Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Gulf of Maine Haddock Annual Catch Limit Revision, 67090-67095 [2014-26748]
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67090
Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
extraordinary circumstances prevented
the presentation of evidence at the
hearing, and that the additional
evidence is material, the authority head
may remand the matter to the ALJ for
consideration of the additional
evidence.
§ 1149.66 How does the authority head
dispose of an appeal?
(a) The authority head may affirm,
reduce, reverse, compromise, remand,
or settle any penalty or assessment
imposed by the ALJ in the initial
decision or reconsideration decision.
(b) The authority head will promptly
serve each party to the appeal and the
ALJ with a copy of his or her decision.
This decision must contain a statement
describing the right of any person,
against whom a penalty or assessment
has been made, to seek judicial review.
§ 1149.67
appeal?
Who represents the NEA on an
The authority head will designate the
NEA’s representative in the event of an
appeal.
§ 1149.68 What judicial review is
available?
Section 3805 of title 31, United States
Code, authorizes Judicial review by the
appropriate United States District Court
of any final NEA decision by the
authority head imposing penalties or
assessments under this part. To obtain
judicial review, you must file a petition
with the appropriate court in a timely
manner. (See paragraphs (a) through (e)
of 31 U.S.C. 3805 for a description of
how judicial review is authorized.)
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§ 1149.69 Can the administrative
complaint be settled voluntarily?
(a) Parties may make offers of
compromise or settlement at any time.
Any compromise or settlement must be
in writing.
(b) The reviewing official has the
exclusive authority to compromise or
settle the case anytime after the date on
which the reviewing official is
permitted to issue a complaint and
before the ALJ issues an initial decision.
(c) The authority head has exclusive
authority to compromise or settle the
case anytime after the date of the ALJ’s
initial decision until the initiation of
any judicial review or any action to
collect the penalties and assessments.
(d) The Attorney General has
exclusive authority to compromise or
settle a case once any judicial review or
any action to recover penalties and
assessments is initiated.
(e) The investigating official may
recommend settlement terms to the
reviewing official, the authority head, or
the Attorney General, as appropriate.
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§ 1149.70 How are civil penalties and
assessments collected?
(a) Civil actions to recover penalties
or assessments must commence within
3 years after the date of a final decision
determining your liability.
(b) The Attorney General is
responsible for judicial enforcement of
civil penalties or assessments imposed.
He/she has exclusive authority to
compromise or settle any penalty or
assessment during the pendency of any
action to collect penalties or
assessments under 31 U.S.C. 3806.
(c) Penalties or assessments imposed
by a final decision may be recovered in
a civil action brought by the Attorney
General.
(1) The district courts of the United
States have jurisdiction of such civil
actions.
(2) The United States Court of Federal
Claims has jurisdiction of any civil
action to recover any penalty or
assessment if the cause of action is
asserted by the government as a
counterclaim in a matter pending in
such court.
(3) Civil actions may be joined and
consolidated with or asserted as a
counterclaim, cross-claim, or set off by
the government in any other civil action
which includes you and the government
as parties.
(4) Defenses raised at the hearing, or
that could have been raised, may not be
raised as a defense in the civil action.
Determination of liability and of the
amounts of penalties and assessments
must not be subject to review.
§ 1149.71
offset?
Is there a right to administrative
The amount of any penalty or
assessment which has become final, or
for which a judgment has been entered,
or any amount agreed upon in a
compromise or settlement, may be
collected by administrative offset,
except that an administrative offset may
not be made under this subsection
against a refund of an overpayment of
Federal taxes, then or later owing by the
United States to you.
§ 1149.72
What happens to collections?
All amounts collected pursuant to this
part must be deposited as miscellaneous
receipts in the Treasury of the United
States.
§ 1149.73 What if the investigation
indicates criminal misconduct or a violation
of the False Claims Act?
(a) Investigating officials may:
(1) Refer allegations of criminal
misconduct or a violation of the False
Claims Act directly to the Department of
Justice for prosecution and/or civil
action, as appropriate;
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(2) Defer or postpone a report or
referral to the reviewing official to avoid
interference with a criminal or civil
investigation, prosecution or litigation;
or
(3) Issue subpoenas under any other
statutory authority.
(b) Nothing in this part limits the
requirement that NEA employees report
suspected false or fraudulent conduct,
claims or statements, and violations of
criminal law to the NEA Office of
Inspector General or to the Attorney
General.
§ 1149.74
rights?
How does the NEA protect your
These procedures separate the
functions of the investigating official,
reviewing official, and the ALJ, each of
whom report to a separate
organizational authority. Except for
purposes of settlement, or as a witness
or a representative in public
proceedings, no investigating official,
reviewing official, or NEA employee or
agent who helps investigate, prepare, or
present a case may (in such case, or a
factually related case) participate in the
initial decision or the review of the
initial decision by the authority head.
This separation of functions and
organization is designed to assure the
independence and impartiality of each
government official during every stage
of the proceeding. The representative for
the NEA may be employed in the offices
of either the investigating official or the
reviewing official.
Dated: November 3, 2014.
India J. Pinkney,
General Counsel.
[FR Doc. 2014–26507 Filed 11–10–14; 8:45 am]
BILLING CODE 7537–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140903748–4748–01]
RIN 0648–BE45
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Gulf of Maine
Haddock Annual Catch Limit Revision
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
ACTION:
Temporary rule; emergency
action.
This action implements new
stock status determination criteria for
Gulf of Maine (GOM) haddock and
increases the associated GOM haddock
catch limits for the remainder of fishing
year 2014 based on the most recent and
best available scientific information.
This action is intended to provide
additional commercial fishing
opportunities for GOM haddock and
other healthy groundfish stocks.
DATES: Effective November 12, 2014,
through May 11, 2015. Comments must
be received by December 12, 2014.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2014–0133,
by any of the following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140133, 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. Mark the
outside of the envelope, ‘‘Comments on
the Gulf of Maine Haddock Emergency
Action.’’
Instructions: Supporting analysis
documents may be obtained at
www.regulations.gov. 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 generally 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.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, phone: 978–281–9182.
