Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northern Red Hake Accountability Measure, 24354-24356 [2014-09875]
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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
overfished status, if red grouper
recreational landings exceed the
recreational ACL, then during the
following fishing year NMFS will
reduce the red grouper bag limit in the
Gulf EEZ by one fish and reduce the
length of the recreational red grouper
fishing season in the Gulf EEZ by the
amount necessary to ensure landings do
not exceed the recreational ACT in the
following fishing year.
NMFS determined that the 2013
recreational landings were 2,392,113 lb
(1,085,044 kg), which exceeded the 2013
recreational ACL of 1,900,000 lb
(861,826 kg) by 492,113 lb (223,219 kg).
Therefore, NMFS implements postseason AMs for the recreational sector
for red grouper in the Gulf EEZ for the
2014 fishing year through this
temporary rule.
Red grouper are part of the four-fish
grouper aggregate bag limit, as specified
in 50 CFR 622.38(b)(2). Through this
temporary rule, NMFS implements the
post-season AM to reduce the 2014 red
grouper bag limit in the Gulf EEZ from
four to three fish (within the current
four-fish grouper aggregate bag limit).
This bag limit reduction for red grouper
in the Gulf EEZ is effective at 12:01
a.m., local time, on May 5, 2014.
Based on the 2013 recreational ACL
overage, this rule also implements the
post-season AM to reduce the length of
the 2014 recreational red grouper
fishing season in the Gulf EEZ by the
amount necessary to ensure red grouper
recreational landings do not exceed the
recreational ACT in 2014. Therefore,
NMFS will close the recreational sector
for red grouper in the Gulf EEZ at 12:01
a.m., local time, September 16, 2014,
until January 1, 2015, unless further
notification is published in the Federal
Register. If NMFS determines the red
grouper recreational ACL is reached or
projected to be reached before
September 16, 2014, then NMFS will
file a notification with the Office of the
Federal Register to close the
recreational sector as specified in 50
CFR 622.41(e)(2)(i).
During the recreational sector closure,
the bag and possession limit for red
grouper in or from the Gulf EEZ is zero.
This bag and possession limit applies in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued,
without regard to where such species
were harvested, i.e. in state or Federal
waters.
The recreational sector for red grouper
will reopen on January 1, 2015, the
beginning of the 2015 recreational
fishing season. The 2015 bag limit for
red grouper will return to four fish, as
specified at 50 CFR 622.38(b)(2), unless
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AMs are implemented due to a
recreational ACL overage in 2014, or the
Council takes subsequent regulatory
action to adjust the bag limit.
[FR Doc. 2014–09865 Filed 4–25–14; 4:15 pm]
Classification
BILLING CODE 3510–22–P
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf red grouper and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.41(e)(2)(ii) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the AMs established by
Amendment 32 to the FMP (77 FR 6988,
February 10, 2012), modified by
Amendment 38 to the FMP (78 FR 6218,
January 30, 2013), and located at 50 CFR
622.41(e)(2)(ii) authorize the Assistant
Administrator, NMFS, to file a
notification with the Office of the
Federal Register to implement postseason AMs to reduce the bag limit and
recreational fishing season for red
grouper the year following a fishing year
when the recreational ACL is exceeded.
The rules establishing the AMs have
already been subject to notice and
comment and all that remains is to
notify the public of the reduced bag
limit for red grouper and the reduced
recreational fishing season for Gulf red
grouper in the 2014 fishing year.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the red grouper
resource. Any delay in notification to
the public of the 2014 reduced bag limit
and recreational fishing season could
result in the recreational ACT or ACL
for red grouper being exceeded, which
could trigger an in-season AM in 2014
or post-season AMs in 2015.
For the aforementioned reasons, the
Assistant Administrator, MFS, also
finds good cause to waive the 30-day
delay in the effectiveness of this action
under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Frm 00044
Fmt 4700
Dated: April 25, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140421359–4359–01]
RIN 0648–BE08
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northern
Red Hake Accountability Measure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action reduces the inseason possession limit adjustment
trigger for northern red hake beginning
in fishing year 2014 due to an annual
catch limit overage in 2012. This action
also makes some minor corrections and
clarifications to the accountability
measure regulations. These corrections
and clarifications are administrative in
nature and will not affect the smallmesh multispecies fishery, possession
limits, or how the accountability
measures function. This action is
required under the provisions of the
Northeast Multispecies Fishery
Management Plan.
