATION CONTACT: For information on the Eastern U.S./
Canada Area reporting requirements in this rule contact Liz Sullivan, 
Fishery Management Specialist, phone: 978-282-8493. For information on 
the unused ACE de minimis carryover amount, contact Mike Ruccio, 
Fishery Policy Analyst, phone: 978-281-9104.

SUPPLEMENTARY INFORMATION:

1. Background

    Eastern U.S./Canada Area Daily VMS Reporting. Prior to FY 2013, the 
regulatory text for the catch monitoring/attribution program for 
Georges Bank (GB) cod and haddock required that all GB cod and haddock 
caught on a trip in which a vessel fished in both the Western and 
Eastern U.S./Canada Areas be attributed to the Eastern Area. In 
practice, we attributed catch of these stocks to areas fished based on 
our understanding that Amendment 16 to the FMP intended this result, 
and that the regulatory text was inadvertently left unchanged from pre-
Amendment 16 measures.
    In commenting on a proposed rule (78 FR 18188; March 25, 2013) that 
included a measure to correct this inadvertent language holdover, the 
New

[[Page 14636]]

England Fishery Management Council (Council) objected to the proposed 
revision, stating it was inconsistent with their intent in Amendment 
16. Because the proposed change was meant to reflect Council intent 
regarding Amendment 16, we withdrew its proposed revision, leaving the 
original text in place in the final rule. We noted this change as an 
interim measure, but asked for comments as it varied from the proposed 
rule. We then received a second comment letter from the Council on the 
interim measure, retracting the first statement of intent, and 
supporting the approach we first proposed, as well as suggesting that 
the requirement for daily reporting of catches in the Eastern Area 
could be reinstituted as allowed under Amendment 16 through Regional 
Administrator authority.
    Based on the second Council letter, we announced on July 10, 2013, 
that Eastern U.S./Canada Area catch monitoring was being changed from 
the interim method to a system that apportions catch based on area 
fished, consistent with the recommendation of the Council and the 2013 
proposed rule measure. We published the final rule to finalize this 
monitoring method on August 29, 2013 (78 FR 53363). Accounting for all 
FY 2013 trips has been retroactively revised from the interim approach 
to the area fished method. Such changes were considered to be within 
the purview of the Regional Administrator (Sec.  648.85(a)(3)(ii)(A)).
    The Amendment 16 final rule published on April 9, 2010 (75 FR 
18262) intended to remove the requirement for sector vessels to submit 
daily VMS catch reports when declared into the U.S./Canada Management 
Area, as well as the two Eastern U.S./Canada Special Access Programs 
(SAPs; the Closed Area II Yellowtail Flounder/Haddock SAP and the 
Eastern U.S./Canada Haddock SAP), because the requirement for a weekly 
sector manager report was determined to be sufficient by the Regional 
Administrator. This was captured in the preamble of the proposed and 
final rules for Amendment 16; however, this change was not reflected in 
the regulatory text at Sec.  648.85(a)(3)(v). As part of a rulemaking 
on August 29, 2013 (78 FR 53363), we announced our intention to revert 
to the original requirement for sector vessels declared to fish in the 
Eastern U.S./Canada Area to submit daily VMS catch reports. We did not, 
nor do not, intend to change this requirement for vessels declared only 
into the Western U.S./Canada Area. Because the daily reporting 
