Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2014 Annual Catch Limits, 15253-15254 [2014-06063]

Download as PDF Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations ice on February 1, 2014, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. North Carolina has agreed to transfer 4,833 lb (2,192 kg) of its 2014 commercial quota to New Jersey. This transfer was prompted by summer flounder landings of the F/V Adrianna, a North Carolina vessel that was granted safe harbor in New Jersey due to mechanical failure on February 12, 2014, thereby requiring a quota transfer to account for the increase in New Jersey’s landings that would have otherwise accrued against the North Carolina quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder commercial quotas for calendar year 2014 are: North Carolina, 2,973,379 lb (1,348,702 kg); Virginia, 2,575,400 lb (1,168,182 kg); and New Jersey 1,909,656 lb (866,205 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 14, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–06076 Filed 3–14–14; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 130919816–4205–02] RIN 0648–BD70 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2014 Annual Catch Limits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: This action adjusts 2014 annual catch limits (ACLs) for the Atlantic herring (herring) fishery to account for catch overages and SUMMARY: VerDate Mar<15>2010 15:37 Mar 18, 2014 Jkt 232001 underharvest in 2012. NMFS is decreasing three of the four ACLs and increasing one ACL. This results in a reduction to the overall catch available to the herring fleet. DATES: Effective March 19, 2014, through December 31, 2014. ADDRESSES: Copies of supporting documents, 2013–2015 Specifications/ Framework 2 and Amendment 4 to the Herring Fishery Management Plan (FMP), are available from: Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950, telephone (978) 465–0492. These documents are also accessible via the Internet at https://www.nero.nmfs.gov. FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 978–281–9233. SUPPLEMENTARY INFORMATION: Background The herring harvest in the United States is managed under the Herring FMP developed by the New England Fishery Management Council (Council), and implemented by NMFS. The Herring FMP divides the stock-wide herring ACL among three management areas, one of which has two sub-areas. It divides Area 1 (located in the Gulf of Maine (GOM)) into an inshore section (Area 1A) and an offshore section (Area 1B). Area 2 is located in the coastal waters between Massachusetts and North Carolina, and Area 3 is on Georges Bank (GB). The Herring FMP considers the herring stock complex to be a single stock, but there are inshore (GOM) and offshore (GB) stock components. The GOM and GB stock components segregate during spawning and mix during feeding and migration. Each management area has its own subACL to allow greater control of the fishing mortality on each stock component. Amendment 4 to the Herring FMP (76 FR 11373, March 2, 2011) revised the Herring FMP to address ACL and accountability measure (AM) requirements. As a way to account for ACL overages in the herring fishery, Amendment 4 established an AM that provided for overage deductions in the year immediately following the catch overage determination. If the catch of herring exceeds any ACL or sub-ACL, NMFS will subsequently deduct the overage from the corresponding ACL/ sub-ACL in the year following the catch PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 15253 overage determination. Amendment 4 also specified that NMFS will announce overage deductions in the Federal Register prior to the start of the fishing year, if possible. We published a final rule for Framework 2 and the 2013–15 specifications on October 4, 2013 (78 FR 61828). Among other measures, Framework 2 allows for the carryover of unharvested catch in the year immediately following the catch determination. Up to 10 percent of each sub-ACL may be carried over, provided catch did not exceed the stock-wide ACL. The carryover provision allows a sub-ACL increase for a management area, but it does not allow a corresponding increase to the stockwide ACL. The management area subACLs established in the specifications for 2014 are: 31,200 mt for Area 1A, 4,600 mt for Area 1B, 30,000 mt for Area 2, and 42,000 mt for Area 3 (Table 1). Final Adjustment to the 2014 Annual Catch Limits In accordance with regulations at § 648.201(a)(3), this action adjusts 2014 sub-ACLs for the herring fishery to account for catch overages and underharvest in 2012. We completed the 2012 catch determination in August 2013, so we will apply the adjustments for any overharvests or carryover in 2012 to the 2014 sub-ACLs. In 2012, the herring fleet underharvested the stockwide ACL of 90,683 mt by 122 mt. However, the fleet overharvested the sub-ACLs in herring management Areas 1B (overage of 1,584 mt); 2 (overage of 336 mt); and 3 (overage of 1,325 mt). In 2014, after deducting each 2012 overage, the sub-ACL for Area 1B will be 3,016 mt (4,600 mt reduced by 1,584 mt); the sub-ACL for Area 2 will be 29,664 mt (30,000 mt reduced by 336); and the sub-ACL for Area 3 will be 40,675 mt (42,000 mt reduced by 1,325 mt) (Table 1). The herring fleet underharvested the sub-ACL from Area 1A by 3,366 mt (approximately 12 percent of the 2012 Area 1A sub-ACL of 27,668 mt). Since the fleet did not exceed the stock-wide ACL in 2012, we will carry over 10 percent of the 2012 Area 1A sub-ACL to the 2014 Area 1A sub-ACL. After adding the carryover from the 2012 sub-ACL, 2014 Area 1A sub-ACL will be 33,967 mt (increased by 2,767 mt, equal to 10 percent of the 2012 Area 1A sub-ACL of 27,668 mt) (Table 1). E:\FR\FM\19MRR1.SGM 19MRR1 15254 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations TABLE 1—HERRING MANAGEMENT AREA 2014 HERRING QUOTAS (MT) Area Area Area Area Area 2014 1A ............................................................................................................................................................ 