Revisions to Framework Adjustment 58 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements; Updated Annual Catch Limits for Sectors and the Common Pool for Fishing Year 2019; Correction, 4595-4601 [2020-00652]
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Rules and Regulations
(14) Other jacks complex (lesser
amberjack, almaco jack, and banded
rudderfish). Until the commercial ACL
specified in § 622.193(l)(1)(i) is
reached—500 lb (227 kg), gutted weight;
520 lb (236 kg), round weight. See
§ 622.193(l)(1)(i) for the limitations
regarding the other jacks complex after
the commercial ACL is reached.
*
*
*
*
*
[FR Doc. 2020–00912 Filed 1–24–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200110–0007; RTID 0648–
XX008]
Revisions to Framework Adjustment
58 to the Northeast Multispecies
Fishery Management Plan and Sector
Annual Catch Entitlements; Updated
Annual Catch Limits for Sectors and
the Common Pool for Fishing Year
2019; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
That action became effective on July 18,
2019 (84 FR 34799; July 19, 2019). This
rule corrects minor errors published in
the Framework Adjustment 58 final rule
and distributes unused sector quota
carried over from fishing year 2018.
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; adjustment to
specifications; correction.
This final rule corrects minor
errors published in our rule approving
and implementing Framework
Adjustment 58 to the Northeast
Multispecies Fishery Management Plan
and distributes sector allocation carried
over from fishing year 2018 into fishing
year 2019 as authorized by the sector
regulations. This action is necessary to
correct errors published in the final rule
and to allocate carryover quota to
sectors. The carryover adjustments are
routine and formulaic, and industry
expects them each year.
DATES: Effective January 24, 2020,
through April 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281–9255.
SUPPLEMENTARY INFORMATION: We
recently published a final rule
approving Framework Adjustment 58 to
the Northeast Multispecies Fishery
Management Plan (FMP), which set
2019–2020 annual catch limits (ACL) for
four groundfish stocks, and 2019 ACLs
for three shared U.S./Canada stocks.
SUMMARY:
Corrections to Framework Adjustment
58
Correction to Fishing Year 2020 Georges
Bank Yellowtail Flounder Acceptable
Biological Catch in Table 2
Table 2 published fishing year 2019
and 2020 overfishing limits and
acceptable biological catch (ABC) for 20
groundfish stocks. The fishing year 2020
ABC published in the table for Georges
Bank (GB) yellowtail flounder was
incorrect. The ABC published in
Framework Adjustment 58 was 168 mt,
but the ABC approved by the Scientific
and Statistical Committee was 162 mt.
This error was the result of a
typographical error in the
Environmental Assessment that was
repeated in the rulemaking. It did not
affect the ACL or sub-ACL. The
corrected information appears in the
table below.
TABLE 1—CORRECTED FISHING YEARS 2019–2020 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES FOR GB
YELLOWTAIL FLOUNDER (mt, live weight), TABLE 2 IN FRAMEWORK ADJUSTMENT 58
2019
OFL
U.S. ABC
Percent
change from
2018
UNK ......................................
106
¥50
Stock
GB Yellowtail Flounder ..........
Correction to Fishing Year 2019 Gulf of
Maine Cod Annual Catch Limits in
Table 3
In fishing year 2017, Gulf of Maine
(GOM) cod catch exceeded the total
ACL and ABC due to excess catch by the
recreational fishery, state waters subcomponent, and the other subcomponent. Accountability measures
described in the regulations require
sectors and the common pool to pay
back their share of the overage for the
unallocated fishery components (state
waters and other sub-components)
2020
pound-for-pound. The application of
this accountability measure resulted in
reductions of 28.8 mt to the sector subACL and 0.4 mt to the common pool
sub-ACL for fishing year 2019.
Framework Adjustment 58 announced
this reduction and published revised
2019 allocations that accounted for the
overage. According to regulation, the
overage should be applied to the sector
and common pool sub-ACLs only; the
total ACL and commercial groundfish
sub-ACL should not be reduced. The
GOM cod total ACL and commercial
groundfish sub-ACL published in
OFL
U.S. ABC
UNK ......................................
162
Framework Adjustment 58 were
incorrectly reduced to reflect the
overage. The table below displays the
incorrect GOM cod ACL and
commercial groundfish sub-ACL
originally published in Table 3 in
Framework Adjustment 58, as well as
the corrected values. This correction is
administrative only, does not change the
amount of quota available to sectors or
the common pool, and ensures the
published catch limits are consistent
with the Framework 58 Environmental
Assessment.
