Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measures Framework Adjustment, 53825-53827 [2018-23289]
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
predicted that sharp cuts in future ACLs
would be necessary to reduce the risk of
overfishing, and recommended cuts be
made in the 2018 catch. These cuts are
intended to provide some conservation
benefits for herring in 2018 and mitigate
some of the impacts of estimated 2019
reductions on the herring industry.
The Regional Administrator of NMFS
for the Greater Atlantic Region monitors
the herring fishery catch in each of the
management areas based on vessel and
dealer reports, state data, and other
available information. The regulations at
§ 648.201 require that when the
Regional Administrator projects herring
catch will reach 92 percent of the subACL allocated in the Area 1B seasonal
management area designated in the
Atlantic Herring Fishery Management
Plan (FMP), NMFS must prohibit,
through notification in the Federal
Register, herring vessel permit holders
from fishing for, possessing,
transferring, receiving, landing, or
selling more than 2,000 lb (907.2 kg) of
herring per trip or calendar day in or
from that area for the remainder of the
fishing year.
The Regional Administrator has
determined, based on dealer reports and
other available information, that the
herring fleet will catch 92 percent of the
total herring sub-ACL allocated to Area
1B by October 24, 2018. Therefore,
effective 0001 hr local time on October
24, 2018, through December 31, 2018,
federally permitted vessels may not fish
for, catch, possess, transfer, land, or sell
more than 2,000 lb (907.2 kg) of herring
per trip and calendar day, in or from
Area 1B. Vessels that have entered port
before 0001 hr on October 24, 2018, may
offload and sell more than 2,000 lb
(907.2 kg) of herring from Area 1B from
that trip. A vessel may transit through
Area 1B with more than 2,000 lb (907.2
kg) of herring on board, provided the
vessel did not catch more than 2,000 lb
(907.2 kg) of herring in Area 1B and its
fishing gear is not available for
immediate use as defined by 50 CFR
648.2.
Effective 0001 hr, October 24, 2018,
federally permitted dealers may not
receive herring from federally permitted
herring vessels that harvest more than
2,000 lb (907.2 kg) of herring from Area
1B through 2400 hr local time,
December 31, 2018, unless it is from a
trip landed by a vessel that entered port
before 0001 hr on October 24, 2018.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866. NMFS finds
good cause pursuant to 5 U.S.C.
553(b)(B) to waive prior notice and the
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opportunity for public comment
because it would be contrary to the
public interest and impracticable.
Further, in accordance with 5 U.S.C.
553(d)(3), NMFS finds good cause to
waive the 30-day delayed effectiveness.
NMFS is required by Federal regulation
to immediately put in place a 2,000-lb
(907.2-kg) herring trip limit for Area 1B
through December 31, 2018. The 2018
herring fishing year opened on January
1, 2018, and Management Area 1B
opened on May 1, 2018. Data indicating
the herring fleet will have landed at
least 92 percent of the 2018 sub-ACL
allocated to Area 1B have only recently
become available. Once these data
become available projecting 92 percent
of the sub-ACL will be caught,
regulations at § 648.201(a) require
NMFS to close the directed fishery and
impose a trip limit to ensure that
herring vessels do not exceed the 2018
sub-ACL allocated to Area 1B. Highvolume catch and landings in this
fishery increase total catch relative to
the sub-ACL quickly. If implementation
of this closure is delayed to solicit prior
public comment, the sub-ACL for Area
1B for this fishing year may be
exceeded, thereby undermining the
conservation objectives of the FMP. If
sub-ACLs are exceeded, the excess must
be deducted from a future sub-ACL and
would reduce future fishing
opportunities. In addition, the public
had prior notice and full opportunity to
comment on this process when these
provisions were put in place. The public
expects these actions to occur in a
timely way consistent with the fishery
management plan’s objectives.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 22, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–23350 Filed 10–22–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180220191–8945–02]
RIN 0648–BH80
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Commercial
Accountability Measures Framework
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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53825
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS is implementing a
commercial framework adjustment to
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan that
modifies the accountability measures
required for overages not caused by
directed landings (i.e., discards) in the
summer flounder, scup, and black sea
bass fisheries. This adjustment
incorporates the status of the stocks into
the accountability measures. This action
is intended to provide additional
flexibility in determining when
accountability measures are appropriate,
similar to the method already used in
the recreational fisheries for these
species.
