Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal of Southern Windowpane Accountability Measures, 8362-8365 [2018-03899]
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
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[FR Doc. 2018–03974 Filed 2–26–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170808738–7777–01]
RIN 0648–BH11
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2017;
Extension of Emergency Removal of
Southern Windowpane Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
This rule extends the
emergency action to remove the 2017
southern windowpane flounder
accountability measures (AM) for nongroundfish trawl vessels. The rule is
necessary because the emergency
measures would otherwise expire before
the end of the 2017 fishing year. This
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SUMMARY:
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1/20/2017
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*
2/27/2018, [Insert Federal Register citation].
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rule is intended to mitigate negative
economic impacts to non-groundfish
vessels, while maintaining conservation
benefits for the southern windowpane
flounder stock.
DATES: Effective March 1, 2018, through
April 30, 2018.
ADDRESSES: Copies of recent related
actions, including Framework 52, 55,
and Framework 56, the Environmental
Assessments (EA), and their Regulatory
Impact Review, and the Final
Regulatory Flexibility Act analysis
prepared by the New England Fishery
Management Council and NMFS are
available from Michael Pentony,
Regional Administrator, NMFS Greater
Atlantic Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
The documents are also accessible via
the internet at: https://www.nefmc.org/
management-plans/northeastmultispecies.
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Senior Fishery Policy
Analyst, phone: 978–281–9257.
SUPPLEMENTARY INFORMATION: On
September 1, 2017, we implemented
emergency measures to remove the
southern windowpane flounder AMs for
non-groundfish trawl vessels (82 FR
41564). These emergency measures
expire on February 28, 2018. The
emergency rule published on September
1, 2017, included detailed information
on the background, reasons, and
justification for the emergency
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measures, and this information is not
repeated here.
The Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) limits NMFS’
emergency action authority to an initial
period of 180 days, with a potential
extension up to an additional 186 days,
if certain criteria are met. An extension
is allowed if the public has had an
opportunity to comment on the
emergency regulation, and in the case of
a Council recommendation for an
emergency action, the Council is
actively developing a change to the
Fishery Management Plan (FMP) or
regulations to address the emergency on
a permanent basis. We accepted public
comment on the emergency measures,
and received one comment in support of
the action. Additionally, the New
England Fishery Management Council
developed changes in Framework
Adjustment 57 to the Northeast
Multispecies (Groundfish) FMP to
permanently address the emergency.
Framework 57 is intended to be
implemented for the 2018 fishing year
beginning on May 1, 2018. As discussed
in more detail below, we determined the
necessary criteria to extend the
emergency measures have been met.
Therefore, this temporary rule removes
the southern windowpane flounder
AMs for non-groundfish trawl vessels
for the remainder of the 2017 fishing
year through April 30, 2018.
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
Background
On August 1, 2017, we implemented
AMs because the 2015 total annual
catch limit (ACL) for southern
windowpane flounder was exceeded (82
FR 35660). Due to data availability, we
typically implement AMs for
windowpane flounder at the start of the
second fishing year after an overage.
These AMs require trawl vessels fishing
in certain Southern New England areas
to use selective gear that limit flatfish
catch. The southern windowpane AM
areas apply to all groundfish trawl
vessels. The AM areas also apply to
non-groundfish trawl vessels fishing
with a 5 inch (12.7 centimeter) or
greater codend mesh size, which
includes vessels that target summer
flounder, scup, black sea bass, and
skates. The AMs impose a substantial
financial hardship on both groundfish
and non-groundfish vessels, particularly
because the AM areas eliminate access
to target species that vessels are unlikely
to recoup even if they move to fish in
other areas. These AMs are estimated to
result in $2 million in lost revenue in
catch of yellowtail flounder, winter
flounder, summer flounder, and scup.
In 2015, we implemented Framework
Adjustment 52 to the Northeast
Multispecies FMP to reduce the
economic impacts of the windowpane
flounder AMs for the groundfish fishery
(80 FR 2021; January 15, 2015). At the
time, the AMs had only been triggered
for the groundfish fishery. The Council
intentionally limited the scope of
Framework 52 to the groundfish fishery
to ensure the action could be completed
and implemented during the 2015
fishing year. Framework 52 gave the
Regional Administrator authority to
remove the windowpane flounder AM
in-season if catch is below the ACL in
the year immediately following the
overage. For example, if we implement
an AM in year 3 (2017) due to an
overage in year 1 (2015), we can remove
the AM in September if catch did not
exceed the ACL in year 2 (2016).