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TABLE 2—CORRECTED GOM COD CATCH LIMITS FOR 2019 FISHING YEAR (mt, live weight), TABLE 3 IN FRAMEWORK
ADJUSTMENT 58
Stock
Total ACL
Groundfish
sub-ACL
Final
sector
sub-ACL
Final common pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State
waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
..................
................
................
Framework 58 GOM Cod ..........
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Rules and Regulations
TABLE 2—CORRECTED GOM COD CATCH LIMITS FOR 2019 FISHING YEAR (mt, live weight), TABLE 3 IN FRAMEWORK
ADJUSTMENT 58—Continued
Stock
Total ACL
Groundfish
sub-ACL
Final
sector
sub-ACL
Final common pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State
waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
..................
................
................
Corrected GOM Cod .................
666
610
Correction to Formatting in Table 8
The final rule for Framework
Adjustment 58 included Table 8, which
350
11
220
47
9
rule included a formatting error that
made Table 8 difficult to interpret. This
rule republishes Table 8 in the correct
format.
provided the incidental catch total
allowable catches (TACs) for each
special management program for fishing
years 2019 and 2020. The published
TABLE 3—FISHING YEARS 2019–2020 INCIDENTAL TACS FOR EACH SPECIAL MANAGEMENT PROGRAM (mt, live weight),
TABLE 8 IN FRAMEWORK ADJUSTMENT 58
Regular B DAS program
Closed area I hook gear
haddock SAP
Stock
2019
GB Cod ....................................................
GOM Cod .................................................
GB Yellowtail Flounder ............................
CC/GOM Yellowtail Flounder ...................
American Plaice .......................................
Witch Flounder .........................................
SNE/MA Winter Flounder ........................
0.54
0.11
0.02
0.21
1.57
1.15
0.74
Correction to Terminal Year of Witch
Flounder Rebuilding Plan
Framework Adjustment 58 included
new or revised rebuilding plans for
several stocks, including witch
flounder. The New England Fishery
Management Council approved, and
Framework Adjustment 58
implemented, a 23-year rebuilding plan
for witch flounder. The final rule stated
that the plan’s official start date would
be January 1, 2020, with a target to
rebuild by calendar year (CY) 2043. A
stock on a 23-year rebuilding plan that
begins in CY 2020 would be expected to
rebuild by the end of CY 2042, not CY
2043. This rule corrects the terminal
year for the witch flounder rebuilding
plan to CY 2042.
Sector Carryover Allocations From
Fishing Year 2018
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Sector regulations at 50 CFR 648.87(c)
authorize us to adjust annual catch
entitlement (ACE) carryover to ensure
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2020
2019
0.67
0.11
0.04
0.21
1.46
1.15
0.74
2020
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Fmt 4700
2019
2020
0.17
0.22
0.37
0.46
........................
........................
0.02
0.04
that the total unused ACE combined
with the overall sub-ACL does not
exceed the ABC for the fishing year in
which the carryover may be harvested.
We have completed 2018 fishing year
data reconciliation with sectors and
determined final 2018 fishing year
sector catch and the amount of
allocation that sectors may carry over
from the 2018 to the 2019 fishing year.
A sector may carry over up to 10 percent
of unused ACE for each stock, except in
instances where the amount of unused
ACE was reduced so as not to exceed
the ABC. Accordingly, unused ACE
from fishing year 2018 available to carry
over to 2019 was reduced for the
following stocks: GB cod, GB haddock;
GOM haddock; Southern New England/
Mid-Atlantic (SNE/MA) yellowtail
flounder; Cape Cod/GOM yellowtail
flounder; American plaice; GB winter
flounder; GOM winter flounder; SNE/
MA winter flounder; redfish; white
hake; and pollock. Complete details on
PO 00000
Eastern U.S./Canada haddock
SAP
Sfmt 4700
carryover reduction percentages can be
found at: https://www.greateratlantic.
fisheries.noaa.gov/ro/fso/reports/h/
groundfish_catch_accounting. Table 4
includes the maximum amount of
allocation that sectors may carry over
from the 2018 to the 2019 fishing year.
Table 5 includes the de minimis
amount of carryover for each sector for
the 2019 fishing year. If the overall ACL
for any allocated stock is exceeded for
the 2019 fishing year, the allowed
carryover harvested by a sector, minus
the pounds in the sector’s de minimis
amount, will be counted against its
allocation to determine whether an
overage subject to an accountability
measure occurred. Tables 6 and 7 list
the final ACE available to sectors for the
2019 fishing year, including finalized
carryover amounts for each sector, as
adjusted down when necessary to equal
each stock’s ABC.