DATES: Effective November 26, 2018.
ADDRESSES: Copies of this framework
adjustment, including the
Environmental Assessment (EA) and
other supporting documents for the
action, are available upon request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
actions/sfsbsb-commercial-amframework.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
SUMMARY:
General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission. This action implements a
modification to the Federal
accountability measures (AM) that are
enacted when the commercial annual
catch limit (ACL) is exceeded due to
discards for any of these three species.
There are two types of commercial
fishery AMs outlined in the summer
flounder, scup, and black sea bass
regulations. The first is a pound-forpound overage repayment that is
applied when the commercial quota is
exceeded as a result of landings. This
landings-based AM is not adjusted by
this action. The second is a nonlandings based AM that is applied to the
commercial annual catch target (ACT) if
the ACL has been exceeded, and the
overage is not caused by landings, but
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
rather by higher discards than those
estimated prior to the fishing year. This
action adjusts this non-landings-based
AM for the summer flounder, scup, and
black sea bass fisheries to account for
the variability in commercial discard
estimates. This approach also provides
additional flexibility to these AMs based
on stock status and the biological
consequences, if any, of estimated
discard overages.
The proposed rule for this action
published in the Federal Register on
August 9, 2018 (83 FR 39398), and
comments were accepted through
September 10, 2018. We received nine
comments from the public, but no
changes to the final rule are necessary
as a result of those comments.
Additional background information
regarding the development of this action
can be found in the proposed rule, and
is not repeated here.
Final Action
This action incorporates stock status
into non-landings AMs determinations,
as described in the proposed rule. When
discards cause the commercial ACL to
be exceeded, the following system will
now be used to determine AMs:
(1) If the current biomass is above the
biomass target, no overage payback is
required.
(2) If the current biomass is above the
biomass threshold (i.e., the stock is not
overfished), but below the biomass
target, and the stock is not under a
rebuilding plan, then one of the
following non-landings paybacks are
applied:
a. If discards cause the commercial
ACL, but not the acceptable biological
catch (ABC), to be exceeded, no overage
repayment is required; or
b. If discards cause both the
commercial ACL and ABC to be
exceeded, a scaled, single-year
adjustment to the commercial ACT will
be made. The adjustment would be
scaled based on stock biomass, so that
the adjustment is larger the closer the
biomass is to the threshold.
(3) If the stock is overfished, under a
rebuilding plan, or the biological
reference points (i.e., stock status) are
unknown, then a pound-for-pound
payback is required for any nonlandings overage.
The scaled payback required in
scenario 2b above would be calculated
as the product of the difference between
the total catch and the ACL (i.e., the
overage amount) and a payback
coefficient. The payback coefficient is
the difference between the most recent
estimate of biomass target and the
current biomass, divided by one half of
the biomass target. This scaling is
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15:53 Oct 24, 2018
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intended to minimize impacts of a
payback for healthy stocks, while still
accounting for the biological
consequences of the overage. For more
description of the scaled payback
calculation, see the proposed rule for
this action.
No comments were received regarding
this certification, and the initial
certification remains unchanged. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
Comments and Responses
The public comment period for the
proposed rule ended on September 10,
2018, and a total of nine comments were
received from the public. Three
comments from different industry
groups all expressed support for the
action as described in the proposed rule.
Two comments outlined different
perceptions of the current stock status,
quotas, and commercial state-by-state
allocations in the summer flounder
fishery. These issues are not responsive
to the specific measures in this action,
but are currently under consideration by
the Council in its ongoing development
of summer flounder specifications and
the commercial summer flounder
amendment. The other four comments
received were not relevant to this action
or these fisheries in general, and did not
warrant a response in the context of the
current rulemaking. No changes to the
proposed rule will be made as a result
of these comments.
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Changes From the Proposed Rule
There are no substantive changes from
the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
This action does not contain a
collection of information requirement
for purposes of the Paperwork
Reduction Act.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
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List of Subjects in 50 CFR Part 648
Dated: October 19, 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 § 648.103, paragraph (b)(3) is
revised to read as follows:
■
§ 648.103 Summer flounder accountability
measures.