Total 2016 catch of southern
windowpane flounder was 82 percent of
the total ACL. As a result, under the
Regional Administrator authority that
Framework 52 established, we removed
the AMs for the groundfish fishery on
September 1, 2017 (82 FR 35676; August
1, 2017). However, because this
authority is limited to the groundfish
fishery only, the AMs for nongroundfish trawl vessels would have
remained in place for the entire 2017
fishing year without additional action.
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As a result of the 2015 ACL overage,
we implemented the AMs for nongroundfish trawl vessels for the first
time in 2017. Neither we, nor the New
England Council, considered or foresaw
the possibility of removing the AMs
inseason for groundfish vessels, but
maintaining them for non-groundfish
trawl vessels despite catch being below
the ACL. This situation presented an
issue of fairness and equity, particularly
because catch by non-groundfish vessels
was well below the sub-ACL for this
fishery component. Maintaining the
AMs for non-groundfish trawl vessels
for the full fishing year would have
substantial economic impacts without
further contributing to the conservation
goals of the AMs. For these reasons, and
at the request of the New England and
Mid-Atlantic Councils, on September 1,
2017, we implemented an emergency
rule to remove the 2017 southern
windowpane flounder AMs for nongroundfish trawl vessels (82 FR 41564).
These emergency measures expire on
February 28, 2018.
Extension of Emergency Measures
If the emergency measures expire, the
southern windowpane flounder AMs
would be re-implemented for nongroundfish trawl vessels for the
remainder of the 2017 fishing year. This
would undermine the conservation and
management goals of the September 1,
2017, emergency action. AMs are
intended to correct operational issues
that cause overages and mitigate
biological consequences of overages.
The fishery’s 2016 catch was below the
overall ACL, which is consistent with
the fishery having corrected the
operational issues that caused the 2015
overage. We expect 2017 catch to be
similar to 2016 because of recent quota
reductions for key flounder species that
limit overall fishing effort on all flatfish
stocks, including southern windowpane
flounder. Additionally, the 2017
assessment update shows a stable and
slightly increasing southern
windowpane stock. This assessment
information, along with 2016 catch, is
consistent with the AM’s goal of
mitigating or addressing the effects of
the overage. As a result, we determined
that removing the AMs in September
would not result in negative impacts for
the stock. Thus, allowing the emergency
measures to expire would result in
unnecessary economic loss to nongroundfish trawl vessels.
Additionally, as noted earlier in this
preamble, emergency action was
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8363
justified because new information
presented an issue of fairness and equity
that we, nor the Council, previously
contemplated. At the time of the
emergency action, the New England
Council was developing Framework
Adjustment 57 to the Northeast
Multispecies FMP, in part to address the
issue of southern windowpane flounder
AM impacts on non-groundfish trawls
that arose during 2017. In this action,
the New England Council recommended
giving the Regional Administrator
authority to remove the AMs inseason
for non-groundfish vessels. The New
England Council also recommended
revising the southern windowpane
flounder AM areas. These measures are
intended to provide non-groundfish
trawl vessels additional flexibility while
continuing to reduce impacts on
southern windowpane flounder.
Framework 57 is intended to be
implemented for the 2018 fishing year.
The New England Council took final
action on Framework 57 in December
2017, and has submitted the action to us
for review. Framework 57 could not be
developed and implemented in time to
address this issue for the 2017 fishing
year. Extending the emergency measures
for the remainder of this fishing year
will prevent disruption to nongroundfish trawl vessels while we
consider the New England Council’s
recommended permanent changes.
Emergency Measures
This emergency action extends the
Regional Administrator authority to
remove the southern windowpane
flounder AM inseason for nongroundfish trawl vessels if we determine
that catch is below the ACL in the year
immediately following an overage.
Effective March 1, 2018, this action
removes the southern windowpane
flounder AMs for non-groundfish trawl
vessels fishing with 5 inches (12.7
centimeter) or greater codend mesh size.