requirement is already specified in the regulations (Sec.  
648.85(a)(3)(v)) for vessels declared into the Eastern U.S./Canada 
Area, this provision need not change, except to clarify that the daily 
reporting requirement does not apply to vessels declared only into the 
Western U.S./Canada Area. Accordingly, this action proposes to modify 
the reporting requirement of Sec.  648.85(a)(3)(v) such that only 
sector vessels that have declared into the Eastern U.S./Canada Area 
would be required to submit daily catch reports. The proposal also will 
clarify that, for vessels declared only into the Western U.S./Canada 
Area, sectors must continue to submit weekly sector catch reports. The 
intent of this action is to improve the accuracy of reporting of the 
Eastern U.S./Canada Management Area.
    De Minimis Unused Sector ACE Carryover. Sectors are permitted to 
carry forward up to 10 percent of unused ACE from one FY to the next 
for many groundfish stocks. The substantial reduction in catch levels 
from FY 2012 to FY 2013 made clear that the way carryover amounts had 
been accounted for in previous FYs could, in some situations, result in 
a potential catch (i.e., available fishery-level annual catch limit 
(ACL) plus 10-percent carryover from previous year sector sub-ACL) of 
some stocks that could exceed the established Acceptable Biological 
Catch (ABC), and possibly the Overfishing Limit (OFL).
    To address this possibility, we issued, in conjunction with the 
rule implementing Framework Adjustment 50 for FY 2013, rulemaking under 
section 305(d) of the Magnuson-Stevens Act to clarify how accounting 
for year-to-year unused sector ACE carryover would be handled beginning 
in FY 2014 (78 FR 26172; May 3, 2013). The applicable regulations 
outlining the carryover system, including the revisions made in 
Framework Adjustment 50, can be found in Sec.  648.87(b)(1)(i)(F)(1)-
(5).
    Our clarification specified that sectors would be held accountable 
for any overage of the sector-specific sub-ACL if the total fishery 
level ACL were exceeded in any given year, consistent with the existing 
accountability measures regulations. The clarification makes explicitly 
clear that sectors would be accountable for carried over-catch used if 
the total ACL is exceeded, except for a nominal de minimis amount to be 
determined by NMFS. We believe providing a nominal amount of carryover 
is an important safety consideration because, by allowing some 
carryover, vessels could elect to forego some portion of, or entire, 
late-season fishing trips for safety reasons, knowing that they could 
instead harvest the de minimis amount in the next fishing year, 
irrespective of any accountability measures. Prior to the 
clarification, it was unclear from Amendment 16 whether accountability 
measures should apply to carried-over catch. NMFS' clarification was 
designed to make the carryover program more consistent with the 
National Standard 1 guidelines (Sec.  600.310(a)). Substantial 
explanation of the carryover program accounting is provided in 
Framework 50 and the associated rulemaking documents and is not 
repeated here.
    Given the need to complete other components of the Framework 50 
rulemaking for timely implementation at the start of the FY 2013, NMFS 
was unable to fully develop and analyze an appropriate de minimis level 
in conjunction with the framework rulemaking. Instead, we established a 
process wherein we would conduct proposed rulemaking for an appropriate 
de minimis carryover level. This is that action.