*
*
*
*
*
(b) * * *
(3) Non-landing accountability
measure. In the event that the
commercial ACL is exceeded and that
the overage has not been accommodated
through the landings-based AM, then
the following procedure will be
followed:
(i) Overfishing, rebuilding, or
unknown stock status. If the most recent
estimate of biomass is below the BMSY
threshold (i.e., B/BMSY is less than 0.5),
the stock is under a rebuilding plan, or
the biological reference points (B or
BMSY) are unknown, and the commercial
ACL has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s commercial catch estimate
exceeded the most recent year’s
commercial ACL will be deducted, in
the following fishing year from the
commercial ACT, as a single-year
adjustment.
(ii) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(A) If the Commercial ACL has been
exceeded, but not the overall ABC, then
no single-year AM payback is required.
(B) If the Commercial ACL and ABC
have been exceeded, then a scaled
E:\FR\FM\25OCR1.SGM
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
single-year adjustment to the
commercial ACT will be made, in the
following fishing year. The ACT will be
reduced by the exact amount, in
pounds, of the product of the overage,
defined as the difference between the
commercial catch and the commercial
ACT, and the payback coefficient. The
payback coefficient is the difference
between the most recent estimate of
biomass and BMSY (i.e., BMSY¥B)
divided by one-half of BMSY.
(iii) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then no single-year AM payback is
required.
*
*
*
*
*
■ 3. In § 648.123, paragraph (b) is
revised to read as follows:
§ 648.123
Scup accountability measures.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(b) Non-landing accountability
measure. In the event that the
commercial ACL has been exceeded and
the overage has not been accommodated
through the landings-based AM, then
the following procedure will be
followed:
(1) Overfishing, rebuilding, or
unknown stock status. If the most recent
estimate of biomass is below the BMSY
threshold (i.e., B/BMSY is less than 0.5),
the stock is under a rebuilding plan, or
the biological reference points (B or
BMSY) are unknown, and the commercial
ACL has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s commercial catch estimate
exceeded the most recent year’s
commercial ACL will be deducted, in
the following fishing year from the
commercial ACT, as a single-year
adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the Commercial ACL has been
exceeded, but not the overall ABC, then
no single-year AM payback is required.
(ii) If the Commercial ACL and ABC
have been exceeded, then a scaled
single-year adjustment to the
commercial ACT will be made, in the
following fishing year. The ACT will be
reduced by the exact amount, in
pounds, of the product of the overage,
defined as the difference between the
commercial catch and the commercial
ACT, and the payback coefficient. The
payback coefficient is the difference
VerDate Sep<11>2014
15:53 Oct 24, 2018
Jkt 247001
between the most recent estimate of
biomass and BMSY (i.e., BMSY¥B)
divided by one-half of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then no single-year AM payback is
required.
*
*
*
*
*
4. In § 648.143, paragraph (b) is
revised to read as follows:
■
§ 648.143 Black sea bass accountability
measures
*
*
*
*
*
(b) Non-landing accountability
measure. In the event that the
commercial ACL has been exceeded and
the overage has not been accommodated
through the landings-based AM, then
the following procedure will be
followed:
(1) Overfishing, rebuilding, or
unknown stock status. If the most recent
estimate of biomass is below the BMSY
threshold (i.e., B/BMSY is less than 0.5),
the stock is under a rebuilding plan, or
the biological reference points (B or
BMSY) are unknown, and the commercial
ACL has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s commercial catch estimate
exceeded the most recent year’s
commercial ACL will be deducted, in
the following fishing year from the
commercial ACT, as a single-year
adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the Commercial ACL has been
exceeded, but not the overall ABC, then
no single-year AM payback is required.
(ii) If the Commercial ACL and ABC
have been exceeded, then a scaled
single-year adjustment to the
commercial ACT will be made, in the
following fishing year. The ACT will be
reduced by the exact amount, in
pounds, of the product of the overage,
defined as the difference between the
commercial catch and the commercial
ACT, and the payback coefficient. The
payback coefficient is the difference
between the most recent estimate of
biomass and BMSY (i.e., BMSY¥B)
divided by one-half of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
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53827
then no single-year AM payback is
required.
*
*
*
*
*
[FR Doc. 2018–23289 Filed 10–24–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180531512–8512–01]
RIN 0648–BH97
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States; Tribal
Usual and Accustomed Fishing Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
the decision in United States v.
Washington, 2:09–sp–00001–RSM,
(W.D. Wash. March 5, 2018) (Order
Regarding Boundaries of Quinault and
Quileute U&As), which revised the
western boundaries of the usual and
accustomed (U&A) fishing areas of the
Quileute Indian Tribe and Quinault
Indian Nation.