These emergency measures are effective
through April 30, 2018. There will be no
southern windowpane flounder AM in
effect beginning on May 1, 2018,
because the 2016 ACL was not exceeded
and current 2017 catch information does
not suggest an ACL overage will occur.
Non-groundfish trawl vessels may fish
inside the southern windowpane
flounder AM areas (Figure 1) without
selective gear, which increases fishing
opportunities to target other flatfish
species for which they hold a permit
and for which quota is available.
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
We received one comment during the
comment period on the emergency rule.
Comment 1: Lund’s Fisheries, Inc.
commented in support of the emergency
measures, and agreed that maintaining
the AMs for non-groundfish trawl
vessels would have presented fairness
and equity issues, as well as serious
economic impacts, without contributing
to conservation goals of the AMs.
Response: We agree. For all of the
reasons described in detail in the initial
emergency rule, as well as those reasons
in the preamble above, allowing the
emergency measures to expire before the
end of the fishing year would
undermine the goals of the emergency
action. As a result, this rule extends the
emergency measures for the remainder
of the 2017 fishing year to prevent
disruption to Mid-Atlantic trawl vessels
in the middle of the fishing year,
maintain fairness and equity, and
continue to mitigate the negative
economic impacts on these vessels that
the AMs would otherwise impose.
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Classification
The NMFS Assistant Administrator
has determined that this extension to
the emergency rule is consistent with
the criteria and justifications for use of
emergency measures in section 305(c) of
the Magnuson-Stevens Act, and is
consistent with the Northeast
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, the
Administrative Procedure Act (APA),
and other applicable law.
Section 553 of the APA establishes
procedural requirements applicable to
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rulemaking by Federal agencies. The
purpose of these requirements is to
ensure public access to the Federal
rulemaking process and to give the
public adequate notice and opportunity
for comment. Pursuant to 5 U.S.C.
553(b)(B), the Assistant Administrator
for Fisheries finds good cause to waive
prior notice and the opportunity for
public comment because it would be
impracticable and contrary to the public
interest and would prevent the positive
benefits this rule is intended to provide.
Additionally, because this rule relieves
a restriction and removes the southern
windowpane flounder AM areas for
non-groundfish trawl vessels, it is not
subject to the 30-day delayed
effectiveness provision of the APA
under 5 U.S.C. 553(d)(1).
Without additional action, the
emergency measures implemented on
September 1, 2017, to remove the AMs
for non-groundfish vessels would expire
before the end of the 2017 fishing year.
Implementing the AMs only for nongroundfish trawl vessels would present
fairness and equity issues. The AMs
would also have substantial economic
impacts without contributing further to
the conservation goals of the AMs. The
AM areas eliminate access to target
species that vessels are unlikely to
recoup even if they move to fish in other
areas. Thus, extending the emergency
measures to remove the AMs for the
remainder of the 2017 fishing year
continues to mitigate serious economic
harm to affected vessels until permanent
measures can be implemented. There
are less than 3 months remaining in the
2017 fishing year. The time necessary to
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provide prior notice and an opportunity
for public comment would allow the
emergency measures to expire, and
prevent this action from being
implemented before the end of the
fishing year.
Additionally, the original emergency
rule provided for public comment on
the emergency measures. The Council
also addressed this issue in Framework
57 to the Northeast Multispecies FMP,
which is scheduled for implementation
for the 2018 fishing year beginning on
May 1, 2018. During the development of
Framework 57, there was extensive
public comment on potential changes to
the windowpane flounder AMs. Thus,
prior notice and opportunity for public
comment for this rule would not
provide added benefit that would
outweigh the need to avoid unnecessary
economic harm on non-groundfish trawl
vessels fishing in Southern New
England.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from Office of Management and Budget
review.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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ER27FE18.001</GPH>
Comments and Responses
Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
Dated: February 21, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.90, add paragraph
(a)(5)(i)(D)(1)(iii) effective March 1,
2018, through April 30, 2018.
The addition reads as follows:
■
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
(a) * * *
(5) * * *
(i) * * *
(D) * * *
(1) * * *
(iii) Emergency rule reducing the
duration of southern windowpane
flounder AM for non-groundfish vessels.