2. Proposed Measures

    Eastern U.S./Canada Area Daily VMS Reporting. We propose to require 
sector vessels declared to fish in the Eastern U.S./Canada Area to 
submit daily VMS catch reports. The reports would be submitted in 24-
hour intervals for each day, and would be required to include at least 
the following information:
    1. VTR serial number or other universal ID specified by the 
Regional Administrator;
    2. Date fish were caught and statistical area in which the fish 
were caught; and
    3. Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, American plaice, redfish, Atlantic 
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds, 
live weight) in each broad stock area, specified in Sec.  648.10(k)(3), 
as instructed by the Regional Administrator.
    The regulations at Sec.  648.85(a)(3)(v) currently require sector 
vessels to submit daily reports if they declare in the Eastern U.S./
Canada Area. As discussed in the Background above, the Amendment 16 
final rule intended to remove the requirement for daily reporting, 
pursuant to the authority granted to the NMFS Regional Administrator by 
the FMP, as it was determined at that time that the weekly sector catch 
report was sufficient. However, this change was not reflected in the 
regulatory text, and so the current proposal to revert to the original 
requirement of daily reporting does not require a substantive change to 
the regulations for vessels declared into the Eastern U.S./Canada 
Management Area.

[[Page 14637]]

However, although the current regulatory text requires daily reporting 
for vessels declared only into the Western U.S./Canada Area, weekly 
sector catch reports have been determined to be sufficient, and 
therefore the regulatory text at Sec.  648.85(a)(3)(v) will be modified 
to delete the daily reporting requirement for such vessels.
    Pursuant to the regulations at Sec.  648.10(k)(2), vessels who have 
declared their intent to fish within multiple Broad Stock Areas must 
submit a trip-level hail report via VMS. This report must include the 
landed weight of regulated species and total retained catch, unless the 
vessel is fishing in a special management program such as the Eastern 
U.S./Canada Area, and is required to submit daily reports via VMS. As 
proposed in this rule, by reverting to the daily reporting requirement, 
a sector vessel on a trip declared into the Eastern U.S./Canada Area 
and fishing in multiple Broad Stock Areas would be exempt from the 
requirement to submit a trip-level catch report.
    De Minimis Unused Sector ACE Carryover. We propose to provide 1 
percent of the annual sector sub-annual catch limit (sub-ACL) as the de 
minimis carryover amount, starting in FY 2014. This amount of 
carryover, if used, will not be specifically counted against the sector 
sub-ACL for accountability purposes. The full sub-ACL would still be 
allocated to sectors as ACE (i.e., not reduced by 1 percent). The 
existing carryover provision that allows up to 10 percent of unused 
sector ACE to be carried over remains in effect; however, any carried 
over catch in excess of the de minimis amount would be counted against 
the sub-ACL for accountability purposes if the total fishery-level ACL 
is exceeded.
    By using a nominal amount of the sector-specific sub-ACL in the 
derivation process, the resulting 1-percent amount provided as the de 
minimis carryover falls within the management uncertainty buffer 
established for sectors. This approach better ensures that the de 
minimis value is in line with catch limits established for the FY in 
which carryover may be taken. For FY 2015 and beyond, we propose this 
approach of using 1 percent of the sector sub-ACL for the year in which 
carryover would be harvested would be the default de minimis amount. 
The actual value may vary year-to-year based on the sub-ACLs specified 
for the year. We propose to publish the actual de minimis amount in 
conjunction with either Council initiated frameworks implementing ACLs 
or in sector ACE adjustment rules.
    As an example:
     If the FY 2014 sector sub-ACL for species X is 100 mt, the 
de minimis amount would be 1 mt.
     If the FY 2013 sector sub-ACL species X is 200 mt, up to 
20 mt (10 percent of the FY 2013 sub-ACL) could be carried over from FY 
2013 to 2014.
     Of this 20 mt, sectors would not be required to repay 1 mt 
(i.e., the de minimis amount) if the accountability repayment were 
triggered. Sectors would be required to repay up to 19 mt (i.e., the 
remaining carryover balance that is not considered de minimis) if the 
total ACL and sector sub-ACL were exceeded.
    The 1-percent de minimis amount would ensure that overfishing will 
not occur, because the value would only be a minor portion of the 
Council's management uncertainty buffer that offsets the ABC and sub-
ACLs. The Council has identified several unquantified management 
uncertainties as part of a 3 to 5-percent management uncertainty 
buffer. Currently, the Council uses a management uncertainty buffer of 
5 percent for all but one stock. NMFS considers the 1-percent amount to 
be de minimis because, when it is combined with the full harvest of a 
corresponding stock-level ACL, it does not cause the fishery ABC to be 
exceeded. It would cause an ACL overage in this circumstance, but only 
if the full de minimis carryover amounts are harvested and all of the 
sector sub-ACL is harvested. Even in the unlikely event that this 
occurs, a 1-percent de minimis overage would still be well below the 3 
to 5-percent management uncertainty buffer used by the Council when it 
determines the ACL. Because the 1-percent de minimis amount is a minor 
portion of the management uncertainty buffer, NMFS would not invoke the 
overage payback accountability measure.
    The Council is still in the process of finalizing for 
recommendation to NMFS the FY 2014 ABCs and ACLs for many groundfish 
stocks. These values will likely be finalized in late spring 2014, for 
use in FY 2014, which begins May 1, 2014. If the de minimis approach 
outlined here is adopted, NMFS will publish final de minimis values in 
conjunction with rules for FY 2014. In the interim, the current FY 2014 
ABC and ACL values either already put in place by Framework 50 or under 
discussion by the Council for inclusion in Framework 51 are provided in 
Table 1 to show the derivation of the potential de minimis value that 
would result.