SUPPLEMENTARY INFORMATION: The
Secretary of Commerce (Secretary) finds
that emergency action, under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), is
necessary to revise the fishing year 2014
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SUMMARY:
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catch limits for Gulf of Maine (GOM)
haddock, managed by the Northeast
Multispecies Fishery Management Plan
(referred to as the groundfish plan). A
recent benchmark stock assessment
conducted by the Stock Assessment
Review Committee (SARC 59, August
2014) indicated that the GOM haddock
stock status is no longer overfished and
overfishing is not occurring. This
emergency action increases the GOM
haddock annual catch limit for the
remainder of fishing year 2014 based on
this updated stock assessment. This
action seeks to prevent foregone
economic yield or adverse community
impacts and preserves an economic
opportunity that otherwise would not be
available.
Background
The New England Fishery Management
Council Requests Assistance
On May 3, 2013, the final rule
implementing Framework Adjustment
(Framework) 50 to the groundfish plan
(78 FR 26172) implemented an
overfishing limit of 440 mt for GOM
haddock, with an allowable biological
catch of 341 mt and an annual catch
limit of 323 mt for fishing year 2014
(Table 1). These catch limits represented
substantial reductions of catch levels
from prior years and were implemented
when the stock was considered to be
approaching an overfished condition
and overfishing was occurring. The final
rule implementing Framework
Adjustment (Framework) 51 to the
groundfish plan (79 FR 22421; April 22,
2014) retained these limits.
On July 9, 2014, the New England
Fishery Management Council (Council)
requested that the National Marine
Fisheries Service (NMFS) increase the
GOM haddock annual catch limit for
fishing year 2014, pending the final
results of SARC 59, while the Council
developed GOM haddock specifications
for the next fishing year. The Council
requested our assistance, given the
substantially longer time it would take
to develop and implement new catch
limits. We can develop and implement
an emergency action more swiftly than
a Council action because Council
actions are subject to procedural and
other requirements not applicable to the
Secretary. A delay associated with a
Council action could result in overly
restrictive and economically harmful
catch limits that otherwise may have
been avoidable. Additional information
on emergency and interim measures can
be found in Section 305(c) of the
Magnuson-Stevens Act, available online
at www.nmfs.noaa.gov/sfa/magact/
MSA_Amended_2007%20.pdf.
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SARC 59
The previous benchmark assessment
for GOM haddock used a virtual
population analysis model that
incorporated commercial landings and
discards, as well as recreational
landings, but not recreational discards.
For SARC 59, the assessment was
conducted using a statistical catch-atage model and the catch inputs
included landings and discards from
both the commercial and recreational
fleets. Trawl gear is the primary mode
of capture in the commercial fishery
and, as such, commercial discards were
assumed to suffer 100 percent mortality,
consistent with the previous
assessment. SARC 59 was the first time
recreational discard-at-length data was
available and incorporated into the
model, and so the recreational discard
mortality increased from zero percent to
50 percent discard mortality.
The SARC determined that the change
in stock status from the 2012 update
(not overfished but approaching an
overfished condition and overfishing
occurring) to the current status (not
overfished and no overfishing) was due
primarily to the addition of three more
years of fishery and survey data, and to
the very strong 2010 year class of GOM
haddock. Additional information on
SARC 59 can be found online at
www.nefsc.noaa.gov/saw/reports.html.
Two models were presented at SARC
59: (1) A ‘‘final model’’ which utilized
an age-structured approach; and (2) a
‘‘sensitivity analysis’’ that was
completed for the purposes of
incorporating a more conservative
population estimate of the 2012 GOM
haddock year class because of
uncertainty of its size. The Council’s
Groundfish Plan Development Team
highlighted their concern regarding the
uncertainty with the 2012 year class and
recommended that the Council’s
Scientific and Statistical Committee
(SSC) establish fishing year 2015 catch
limits derived from the sensitivity
analysis. Despite this concern, the SSC
accepted the final model and
recommended the corresponding quotas
from this approach for fishing year
2015. Importantly, one of the SSC’s
justifications for selecting the final
model was that another operational
assessment is scheduled in 2015 that
will provide updated information on the
size of the 2012 year class. At the
September 30-October 2, 2014 Council
meeting, the Council supported
inclusion of GOM haddock
specifications derived from the final
model in Framework Adjustment 53,
which is scheduled for implementation
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
on May 1, 2015 (the beginning of fishing
year 2015).
Emergency Action
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Increasing GOM Haddock Catch Limits
Section 305(c) of the MagnusonStevens Act authorizes the Secretary to
promulgate emergency regulations to
address fishery emergencies. The
emergency criteria in the policy
guidelines (62 FR 44421; August 21,
1997) define the existence of an
emergency as a situation that:
• Results from recent, unforeseen
events or recently discovered
circumstances; and
• Presents serious conservation or
management problems in the fishery;
and
• Can be addressed through
emergency regulations for which the
immediate benefits outweigh the value
of advance notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rulemaking process.
The justifications described in the
guidelines include the prevention of
‘‘significant direct economic loss or to
preserve a significant economic
opportunity that otherwise might be
foregone,’’ and the prevention of
significant community impacts (62 FR
44422).
The SARC 59 provides recent
unforeseen or discovered circumstances
showing that the GOM haddock stock is
in better condition than previously
determined. Not taking emergency
action to align GOM haddock
specifications with the actual stock
condition could result in lost revenue
and harm to communities as fishermen
would likely have to modify or cease
their fishing operations. For example, as
of October 21, 2014, approximately 55
percent of the fishing year 2014
commercial GOM haddock fishery catch
limit has been caught. If catches
continue at this rate, the commercial
fishery may reach its GOM haddock
catch limit prior to the end of the
fishing year, or may be forced to
substantially modify fishing operations
to avoid reaching its quota. Increasing
the annual catch limit to more
accurately reflect the improved stock
condition will avoid potentially
constraining catch limits and help
fishermen achieve optimum yield of
both GOM haddock and potentially
other groundfish stocks for this fishing
year. Immediate action to increase
fishing opportunities may also prevent
or mitigate economic loss or adverse
community impacts from interim GOM
cod protections.
Emergency action to swiftly increase
the GOM haddock annual catch limit is
warranted. Using the normal Council
regulatory process to complete this
action prior to the end of the 2014
fishing year would be extremely
difficult, if not impossible. Even if it
were possible to complete it before the
end of the fishing year, the time
required for the Council process would
result in a rule issued so late in the
season that it would have little, if any,
benefit to the affected entities or
communities. The public had a
preliminary opportunity to comment on
the results from SARC 59 and a
potential Secretarial action to increase
the GOM haddock annual catch limit in
fishing year 2014, before the Council
voted to recommend this action. The
Council is using its normal process to
consider similar or higher catch limits
in Framework 53 for fishing year 2015.