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BILLING CODE 3510–22–C
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Classification
The NMFS Assistant Administrator
has determined that this rule is
consistent with the Northeast
Multispecies FMP, other provisions of
the Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable laws.
This rule has been determined to be
not significant for the purposes of
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we
find good cause to waive prior public
notice and opportunity for public
comment on the minor corrections and
allocation adjustments because allowing
time for notice and comment is
impracticable, unnecessary, and
contrary to the public interest. We also
find good cause to waive the 30-day
delay in effectiveness pursuant to 5
U.S.C. 553(d)(1) and (3), so that this
final rule may become effective in a
timely manner and maximize the
economic benefits of the adjusted
allocations to the fishery.
Notice and comment and a 30-day
delay in effectiveness would be
impracticable, unnecessary, and
contrary to the public interest. The
adjustments in this rule are necessary to
correct minor errors made in the
Framework Adjustment 58 final rule.
Correcting these errors is not subject to
our discretion, so there would be no
benefit to allowing time for notice and
comment. Immediate implementation
corrects information published in
Framework Adjustment 58 and provides
industry with the most accurate
information. Delaying these adjustments
could cause confusion to industry. The
distribution of unused quota carried
over from the previous fishing year is an
annual adjustment action that is
expected by industry and causes no
economic harm. Some of these
adjustments increase available catch.
They are routine, formulaic, and
authorized by regulation. Delaying these
adjustments would result in a delay in
the distribution of unused carryover to
sectors, and could negate or reduce the
intended economic benefits of the rule.
Also, because advanced notice and
the opportunity for public comment are
not required for this action under the
Administrative Procedure Act, or any
other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., do not apply to this rule.
Therefore, no final regulatory flexibility
analysis is required and none has been
prepared.
Authority: 16 U.S.C. 1801 et seq.
VerDate Sep<11>2014
16:03 Jan 24, 2020
Jkt 250001
Dated: January 13, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–00652 Filed 1–24–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02; RTID
0648–XY066]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from vessels using jig gear to catcher
vessels less than 60 feet (18.3 meters)
length overall using hook-and-line or
pot gear in the Bering Sea and Aleutian
Islands management area. This action is
necessary to allow the A season
apportionment of the 2020 total
allowable catch of Pacific cod to be
harvested.
SUMMARY:
Effective January 24, 2020,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season apportionment of the
2020 Pacific cod total allowable catch
(TAC) specified for vessels using jig gear
in the BSAI is 1,167 metric tons (mt) as
established by the final 2019 and 2020
harvest specifications for groundfish in
the BSAI (84 FR 9000, March 13, 2019)
and inseason adjustment (85 FR 19,
January 2, 2020).
DATES:
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4601
The 2020 Pacific cod TAC allocated to
catcher vessels less than 60 feet (18.3
meters(m)) length overall (LOA) using
hook-and-line or pot gear in the BSAI is
2,766 mt as established by final 2019
and 2020 harvest specifications for
groundfish in the BSAI (84 FR 9000,
March 13, 2019) and inseason
adjustment (85 FR 19, January 2, 2020).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that jig vessels will not be
able to harvest 667 mt of the A season
apportionment of the 2020 Pacific cod
TAC allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iv)(C),
NMFS apportions 667 mt of Pacific cod
from the A season jig gear
apportionment to the annual amount
specified for catcher vessels less than 60
feet (18.3 m) LOA using hook-and-line
or pot gear.
The harvest specifications for 2020
Pacific cod included in final 2019 and
2020 harvest specifications for
groundfish in the BSAI (84 FR 9000,
March 13, 2019) and inseason
adjustment (85 FR 19, January 2, 2020)
are revised as follows: 500 mt to the A
season apportionment and 1,278 mt to
the annual amount for vessels using jig
gear, and 3,433 mt to catcher vessels
less than 60 feet (18.3 m) LOA using
hook-and-line or pot gear.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of Pacific cod
specified from jig vessels to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear. Since
the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
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[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Rules and Regulations]
[Pages 4595-4601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00652]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200110-0007; RTID 0648-XX008]
Revisions to Framework Adjustment 58 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements; Updated Annual Catch Limits for Sectors and the Common
Pool for Fishing Year 2019; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; adjustment to specifications; correction.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects minor errors published in our rule
approving and implementing Framework Adjustment 58 to the Northeast
Multispecies Fishery Management Plan and distributes sector allocation
carried over from fishing year 2018 into fishing year 2019 as
authorized by the sector regulations. This action is necessary to
correct errors published in the final rule and to allocate carryover
quota to sectors. The carryover adjustments are routine and formulaic,
and industry expects them each year.