 Table 1--Potential FY 2014 catch limit information, de minimis carryover amounts, total potential catch, and impact of realizing total potential catch.
                                                               All Weights in Metric Tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        2014 Potential Catch Limit Information                 de minimus amount and evaluation
                                                 -------------------------------------------------------------------------------------------------------
                                                                                                       De Minimis     Total
                Stock or species                                                           FY 2014      Value-1     potential
                                                  FY 2014 OFL  FY 2014 ABC    FY 2014    Sector sub-   Percent of   catch (de    Percent of   Percent of
                                                                             Total ACL       ACL      Sector sub-   minimis +    Total ACL       ABC
                                                                                                          ACL       total ACL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Georges Bank (GB) Atlantic cod..................        3,570        2,506        1,867        1,776           18        1,885        101.0         75.2
Gulf of Maine (GOM) Atlantic cod................        1,917        1,550        1,470          812            8        1,478        100.6         95.4
GB Haddock......................................       46,268       35,699       18,312       17,116          171       18,483        100.9         51.8
GOM Haddock.....................................          440          341          323          218            2          325        100.7         95.4
S. New England (SNE) yellowtail flounder........        1,042          700          665          469            5          670        100.7         95.7
Cape Cod/GOM yellowtail flounder................          936          548          523          466            5          528        100.9         96.3
American Plaice.................................        1,981        1,515        1,442        1,357           14        1,456        100.9         96.1
Witch Flounder..................................        1,512          783          751          599            6          757        100.8         96.7
GB Winter Flounder..............................        4,626        3,598        3,493        3,364           34        3,527        101.0         98.0
GOM Winter Flounder.............................        1,458        1,078        1,040          688            7        1,047        100.7         97.1
SNE/Mid-Atlantic Winter Flounder................        3,372        1,676        1,612        1,074           11        1,623        100.7         96.8
Acadian Redfish.................................       16,130       11,465       10,909       10,523          105       11,014        101.0         96.1
White Hake......................................        6,237        4,713        4,417        4,247           42        4,459        101.0         94.6
Pollock.........................................       20,554       16,000       15,304       13,131          131       15,435        100.9         96.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
All stocks are expected to continue use of a 5 percent uncertainty buffer between ABC and ACL in FY 2014 except for GB winter flounder (3 percent).


[[Page 14638]]

    To assist the public in providing effective comment on the de 
minimis proposal, NMFS is asking the following questions:
    1. Is the concept of a de minimis carryover amount clear? Is the 
process we intend to use to track and account for unused ACE carryover 
in FY 2014 clear, including when sectors may be subject to 
accountability measures if carried-over catch has been harvested? If 
not, what needs to be clarified in the final rule?
    2. Is the de minimis amount an appropriate balance between making 
available some amount of carryover that may be used without payback 
implications and providing sufficient protection to stocks so that 
management uncertainty offsets are maintained and overfishing does not 
occur?
    3. Are there alternate de minimis values or derivation approaches 
NMFS should consider?
    In responding to these questions we remind the public that full-
scale revision of the Amendment 16 carryover program would require a 
further Council-initiated action.
    We considered higher amounts as the de minimis level (e.g., 2 
percent or more of the sector sub-ACL), but were concerned that a 
higher amount could raise the likelihood that ACLs could be exceeded. 
Further, a higher amount would constitute a significant portion of the 
management uncertainty buffer and would potentially degrade its ability 
to prevent overfishing. To maintain the protection of this buffer, 
additional carryover catch above the de minimis amount would be subject 
to the overage payback accountability measure. Sectors could continue 
to use up to the full 10 percent available as carryover, but its use 
would be subject to accountability measures if the fishery level ACL is 
exceeded.