DATES: This final rule is effective
October 25, 2018.
ADDRESSES: Information relevant to this
final rule is available from Aja Szumylo,
West Coast Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070.
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://www.federalregister.
gov. Background information and
documents are available at the NMFS
West Coast Region website at https://
www.westcoast.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Kathryn Blair, phone: 503–231–6858,
fax: 503–231–6893, or email:
kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Regulations at 50 CFR 660.4 describe
the usual and accustomed fishing areas
of Indian tribes with treaty fishing rights
to species managed under the
Magnuson-Stevens Fisheries
Conservation and Management Act
(Magnuson-Stevens Act). Those
regulations explain that boundaries of a
tribe’s fishing area may be revised as
E:\FR\FM\25OCR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53825-53827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23289]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180220191-8945-02]
RIN 0648-BH80
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Commercial Accountability Measures
Framework Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing a commercial framework adjustment to the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that
modifies the accountability measures required for overages not caused
by directed landings (i.e., discards) in the summer flounder, scup, and
black sea bass fisheries. This adjustment incorporates the status of
the stocks into the accountability measures. This action is intended to
provide additional flexibility in determining when accountability
measures are appropriate, similar to the method already used in the
recreational fisheries for these species.
DATES: Effective November 26, 2018.
ADDRESSES: Copies of this framework adjustment, including the
Environmental Assessment (EA) and other supporting documents for the
action, are available upon request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901. These documents are also
accessible via the internet at https://www.mafmc.org/actions/sfsbsb-commercial-am-framework.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission. This action implements a modification to the
Federal accountability measures (AM) that are enacted when the
commercial annual catch limit (ACL) is exceeded due to discards for any
of these three species.
There are two types of commercial fishery AMs outlined in the
summer flounder, scup, and black sea bass regulations. The first is a
pound-for-pound overage repayment that is applied when the commercial
quota is exceeded as a result of landings. This landings-based AM is
not adjusted by this action. The second is a non-landings based AM that
is applied to the commercial annual catch target (ACT) if the ACL has
been exceeded, and the overage is not caused by landings, but
[[Page 53826]]
rather by higher discards than those estimated prior to the fishing
year. This action adjusts this non-landings-based AM for the summer
flounder, scup, and black sea bass fisheries to account for the
variability in commercial discard estimates. This approach also
provides additional flexibility to these AMs based on stock status and
the biological consequences, if any, of estimated discard overages.
The proposed rule for this action published in the Federal Register
on August 9, 2018 (83 FR 39398), and comments were accepted through
September 10, 2018. We received nine comments from the public, but no
changes to the final rule are necessary as a result of those comments.
Additional background information regarding the development of this
action can be found in the proposed rule, and is not repeated here.
Final Action
This action incorporates stock status into non-landings AMs
determinations, as described in the proposed rule. When discards cause
the commercial ACL to be exceeded, the following system will now be
used to determine AMs:
(1) If the current biomass is above the biomass target, no overage
payback is required.
(2) If the current biomass is above the biomass threshold (i.e.,
the stock is not overfished), but below the biomass target, and the
stock is not under a rebuilding plan, then one of the following non-
landings paybacks are applied:
a. If discards cause the commercial ACL, but not the acceptable
biological catch (ABC), to be exceeded, no overage repayment is
required; or
b. If discards cause both the commercial ACL and ABC to be
exceeded, a scaled, single-year adjustment to the commercial ACT will
be made. The adjustment would be scaled based on stock biomass, so that
the adjustment is larger the closer the biomass is to the threshold.
(3) If the stock is overfished, under a rebuilding plan, or the
biological reference points (i.e., stock status) are unknown, then a
pound-for-pound payback is required for any non-landings overage.
The scaled payback required in scenario 2b above would be
calculated as the product of the difference between the total catch and
the ACL (i.e., the overage amount) and a payback coefficient. The
payback coefficient is the difference between the most recent estimate
of biomass target and the current biomass, divided by one half of the
biomass target. This scaling is intended to minimize impacts of a
payback for healthy stocks, while still accounting for the biological
consequences of the overage. For more description of the scaled payback
calculation, see the proposed rule for this action.
Comments and Responses
The public comment period for the proposed rule ended on September
10, 2018, and a total of nine comments were received from the public.