DATES: This action is effective May 1,
2014.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281–9177, or
Jason.Berthiaume@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The small-mesh multispecies fishery
is managed as a component of the
Northeast Multispecies Fishery
Management Plan (FMP), using a series
of exemptions from the minimum mesh
size requirements of the groundfish
fishery. There are three species in the
small-mesh multispecies fishery,
managed as five stocks under the
regulations at 50 CFR 648.80 (northern
and southern silver hake, northern and
southern red hake, and offshore hake).
The northern stock areas are generally
in the Gulf of Maine and Georges Bank,
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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
and the southern stock areas are in
Southern New England and the MidAtlantic regions. Silver hake, also
known as ‘‘whiting,’’ is generally the
primary target species of the fishery.
Red hake is caught concurrently with
whiting and typically sold as bait.
Under the current regulations, once
90 percent of a small-mesh multispecies
stock’s total allowable landings (TAL) is
reached in a given fishing year, NMFS
is required to reduce the possession
limit for that stock to the prescribed
incidental level for the remainder of the
fishing year. Further, for accountability
measure purposes, if the full annual
catch limit (ACL) for that stock is
exceeded, NMFS is required to reduce
the in-season possession limit
adjustment trigger (i.e., the percentage
of the TAL of each small-mesh
multispecies stock that triggers the
reduction in the possession limit) in a
subsequent fishing year by 1 percent for
each 1 percent by which the ACL was
exceeded. In fishing year 2012, the
northern red hake ACL was 266 mt and
the commercial catch was 386 mt. This
equates to an ACL overage of 120 mt; 45
percent above the ACL. Therefore,
pursuant to current regulations, this
action reduces the trigger from 90
percent to 45 percent of the TAL for this
stock. This results in an in-season
adjustment trigger equal to 41 mt. Thus,
for fishing year 2014, if 45 percent, or
41 mt, of the northern red hake TAL is
projected to be reached or exceeded, the
possession limit for northern red hake
would be reduced from 5,000 lb (2,270
kg) to 400 lb (181.44 kg). The reduced
trigger would remain in effect until the
New England Fishery Management
Council changes it through
specifications or a framework action, or
unless the ACL is again exceeded, in
which case NMFS must further reduce
the percentage of the in-season
adjustment trigger. None of the catch of
other small-mesh multispecies stocks
exceeded their respective ACLs in 2012.
This is the first year in which this
accountability measure has been
triggered. In developing this action,
NMFS has discovered that some parts of
the Amendment 19 implementing
regulations regarding the accountability
measures for small-mesh multispecies
need to be clarified to better reflect the
intent of the Amendment 19.
Accordingly, this action clarifies the
small-mesh multispecies accountability
measure regulations at 648.86 and
648.90. Specifically, this action
specifies more clearly the possession
limit adjustment trigger for each
individual stock of the small-mesh
multispecies fishery and how the trigger
works. Since this is the first time the
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Jkt 232001
possession limit adjustment trigger has
had to be reduced, the current
regulations only broadly specify the
trigger for all small-mesh multispecies
stocks. As such, the regulations need to
be clarified to specify the triggers for
each individual stock since they are
being reduced for one stock (northern
red hake), but not the other stocks. In
addition, since a new section is needed
to specify the different possession limit
adjustment triggers for each stock, the
in-season adjustment accountability
measure regulations that cite the
possession limit adjustment triggers also
need to be adjusted to cite the correct
regulations. These clarifications are
administrative in nature and do not
affect the small-mesh multispecies
fishery, possession limits, or how the
accountability measures function,
outside of what was originally intended
in the implementing action and the
accountability measures.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
this would be impracticable, and
contrary to the public interest. Allowing
for prior notice and public comment is
impracticable because this is a nondiscretionary action required by
provisions of Amendment 19 to the
Northeast Multispecies FMP, which was
subject to public comment, and it must
be in place on or before May 1, 2014.