The public will have further
opportunity to comment on issues
relating to the potential continuation or
increases of these limits in Framework
53. These opportunities to comment,
combined with the need for immediate
emergency action to provide economic
opportunities and prevent losses
outweigh the value of advance notice,
public comment, and deliberation
provided by the normal regulatory
process.
The duration of this emergency action
is limited by the Magnuson-Stevens Act
to an initial period of 180 days, with a
potential extension of an additional 186
days. We anticipate that the Council
will submit revised catch limits for
GOM haddock in time for us to approve
a catch limit increase in Framework 53
for fishing year 2015, which begins on
May 1, 2014. However, if the anticipated
Council action to specify catch levels for
fishing year 2015 is delayed, the annual
GOM haddock catch limit implemented
through this emergency action will be
extended for an additional period up to
186 days until Framework 53 is
approved, if necessary.
Tables 1 and 2 compare the initial and
revised status determination criteria and
associated catch levels for GOM
haddock for fishing year 2014. The
overfishing limit incorporated in this
emergency action is based on the ‘‘final
model’’ from SARC 59, which
represents the biological reference
points that result from the most recent
assessment. The allowable biological
catch and corresponding catch limits in
this action are derived from the
sensitivity model from SARC 59. Using
this model is more conservative than the
amount of catch that would be derived
from the allowable biological catch
control rule implemented in
Amendment 16, which calculates
allowable biological catch as the
projected catch associated with 75
percent of Fmsy. We have elected to
increase GOM haddock catch limits in
fishing year 2014 based on the
sensitivity analysis (which was
described above under SARC 59)
because we consider a cautionary
approach to increasing the quotas to be
more appropriate for an emergency
action. However, this cautious approach
still supplies a large GOM haddock
quota increase (almost 100 percent) for
the fishing industry while limiting the
risk of overfishing, given the Plan
Development Team’s concern pertaining
to the size of the 2012 year class for this
stock. Tables 3 and 4 provide the
increased sector specific allocations and
common pool trimester quotas derived
from this action. The sector specific
allocations are preliminary estimates;
final sector allocations will be provided
to sector managers shortly after
publication. Any Trimester 1 quota that
is unused by the common pool is
carried over into Trimester 2, and
unused Trimester 2 quota is carried over
to Trimester 3. We have elected not to
modify the common pool trip limit (25
lb per trip) at this time, but will review
common pool catch and make any
appropriate changes prior to Trimester
3.
TABLE 1—INITIAL AND REVISED GOM HADDOCK STATUS DETERMINATION CRITERIA AND POTENTIAL CATCH LEVELS FOR
FISHING YEAR 2014
Initial fishing year
2014 levels
(mt)
Catch level
Overfishing Limit of Catch .......................................................................................................................
Acceptable Biological Catch ....................................................................................................................
Total Annual Catch Limit (ACL) ...............................................................................................................
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440
341
323
12NOR1
Revised fishing
year 2014 levels
(mt)
1085
677
641
Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
67093
TABLE 1—INITIAL AND REVISED GOM HADDOCK STATUS DETERMINATION CRITERIA AND POTENTIAL CATCH LEVELS FOR
FISHING YEAR 2014—Continued
Initial fishing year
2014 levels
(mt)
Catch level
Groundfish sub-ACL ................................................................................................................................
Sector sub-ACL .......................................................................................................................................
Common Pool sub-ACL ...........................................................................................................................
Recreational sub-ACL ..............................................................................................................................
State Waters ACL subcomponent ...........................................................................................................
Other ACL subcomponent .......................................................................................................................
Mid-Water Trawl sub-ACL .......................................................................................................................
Revised fishing
year 2014 levels
(mt)
307
218
2
87
5
7
3
610
432
4
173
10
15
6
TABLE 2—STATUS DETERMINATION CRITERIA AND NUMERICAL ESTIMATES FOR GOM HADDOCK
Parameter
2012 update
operational assessment
August 2014
SARC 59
Model .......................................................................................................
Virtual Population Analysis (VPA)
Status Determination Criteria: Bmsy (biomass associated with maximum sustainable yield).
Status Determination Criteria: Fmsy (fishing mortality associated with
maximum sustainable yield).
Fishing Mortality ......................................................................................
Biomass ...................................................................................................
SSBmsy = 4,904 .............................
MSY = 1,117 .................................
Fmsy proxy = 0.46 ..........................
Age Structured
Assessment Program (ASAP).
SSBmsy = 4,108
MSY = 955.
Fmsy proxy = 0.46.
F2010 = 0.82 ...................................
B2010 = 2,868 mt ............................
F2013 = 0.39.
B2013 = 4,153 mt.
TABLE 3—INITIAL AND PRELIMINARY REVISED GOM HADDOCK ANNUAL CATCH ENTITLEMENT BY SECTOR FOR FISHING
YEAR 2014 (lb)
Initial fishing year
2014
allocation
Sector name
Revised
fishing year 2014
allocation
Fixed Gear Sector ...................................................................................................................................
Maine Coast Community Sector ..............................................................................................................
Maine Permit Bank ..................................................................................................................................
NEFS 1 ....................................................................................................................................................
NEFS 2 ....................................................................................................................................................
NEFS 3 ....................................................................................................................................................
NEFS 4 ....................................................................................................................................................
NEFS 5 ....................................................................................................................................................
NEFS 6 ....................................................................................................................................................
NEFS 7 ....................................................................................................................................................
NEFS 8 ....................................................................................................................................................
NEFS 9 ....................................................................................................................................................
NEFS 10 ..................................................................................................................................................
NEFS 11 ..................................................................................................................................................
NEFS 13 ..................................................................................................................................................
NCCS .......................................................................................................................................................
New Hamsphire Permit Bank ..................................................................................................................
Sustainable Harvest Sector 1 ..................................................................................................................
Sustainable Harvest Sector 3 ..................................................................................................................
8,922.32
12,375.78
5,431.97
12,03
79,343.13
45,030.20
40,511.81
1,406.55
18,669.52
2,275.42
974.47
23,256.90
12,284.38
15,567.10
4,793.20
1,774.68
150.95
207,161.20
316.08
17,682.41
25,526.55
10,765.18
23.85
157,243.67
89,241.68
80,287.05
2,787.53
36,981.77
4,509.48
1,931.22
46,090.95
24,345.41
30,851.16
9,499.25
3,457.64
299.15
410,555.83
626.41
Sector Total ......................................................................................................................................