Effective March 1, 2018, through April
30, 2018, the southern windowpane
flounder AM is removed for all vessels
fishing with trawl gear with a codend
mesh size equal to or greater than 5
inches (12.7 cm) in other, non-specified
sub-components of the fishery,
including, but not limited to, exempted
fisheries that occur in Federal waters
and fisheries harvesting exempted
species specified in § 648.80(b)(3).
*
*
*
*
*
[FR Doc. 2018–03899 Filed 2–26–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XF636
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Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; 2018 and 2019
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closures.
AGENCY:
NMFS announces final 2018
and 2019 harvest specifications,
SUMMARY:
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18:04 Feb 26, 2018
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apportionments, and prohibited species
catch allowances for the groundfish
fishery of the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to establish harvest
limits for groundfish during the 2018
and 2019 fishing years, and to
accomplish the goals and objectives of
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The intended effect of this action
is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Effective from 1200 hrs, Alaska
local time (A.l.t.), February 27, 2018,
through 2400 hrs, A.l.t., December 31,
2019.
ADDRESSES: Electronic copies of the
Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (EIS), Record of
Decision (ROD), Supplementary
Information Report (SIR) to the EIS, and
the Initial Regulatory Flexibility
Analysis (IRFA) prepared for this action
are available from https://
alaskafisheries.noaa.gov. The final 2017
Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2017, as well as the SAFE
reports for previous years, are available
from the North Pacific Fishery
Management Council (Council) at 605
West 4th Avenue, Suite 306, Anchorage,
AK, 99510–2252, phone 907–271–2809,
or from the Council’s website at https://
www.npfmc.org/.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species
category. The sum of all TAC for all
groundfish species in the BSAI must be
within the optimum yield (OY) range of
1.4 million to 2.0 million metric tons
(mt) (see § 679.20(a)(1)(i)(A)). This final
rule specifies the TAC at 2.0 million mt
for both 2018 and 2019. NMFS also
must specify apportionments of TAC,
prohibited species catch (PSC)
allowances, and prohibited species
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8365
quota (PSQ) reserves established by
§ 679.21; seasonal allowances of
pollock, Pacific cod, and Atka mackerel
TAC; American Fisheries Act
allocations; Amendment 80 allocations;
Community Development Quota (CDQ)
reserve amounts established by
§ 679.20(b)(1)(ii); and acceptable
biological catch (ABC) surpluses and
reserves for CDQ groups and the
Amendment 80 cooperative for flathead
sole, rock sole, and yellowfin sole. The
final harvest specifications set forth in
Tables 1 through 25 of this action satisfy
these requirements.
Section 679.20(c)(3)(i) further requires
NMFS to consider public comment on
the proposed harvest specifications and
to publish final harvest specifications in
the Federal Register. The proposed
2018 and 2019 harvest specifications for
the groundfish fishery of the BSAI were
published in the Federal Register on
December 8, 2017 (82 FR 57906).
Comments were invited and accepted
through January 8, 2018. NMFS received
no substantive comments on the
proposed harvest specifications. NMFS
consulted with the Council on the final
2018 and 2019 harvest specifications
during the December 2017 Council
meeting in Anchorage, AK. After
considering public comments, as well as
biological and economic data that were
available at the Council’s December
meeting, in this final rule NMFS
implements the final 2018 and 2019
harvest specifications as recommended
by the Council.
ABC and TAC Harvest Specifications
The final ABC levels for Alaska
groundfish are based on the best
available biological and socioeconomic
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. In general, the
development of ABCs and overfishing
levels (OFLs) involves sophisticated
statistical analyses of fish populations.
The FMP specifies a series of six tiers
to define OFL and ABC amounts based
on the level of reliable information
available to fishery scientists. Tier 1
represents the highest level of
information quality available, while Tier
6 represents the lowest.