Three comments from different industry groups all expressed support for
the action as described in the proposed rule. Two comments outlined
different perceptions of the current stock status, quotas, and
commercial state-by-state allocations in the summer flounder fishery.
These issues are not responsive to the specific measures in this
action, but are currently under consideration by the Council in its
ongoing development of summer flounder specifications and the
commercial summer flounder amendment. The other four comments received
were not relevant to this action or these fisheries in general, and did
not warrant a response in the context of the current rulemaking. No
changes to the proposed rule will be made as a result of these
comments.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification, and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 19, 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. 648.103, paragraph (b)(3) is revised to read as follows:
Sec. 648.103 Summer flounder accountability measures.
* * * * *
(b) * * *
(3) Non-landing accountability measure. In the event that the
commercial ACL is exceeded and that the overage has not been
accommodated through the landings-based AM, then the following
procedure will be followed:
(i) Overfishing, rebuilding, or unknown stock status. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the commercial ACL has been exceeded,
then the exact amount, in pounds, by which the most recent year's
commercial catch estimate exceeded the most recent year's commercial
ACL will be deducted, in the following fishing year from the commercial
ACT, as a single-year adjustment.
(ii) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(A) If the Commercial ACL has been exceeded, but not the overall
ABC, then no single-year AM payback is required.
(B) If the Commercial ACL and ABC have been exceeded, then a scaled
[[Page 53827]]
single-year adjustment to the commercial ACT will be made, in the
following fishing year. The ACT will be reduced by the exact amount, in
pounds, of the product of the overage, defined as the difference
between the commercial catch and the commercial ACT, and the payback
coefficient. The payback coefficient is the difference between the most
recent estimate of biomass and BMSY (i.e., BMSY-
B) divided by one-half of BMSY.
(iii) If biomass is above BMSY. If the most recent
estimate of biomass is above BMSY (i.e., B/BMSY
is greater than 1.0), then no single-year AM payback is required.
* * * * *
0
3. In Sec. 648.123, paragraph (b) is revised to read as follows:
Sec. 648.123 Scup accountability measures.
* * * * *
(b) Non-landing accountability measure. In the event that the
commercial ACL has been exceeded and the overage has not been
accommodated through the landings-based AM, then the following
procedure will be followed:
(1) Overfishing, rebuilding, or unknown stock status. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the commercial ACL has been exceeded,
then the exact amount, in pounds, by which the most recent year's
commercial catch estimate exceeded the most recent year's commercial
ACL will be deducted, in the following fishing year from the commercial
ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Commercial ACL has been exceeded, but not the overall
ABC, then no single-year AM payback is required.
(ii) If the Commercial ACL and ABC have been exceeded, then a
scaled single-year adjustment to the commercial ACT will be made, in
the following fishing year. The ACT will be reduced by the exact
amount, in pounds, of the product of the overage, defined as the
difference between the commercial catch and the commercial ACT, and the
payback coefficient. The payback coefficient is the difference between
the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent
estimate of biomass is above BMSY (i.e., B/BMSY
is greater than 1.0), then no single-year AM payback is required.
* * * * *
0
4. In Sec. 648.143, paragraph (b) is revised to read as follows:
Sec. 648.143 Black sea bass accountability measures
* * * * *
(b) Non-landing accountability measure. In the event that the
commercial ACL has been exceeded and the overage has not been
accommodated through the landings-based AM, then the following
procedure will be followed:
(1) Overfishing, rebuilding, or unknown stock status. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the commercial ACL has been exceeded,
then the exact amount, in pounds, by which the most recent year's
commercial catch estimate exceeded the most recent year's commercial
ACL will be deducted, in the following fishing year from the commercial
ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Commercial ACL has been exceeded, but not the overall
ABC, then no single-year AM payback is required.
(ii) If the Commercial ACL and ABC have been exceeded, then a
scaled single-year adjustment to the commercial ACT will be made, in
the following fishing year. The ACT will be reduced by the exact
amount, in pounds, of the product of the overage, defined as the
difference between the commercial catch and the commercial ACT, and the
payback coefficient. The payback coefficient is the difference between
the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent
estimate of biomass is above BMSY (i.e., B/BMSY
is greater than 1.0), then no single-year AM payback is required.
* * * * *
[FR Doc. 2018-23289 Filed 10-24-18; 8:45 am]
BILLING CODE 3510-22-P