480,218.71
951,706.18
NEFS = Northeast Fishery Sector, NCCS = Northeast Coastal Communities Sector.
TABLE 4—INITIAL AND REVISED GOM HADDOCK COMMON POOL TRIMESTER TACS FOR FISHING YEAR 2014 (mt)
Trimester
allocations
(percent)
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Trimester
Trimester 1 .................................................................................................................
Trimester 2 .................................................................................................................
Trimester 3 .................................................................................................................
An environmental assessment that
analyzes the impact of the revised GOM
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Revised allocation
.51
.49
.88
1.17
1.12
2.03
27
26
47
haddock catch limits for the remainder
of fishing year 2014 and compares the
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Initial fishing year
2014 allocation
impact to the current catch limits
specified for fishing year 2014 was
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
prepared and is available for review at
www.regulations.gov. The revision to
the status determination criteria and
annual catch limit align current
management measures with the best
available scientific information. The
revised level of GOM haddock catch for
fishing year 2014 is consistent with
sustaining the biomass over the longterm at the level associated with
maximum sustainable yield and fishing
at a sustainable level of mortality. Both
scientific and management uncertainty
are accounted for in this catch level, so
the risks of negative biological impacts
on GOM haddock have been minimized.
A larger catch limit for GOM haddock
may result in greater fishing effort and
catch of other groundfish and nongroundfish stocks in addition to GOM
haddock, as compared to the status quo,
because GOM haddock is less likely to
serve as a constraining or ‘‘choke stock.’’
While this increase would reduce the
constraint from GOM haddock, there are
several other stocks that may constrain
the fishery even more than GOM
haddock, particularly GOM cod (see
next section, GOM Cod Interim Action).
While there could be an effort increase
for GOM haddock as a result, a
substantial increase is unlikely.
Compared to the status quo, the impact
of the emergency action on protected
resources and essential fish habitat
would likely be negligible.
The increased GOM haddock catch
limits under this emergency action
would represent an increase in
operational flexibility and likely a small
increase in revenue. After the
substantial reduction in groundfish
catch limits from previous years,
combined with further restrictions that
will prevent vessels from targeting GOM
cod this year, this operational flexibility
and potential increase in revenue is
important. Further, the economic
analyses may undervalue the revenue
increase that could happen because
GOM haddock are more prevalent than
in the years during which the data were
gathered to incorporate into the model.
While Framework 51 did not assume
that GOM haddock would be a
constraining stock, as of October 21,
2014, more of the GOM haddock quota
has been caught than any other
allocated stock. Without an emergency
action raising this year’s catch limits, it
is likely that the limits will be reached
and many fishermen will lose the ability
to fish for other stocks within the GOM
haddock stock area (sector vessels are
required to stop fishing in a specific
stock area when they no longer have
quota for a given species). Increasing the
quota for this stock will provide an
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opportunity for operational flexibility
that may provide additional catch and
revenue from not only GOM haddock,
but other healthy stocks that are caught
in the GOM, such as pollock and
Acadian redfish. This is especially
important given the substantial
restrictions on opportunities to fish for
GOM cod.
Gulf of Maine Cod Interim Action
An August 2014 stock assessment
update on GOM cod (available online at
www.greateratlantic.fisheries.noaa.gov/
mediacenter/ongoing/gomcod/
index.html) indicated that the overall
stock health continues to decline and
that the stock is in very poor condition.
The Council has requested that we
implement interim management
measures to protect GOM cod and help
the stock rebuild. Because GOM cod and
haddock comingle, we are concerned
with how increased fishing effort on
GOM haddock from this action could
potentially increase catch of GOM cod.
To address these concerns, we are
concurrently implementing interim
measures for GOM cod that include
mortality and spawning area closures,
and other effort restrictions, to further
protect GOM cod. These GOM cod
management measures will reduce the
impact that increased the GOM haddock
catch limits could have on GOM cod.
On the other hand, efforts to reduce
GOM cod catch could also limit the
ability for fishermen to harvest GOM
haddock. Still, we believe that
fishermen should be provided with the
opportunity to target healthy groundfish
stocks, such as GOM haddock, pollock,
and redfish, if they are able to
successfully target these stocks while
avoiding GOM cod. It is critical for
fishermen to have operational flexibility
that could mitigate economic loss and
adverse community impacts that could
result from the GOM cod interim
measures.
The Recreational Groundfish Fishery
While this action increases both the
commercial and recreational GOM
haddock catch limits, it does not modify
current recreational management
measures as requested by the Council in
their July 9, 2014 letter to us.
Recreational catch models suggest that
the fishery has likely already exceeded
the 173 mt allocation specified for
recreational vessels in this emergency
action. Because of this, and the
increased concerns for GOM cod
bycatch when recreational fishermen
target GOM haddock, we are not
liberalizing recreational management
measures in this action.
PO 00000
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Classification
NMFS has determined that this rule is
necessary to respond to an emergency
situation and is consistent with the
Magnuson-Stevens Act and other
applicable law.
The Assistant Administrator for
Fisheries, NOAA, finds it impracticable
and contrary to the public interest to
provide for prior notice and opportunity
for the public to comment under the
provisions of section 553(b)(B) of the
Administrative Procedure Act. As
explained above, the reasons justifying
promulgation of this rule on an
emergency basis make solicitation of
public comment contrary to the public
interest. Implementation delays would
result in negative consequences
inconsistent with the Magnuson-Stevens
Act and groundfish plan mandates. The
immediate benefit of an emergency
action outweighs the value that would
be derived from the normal regulatory
process. This action was initiated as a
result of a new benchmark stock
assessment that revised the stock status
for GOM haddock (SARC 59). As a
result of the new assessment, the SSC
recommended, and the Council voted in
support of, higher fishing year 2015
specifications for GOM haddock.
Although the Council could have
initiated a management action to modify
the GOM haddock catch limits for the
remainder of fishing year 2014, such an
action was unlikely to have been
completed before the end of fishing year
2014, potentially resulting in status quo
restrictive catch limits that otherwise
could have been avoided. The
regulations require that when the catch
limit of a single allocated groundfish
stock, such as GOM haddock, is
projected to be achieved, a reduction or
cessation of fishing effort is required. As
a result, catches of healthy groundfish
stocks that are caught concurrently with
GOM haddock could also be reduced.
Thus, the time necessary to provide for
prior notice, opportunity for public
comment, and delayed effectiveness for
this action could severely curtail fishing
operations if the current catch limits are
reached prior to implementation of the
increased catch limits.