In December 2017, the Council, its
Scientific and Statistical Committee
(SSC), and its Advisory Panel (AP)
reviewed current biological and harvest
information about the condition of the
BSAI groundfish stocks. The Council’s
BSAI Groundfish Plan Team (Plan
Team) compiled and presented this
information in the final 2017 SAFE
report for the BSAI groundfish fisheries,
E:\FR\FM\27FER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8362-8365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170808738-7777-01]
RIN 0648-BH11
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal
of Southern Windowpane Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
-----------------------------------------------------------------------
SUMMARY: This rule extends the emergency action to remove the 2017
southern windowpane flounder accountability measures (AM) for non-
groundfish trawl vessels. The rule is necessary because the emergency
measures would otherwise expire before the end of the 2017 fishing
year. This rule is intended to mitigate negative economic impacts to
non-groundfish vessels, while maintaining conservation benefits for the
southern windowpane flounder stock.
DATES: Effective March 1, 2018, through April 30, 2018.
ADDRESSES: Copies of recent related actions, including Framework 52,
55, and Framework 56, the Environmental Assessments (EA), and their
Regulatory Impact Review, and the Final Regulatory Flexibility Act
analysis prepared by the New England Fishery Management Council and
NMFS are available from Michael Pentony, Regional Administrator, NMFS
Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester,
MA 01930. The documents are also accessible via the internet at:
https://www.nefmc.org/management-plans/northeast-multispecies.
FOR FURTHER INFORMATION CONTACT: Sarah Heil, Senior Fishery Policy
Analyst, phone: 978-281-9257.
SUPPLEMENTARY INFORMATION: On September 1, 2017, we implemented
emergency measures to remove the southern windowpane flounder AMs for
non-groundfish trawl vessels (82 FR 41564). These emergency measures
expire on February 28, 2018. The emergency rule published on September
1, 2017, included detailed information on the background, reasons, and
justification for the emergency measures, and this information is not
repeated here.
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) limits NMFS' emergency action authority to an
initial period of 180 days, with a potential extension up to an
additional 186 days, if certain criteria are met. An extension is
allowed if the public has had an opportunity to comment on the
emergency regulation, and in the case of a Council recommendation for
an emergency action, the Council is actively developing a change to the
Fishery Management Plan (FMP) or regulations to address the emergency
on a permanent basis. We accepted public comment on the emergency
measures, and received one comment in support of the action.
Additionally, the New England Fishery Management Council developed
changes in Framework Adjustment 57 to the Northeast Multispecies
(Groundfish) FMP to permanently address the emergency. Framework 57 is
intended to be implemented for the 2018 fishing year beginning on May
1, 2018. As discussed in more detail below, we determined the necessary
criteria to extend the emergency measures have been met. Therefore,
this temporary rule removes the southern windowpane flounder AMs for
non-groundfish trawl vessels for the remainder of the 2017 fishing year
through April 30, 2018.
[[Page 8363]]
Background
On August 1, 2017, we implemented AMs because the 2015 total annual
catch limit (ACL) for southern windowpane flounder was exceeded (82 FR
35660). Due to data availability, we typically implement AMs for
windowpane flounder at the start of the second fishing year after an
overage. These AMs require trawl vessels fishing in certain Southern
New England areas to use selective gear that limit flatfish catch. The
southern windowpane AM areas apply to all groundfish trawl vessels. The
AM areas also apply to non-groundfish trawl vessels fishing with a 5
inch (12.7 centimeter) or greater codend mesh size, which includes
vessels that target summer flounder, scup, black sea bass, and skates.
The AMs impose a substantial financial hardship on both groundfish and
non-groundfish vessels, particularly because the AM areas eliminate
access to target species that vessels are unlikely to recoup even if
they move to fish in other areas. These AMs are estimated to result in
$2 million in lost revenue in catch of yellowtail flounder, winter
flounder, summer flounder, and scup.
In 2015, we implemented Framework Adjustment 52 to the Northeast
Multispecies FMP to reduce the economic impacts of the windowpane
flounder AMs for the groundfish fishery (80 FR 2021; January 15, 2015).
At the time, the AMs had only been triggered for the groundfish
fishery. The Council intentionally limited the scope of Framework 52 to
the groundfish fishery to ensure the action could be completed and
implemented during the 2015 fishing year. Framework 52 gave the
Regional Administrator authority to remove the windowpane flounder AM
in-season if catch is below the ACL in the year immediately following
the overage. For example, if we implement an AM in year 3 (2017) due to
an overage in year 1 (2015), we can remove the AM in September if catch
did not exceed the ACL in year 2 (2016).
