Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2015 Annual Catch Limits, 7808-7810 [2015-02941]
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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
EPA APPROVED AMERICAN SAMOA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Applicable
geographic or
nonattainment
area
State submittal
date
Appendix A. American Samoa Environmental Quality Act, excluding section
35.0113.
State-wide .......
03/9/72
05/31/72, 37 FR
10842.
Section 3. Air Quality Data ........................
State-wide .......
01/27/72
Section 4. Emission Inventory ...................
State-wide .......
01/27/72
05/31/72, 37 FR
10842.
05/31/72, 37 FR
10842.
Section 5. Control Strategy:
Control Strategy .........................................
State-wide .......
01/27/72
Letter from Peter T. Coleman, Governor,
American Samoa, to Kathleen M. Bennett, EPA, dated November 12, 1982.
Section 6. Compliance Schedule ..............
State-wide .......
11/12/82
State-wide .......
01/27/72
Section 7. Air Quality Surveillance Network.
Section 8. Review of New Sources and
Modifications.
Section 9. Source Surveillance .................
State-wide .......
01/27/72
State-wide .......
01/27/72
State-wide .......
01/27/72
Section 10. Resources ..............................
State-wide .......
01/27/72
Section 11. Intergovernmental Cooperation.
State-wide .......
01/27/72
Name of SIP provision
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 141002820–5113–01]
RIN 0648–XD536
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37 FR
37 FR
37 FR
37 FR
37 FR
Copies of supporting
documents, including the 2013–2015
Specifications/Framework 2 to the
Herring Fishery Management Plan
(FMP), are available from the
Sustainable Fisheries Division, Greater
Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA
01930, telephone (978) 281–9315, or
online at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/atlherring/
index.html.
ADDRESSES:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment of specifications.
This action adjusts 2015
annual catch limits for the Atlantic
herring fishery to account for the
underharvest of herring catch in 2013.
The herring fishery caught less than its
allocated catch in all herring
management areas in 2013. As a result,
this action adds unharvested 2013 catch
to the 2015 herring catch limits, equal
Jkt 235001
37 FR
Effective February 12, 2015,
through December 31, 2015.
AGENCY:
13:49 Feb 11, 2015
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
DATES:
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustments to 2015 Annual Catch
Limits
VerDate Sep<11>2014
05/31/72, 37 FR
10842.
08/14/85, 50 FR
32697.
to ten percent of the allocated 2013
annual catch limit for each area. While
the annual catch limit for each area
increases, the total annual catch limit
for the herring fishery will not increase
under this action. This will ensure that
the carryover pounds do not cause
overfishing of the herring resource in
2015. This action is necessary to ensure
that NMFS accounts for herring catch
consistent with the requirements of the
Atlantic Herring Fishery Management
Plan.
[FR Doc. 2015–02856 Filed 2–11–15; 8:45 am]
SUMMARY:
EPA approval date
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
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Explanation
Public Law 12–45. Chapter 35.01 of the
Code of American Samoa. See 40
CFR 52.2823(c)(1). Section 35.0113
(‘‘Variances’’) was deleted without replacement at 62 FR 34641 (June 27,
1997)]. See 40 CFR 52.2823(b)(1).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Negative declaration indicating no Lead
sources in American Samoa. See 40
CFR 52.2823(c)(5)(i).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Background
The Atlantic herring harvest in the
United States is managed under the
Atlantic Herring Fishery Management
Plan (Herring FMP) developed by the
New England Fishery Management
Council (Council). The Herring FMP
divides the stock-wide herring ACL
among three management areas, one of
which has two sub-areas. It divides Area
1 (located in the Gulf of Maine (GOM))
into an inshore section (Area 1A) and an
offshore section (Area 1B). Area 2 is
located in the coastal waters between
Massachusetts and North Carolina, and
Area 3 is on Georges Bank (GB). The
Herring FMP considers the herring stock
complex to be a single stock, but there
are inshore (GOM) and offshore (GB)
stock components. The GOM and GB
stock components segregate during
spawning and mix during feeding and
migration. Each management area has
its own sub-ACL to allow greater control
of the fishing mortality on each stock
component.