1B ............................................................................................................................................................ 2 .............................................................................................................................................................. 3 .............................................................................................................................................................. After deducting the overages and adding the carryover amount to the sub-ACLs, the total catch available to the herring fleet is reduced by 477 mt. The summary of the proposed rule incorrectly stated it was increased. The background section clearly noted, however, the overall catch may not increase as a result of carryover. The methods for determining the final 2012 catch rates and subsequent 2014 adjustments were discussed in detail in the proposed rule and are not repeated here (78 FR 70009, November 22, 2013). Comments and Responses NMFS received no comments on this action. to the Chief Council for Advocacy of the Small Business Administration (SBA) at the proposed rule stage that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities. No comments were received on this certification, and no other information has been received that would change the determination. As a result, a Final Regulatory Flexibility Analysis is not required, and none was prepared. Authority: 16 U.S.C. 1801 et seq. Dated: March 13, 2014. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2014–06063 Filed 3–18–14; 8:45 am] Changes From the Proposed Rule BILLING CODE 3510–22–P There are no changes from the proposed rule. DEPARTMENT OF COMMERCE wreier-aviles on DSK5TPTVN1PROD with RULES Classification The Administrator, Northeast Region, NMFS, determined that this final rule is necessary for the conservation and management of the herring fishery and that it is consistent with the MSA and other applicable law. The National Environmental Policy Act analyses to support this action were completed in Amendment 4 (76 FR 11373, March 2, 2011) and 2013–2015 Specifications/Framework 2 (78 FR 46897, August 2, 2013). There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this rule and establish the date of publication in the Federal Register as the effective date for this action because delaying the effectiveness of the rule is contrary to the public interest and impracticable. The 2014 herring fishing year began on January 1, 2014. To prevent confusion and potential overharvests, it is in the best interest of the fleet and the herring resource to have the proper sub-ACLs in place immediately. Accordingly, any delay in the rule’s effectiveness would undermine the conservation objectives of the MSA and the Herring FMP, which would be contrary to the public interest. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified VerDate Mar<15>2010 15:37 Mar 18, 2014 Jkt 232001 National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 100120035–4085–03] RIN 0648–AY26 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 14; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: This action corrects a mistake in the effective dates in the final rule for Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. DATES: Effective March 26, 2014, except for the amendments to § 648.7(b)(3)(ii)– (iii) and § 648.10 which are effective September 1, 2014. FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 978– 281–9195. SUPPLEMENTARY INFORMATION: SUMMARY: Background The final rule for Amendment 14 to the Atlantic Mackerel, Squid, and PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 31,200 4,600 30,000 42,000 2014 adjustment 33,967 3,016 29,664 40,675 Butterfish (MSB) Fishery Management Plan was published in the Federal Register on February 24, 2014 (79 FR 10029). The final measures in that action included: Revising vessel reporting requirements (vessel trip reporting frequency, pre-trip and prelanding vessel notification requirements, and requirements for vessel monitoring systems); expanding vessel requirements to maximize observer’s ability to sample catch at-sea; minimizing the discarding of unsampled catch; and a measure to allow the Council to set a cap on river herring and shad catch in the Atlantic mackerel fishery. The final rule set the effective date for amendments to regulations at § 648.7(b)(3)(ii)–(iii) and § 648.10 as April 25, 2014. These regulations establish vessel monitoring system requirements for limited access mackerel and longfin squid/butterfish moratorium permit holders. Because of the time and costs associated with purchasing and installing a new VMS unit, NMFS intended to allow these permit holders 6 months to complete purchase units, installation, and become familiar with the new requirements. To allow time for permit holders to comply with this new requirement, this correction adjusts the effective date for these measures to September 1, 2014. This correction does not change the intent or application of the measures described in the proposed and final rule. Classification Because it makes only minor, nonsubstantive changes and does not change operating practices in the fishery, it is unnecessary under 5 U.S.C. 553(b)(B) to provide for prior public comment. Because this correction notice does not constitute a substantive rule, it is not subject to the requirement for a 30-day delay in effective date in 5 U.S.C. 553(d). Because prior notice and opportunity for public comment are not required for this rule by 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. E:\FR\FM\19MRR1.SGM 19MRR1