Total 2016 catch of southern windowpane flounder was 82 percent of
the total ACL. As a result, under the Regional Administrator authority
that Framework 52 established, we removed the AMs for the groundfish
fishery on September 1, 2017 (82 FR 35676; August 1, 2017). However,
because this authority is limited to the groundfish fishery only, the
AMs for non-groundfish trawl vessels would have remained in place for
the entire 2017 fishing year without additional action.
As a result of the 2015 ACL overage, we implemented the AMs for
non-groundfish trawl vessels for the first time in 2017. Neither we,
nor the New England Council, considered or foresaw the possibility of
removing the AMs inseason for groundfish vessels, but maintaining them
for non-groundfish trawl vessels despite catch being below the ACL.
This situation presented an issue of fairness and equity, particularly
because catch by non-groundfish vessels was well below the sub-ACL for
this fishery component. Maintaining the AMs for non-groundfish trawl
vessels for the full fishing year would have substantial economic
impacts without further contributing to the conservation goals of the
AMs. For these reasons, and at the request of the New England and Mid-
Atlantic Councils, on September 1, 2017, we implemented an emergency
rule to remove the 2017 southern windowpane flounder AMs for non-
groundfish trawl vessels (82 FR 41564). These emergency measures expire
on February 28, 2018.
Extension of Emergency Measures
If the emergency measures expire, the southern windowpane flounder
AMs would be re-implemented for non-groundfish trawl vessels for the
remainder of the 2017 fishing year. This would undermine the
conservation and management goals of the September 1, 2017, emergency
action. AMs are intended to correct operational issues that cause
overages and mitigate biological consequences of overages. The
fishery's 2016 catch was below the overall ACL, which is consistent
with the fishery having corrected the operational issues that caused
the 2015 overage. We expect 2017 catch to be similar to 2016 because of
recent quota reductions for key flounder species that limit overall
fishing effort on all flatfish stocks, including southern windowpane
flounder. Additionally, the 2017 assessment update shows a stable and
slightly increasing southern windowpane stock. This assessment
information, along with 2016 catch, is consistent with the AM's goal of
mitigating or addressing the effects of the overage. As a result, we
determined that removing the AMs in September would not result in
negative impacts for the stock. Thus, allowing the emergency measures
to expire would result in unnecessary economic loss to non-groundfish
trawl vessels.
Additionally, as noted earlier in this preamble, emergency action
was justified because new information presented an issue of fairness
and equity that we, nor the Council, previously contemplated. At the
time of the emergency action, the New England Council was developing
Framework Adjustment 57 to the Northeast Multispecies FMP, in part to
address the issue of southern windowpane flounder AM impacts on non-
groundfish trawls that arose during 2017. In this action, the New
England Council recommended giving the Regional Administrator authority
to remove the AMs inseason for non-groundfish vessels. The New England
Council also recommended revising the southern windowpane flounder AM
areas. These measures are intended to provide non-groundfish trawl
vessels additional flexibility while continuing to reduce impacts on
southern windowpane flounder. Framework 57 is intended to be
implemented for the 2018 fishing year. The New England Council took
final action on Framework 57 in December 2017, and has submitted the
action to us for review. Framework 57 could not be developed and
implemented in time to address this issue for the 2017 fishing year.
Extending the emergency measures for the remainder of this fishing year
will prevent disruption to non-groundfish trawl vessels while we
consider the New England Council's recommended permanent changes.
Emergency Measures
This emergency action extends the Regional Administrator authority
to remove the southern windowpane flounder AM inseason for non-
groundfish trawl vessels if we determine that catch is below the ACL in
the year immediately following an overage. Effective March 1, 2018,
this action removes the southern windowpane flounder AMs for non-
groundfish trawl vessels fishing with 5 inches (12.7 centimeter) or
greater codend mesh size. These emergency measures are effective
through April 30, 2018. There will be no southern windowpane flounder
AM in effect beginning on May 1, 2018, because the 2016 ACL was not
exceeded and current 2017 catch information does not suggest an ACL
overage will occur. Non-groundfish trawl vessels may fish inside the
southern windowpane flounder AM areas (Figure 1) without selective
gear, which increases fishing opportunities to target other flatfish
species for which they hold a permit and for which quota is available.