NMFS issued a final rule that
implemented Amendment 4 to the
Herring FMP (76 FR 11373, March 2,
2011) to address ACL and accountability
measure (AM) requirements. As a way
to account for ACL overages in the
herring fishery, Amendment 4
established an AM that provided for
E:\FR\FM\12FER1.SGM
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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
overage deductions in the year
immediately following the catch overage
determination. If the catch of herring
exceeds any ACL or sub-ACL, NMFS
subsequently deducts the overage from
the corresponding ACL/sub-ACL in the
year following the catch overage
determination. Amendment 4 also
specified that NMFS will announce
overage deductions in the Federal
Register prior to the start of the fishing
year, if possible.
We also published a final rule
implementing Framework 2 to the
Herring FMP and the 2013–15
specifications for the herring fishery on
October 4, 2013 (78 FR 61828). Among
other measures, Framework 2 allows for
the carryover of unharvested catch in
the year immediately following the
catch determination. Up to 10 percent of
each sub-ACL may be carried over,
provided the stock-wide catch did not
exceed the stock-wide ACL. The
carryover provision allows a sub-ACL
increase for a management area, but it
does not allow a corresponding increase
to the stock-wide ACL.
7809
For fishing year 2015, the catch limits
for the herring fishery, without any
adjustments for catch overages or
underages, are specified in Table 1.
Research set-aside equal to 3 percent of
each sub-ACL has been awarded to one
research project. The 2015 Adjusted
ACL in Table 1 is the catch, excluding
carryover, that will be available to the
commercial herring fishery in 2015 after
removing research set-aside allocation
from the 2015 sub-ACLs.
TABLE 1—HERRING SUB-ACLS FOR 2015
[mt]
Research set aside
(3 percent of sub-ACL)
2015 ACL
Area 1A ........................................
Area 1B ........................................
Area 2 ..........................................
Area 3 ..........................................
Stock-wide ...................................
31,200
4,600
30,000
42,000
107,800
Provisions Implemented Through This
Final Rule
After completing the 2013 catch
determination in October 2014, NMFS
determined that the herring fishery
caught less than its allocated catch in all
2015 adjusted
ACL
936 ....................................................................................................
138 ....................................................................................................
900 ....................................................................................................
1260 ..................................................................................................
3,234 (total of all sub-ACL set-asides) .............................................
herring management areas in 2013. As a
result, this action adds unharvested
2013 catch to the 2015 herring catch
limits, equal to the amount of the
underage (up to ten percent of the
allocated 2013 sub-annual catch limit)
for each area.
30,264
4,462
29,100
40,740
104,566
In 2013, the herring fleet
underharvested the stockwide ACL and
each of the management areas’ subACLs. Table 2 provides the harvest
details for 2013 and adjustments for
2015.
TABLE 2—HERRING ACLS, CATCH, AND CARRYOVER
[MT]
2013 ACL
Area 1A ................
Area 1B ................
Area 2 ..................
Area 3 ..................
Stock-wide ............
2013 catch
29,775
4,600
30,000
42,000
106,375
Underage
29,454
2,459
26,562
37,290
95,764
Carryover
(max 10
percent of
sub-ACL) *
321
2,141
3,438
4,170
10,611
2015
adjusted ACL
(from Table 1)
321
460
3,000
4,170
NA
30,264
4,462
29,100
40,740
104,566
2015 ACLs
adjusted for
carryover
30,585
4,922
32,100
44,910
** 104,566
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* Carryover is based on the initial sub-ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and Area 3, 42,000 mt (see Table 1).
** The sum of the 2015 adjusted sub-ACLs does not equal the overall ACL of 104,566 (as adjusted for RSA) because the overall ACL cannot
be increased by carryover, as noted above.
NMFS calculated the amount of
herring landings in 2013 based on
dealer reports (Federal and state) of
herring purchases supplemented by
vessel trip reports (VTRs) (Federal and
State of Maine) of herring landings. We
compared dealer reports to VTRs for all
trips that landed herring in 2013.