An emergency action can be
developed and implemented by NMFS
much more swiftly than a Council
action which is subject to procedural
and other requirements not applicable
to the Secretary. Thus, we initiated this
temporary rule at the request of the
Council, to revise the GOM haddock
catch limits as soon as possible in
fishing year 2014. This action will
benefit fishermen and fishing
communities by increasing revenues
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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations
associated with larger GOM haddock
catches, as well as other healthy
groundfish stocks such as pollock and
Acadian redfish, that would likely have
been foregone due to the lower catch
limit of GOM haddock.
The Assistant Administrator for
Fisheries, NOAA, finds good cause to
waive the requirement for a 30-day
delay in effectiveness under the
provisions of section 553(d) of the
Administrative Procedure Act. As stated
above, this action would benefit the
affected fishermen and fishing
communities by increasing revenues
due to larger GOM haddock catch limits,
and provide more opportunity for
commercial groundfish vessels to
harvest their allocations of other stocks
caught concurrently. This rule relieves a
restriction by increasing the catch limit
for GOM haddock and, consequently,
extends fishing opportunity for
fishermen that would otherwise be
constrained under the current catch
limits, which are based on outdated
biological information and therefore,
needlessly restrictive. If implementation
of this rulemaking were delayed to
allow for a 30-day delay in
effectiveness, the fishery would likely
forego some amount of the increase in
catch level and the resulting additional
fishing opportunity and could suffer an
early end to the fishing season. Without
immediate effectiveness of this action, if
the common pool is projected to catch
its current catch limit, an in-season
action would be needed to implement a
more restrictive trip limit to ensure the
common pool did not exceed its current
catch limit. Similarly, sector vessels
would still be required to end fishing
effort in the GOM if they reached their
allocations under the current GOM
haddock catch limit. While these
restrictions would be alleviated after
this rule becomes effective, the lost
economic opportunity of foregone
catches that would result from a delay
in the effectiveness of this action may
not be recouped in the time remaining
before the end of fishing year 2014. For
these reasons, the AA finds good cause
to implement this rule immediately.
NMFS has consulted with the Office
of Information and Regulatory Affairs
(OIRA) and due to the circumstances
described above this action is exempt
from review under Executive Order
12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act to prepare a regulatory flexibility
analysis because the rule is issued
without opportunity for prior public
comment.
Authority: 16 U.S.C. 1801 et seq.
VerDate Sep<11>2014
14:57 Nov 10, 2014
Jkt 235001
Dated: November 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–26748 Filed 11–10–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120814338–2711–02]
RIN 0648–BE59
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time)
November 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (West Coast Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736, gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpo.gov/fdsys/search/home.action,
or https://federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/. Copies of the
final environmental impact statement
(FEIS) for the 2013–2014 Groundfish
Specifications and Management
Measures are available from Donald
McIsaac, Executive Director, Pacific
Fishery Management Council (Council),
7700 NE Ambassador Place, Portland,
OR 97220, phone: 503–820–2280.
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67095
Background
The PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
On November 14, 2012, NMFS
published a proposed rule to implement
the 2013–2014 harvest specifications
and management measures for most
species of the Pacific Coast groundfish
fishery (77 FR 67974). The final rule to
implement the 2013–2014 harvest
specifications and management
measures for most species of the Pacific
Coast Groundfish Fishery was published
on January 3, 2013 (78 FR 580).
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommended changes to
current groundfish management
measures at its October 17, 2014
meeting. Specifically, the Council
recommended changing the amount of
darkblotched rockfish initially deducted
from the annual catch limit (ACL) to
account for mortality in the incidental
open access sector from 18.4 metric tons
(mt) to 15.4 mt. The Council also
recommended that the corresponding 3
mt of darkblotched rockfish previously
deducted from the ACL be made
available to the catcher/processor (C/P)
sector of the at-sea Pacific whiting
fishery. This rule implements the
Council’s recommended changes.
As part of the biennial harvest
specifications and management
measures, ACLs are set for non-whiting
groundfish species, deductions are
made from the ACL for various sources
of mortality (including non-groundfish
fisheries that catch groundfish
incidentally, also called incidental open
access fisheries) and the remainder, the
fishery harvest guideline, is allocated
amongst the various groundfish
fisheries. The limited availability of
overfished species that can be taken as
incidental catch in the Pacific whiting
fisheries, particularly darkblotched
rockfish, Pacific ocean perch, and
canary rockfish, led NMFS to
implement sector-specific allocations
for these species to the Pacific whiting
fisheries. If the sector-specific allocation
for a non-whiting species is reached,
NMFS may close one or more of the atsea sectors automatically, per
regulations at § 660.60(d). At the start of
2014, the C/P and Mothership (MS)
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]]>Agencies
[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67090-67095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26748]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140903748-4748-01]
RIN 0648-BE45
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Gulf of Maine Haddock Annual Catch Limit Revision
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 67091]]
ACTION: Temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: This action implements new stock status determination criteria
for Gulf of Maine (GOM) haddock and increases the associated GOM
haddock catch limits for the remainder of fishing year 2014 based on
the most recent and best available scientific information. This action
is intended to provide additional commercial fishing opportunities for
GOM haddock and other healthy groundfish stocks.
DATES: Effective November 12, 2014, through May 11, 2015. Comments must
be received by December 12, 2014.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0133,
by any of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0133, 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. Mark the outside of the envelope,
``Comments on the Gulf of Maine Haddock Emergency Action.''
Instructions: Supporting analysis documents may be obtained at
www.regulations.gov. 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 generally 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.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone: 978-281-9182.
SUPPLEMENTARY INFORMATION: The Secretary of Commerce (Secretary) finds
that emergency action, under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), is
necessary to revise the fishing year 2014 catch limits for Gulf of
Maine (GOM) haddock, managed by the Northeast Multispecies Fishery
Management Plan (referred to as the groundfish plan). A recent
benchmark stock assessment conducted by the Stock Assessment Review
Committee (SARC 59, August 2014) indicated that the GOM haddock stock
status is no longer overfished and overfishing is not occurring. This
emergency action increases the GOM haddock annual catch limit for the
remainder of fishing year 2014 based on this updated stock assessment.
This action seeks to prevent foregone economic yield or adverse
community impacts and preserves an economic opportunity that otherwise
would not be available.