The proposed rule to implement
Amendment 19 requested public
comment on these measures including
the specific accountability measure
implemented by this rule, with the
understanding that possession limit
trigger adjustments would be required if
an ACL overage occurred. Based on
latest landings data received by NMFS,
we have determined that the
accountability measure was triggered
because the TAL was exceeded, thus it
is necessary to publish this rule to
reduce the possession limit adjustment
trigger for red hake. We received no
significant comments on Amendment 19
in opposition to the accountability
measures and their implementing
procedures. Providing for additional
public comment at this time, therefore,
would not serve any additional purpose
because the public has already had the
PO 00000
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24355
opportunity to comment on the
measures being implemented with this
action.
Providing public comment at this
time would also be contrary to the
public interest because it is imperative
to implement the accountability
measures at the beginning of the second
year following an ACL overage, which is
May 1, 2014. Given that the fishery has
surpassed its quota in the past, if the
AM is not implemented by May 1, there
is the potential that the fishery could
incur an additional quota overage
because fishermen would be unaware of
the new reduced trigger level, thereby
resulting in curtailed fishing
opportunities leading to unnecessary
adverse economic consequences for
fishermen that participate in this
fishery.
Regarding the changes to the
implementing regulations regarding the
accountability measures for small-mesh
multispecies, NMFS makes
clarifications to the regulations that do
not substantively impact regulated
entities. These corrections and
clarifications more clearly delineate the
different possession limit adjustment
triggers for each stock, and revise the inseason adjustment accountability
measure regulations to correctly cite the
different possession limit adjustment
triggers. As such, these corrections and
clarifications are administrative in
nature and will not affect the smallmesh multispecies fishery, possession
limits, or how the accountability
measures function.
For these same reasons, there is good
cause to waive the 30-day delay in
effectiveness requirement pursuant to 5
U.S.C. 553(d). NMFS was unable to
prepare this rule in time to allow public
comment and implement a final rule
before it has to be in place on or before
May 1, 2014. Moreover, providing for
additional public comment would be
impracticable because this is a nondiscretionary action required by
provisions of Amendment 19 to the
Northeast Multispecies FMP, which was
subject to public comment. Providing
public comment at this time would also
be contrary to the public interest
because it is imperative to implement
the accountability measures at the
beginning of the second year following
an ACL overage, which is May 1, 2014.
Given that the fishery has surpassed its
quota in the past, if the AM is not
implemented by May 1, there is the
potential that the fishery could incur an
additional quota overage because
fishermen would be unaware of the new
reduced trigger level, thereby resulting
in curtailed fishing opportunities
leading to unnecessary adverse
E:\FR\FM\30APR1.SGM
30APR1
24356
Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Rules and Regulations
economic consequences for fishermen
that participate in this fishery.
The changes to the implementing
regulations regarding the accountability
measures for small-mesh multispecies
are clarifications and do not
substantively impact regulated entities.
These corrections and clarifications
more clearly delineate the different
possession limit adjustment triggers for
each stock, and revise the in-season
adjustment accountability measure
regulations to correctly cite the different
possession limit adjustment triggers. As
such, these corrections and
clarifications are administrative in
nature and will not affect the smallmesh multispecies fishery, possession
limits, or how the accountability
measures function.
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., do not apply.
This rule is not significant for the
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 24, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
to read as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
such a reduction in the possession limit
would be expected to prevent the TAL
from being reached.
*
*
*
*
*
DEPARTMENT OF COMMERCE
3. In § 648.90, paragraph (b)(5) is
revised to read as follows:
50 CFR Part 648
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
RIN 0648–XD069
■
[Docket No. 140106010–4358–02]
* * *
(b) * * *
(5) Accountability measures for the
small-mesh multispecies fishery—(i) Inseason adjustment of possession limits.
In-season adjustment accountability
measures for the small-mesh
multispecies fishery are specified in
accordance with the procedures in
§ 648.86(d)(4).