Because VTRs are generally a hail
weight or estimate of landings, with an
assumed 10-percent margin of error,
dealer reports are a more accurate
source of landings data. However, if the
amount of herring reported via VTR
exceeded the amount of herring
reported by the dealer by 10 percent or
VerDate Sep<11>2014
13:49 Feb 11, 2015
Jkt 235001
more, we assumed that the dealer report
for that trip was in error. We used the
higher amount of herring reported via
VTR to determine the amount of herring
landed on that trip to improve the
likelihood of not exceeding ACLs. We
checked the herring landings in the VTR
database for accuracy against the
scanned image of the paper VTRs
submitted by the owner/operator of the
vessel. NMFS also verified VTR
landings by comparing reported
landings to harvesting potential and
applicable possession limits for each
vessel.
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We assigned herring landings
reported on the VTRs to herring
management areas using latitude and
longitude coordinates. We also
manually corrected VTRs with missing
or invalid latitude/longitude
coordinates using the statistical area
reported on the VTR. If the fisherman
did not report statistical area on the
VTR, then we used a combination of
recent fishing activity and a review of
the scanned images of the original VTR
to assign landings to herring
management areas. Finally, we prorated
dealer reports without corresponding
VTRs to herring management area using
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7810
Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
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the proportion of total herring landings
stratified by week, gear type, and
management area.
As we were reviewing the 2013
herring data and comparing individual
VTRs with individual dealer reports, we
encountered data errors resulting from
misreporting. These errors were
resolved prior to calculating the final
2013 herring data. Common dealer
reporting issues were: Missing dealer
reports; incorrect or missing VTR serial
numbers; incorrect or missing vessel
permit numbers; and incorrect dates.
VTRs had similar errors due to
misreporting. Common VTR reporting
issues were: Missing VTRs; missing or
incorrect dealer information; incorrect
amounts of landed herring; incorrect
dates; and missing or incorrect
statistical area. The quality of herring
landings data is affected by unresolved
data errors; therefore, we strongly
encourage vessel owner/operators and
dealers to double-check reports for
accuracy and to ensure that reports are
submitted on a timely basis. We will
closely monitor reporting complianc1e
in fishing year 2015 and will increase
our compliance efforts, including
referrals to the Office of Law
Enforcement where appropriate.
NMFS determined discards of herring
in 2013 by extrapolating Northeast
Fisheries Observer Program (observer)
data to the entire herring fishery. We
divided the amount of observed herring
discards (‘‘Atlantic herring’’ and
‘‘herring unidentified’’) by the amount
of observed fish landed. Then we
multiplied that discard ratio by the
amount of all fish landed for each trip
to calculate total amount of herring
discards in 2013. We determined the
amount of discards for each
management area and gear type, and
calculated the total herring catch for
2013 by adding the amount of herring
landings to the amount of herring
discarded. The Council’s Herring Plan
Development Team reviewed and
approved this methodology used by
NMFS to calculate the amount of landed
VerDate Sep<11>2014
13:49 Feb 11, 2015
Jkt 235001
herring and the amount of discarded
herring.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), the NMFS Assistant
Administrator has determined that this
final rule is consistent with the Atlantic
Herring FMP, other provisions of the
MSA, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action. This rule increases the 2015
herring management area catch limits by
the amounts that were unharvested in
2013 (up to 10 percent). It thereby
relieves a restriction. Further, notice
and comment are contrary to the public
interest because a delay would
potentially impair achievement of the
management plan’s objectives of
preventing overfishing and achieving
optimum yield due to vessels’ ability to
harvest available catch allocations.
Further, this is a nondiscretionary
action required by provisions of
Amendment 4 and Framework 2, which
were previously subject to public
comment. This action simply effectuates
this mandatory calculation. The
proposed and final rules for Framework
2 and Amendment 4 explained the need
and likelihood for adjustments to the
sub-ACLs based on final catch numbers.
Framework 2, specifically, provided
prior notice of the need to distribute
carryover catch. These actions provided
a full opportunity for the public to
comment on the substance and process
of this action.