Background
The New England Fishery Management Council Requests Assistance
On May 3, 2013, the final rule implementing Framework Adjustment
(Framework) 50 to the groundfish plan (78 FR 26172) implemented an
overfishing limit of 440 mt for GOM haddock, with an allowable
biological catch of 341 mt and an annual catch limit of 323 mt for
fishing year 2014 (Table 1). These catch limits represented substantial
reductions of catch levels from prior years and were implemented when
the stock was considered to be approaching an overfished condition and
overfishing was occurring. The final rule implementing Framework
Adjustment (Framework) 51 to the groundfish plan (79 FR 22421; April
22, 2014) retained these limits.
On July 9, 2014, the New England Fishery Management Council
(Council) requested that the National Marine Fisheries Service (NMFS)
increase the GOM haddock annual catch limit for fishing year 2014,
pending the final results of SARC 59, while the Council developed GOM
haddock specifications for the next fishing year. The Council requested
our assistance, given the substantially longer time it would take to
develop and implement new catch limits. We can develop and implement an
emergency action more swiftly than a Council action because Council
actions are subject to procedural and other requirements not applicable
to the Secretary. A delay associated with a Council action could result
in overly restrictive and economically harmful catch limits that
otherwise may have been avoidable. Additional information on emergency
and interim measures can be found in Section 305(c) of the Magnuson-
Stevens Act, available online at www.nmfs.noaa.gov/sfa/magact/MSA_Amended_2007%20.pdf.
SARC 59
The previous benchmark assessment for GOM haddock used a virtual
population analysis model that incorporated commercial landings and
discards, as well as recreational landings, but not recreational
discards. For SARC 59, the assessment was conducted using a statistical
catch-at-age model and the catch inputs included landings and discards
from both the commercial and recreational fleets. Trawl gear is the
primary mode of capture in the commercial fishery and, as such,
commercial discards were assumed to suffer 100 percent mortality,
consistent with the previous assessment. SARC 59 was the first time
recreational discard-at-length data was available and incorporated into
the model, and so the recreational discard mortality increased from
zero percent to 50 percent discard mortality.
The SARC determined that the change in stock status from the 2012
update (not overfished but approaching an overfished condition and
overfishing occurring) to the current status (not overfished and no
overfishing) was due primarily to the addition of three more years of
fishery and survey data, and to the very strong 2010 year class of GOM
haddock. Additional information on SARC 59 can be found online at
www.nefsc.noaa.gov/saw/reports.html.
Two models were presented at SARC 59: (1) A ``final model'' which
utilized an age-structured approach; and (2) a ``sensitivity analysis''
that was completed for the purposes of incorporating a more
conservative population estimate of the 2012 GOM haddock year class
because of uncertainty of its size. The Council's Groundfish Plan
Development Team highlighted their concern regarding the uncertainty
with the 2012 year class and recommended that the Council's Scientific
and Statistical Committee (SSC) establish fishing year 2015 catch
limits derived from the sensitivity analysis. Despite this concern, the
SSC accepted the final model and recommended the corresponding quotas
from this approach for fishing year 2015. Importantly, one of the SSC's
justifications for selecting the final model was that another
operational assessment is scheduled in 2015 that will provide updated
information on the size of the 2012 year class. At the September 30-
October 2, 2014 Council meeting, the Council supported inclusion of GOM
haddock specifications derived from the final model in Framework
Adjustment 53, which is scheduled for implementation
[[Page 67092]]
on May 1, 2015 (the beginning of fishing year 2015).
Emergency Action
Increasing GOM Haddock Catch Limits
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
to promulgate emergency regulations to address fishery emergencies. The
emergency criteria in the policy guidelines (62 FR 44421; August 21,
1997) define the existence of an emergency as a situation that:
Results from recent, unforeseen events or recently
discovered circumstances; and
Presents serious conservation or management problems in
the fishery; and
Can be addressed through emergency regulations for which
the immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process.
The justifications described in the guidelines include the
prevention of ``significant direct economic loss or to preserve a
significant economic opportunity that otherwise might be foregone,''
and the prevention of significant community impacts (62 FR 44422).
The SARC 59 provides recent unforeseen or discovered circumstances
showing that the GOM haddock stock is in better condition than
previously determined. Not taking emergency action to align GOM haddock
specifications with the actual stock condition could result in lost
revenue and harm to communities as fishermen would likely have to
modify or cease their fishing operations. For example, as of October
21, 2014, approximately 55 percent of the fishing year 2014 commercial
GOM haddock fishery catch limit has been caught. If catches continue at
this rate, the commercial fishery may reach its GOM haddock catch limit
prior to the end of the fishing year, or may be forced to substantially
modify fishing operations to avoid reaching its quota. Increasing the
annual catch limit to more accurately reflect the improved stock
condition will avoid potentially constraining catch limits and help
fishermen achieve optimum yield of both GOM haddock and potentially
other groundfish stocks for this fishing year. Immediate action to
increase fishing opportunities may also prevent or mitigate economic
loss or adverse community impacts from interim GOM cod protections.
Emergency action to swiftly increase the GOM haddock annual catch
limit is warranted. Using the normal Council regulatory process to
complete this action prior to the end of the 2014 fishing year would be
extremely difficult, if not impossible. Even if it were possible to
complete it before the end of the fishing year, the time required for
the Council process would result in a rule issued so late in the season
that it would have little, if any, benefit to the affected entities or
communities. The public had a preliminary opportunity to comment on the
results from SARC 59 and a potential Secretarial action to increase the
GOM haddock annual catch limit in fishing year 2014, before the Council
voted to recommend this action. The Council is using its normal process
to consider similar or higher catch limits in Framework 53 for fishing
year 2015. The public will have further opportunity to comment on
issues relating to the potential continuation or increases of these
limits in Framework 53. These opportunities to comment, combined with
the need for immediate emergency action to provide economic
opportunities and prevent losses outweigh the value of advance notice,
public comment, and deliberation provided by the normal regulatory
process.
The duration of this emergency action is limited by the Magnuson-
Stevens Act to an initial period of 180 days, with a potential
extension of an additional 186 days. We anticipate that the Council
will submit revised catch limits for GOM haddock in time for us to
approve a catch limit increase in Framework 53 for fishing year 2015,
which begins on May 1, 2014. However, if the anticipated Council action
to specify catch levels for fishing year 2015 is delayed, the annual
GOM haddock catch limit implemented through this emergency action will
be extended for an additional period up to 186 days until Framework 53
is approved, if necessary.