[[Page 8364]]
[GRAPHIC] [TIFF OMITTED] TR27FE18.001
Comments and Responses
We received one comment during the comment period on the emergency
rule.
Comment 1: Lund's Fisheries, Inc. commented in support of the
emergency measures, and agreed that maintaining the AMs for non-
groundfish trawl vessels would have presented fairness and equity
issues, as well as serious economic impacts, without contributing to
conservation goals of the AMs.
Response: We agree. For all of the reasons described in detail in
the initial emergency rule, as well as those reasons in the preamble
above, allowing the emergency measures to expire before the end of the
fishing year would undermine the goals of the emergency action. As a
result, this rule extends the emergency measures for the remainder of
the 2017 fishing year to prevent disruption to Mid-Atlantic trawl
vessels in the middle of the fishing year, maintain fairness and
equity, and continue to mitigate the negative economic impacts on these
vessels that the AMs would otherwise impose.
Classification
The NMFS Assistant Administrator has determined that this extension
to the emergency rule is consistent with the criteria and
justifications for use of emergency measures in section 305(c) of the
Magnuson-Stevens Act, and is consistent with the Northeast Multispecies
FMP, other provisions of the Magnuson-Stevens Act, the Administrative
Procedure Act (APA), and other applicable law.
Section 553 of the APA establishes procedural requirements
applicable to rulemaking by Federal agencies. The purpose of these
requirements is to ensure public access to the Federal rulemaking
process and to give the public adequate notice and opportunity for
comment. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator
for Fisheries finds good cause to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest and would prevent the positive benefits
this rule is intended to provide. Additionally, because this rule
relieves a restriction and removes the southern windowpane flounder AM
areas for non-groundfish trawl vessels, it is not subject to the 30-day
delayed effectiveness provision of the APA under 5 U.S.C. 553(d)(1).
Without additional action, the emergency measures implemented on
September 1, 2017, to remove the AMs for non-groundfish vessels would
expire before the end of the 2017 fishing year. Implementing the AMs
only for non-groundfish trawl vessels would present fairness and equity
issues. The AMs would also have substantial economic impacts without
contributing further to the conservation goals of the AMs. The AM areas
eliminate access to target species that vessels are unlikely to recoup
even if they move to fish in other areas. Thus, extending the emergency
measures to remove the AMs for the remainder of the 2017 fishing year
continues to mitigate serious economic harm to affected vessels until
permanent measures can be implemented. There are less than 3 months
remaining in the 2017 fishing year. The time necessary to provide prior
notice and an opportunity for public comment would allow the emergency
measures to expire, and prevent this action from being implemented
before the end of the fishing year.
Additionally, the original emergency rule provided for public
comment on the emergency measures. The Council also addressed this
issue in Framework 57 to the Northeast Multispecies FMP, which is
scheduled for implementation for the 2018 fishing year beginning on May
1, 2018. During the development of Framework 57, there was extensive
public comment on potential changes to the windowpane flounder AMs.
Thus, prior notice and opportunity for public comment for this rule
would not provide added benefit that would outweigh the need to avoid
unnecessary economic harm on non-groundfish trawl vessels fishing in
Southern New England.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from Office of Management and
Budget review.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
[[Page 8365]]
Dated: February 21, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.90, add paragraph (a)(5)(i)(D)(1)(iii) effective March
1, 2018, through April 30, 2018.
The addition reads as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
(a) * * *
(5) * * *
(i) * * *
(D) * * *
(1) * * *
(iii) Emergency rule reducing the duration of southern windowpane
flounder AM for non-groundfish vessels. Effective March 1, 2018,
through April 30, 2018, the southern windowpane flounder AM is removed
for all vessels fishing with trawl gear with a codend mesh size equal
to or greater than 5 inches (12.7 cm) in other, non-specified sub-
components of the fishery, including, but not limited to, exempted
fisheries that occur in Federal waters and fisheries harvesting
exempted species specified in Sec. 648.80(b)(3).
* * * * *
[FR Doc. 2018-03899 Filed 2-26-18; 8:45 am]
BILLING CODE 3510-22-P