Allowing for prior notice and public
comment on this adjustment is
impracticable because the Atlantic
herring fishing year already began on
January 1, 2015. It is important for the
herring fleet to have as much advance
notice as possible to aid in developing
their business plans for the remainder of
the fishing year (January 1, 2015
through December 31, 2015). The
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Fmt 4700
Sfmt 9990
opportunity to plan is expected to
facilitate the fleet’s harvesting of
available catch, thereby achieving
optimum yield. Two areas are currently
closed and will open on May 1 and June
1, respectively. Management Area 3 is
already open and subject to a lower
catch limit until this action is
implemented. Putting in place the
correct sub-ACLs as soon as possible
will provide the fleet with this
opportunity to develop their business
plans in sufficient time to facilitate their
harvest of available catch.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and make the rule
effective upon publication in the
Federal Register. The 2015 herring
fishing year began on January 1, 2015.
To prevent confusion and finalize the
structure of the 2015 fishing year, it is
necessary to have the proper sub-ACLs
in place as soon as possible. In addition,
having the updated sub-ACLs in place
will allow the herring fleet to develop
accurate business plan for the remainder
of fishing year. Accordingly, any delay
in the rule’s effectiveness would be
contrary to the conservation objectives
of the MSA and the Herring FMP.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
does not contain a collection-ofinformation requirement for purposes of
the Paperwork Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 9, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–02941 Filed 2–11–15; 8:45 am]
BILLING CODE 3510–22–P
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12FER1
]]>Agencies
[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7808-7810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02941]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 141002820-5113-01]
RIN 0648-XD536
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustments to 2015 Annual Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; adjustment of specifications.
-----------------------------------------------------------------------
SUMMARY: This action adjusts 2015 annual catch limits for the Atlantic
herring fishery to account for the underharvest of herring catch in
2013. The herring fishery caught less than its allocated catch in all
herring management areas in 2013. As a result, this action adds
unharvested 2013 catch to the 2015 herring catch limits, equal to ten
percent of the allocated 2013 annual catch limit for each area. While
the annual catch limit for each area increases, the total annual catch
limit for the herring fishery will not increase under this action. This
will ensure that the carryover pounds do not cause overfishing of the
herring resource in 2015. This action is necessary to ensure that NMFS
accounts for herring catch consistent with the requirements of the
Atlantic Herring Fishery Management Plan.
DATES: Effective February 12, 2015, through December 31, 2015.
ADDRESSES: Copies of supporting documents, including the 2013-2015
Specifications/Framework 2 to the Herring Fishery Management Plan
(FMP), are available from the Sustainable Fisheries Division, Greater
Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930, telephone (978) 281-9315, or online at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic herring harvest in the United States is managed under
the Atlantic Herring Fishery Management Plan (Herring FMP) developed by
the New England Fishery Management Council (Council). The Herring FMP
divides the stock-wide herring ACL among three management areas, one of
which has two sub-areas. It divides Area 1 (located in the Gulf of
Maine (GOM)) into an inshore section (Area 1A) and an offshore section
(Area 1B). Area 2 is located in the coastal waters between
Massachusetts and North Carolina, and Area 3 is on Georges Bank (GB).
The Herring FMP considers the herring stock complex to be a single
stock, but there are inshore (GOM) and offshore (GB) stock components.
The GOM and GB stock components segregate during spawning and mix
during feeding and migration. Each management area has its own sub-ACL
to allow greater control of the fishing mortality on each stock
component.
NMFS issued a final rule that implemented Amendment 4 to the
Herring FMP (76 FR 11373, March 2, 2011) to address ACL and
accountability measure (AM) requirements. As a way to account for ACL
overages in the herring fishery, Amendment 4 established an AM that
provided for
[[Page 7809]]
overage deductions in the year immediately following the catch overage
determination. If the catch of herring exceeds any ACL or sub-ACL, NMFS
subsequently deducts the overage from the corresponding ACL/sub-ACL in
the year following the catch overage determination. Amendment 4 also
specified that NMFS will announce overage deductions in the Federal
Register prior to the start of the fishing year, if possible.