Tables 1 and 2 compare the initial and revised status determination
criteria and associated catch levels for GOM haddock for fishing year
2014. The overfishing limit incorporated in this emergency action is
based on the ``final model'' from SARC 59, which represents the
biological reference points that result from the most recent
assessment. The allowable biological catch and corresponding catch
limits in this action are derived from the sensitivity model from SARC
59. Using this model is more conservative than the amount of catch that
would be derived from the allowable biological catch control rule
implemented in Amendment 16, which calculates allowable biological
catch as the projected catch associated with 75 percent of Fmsy. We
have elected to increase GOM haddock catch limits in fishing year 2014
based on the sensitivity analysis (which was described above under SARC
59) because we consider a cautionary approach to increasing the quotas
to be more appropriate for an emergency action. However, this cautious
approach still supplies a large GOM haddock quota increase (almost 100
percent) for the fishing industry while limiting the risk of
overfishing, given the Plan Development Team's concern pertaining to
the size of the 2012 year class for this stock. Tables 3 and 4 provide
the increased sector specific allocations and common pool trimester
quotas derived from this action. The sector specific allocations are
preliminary estimates; final sector allocations will be provided to
sector managers shortly after publication. Any Trimester 1 quota that
is unused by the common pool is carried over into Trimester 2, and
unused Trimester 2 quota is carried over to Trimester 3. We have
elected not to modify the common pool trip limit (25 lb per trip) at
this time, but will review common pool catch and make any appropriate
changes prior to Trimester 3.
Table 1--Initial and Revised GOM Haddock Status Determination Criteria
and Potential Catch Levels for Fishing Year 2014
------------------------------------------------------------------------
Initial fishing Revised fishing
Catch level year 2014 levels year 2014 levels
(mt) (mt)
------------------------------------------------------------------------
Overfishing Limit of Catch...... 440 1085
Acceptable Biological Catch..... 341 677
Total Annual Catch Limit (ACL).. 323 641
[[Page 67093]]
Groundfish sub-ACL.............. 307 610
Sector sub-ACL.................. 218 432
Common Pool sub-ACL............. 2 4
Recreational sub-ACL............ 87 173
State Waters ACL subcomponent... 5 10
Other ACL subcomponent.......... 7 15
Mid-Water Trawl sub-ACL......... 3 6
------------------------------------------------------------------------
Table 2--Status Determination Criteria and Numerical Estimates for GOM
Haddock
------------------------------------------------------------------------
2012 update
Parameter operational August 2014 SARC
assessment 59
------------------------------------------------------------------------
Model........................... Virtual Population Age Structured
Analysis (VPA). Assessment Program
(ASAP).
Status Determination Criteria: SSBmsy = 4,904.... SSBmsy = 4,108
Bmsy (biomass associated with MSY = 1,117....... MSY = 955.
maximum sustainable yield).
Status Determination Criteria: Fmsy proxy = 0.46. Fmsy proxy = 0.46.
Fmsy (fishing mortality
associated with maximum
sustainable yield).
Fishing Mortality............... F2010 = 0.82...... F2013 = 0.39.
Biomass......................... B2010 = 2,868 mt.. B2013 = 4,153 mt.
------------------------------------------------------------------------
Table 3--Initial and Preliminary Revised GOM Haddock Annual Catch
Entitlement by Sector for Fishing Year 2014 (lb)
------------------------------------------------------------------------
Initial fishing Revised fishing
Sector name year 2014 year 2014
allocation allocation
------------------------------------------------------------------------
Fixed Gear Sector............... 8,922.32 17,682.41
Maine Coast Community Sector.... 12,375.78 25,526.55
Maine Permit Bank............... 5,431.97 10,765.18
NEFS 1.......................... 12,03 23.85
NEFS 2.......................... 79,343.13 157,243.67
NEFS 3.......................... 45,030.20 89,241.68
NEFS 4.......................... 40,511.81 80,287.05
NEFS 5.......................... 1,406.55 2,787.53
NEFS 6.......................... 18,669.52 36,981.77
NEFS 7.......................... 2,275.42 4,509.48
NEFS 8.......................... 974.47 1,931.22
NEFS 9.......................... 23,256.90 46,090.95
NEFS 10......................... 12,284.38 24,345.41
NEFS 11......................... 15,567.10 30,851.16
NEFS 13......................... 4,793.20 9,499.25
NCCS............................ 1,774.68 3,457.64
New Hamsphire Permit Bank....... 150.95 299.15
Sustainable Harvest Sector 1.... 207,161.20 410,555.83
Sustainable Harvest Sector 3.... 316.08 626.41
---------------------------------------
Sector Total................ 480,218.71 951,706.18
------------------------------------------------------------------------
NEFS = Northeast Fishery Sector, NCCS = Northeast Coastal Communities
Sector.
Table 4--Initial and Revised GOM Haddock Common Pool Trimester TACs for Fishing Year 2014 (mt)
----------------------------------------------------------------------------------------------------------------
Trimester Initial fishing
Trimester allocations year 2014 Revised
(percent) allocation allocation
----------------------------------------------------------------------------------------------------------------
Trimester 1............................................ 27 .51 1.17
Trimester 2............................................ 26 .49 1.12
Trimester 3............................................ 47 .88 2.03
----------------------------------------------------------------------------------------------------------------
An environmental assessment that analyzes the impact of the revised
GOM haddock catch limits for the remainder of fishing year 2014 and
compares the impact to the current catch limits specified for fishing
year 2014 was
[[Page 67094]]
prepared and is available for review at www.regulations.gov. The
revision to the status determination criteria and annual catch limit
align current management measures with the best available scientific
information. The revised level of GOM haddock catch for fishing year
2014 is consistent with sustaining the biomass over the long-term at
the level associated with maximum sustainable yield and fishing at a
sustainable level of mortality. Both scientific and management
uncertainty are accounted for in this catch level, so the risks of
negative biological impacts on GOM haddock have been minimized. A
larger catch limit for GOM haddock may result in greater fishing effort
and catch of other groundfish and non-groundfish stocks in addition to
GOM haddock, as compared to the status quo, because GOM haddock is less
likely to serve as a constraining or ``choke stock.'' While this
increase would reduce the constraint from GOM haddock, there are
several other stocks that may constrain the fishery even more than GOM
haddock, particularly GOM cod (see next section, GOM Cod Interim
Action). While there could be an effort increase for GOM haddock as a
result, a substantial increase is unlikely. Compared to the status quo,
the impact of the emergency action on protected resources and essential
fish habitat would likely be negligible.