Corrections

    NMFS proposes to modify the text at Sec.  648.14(k)(11)(iv) to 
clarify the reporting requirements by removing the word ``landings'' 
from the paragraph.
    NMFS proposes to modify the text at Sec.  648.85(a)(3)(v) in order 
to clarify that the authority granted to the NMFS Regional 
Administrator to remove the daily reporting requirements for special 
management programs is separate and distinct from the regulatory 
requirement. This modification would move the language explaining the 
Regional Administrator's authority to a new subsection (Sec.  
648.85(a)(3)(v)(B)) with a further clarification that the Regional 
Administrator's authority also includes modification of reporting 
requirements.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the management 
measures in this proposed rule are consistent with the NE Multispecies 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment.
    Pursuant to the procedures established to implement section 6 of 
Executive Order (E.O.) 12866, the Office of Management and Budget has 
determined that this proposed rule is not significant.
    This proposed rule does not contain policies with federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The proposed rule contains two actions: A requirement for daily VMS 
catch reporting for vessels declared to fish in the Eastern U.S./Canada 
Area; and the de minimis amount of unused FY 2013 sector ACE that may 
be carried over beginning in FY 2014 without being subject to potential 
accountability measures. The revision to the reporting requirement is 
necessary to better ensure accurate and timely Eastern U.S./Canada Area 
catch reporting for quota monitoring purposes. The proposed de minimis 
carryover amount is necessary to complete the carryover process NMFS 
described for FY 2014 in conjunction with the May 2013 rulemaking for 
Framework Adjustment 50 to the NE Multispecies FMP.
    The Regulatory Flexibility Act (RFA) requires Federal agencies to 
consider disproportionality and profitability to determine the 
significance of regulatory impacts. There are no disproportionate 
impacts as a result of the two actions being proposed. Analyses being 
prepared for an upcoming multispecies action indicate 822 unique 
entities in the fishery, 806 of which are considered small business 
entities under Small Business Administration criteria and 16 that are 
considered large entities. These 16 large entities have ownership 
interest in finfish businesses, but obtain the majority of their gross 
sales from shellfish-related businesses. All businesses obtaining the 
majority of their gross sales from finfish are considered small 
businesses.
    The change in VMS reporting frequency for vessels participating in 
the Eastern U.S./Canada Area will require catch data to be transmitted 
to NMFS once daily. Vessels participating in the overarching 
multispecies fishery already have onboard VMS units and submit various 
types of reports and declarations to participate in the fishery. The 
proposed change in reporting frequency implements the daily report 
structure contemplated in conjunction with Amendment 16 to the FMP. 
Previous analysis for Paperwork Reduction Act (PRA) collection Office 
of Management and Budged Control No. 0648-0202 estimated the cost of 
daily reporting as up to $1.00 per day. Vessels that have not 
previously submitted daily reports or that have not participated in the 
area will now be required to report more frequently, thereby increasing 
VMS operating costs. The reporting requirement would be imposed on all 
vessels choosing to fish in the area; fishing in the mandatory 
reporting area is voluntary. Moreover, as noted below, the charge is 
small enough and affects all vessels equally. Therefore, this rule will 
not result in disproportionate impacts on small entities.
    In FY 2012, 62 sector vessels fished in the Eastern Area, taking a 
total of 398 sector trips, with an assumed length of 4 fishing days, 
based on the assumed trip length information used in the PRA analysis. 
The expected cost of sending a daily report on a per vessel basis is 
approximately $25.68 annually and $4.00 per trip. This cost is not 
expected to affect profitability for either small or large entities. 
Information compiled for FY 2011 in the final report on the performance 
of the NE multispecies fishery published by the Northeast Fisheries 
Science Center indicates the lowest nominal revenue from groundfish-
specific landings was $730 per trip (vessels category of < 30 feet 
(9.1m) in length overall). Thus, the cost of daily reporting will be 
less than 0.5 percent of the lowest average nominal revenue in the 
fishery. Given that larger vessels or entities whose business involves 
multiple vessels of varying sizes would realize even lower potential 
operating cost, the impacts from daily reporting relative to nominal 
revenue are miniscule. Vessels may also land non-groundfish species in 
conjunction with fishing effort in the area, further reducing the 
potential impact of daily reporting costs on nominal revenue. Based on 
this, NMFS asserts the profitability criterion is not met.
    Similarly, the de minimis carryover amount does not have 
disproportionate impacts on small entities. Adequate revenue 
information is available to