We also published a final rule implementing Framework 2 to the
Herring FMP and the 2013-15 specifications for the herring fishery on
October 4, 2013 (78 FR 61828). Among other measures, Framework 2 allows
for the carryover of unharvested catch in the year immediately
following the catch determination. Up to 10 percent of each sub-ACL may
be carried over, provided the stock-wide catch did not exceed the
stock-wide ACL. The carryover provision allows a sub-ACL increase for a
management area, but it does not allow a corresponding increase to the
stock-wide ACL.
For fishing year 2015, the catch limits for the herring fishery,
without any adjustments for catch overages or underages, are specified
in Table 1. Research set-aside equal to 3 percent of each sub-ACL has
been awarded to one research project. The 2015 Adjusted ACL in Table 1
is the catch, excluding carryover, that will be available to the
commercial herring fishery in 2015 after removing research set-aside
allocation from the 2015 sub-ACLs.
Table 1--Herring Sub-ACLs for 2015
[mt]
----------------------------------------------------------------------------------------------------------------
Research set aside (3 percent
2015 ACL of sub-ACL) 2015 adjusted ACL
----------------------------------------------------------------------------------------------------------------
Area 1A.................................... 31,200 936.......................... 30,264
Area 1B.................................... 4,600 138.......................... 4,462
Area 2..................................... 30,000 900.......................... 29,100
Area 3..................................... 42,000 1260......................... 40,740
Stock-wide................................. 107,800 3,234 (total of all sub-ACL 104,566
set-asides).
----------------------------------------------------------------------------------------------------------------
Provisions Implemented Through This Final Rule
After completing the 2013 catch determination in October 2014, NMFS
determined that the herring fishery caught less than its allocated
catch in all herring management areas in 2013. As a result, this action
adds unharvested 2013 catch to the 2015 herring catch limits, equal to
the amount of the underage (up to ten percent of the allocated 2013
sub-annual catch limit) for each area.
In 2013, the herring fleet underharvested the stockwide ACL and
each of the management areas' sub-ACLs. Table 2 provides the harvest
details for 2013 and adjustments for 2015.
Table 2--Herring ACLs, Catch, and Carryover
[mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carryover (max 10 2015 adjusted 2015 ACLs
2013 ACL 2013 catch Underage percent of sub- ACL (from Table adjusted for
ACL) * 1) carryover
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A............................... 29,775 29,454 321 321 30,264 30,585
Area 1B............................... 4,600 2,459 2,141 460 4,462 4,922
Area 2................................ 30,000 26,562 3,438 3,000 29,100 32,100
Area 3................................ 42,000 37,290 4,170 4,170 40,740 44,910
Stock-wide............................ 106,375 95,764 10,611 NA 104,566 ** 104,566
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Carryover is based on the initial sub-ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and Area 3, 42,000 mt (see Table 1).
** The sum of the 2015 adjusted sub-ACLs does not equal the overall ACL of 104,566 (as adjusted for RSA) because the overall ACL cannot be increased by
carryover, as noted above.
NMFS calculated the amount of herring landings in 2013 based on
dealer reports (Federal and state) of herring purchases supplemented by
vessel trip reports (VTRs) (Federal and State of Maine) of herring
landings. We compared dealer reports to VTRs for all trips that landed
herring in 2013. Because VTRs are generally a hail weight or estimate
of landings, with an assumed 10-percent margin of error, dealer reports
are a more accurate source of landings data. However, if the amount of
herring reported via VTR exceeded the amount of herring reported by the
dealer by 10 percent or more, we assumed that the dealer report for
that trip was in error. We used the higher amount of herring reported
via VTR to determine the amount of herring landed on that trip to
improve the likelihood of not exceeding ACLs. We checked the herring
landings in the VTR database for accuracy against the scanned image of
the paper VTRs submitted by the owner/operator of the vessel. NMFS also
verified VTR landings by comparing reported landings to harvesting
potential and applicable possession limits for each vessel.
We assigned herring landings reported on the VTRs to herring
management areas using latitude and longitude coordinates. We also
manually corrected VTRs with missing or invalid latitude/longitude
coordinates using the statistical area reported on the VTR. If the
fisherman did not report statistical area on the VTR, then we used a
combination of recent fishing activity and a review of the scanned
images of the original VTR to assign landings to herring management
areas. Finally, we prorated dealer reports without corresponding VTRs
to herring management area using
[[Page 7810]]
the proportion of total herring landings stratified by week, gear type,
and management area.