(ii) Post-season adjustment for an
overage. If NMFS determines that a
small-mesh multispecies ACL was
exceeded in a given fishing year, the inseason accountability measure
adjustment trigger, as specified in
paragraph (b)(5)(iii) of this section, shall
be reduced in a subsequent fishing year
by 1 percent for each 1 percent by
which the ACL was exceeded through
notification consistent with the
Administrative Procedure Act. For
example, if the in-season adjustment
trigger is 90 percent, and an ACL is
exceeded by 5 percent, the adjustment
trigger for the stock whose ACL was
exceeded would be reduced to 85
percent for subsequent fishing years.
(iii) Small-mesh multispecies inseason adjustment triggers. The smallmesh multispecies in-season
accountability measure adjustment
triggers are as follow:
2. In § 648.86, paragraph (d)(4)
introductory text is revised to read as
follows:
■
§ 648.86 NE Multispecies possession
restrictions.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(d) * * *
(4) In-season adjustment of smallmesh multispecies possession limits. If
the Regional Administrator projects that
an in-season adjustment TAL trigger
level for any small-mesh multispecies
stock, as specified in § 648.90(b)(5)(iii),
has been reached or exceeded, the
Regional Administrator shall reduce the
possession limit of that stock to the
incidental level for that stock, as
specified in this paragraph (d)(4), for the
remainder of the fishing year through
notice consistent with the
Administrative Procedure Act, unless
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16:04 Apr 29, 2014
Jkt 232001
In-season
adjustment
trigger
(percent)
Species
*
*
*
90
*
[FR Doc. 2014–09875 Filed 4–29–14; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
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Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; 2014–2016 Atlantic Deep-Sea
Red Crab Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final
specifications for the 2014–2016
Atlantic deep-sea red crab fishery,
including an annual catch limit and
total allowable landings. This action
establishes the allowable 2014–2016
harvest levels and other management
measures to achieve the target fishing
mortality rate, consistent with the
Atlantic Deep-Sea Red Crab Fishery
Management Plan.
DATES: The final specifications for the
2014–2016 Atlantic deep-sea red crab
fishery are effective May 30, 2014,
through February 28, 2017.
ADDRESSES: Copies of the specifications
document, including the Amendment 3
Environmental Assessment and Initial
Regulatory Flexibility Analysis (EA/
IRFA) and other supporting documents
for the specifications, are available from
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The
specifications document is also
accessible via the Internet at: https://
www.nero.noaa.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, (978) 281–9224.
45
SUPPLEMENTARY INFORMATION:
90
90 Background
Northern Red Hake ................
Northern Silver Hake ..............
Southern Red Hake ................
Southern Whiting ....................
*
National Oceanic and Atmospheric
Administration
The Atlantic deep-sea red crab fishery
is managed by the New England Fishery
Management Council. Regulations
implementing the Atlantic Deep-Sea
Red Crab Fishery Management Plan
(FMP) appear at 50 CFR part 648,
subparts A and M. The regulations
requiring specifications are found at
§ 648.260.
The FMP requires the Council to
recommend the annual catch limit
(ACL) and total allowable landings
(TAL) that will control the fishing
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]]>Agencies
[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24354-24356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09875]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140421359-4359-01]
RIN 0648-BE08
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northern Red
Hake Accountability Measure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action reduces the in-season possession limit adjustment
trigger for northern red hake beginning in fishing year 2014 due to an
annual catch limit overage in 2012. This action also makes some minor
corrections and clarifications to the accountability measure
regulations. These corrections and clarifications are administrative in
nature and will not affect the small-mesh multispecies fishery,
possession limits, or how the accountability measures function. This
action is required under the provisions of the Northeast Multispecies
Fishery Management Plan.
DATES: This action is effective May 1, 2014.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281-9177, or Jason.Berthiaume@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies fishery is managed as a component of
the Northeast Multispecies Fishery Management Plan (FMP), using a
series of exemptions from the minimum mesh size requirements of the
groundfish fishery. There are three species in the small-mesh
multispecies fishery, managed as five stocks under the regulations at
50 CFR 648.80 (northern and southern silver hake, northern and southern
red hake, and offshore hake). The northern stock areas are generally in
the Gulf of Maine and Georges Bank,
[[Page 24355]]
and the southern stock areas are in Southern New England and the Mid-
Atlantic regions. Silver hake, also known as ``whiting,'' is generally
the primary target species of the fishery. Red hake is caught
concurrently with whiting and typically sold as bait.