Agencies

[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15253-15254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06063]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130919816-4205-02]
RIN 0648-BD70


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Adjustments to 2014 Annual Catch Limits

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action adjusts 2014 annual catch limits (ACLs) for the 
Atlantic herring (herring) fishery to account for catch overages and 
underharvest in 2012. NMFS is decreasing three of the four ACLs and 
increasing one ACL. This results in a reduction to the overall catch 
available to the herring fleet.

DATES: Effective March 19, 2014, through December 31, 2014.

ADDRESSES: Copies of supporting documents, 2013-2015 Specifications/
Framework 2 and Amendment 4 to the Herring Fishery Management Plan 
(FMP), are available from: Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950, telephone (978) 465-0492. These documents are 
also accessible via the Internet at https://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 
978-281-9233.

SUPPLEMENTARY INFORMATION: 

Background

    The herring harvest in the United States is managed under the 
Herring FMP developed by the New England Fishery Management Council 
(Council), and implemented by NMFS. The Herring FMP divides the stock-
wide herring ACL among three management areas, one of which has two 
sub-areas. It divides Area 1 (located in the Gulf of Maine (GOM)) into 
an inshore section (Area 1A) and an offshore section (Area 1B). Area 2 
is located in the coastal waters between Massachusetts and North 
Carolina, and Area 3 is on Georges Bank (GB). The Herring FMP considers 
the herring stock complex to be a single stock, but there are inshore 
(GOM) and offshore (GB) stock components. The GOM and GB stock 
components segregate during spawning and mix during feeding and 
migration. Each management area has its own sub-ACL to allow greater 
control of the fishing mortality on each stock component.
    Amendment 4 to the Herring FMP (76 FR 11373, March 2, 2011) revised 
the Herring FMP to address ACL and accountability measure (AM) 
requirements. As a way to account for ACL overages in the herring 
fishery, Amendment 4 established an AM that provided for overage 
deductions in the year immediately following the catch overage 
determination. If the catch of herring exceeds any ACL or sub-ACL, NMFS 
will subsequently deduct the overage from the corresponding ACL/sub-ACL 
in the year following the catch overage determination. Amendment 4 also 
specified that NMFS will announce overage deductions in the Federal 
Register prior to the start of the fishing year, if possible.
    We published a final rule for Framework 2 and the 2013-15 
specifications on October 4, 2013 (78 FR 61828). Among other measures, 
Framework 2 allows for the carryover of unharvested catch in the year 
immediately following the catch determination. Up to 10 percent of each 
sub-ACL may be carried over, provided catch did not exceed the stock-
wide ACL. The carryover provision allows a sub-ACL increase for a 
management area, but it does not allow a corresponding increase to the 
stock-wide ACL. The management area sub-ACLs established in the 
specifications for 2014 are: 31,200 mt for Area 1A, 4,600 mt for Area 
1B, 30,000 mt for Area 2, and 42,000 mt for Area 3 (Table 1).