As we were reviewing the 2013 herring data and comparing individual
VTRs with individual dealer reports, we encountered data errors
resulting from misreporting. These errors were resolved prior to
calculating the final 2013 herring data. Common dealer reporting issues
were: Missing dealer reports; incorrect or missing VTR serial numbers;
incorrect or missing vessel permit numbers; and incorrect dates. VTRs
had similar errors due to misreporting. Common VTR reporting issues
were: Missing VTRs; missing or incorrect dealer information; incorrect
amounts of landed herring; incorrect dates; and missing or incorrect
statistical area. The quality of herring landings data is affected by
unresolved data errors; therefore, we strongly encourage vessel owner/
operators and dealers to double-check reports for accuracy and to
ensure that reports are submitted on a timely basis. We will closely
monitor reporting complianc1e in fishing year 2015 and will increase
our compliance efforts, including referrals to the Office of Law
Enforcement where appropriate.
NMFS determined discards of herring in 2013 by extrapolating
Northeast Fisheries Observer Program (observer) data to the entire
herring fishery. We divided the amount of observed herring discards
(``Atlantic herring'' and ``herring unidentified'') by the amount of
observed fish landed. Then we multiplied that discard ratio by the
amount of all fish landed for each trip to calculate total amount of
herring discards in 2013. We determined the amount of discards for each
management area and gear type, and calculated the total herring catch
for 2013 by adding the amount of herring landings to the amount of
herring discarded. The Council's Herring Plan Development Team reviewed
and approved this methodology used by NMFS to calculate the amount of
landed herring and the amount of discarded herring.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the NMFS Assistant Administrator
has determined that this final rule is consistent with the Atlantic
Herring FMP, other provisions of the MSA, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action. This rule
increases the 2015 herring management area catch limits by the amounts
that were unharvested in 2013 (up to 10 percent). It thereby relieves a
restriction. Further, notice and comment are contrary to the public
interest because a delay would potentially impair achievement of the
management plan's objectives of preventing overfishing and achieving
optimum yield due to vessels' ability to harvest available catch
allocations. Further, this is a nondiscretionary action required by
provisions of Amendment 4 and Framework 2, which were previously
subject to public comment. This action simply effectuates this
mandatory calculation. The proposed and final rules for Framework 2 and
Amendment 4 explained the need and likelihood for adjustments to the
sub-ACLs based on final catch numbers. Framework 2, specifically,
provided prior notice of the need to distribute carryover catch. These
actions provided a full opportunity for the public to comment on the
substance and process of this action.
Allowing for prior notice and public comment on this adjustment is
impracticable because the Atlantic herring fishing year already began
on January 1, 2015. It is important for the herring fleet to have as
much advance notice as possible to aid in developing their business
plans for the remainder of the fishing year (January 1, 2015 through
December 31, 2015). The opportunity to plan is expected to facilitate
the fleet's harvesting of available catch, thereby achieving optimum
yield. Two areas are currently closed and will open on May 1 and June
1, respectively. Management Area 3 is already open and subject to a
lower catch limit until this action is implemented. Putting in place
the correct sub-ACLs as soon as possible will provide the fleet with
this opportunity to develop their business plans in sufficient time to
facilitate their harvest of available catch.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date and make the rule effective upon publication in
the Federal Register. The 2015 herring fishing year began on January 1,
2015. To prevent confusion and finalize the structure of the 2015
fishing year, it is necessary to have the proper sub-ACLs in place as
soon as possible. In addition, having the updated sub-ACLs in place
will allow the herring fleet to develop accurate business plan for the
remainder of fishing year. Accordingly, any delay in the rule's
effectiveness would be contrary to the conservation objectives of the
MSA and the Herring FMP.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule does not contain a
collection-of-information requirement for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 9, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-02941 Filed 2-11-15; 8:45 am]
BILLING CODE 3510-22-P