Under the current regulations, once 90 percent of a small-mesh
multispecies stock's total allowable landings (TAL) is reached in a
given fishing year, NMFS is required to reduce the possession limit for
that stock to the prescribed incidental level for the remainder of the
fishing year. Further, for accountability measure purposes, if the full
annual catch limit (ACL) for that stock is exceeded, NMFS is required
to reduce the in-season possession limit adjustment trigger (i.e., the
percentage of the TAL of each small-mesh multispecies stock that
triggers the reduction in the possession limit) in a subsequent fishing
year by 1 percent for each 1 percent by which the ACL was exceeded. In
fishing year 2012, the northern red hake ACL was 266 mt and the
commercial catch was 386 mt. This equates to an ACL overage of 120 mt;
45 percent above the ACL. Therefore, pursuant to current regulations,
this action reduces the trigger from 90 percent to 45 percent of the
TAL for this stock. This results in an in-season adjustment trigger
equal to 41 mt. Thus, for fishing year 2014, if 45 percent, or 41 mt,
of the northern red hake TAL is projected to be reached or exceeded,
the possession limit for northern red hake would be reduced from 5,000
lb (2,270 kg) to 400 lb (181.44 kg). The reduced trigger would remain
in effect until the New England Fishery Management Council changes it
through specifications or a framework action, or unless the ACL is
again exceeded, in which case NMFS must further reduce the percentage
of the in-season adjustment trigger. None of the catch of other small-
mesh multispecies stocks exceeded their respective ACLs in 2012.
This is the first year in which this accountability measure has
been triggered. In developing this action, NMFS has discovered that
some parts of the Amendment 19 implementing regulations regarding the
accountability measures for small-mesh multispecies need to be
clarified to better reflect the intent of the Amendment 19.
Accordingly, this action clarifies the small-mesh multispecies
accountability measure regulations at 648.86 and 648.90. Specifically,
this action specifies more clearly the possession limit adjustment
trigger for each individual stock of the small-mesh multispecies
fishery and how the trigger works. Since this is the first time the
possession limit adjustment trigger has had to be reduced, the current
regulations only broadly specify the trigger for all small-mesh
multispecies stocks. As such, the regulations need to be clarified to
specify the triggers for each individual stock since they are being
reduced for one stock (northern red hake), but not the other stocks. In
addition, since a new section is needed to specify the different
possession limit adjustment triggers for each stock, the in-season
adjustment accountability measure regulations that cite the possession
limit adjustment triggers also need to be adjusted to cite the correct
regulations. These clarifications are administrative in nature and do
not affect the small-mesh multispecies fishery, possession limits, or
how the accountability measures function, outside of what was
originally intended in the implementing action and the accountability
measures.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment for this action because this would be
impracticable, and contrary to the public interest. Allowing for prior
notice and public comment is impracticable because this is a non-
discretionary action required by provisions of Amendment 19 to the
Northeast Multispecies FMP, which was subject to public comment, and it
must be in place on or before May 1, 2014. The proposed rule to
implement Amendment 19 requested public comment on these measures
including the specific accountability measure implemented by this rule,
with the understanding that possession limit trigger adjustments would
be required if an ACL overage occurred. Based on latest landings data
received by NMFS, we have determined that the accountability measure
was triggered because the TAL was exceeded, thus it is necessary to
publish this rule to reduce the possession limit adjustment trigger for
red hake. We received no significant comments on Amendment 19 in
opposition to the accountability measures and their implementing
procedures. Providing for additional public comment at this time,
therefore, would not serve any additional purpose because the public
has already had the opportunity to comment on the measures being
implemented with this action.
Providing public comment at this time would also be contrary to the
public interest because it is imperative to implement the
accountability measures at the beginning of the second year following
an ACL overage, which is May 1, 2014. Given that the fishery has
surpassed its quota in the past, if the AM is not implemented by May 1,
there is the potential that the fishery could incur an additional quota
overage because fishermen would be unaware of the new reduced trigger
level, thereby resulting in curtailed fishing opportunities leading to
unnecessary adverse economic consequences for fishermen that
participate in this fishery.