DATES: Effective January 24, 2020, through April 30, 2020.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281-9255.
SUPPLEMENTARY INFORMATION: We recently published a final rule approving
Framework Adjustment 58 to the Northeast Multispecies Fishery
Management Plan (FMP), which set 2019-2020 annual catch limits (ACL)
for four groundfish stocks, and 2019 ACLs for three shared U.S./Canada
stocks. That action became effective on July 18, 2019 (84 FR 34799;
July 19, 2019). This rule corrects minor errors published in the
Framework Adjustment 58 final rule and distributes unused sector quota
carried over from fishing year 2018.
Corrections to Framework Adjustment 58
Correction to Fishing Year 2020 Georges Bank Yellowtail Flounder
Acceptable Biological Catch in Table 2
Table 2 published fishing year 2019 and 2020 overfishing limits and
acceptable biological catch (ABC) for 20 groundfish stocks. The fishing
year 2020 ABC published in the table for Georges Bank (GB) yellowtail
flounder was incorrect. The ABC published in Framework Adjustment 58
was 168 mt, but the ABC approved by the Scientific and Statistical
Committee was 162 mt. This error was the result of a typographical
error in the Environmental Assessment that was repeated in the
rulemaking. It did not affect the ACL or sub-ACL. The corrected
information appears in the table below.
Table 1--Corrected Fishing Years 2019-2020 Overfishing Limits and Acceptable Biological Catches for GB Yellowtail Flounder (mt, live weight), Table 2 in
Framework Adjustment 58
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 2020
Stock ----------------------------------------------- Percent change ----------------------------------------------
OFL U.S. ABC from 2018 OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Yellowtail Flounder................... UNK......................... 106 -50 UNK......................... 162
--------------------------------------------------------------------------------------------------------------------------------------------------------
Correction to Fishing Year 2019 Gulf of Maine Cod Annual Catch Limits
in Table 3
In fishing year 2017, Gulf of Maine (GOM) cod catch exceeded the
total ACL and ABC due to excess catch by the recreational fishery,
state waters sub-component, and the other sub-component. Accountability
measures described in the regulations require sectors and the common
pool to pay back their share of the overage for the unallocated fishery
components (state waters and other sub-components) pound-for-pound. The
application of this accountability measure resulted in reductions of
28.8 mt to the sector sub-ACL and 0.4 mt to the common pool sub-ACL for
fishing year 2019.
Framework Adjustment 58 announced this reduction and published
revised 2019 allocations that accounted for the overage. According to
regulation, the overage should be applied to the sector and common pool
sub-ACLs only; the total ACL and commercial groundfish sub-ACL should
not be reduced. The GOM cod total ACL and commercial groundfish sub-ACL
published in Framework Adjustment 58 were incorrectly reduced to
reflect the overage. The table below displays the incorrect GOM cod ACL
and commercial groundfish sub-ACL originally published in Table 3 in
Framework Adjustment 58, as well as the corrected values. This
correction is administrative only, does not change the amount of quota
available to sectors or the common pool, and ensures the published
catch limits are consistent with the Framework 58 Environmental
Assessment.
Table 2--Corrected GOM Cod Catch Limits for 2019 Fishing Year (mt, live weight), Table 3 in Framework Adjustment 58
--------------------------------------------------------------------------------------------------------------------------------------------------------
Final State
Groundfish Final common Recreational Midwater Scallop Small- waters Other
Stock Total ACL sub-ACL sector pool sub- sub-ACL trawl fishery mesh sub- sub-
sub-ACL ACL fishery fisheries component component
A to H A + B + C A B C D E F G H
--------------------------------------------------------------------------------------------------------------------------------------------------------
Framework 58 GOM Cod.............. 637 581 350 11 220 .......... ......... ......... 47 9
[[Page 4596]]
Corrected GOM Cod................. 666 610 350 11 220 .......... ......... ......... 47 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Correction to Formatting in Table 8
The final rule for Framework Adjustment 58 included Table 8, which
provided the incidental catch total allowable catches (TACs) for each
special management program for fishing years 2019 and 2020. The
published rule included a formatting error that made Table 8 difficult
to interpret. This rule republishes Table 8 in the correct format.