The increased GOM haddock catch limits under this emergency action
would represent an increase in operational flexibility and likely a
small increase in revenue. After the substantial reduction in
groundfish catch limits from previous years, combined with further
restrictions that will prevent vessels from targeting GOM cod this
year, this operational flexibility and potential increase in revenue is
important. Further, the economic analyses may undervalue the revenue
increase that could happen because GOM haddock are more prevalent than
in the years during which the data were gathered to incorporate into
the model. While Framework 51 did not assume that GOM haddock would be
a constraining stock, as of October 21, 2014, more of the GOM haddock
quota has been caught than any other allocated stock. Without an
emergency action raising this year's catch limits, it is likely that
the limits will be reached and many fishermen will lose the ability to
fish for other stocks within the GOM haddock stock area (sector vessels
are required to stop fishing in a specific stock area when they no
longer have quota for a given species). Increasing the quota for this
stock will provide an opportunity for operational flexibility that may
provide additional catch and revenue from not only GOM haddock, but
other healthy stocks that are caught in the GOM, such as pollock and
Acadian redfish. This is especially important given the substantial
restrictions on opportunities to fish for GOM cod.
Gulf of Maine Cod Interim Action
An August 2014 stock assessment update on GOM cod (available online
at www.greateratlantic.fisheries.noaa.gov/mediacenter/ongoing/gomcod/) indicated that the overall stock health continues to
decline and that the stock is in very poor condition. The Council has
requested that we implement interim management measures to protect GOM
cod and help the stock rebuild. Because GOM cod and haddock comingle,
we are concerned with how increased fishing effort on GOM haddock from
this action could potentially increase catch of GOM cod. To address
these concerns, we are concurrently implementing interim measures for
GOM cod that include mortality and spawning area closures, and other
effort restrictions, to further protect GOM cod. These GOM cod
management measures will reduce the impact that increased the GOM
haddock catch limits could have on GOM cod.
On the other hand, efforts to reduce GOM cod catch could also limit
the ability for fishermen to harvest GOM haddock. Still, we believe
that fishermen should be provided with the opportunity to target
healthy groundfish stocks, such as GOM haddock, pollock, and redfish,
if they are able to successfully target these stocks while avoiding GOM
cod. It is critical for fishermen to have operational flexibility that
could mitigate economic loss and adverse community impacts that could
result from the GOM cod interim measures.
The Recreational Groundfish Fishery
While this action increases both the commercial and recreational
GOM haddock catch limits, it does not modify current recreational
management measures as requested by the Council in their July 9, 2014
letter to us. Recreational catch models suggest that the fishery has
likely already exceeded the 173 mt allocation specified for
recreational vessels in this emergency action. Because of this, and the
increased concerns for GOM cod bycatch when recreational fishermen
target GOM haddock, we are not liberalizing recreational management
measures in this action.
Classification
NMFS has determined that this rule is necessary to respond to an
emergency situation and is consistent with the Magnuson-Stevens Act and
other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds it
impracticable and contrary to the public interest to provide for prior
notice and opportunity for the public to comment under the provisions
of section 553(b)(B) of the Administrative Procedure Act. As explained
above, the reasons justifying promulgation of this rule on an emergency
basis make solicitation of public comment contrary to the public
interest. Implementation delays would result in negative consequences
inconsistent with the Magnuson-Stevens Act and groundfish plan
mandates. The immediate benefit of an emergency action outweighs the
value that would be derived from the normal regulatory process. This
action was initiated as a result of a new benchmark stock assessment
that revised the stock status for GOM haddock (SARC 59). As a result of
the new assessment, the SSC recommended, and the Council voted in
support of, higher fishing year 2015 specifications for GOM haddock.
Although the Council could have initiated a management action to modify
the GOM haddock catch limits for the remainder of fishing year 2014,
such an action was unlikely to have been completed before the end of
fishing year 2014, potentially resulting in status quo restrictive
catch limits that otherwise could have been avoided. The regulations
require that when the catch limit of a single allocated groundfish
stock, such as GOM haddock, is projected to be achieved, a reduction or
cessation of fishing effort is required. As a result, catches of
healthy groundfish stocks that are caught concurrently with GOM haddock
could also be reduced. Thus, the time necessary to provide for prior
notice, opportunity for public comment, and delayed effectiveness for
this action could severely curtail fishing operations if the current
catch limits are reached prior to implementation of the increased catch
limits.
An emergency action can be developed and implemented by NMFS much
more swiftly than a Council action which is subject to procedural and
other requirements not applicable to the Secretary. Thus, we initiated
this temporary rule at the request of the Council, to revise the GOM
haddock catch limits as soon as possible in fishing year 2014. This
action will benefit fishermen and fishing communities by increasing
revenues
[[Page 67095]]
associated with larger GOM haddock catches, as well as other healthy
groundfish stocks such as pollock and Acadian redfish, that would
likely have been foregone due to the lower catch limit of GOM haddock.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement for a 30-day delay in effectiveness under the
provisions of section 553(d) of the Administrative Procedure Act. As
stated above, this action would benefit the affected fishermen and
fishing communities by increasing revenues due to larger GOM haddock
catch limits, and provide more opportunity for commercial groundfish
vessels to harvest their allocations of other stocks caught
concurrently. This rule relieves a restriction by increasing the catch
limit for GOM haddock and, consequently, extends fishing opportunity
for fishermen that would otherwise be constrained under the current
catch limits, which are based on outdated biological information and
therefore, needlessly restrictive. If implementation of this rulemaking
were delayed to allow for a 30-day delay in effectiveness, the fishery
would likely forego some amount of the increase in catch level and the
resulting additional fishing opportunity and could suffer an early end
to the fishing season. Without immediate effectiveness of this action,
if the common pool is projected to catch its current catch limit, an
in-season action would be needed to implement a more restrictive trip
limit to ensure the common pool did not exceed its current catch limit.
Similarly, sector vessels would still be required to end fishing effort
in the GOM if they reached their allocations under the current GOM
haddock catch limit. While these restrictions would be alleviated after
this rule becomes effective, the lost economic opportunity of foregone
catches that would result from a delay in the effectiveness of this
action may not be recouped in the time remaining before the end of
fishing year 2014. For these reasons, the AA finds good cause to
implement this rule immediately.
NMFS has consulted with the Office of Information and Regulatory
Affairs (OIRA) and due to the circumstances described above this action
is exempt from review under Executive Order 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-26748 Filed 11-10-14; 8:45 am]
BILLING CODE 3510-22-P