Regarding the changes to the implementing regulations regarding the
accountability measures for small-mesh multispecies, NMFS makes
clarifications to the regulations that do not substantively impact
regulated entities. These corrections and clarifications more clearly
delineate the different possession limit adjustment triggers for each
stock, and revise the in-season adjustment accountability measure
regulations to correctly cite the different possession limit adjustment
triggers. As such, these corrections and clarifications are
administrative in nature and will not affect the small-mesh
multispecies fishery, possession limits, or how the accountability
measures function.
For these same reasons, there is good cause to waive the 30-day
delay in effectiveness requirement pursuant to 5 U.S.C. 553(d). NMFS
was unable to prepare this rule in time to allow public comment and
implement a final rule before it has to be in place on or before May 1,
2014. Moreover, providing for additional public comment would be
impracticable because this is a non-discretionary action required by
provisions of Amendment 19 to the Northeast Multispecies FMP, which was
subject to public comment. Providing public comment at this time would
also be contrary to the public interest because it is imperative to
implement the accountability measures at the beginning of the second
year following an ACL overage, which is May 1, 2014. Given that the
fishery has surpassed its quota in the past, if the AM is not
implemented by May 1, there is the potential that the fishery could
incur an additional quota overage because fishermen would be unaware of
the new reduced trigger level, thereby resulting in curtailed fishing
opportunities leading to unnecessary adverse
[[Page 24356]]
economic consequences for fishermen that participate in this fishery.
The changes to the implementing regulations regarding the
accountability measures for small-mesh multispecies are clarifications
and do not substantively impact regulated entities. These corrections
and clarifications more clearly delineate the different possession
limit adjustment triggers for each stock, and revise the in-season
adjustment accountability measure regulations to correctly cite the
different possession limit adjustment triggers. As such, these
corrections and clarifications are administrative in nature and will
not affect the small-mesh multispecies fishery, possession limits, or
how the accountability measures function.
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., do not apply.
This rule is not significant for the purposes of Executive Order
12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 24, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
to read 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. 648.86, paragraph (d)(4) introductory text is revised to
read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(4) In-season adjustment of small-mesh multispecies possession
limits. If the Regional Administrator projects that an in-season
adjustment TAL trigger level for any small-mesh multispecies stock, as
specified in Sec. 648.90(b)(5)(iii), has been reached or exceeded, the
Regional Administrator shall reduce the possession limit of that stock
to the incidental level for that stock, as specified in this paragraph
(d)(4), for the remainder of the fishing year through notice consistent
with the Administrative Procedure Act, unless such a reduction in the
possession limit would be expected to prevent the TAL from being
reached.
* * * * *
0
3. In Sec. 648.90, paragraph (b)(5) is revised to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * *
(b) * * *
(5) Accountability measures for the small-mesh multispecies
fishery--(i) In-season adjustment of possession limits. In-season
adjustment accountability measures for the small-mesh multispecies
fishery are specified in accordance with the procedures in Sec.
648.86(d)(4).
(ii) Post-season adjustment for an overage. If NMFS determines that
a small-mesh multispecies ACL was exceeded in a given fishing year, the
in-season accountability measure adjustment trigger, as specified in
paragraph (b)(5)(iii) of this section, shall be reduced in a subsequent
fishing year by 1 percent for each 1 percent by which the ACL was
exceeded through notification consistent with the Administrative
Procedure Act. For example, if the in-season adjustment trigger is 90
percent, and an ACL is exceeded by 5 percent, the adjustment trigger
for the stock whose ACL was exceeded would be reduced to 85 percent for
subsequent fishing years.
(iii) Small-mesh multispecies in-season adjustment triggers. The
small-mesh multispecies in-season accountability measure adjustment
triggers are as follow:
------------------------------------------------------------------------
In-season
adjustment
Species trigger
(percent)
------------------------------------------------------------------------
Northern Red Hake......................................... 45
Northern Silver Hake...................................... 90
Southern Red Hake......................................... 90
Southern Whiting.......................................... 90
------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-09875 Filed 4-29-14; 8:45 am]
BILLING CODE 3510-22-P