Table 3--Fishing Years 2019-2020 Incidental TACs for Each Special Management Program (mt, live weight), Table 8 in Framework Adjustment 58
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS program Closed area I hook gear Eastern U.S./Canada haddock
-------------------------------- haddock SAP SAP
Stock ---------------------------------------------------------------
2019 2020 2019 2020 2019 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................................. 0.54 0.67 0.17 0.22 0.37 0.46
GOM Cod................................................. 0.11 0.11
GB Yellowtail Flounder.................................. 0.02 0.04 .............. .............. 0.02 0.04
CC/GOM Yellowtail Flounder.............................. 0.21 0.21
American Plaice......................................... 1.57 1.46
Witch Flounder.......................................... 1.15 1.15
SNE/MA Winter Flounder.................................. 0.74 0.74
--------------------------------------------------------------------------------------------------------------------------------------------------------
Correction to Terminal Year of Witch Flounder Rebuilding Plan
Framework Adjustment 58 included new or revised rebuilding plans
for several stocks, including witch flounder. The New England Fishery
Management Council approved, and Framework Adjustment 58 implemented, a
23-year rebuilding plan for witch flounder. The final rule stated that
the plan's official start date would be January 1, 2020, with a target
to rebuild by calendar year (CY) 2043. A stock on a 23-year rebuilding
plan that begins in CY 2020 would be expected to rebuild by the end of
CY 2042, not CY 2043. This rule corrects the terminal year for the
witch flounder rebuilding plan to CY 2042.
Sector Carryover Allocations From Fishing Year 2018
Sector regulations at 50 CFR 648.87(c) authorize us to adjust
annual catch entitlement (ACE) carryover to ensure that the total
unused ACE combined with the overall sub-ACL does not exceed the ABC
for the fishing year in which the carryover may be harvested. We have
completed 2018 fishing year data reconciliation with sectors and
determined final 2018 fishing year sector catch and the amount of
allocation that sectors may carry over from the 2018 to the 2019
fishing year. A sector may carry over up to 10 percent of unused ACE
for each stock, except in instances where the amount of unused ACE was
reduced so as not to exceed the ABC. Accordingly, unused ACE from
fishing year 2018 available to carry over to 2019 was reduced for the
following stocks: GB cod, GB haddock; GOM haddock; Southern New
England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape Cod/GOM
yellowtail flounder; American plaice; GB winter flounder; GOM winter
flounder; SNE/MA winter flounder; redfish; white hake; and pollock.
Complete details on carryover reduction percentages can be found at:
https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting. Table 4 includes the maximum amount of
allocation that sectors may carry over from the 2018 to the 2019
fishing year.
Table 5 includes the de minimis amount of carryover for each sector
for the 2019 fishing year. If the overall ACL for any allocated stock
is exceeded for the 2019 fishing year, the allowed carryover harvested
by a sector, minus the pounds in the sector's de minimis amount, will
be counted against its allocation to determine whether an overage
subject to an accountability measure occurred. Tables 6 and 7 list the
final ACE available to sectors for the 2019 fishing year, including
finalized carryover amounts for each sector, as adjusted down when
necessary to equal each stock's ABC.
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BILLING CODE 3510-22-C
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Fishery Conservation and Management Act, and other
applicable laws.
This rule has been determined to be not significant for the
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive
prior public notice and opportunity for public comment on the minor
corrections and allocation adjustments because allowing time for notice
and comment is impracticable, unnecessary, and contrary to the public
interest. We also find good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) and (3), so that this
final rule may become effective in a timely manner and maximize the
economic benefits of the adjusted allocations to the fishery.
Notice and comment and a 30-day delay in effectiveness would be
impracticable, unnecessary, and contrary to the public interest. The
adjustments in this rule are necessary to correct minor errors made in
the Framework Adjustment 58 final rule. Correcting these errors is not
subject to our discretion, so there would be no benefit to allowing
time for notice and comment. Immediate implementation corrects
information published in Framework Adjustment 58 and provides industry
with the most accurate information. Delaying these adjustments could
cause confusion to industry. The distribution of unused quota carried
over from the previous fishing year is an annual adjustment action that
is expected by industry and causes no economic harm. Some of these
adjustments increase available catch. They are routine, formulaic, and
authorized by regulation. Delaying these adjustments would result in a
delay in the distribution of unused carryover to sectors, and could
negate or reduce the intended economic benefits of the rule.
Also, because advanced notice and the opportunity for public
comment are not required for this action under the Administrative
Procedure Act, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this
rule. Therefore, no final regulatory flexibility analysis is required
and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 13, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-00652 Filed 1-24-20; 8:45 am]
BILLING CODE 3510-22-P