[[Page 14639]]

NMFS to ascertain the impact of de minimis carryover on regulated 
entities.
    Prior rulemaking for Amendment 16 allowed sectors to carry over up 
to 10 percent of their overall allocation if, for any reason, they were 
unable to utilize that allocation in one FY. This allowance is designed 
to allow flexibility so that vessels do not fish during unsafe 
conditions to utilize their last units of catch allocations. The 
ability to carry over allocation is simultaneously constrained by a 
fishery-wide ACL that cannot be exceeded. Prior rulemaking created a 
provision for a de minimis carryover amount in excess of the ACL. This 
proposed rule establishes that amount at 1 percent of the upcoming FY 
ACL. The additional allocation, in excess of the ACL, will allow 
sectors and sector-enrolled entities to increase their gross sales 
slightly relative to being restricted to the ACL level, creating 
positive economic impacts for those enrolled in sectors. These benefits 
are not disproportionate, as the de minimis carryover amount is 
available to all sector-enrolled fishery participants.
    For these reasons, the proposed rule, if implemented, will not have 
a significant economic impact on a substantial number of small 
entities. Accordingly, an initial regulatory flexibility analysis is 
not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 11, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.14, revise paragraph (k)(11)(iv) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (11) * * *
    (iv) Reporting requirements for all persons. (A) If fishing under a 
NE multispecies DAS or on a sector trip in the Western U.S./Canada Area 
or Eastern U.S./Canada Area specified in Sec.  648.85(a)(1), fail to 
report in accordance with Sec.  648.85(a)(3)(v).
* * * * *
0
3. In Sec.  648.85, revise paragraph (a)(3)(v) to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (v) Reporting. (A) The owner or operator of a common pool vessel 
must submit reports via VMS, in accordance with instructions provided 
by the Regional Administrator, for each day of the fishing trip when 
declared into either of the U.S./Canada Management Areas. The owner or 
operator of a sector vessel must submit daily reports via VMS, in 
accordance with instructions provided by the Regional Administrator, 
for each day of the fishing trip when declared into the Eastern U.S./
Canada Area. Vessels subject to the daily reporting requirement must 
report daily for the entire fishing trip, regardless of what areas are 
fished. The reports must be submitted in 24-hr intervals for each day, 
beginning at 0000 hr and ending at 2359 hr, and must be submitted by 
0900 hr of the following day, or as instructed by the Regional 
Administrator. The reports must include at least the following 
information:
    (1) VTR serial number or other universal ID specified by the 
Regional Administrator;
    (2) Date fish were caught and statistical area in which fish were 
caught; and
    (3) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, American plaice, redfish, Atlantic 
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds, 
live weight) in each broad stock area, specified in Sec.  648.10(k)(3), 
as instructed by the Regional Administrator.
    (B) The Regional Administrator may remove or modify the reporting 
requirement for sector vessels in Sec.  648.85(a)(3)(v) in a manner 
consistent with the Administrative Procedure Act.
* * * * *
[FR Doc. 2014-05819 Filed 3-14-14; 8:45 am]
BILLING CODE 3510-22-P