Final Adjustment to the 2014 Annual Catch Limits

    In accordance with regulations at Sec.  648.201(a)(3), this action 
adjusts 2014 sub-ACLs for the herring fishery to account for catch 
overages and underharvest in 2012. We completed the 2012 catch 
determination in August 2013, so we will apply the adjustments for any 
overharvests or carryover in 2012 to the 2014 sub-ACLs. In 2012, the 
herring fleet underharvested the stockwide ACL of 90,683 mt by 122 mt. 
However, the fleet overharvested the sub-ACLs in herring management 
Areas 1B (overage of 1,584 mt); 2 (overage of 336 mt); and 3 (overage 
of 1,325 mt). In 2014, after deducting each 2012 overage, the sub-ACL 
for Area 1B will be 3,016 mt (4,600 mt reduced by 1,584 mt); the sub-
ACL for Area 2 will be 29,664 mt (30,000 mt reduced by 336); and the 
sub-ACL for Area 3 will be 40,675 mt (42,000 mt reduced by 1,325 mt) 
(Table 1).
    The herring fleet underharvested the sub-ACL from Area 1A by 3,366 
mt (approximately 12 percent of the 2012 Area 1A sub-ACL of 27,668 mt). 
Since the fleet did not exceed the stock-wide ACL in 2012, we will 
carry over 10 percent of the 2012 Area 1A sub-ACL to the 2014 Area 1A 
sub-ACL. After adding the carryover from the 2012 sub-ACL, 2014 Area 1A 
sub-ACL will be 33,967 mt (increased by 2,767 mt, equal to 10 percent 
of the 2012 Area 1A sub-ACL of 27,668 mt) (Table 1).

[[Page 15254]]



        Table 1--Herring Management Area 2014 Herring Quotas (mt)
------------------------------------------------------------------------
                Area                        2014         2014 adjustment
------------------------------------------------------------------------
Area 1A.............................            31,200            33,967
Area 1B.............................             4,600             3,016
Area 2..............................            30,000            29,664
Area 3..............................            42,000            40,675
------------------------------------------------------------------------

After deducting the overages and adding the carryover amount to the 
sub-ACLs, the total catch available to the herring fleet is reduced by 
477 mt. The summary of the proposed rule incorrectly stated it was 
increased. The background section clearly noted, however, the overall 
catch may not increase as a result of carryover. The methods for 
determining the final 2012 catch rates and subsequent 2014 adjustments 
were discussed in detail in the proposed rule and are not repeated here 
(78 FR 70009, November 22, 2013).

Comments and Responses

    NMFS received no comments on this action.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    The Administrator, Northeast Region, NMFS, determined that this 
final rule is necessary for the conservation and management of the 
herring fishery and that it is consistent with the MSA and other 
applicable law.
    The National Environmental Policy Act analyses to support this 
action were completed in Amendment 4 (76 FR 11373, March 2, 2011) and 
2013-2015 Specifications/Framework 2 (78 FR 46897, August 2, 2013).
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effectiveness for this rule and establish the date of 
publication in the Federal Register as the effective date for this 
action because delaying the effectiveness of the rule is contrary to 
the public interest and impracticable. The 2014 herring fishing year 
began on January 1, 2014. To prevent confusion and potential 
overharvests, it is in the best interest of the fleet and the herring 
resource to have the proper sub-ACLs in place immediately. Accordingly, 
any delay in the rule's effectiveness would undermine the conservation 
objectives of the MSA and the Herring FMP, which would be contrary to 
the public interest.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities. No comments were received on this 
certification, and no other information has been received that would 
change the determination. As a result, a Final Regulatory Flexibility 
Analysis is not required, and none was prepared.

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

    Dated: March 13, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-06063 Filed 3-18-14; 8:45 am]
BILLING CODE 3510-22-P

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