81 FR 12420 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2016 Annual Catch Limits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 46 (March 9, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 46 (March 9, 2016)
| Page Range | 12420-12422 | |
| FR Document | 2016-05250 |
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)] [Rules and Regulations] [Pages 12420-12422] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05250] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151223999-6135-01] RIN 0648-XE379 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2016 Annual Catch Limits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule; adjustment of specifications. ----------------------------------------------------------------------- SUMMARY: This action adjusts initial 2016 annual catch limits for the Atlantic herring fishery to account for the under-harvest and overages of fishing year 2014 sub-annual catch limits. The 2015 specifications will remain in place after December 31, 2015, until NMFS sets new specifications through a 2016-2018 fishery specifications final rule, which NMFS expects to publish in the spring of 2016. In accordance with the regulations implementing the Atlantic Herring Fishery Management Plan, this action uses final herring catch data from 2014 for determining what under-harvest and overages occurred in fishing year 2014, and adjusts the initial 2016 annual catch limits for the four management areas (Areas 1A, 1B, 2, and 3). In addition, this action adjusts the initial 2016 stock-wide annual catch limit to account for any management area overages incurred in 2014. In order to ensure that carryover pounds do not cause overfishing of the herring resource, area-specific carryover does not increase the initial stock-wide catch [[Page 12421]] allocation. This action is necessary to ensure that NMFS accounts for herring catch consistent with the requirements of the Atlantic Herring Fishery Management Plan. DATES: Effective March 9, 2016, through December 31, 2016. ADDRESSES: Copies of supporting documents, including the 2013-2015 Specifications/Framework 2 to the Atlantic Herring Fishery Management Plan (FMP), are available from the Sustainable Fisheries Division, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315, or online at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 978-281-9244, fax 978-281-9135. SUPPLEMENTARY INFORMATION: Background The Atlantic herring harvest in the United States is managed under the FMP developed by the New England Fishery Management Council (Council). The FMP divides the stock-wide herring annual catch limit (ACL) among three management areas, one of which has two sub-areas. It divides Area 1 (located in the Gulf of Maine (GOM)) into an inshore section (Area 1A) and an offshore section (Area 1B). Area 2 is located in the coastal waters between Massachusetts and North Carolina, and Area 3 is on Georges Bank (GB). The FMP considers the herring stock complex to be a single stock, but there are inshore (GOM) and offshore (GB) stock components. The GOM and GB stock components segregate during spawning and mix during feeding and migration. Each management area has its own sub-ACL to allow greater control of the fishing mortality on each stock component. NMFS issued a final rule that implemented Amendment 4 to the FMP (76 FR 11373, March 2, 2011) to address ACL and accountability measure (AM) requirements. As a way to account for ACL overages in the herring fishery, Amendment 4 established an AM that provided if the catch of herring exceeds any ACL or sub-ACL, NMFS subsequently deducts the overage from the corresponding ACL/sub-ACL in the year following the catch overage determination. Amendment 4 also specified that NMFS will announce overage deductions in the Federal Register prior to the start of the fishing year, if possible. We also published a final rule implementing Framework 2 to the FMP and the 2013-15 specifications for the herring fishery on October 4, 2013 (78 FR 61828). Among other measures, Framework 2 allows for the carryover of unharvested catch in the year immediately following the catch determination. Up to 10 percent of each sub-ACL may be carried over, provided the stock-wide catch did not exceed the stock-wide ACL. The carryover provision allows a sub-ACL increase for a management area, but it does not allow a corresponding increase to the stock-wide ACL. NMFS was unable to set final 2016 catch limits for the herring fishery by the January 1, 2016, start of the fishing year. As a result, the 2015 specifications will remain in place until NMFS implements specifications for the 2016-2018 herring fishing years, likely the spring of 2016. Table 1 outlines the 2015 herring catch allocations, including deductions for research set-aside, which are currently in place for the 2016 fishing year. Table 1--2015 Herring Sub-ACLs (mt) Effective at the Start of 2016 ---------------------------------------------------------------------------------------------------------------- Research set-aside (3 percent 2015 adjusted 2015 sub-ACLs of sub-ACLs) sub-ACL ---------------------------------------------------------------------------------------------------------------- Area 1A....................................... 31,200 936............................. 30,264 Area 1B....................................... 4,600 138............................. 4,462 Area 2........................................ 30,000 900............................. 29,100 Area 3........................................ 42,000 1,260........................... 40,740 ----------------------------------------------------------------- Stock-wide................................ 107,800 3,234 (total of all sub-ACL set- 104,566 asides). ---------------------------------------------------------------------------------------------------------------- Provisions Implemented Through This Final Rule After completing the 2014 catch determination in December 2015, NMFS determined that in 2014 the herring fishery overharvested the sub- ACL in herring management Area 1B, but caught less than its allocated catch in the three remaining herring management areas (Areas 1A, 2, and 3). As a result, this action deducts the overage amount from the 2016 herring catch limit in herring management Area 1B and adds unharvested 2014 catch to the 2016 herring catch limits for the remaining three areas. This carryover equals to the amount of each area's underages (or up to ten percent of the allocated 2014 sub-annual catch limit, whichever is less) for herring management Areas 1A, 2, and 3. Table 2 provides the harvest details for 2014 and initial adjustments for 2016 herring catch limits. [[Page 12422]] Table 2--Herring Sub-ACLs, Catch, and Carryover (mt) -------------------------------------------------------------------------------------------------------------------------------------------------------- Carryover (max Initial 2016 10 percent of 2015 adjusted sub-ACLs 2014 sub-ACLs 2014 catch Underage or 2014 sub-ACLs sub-ACLs (from adjusted for overage *) or overage Table 1) carryover or deduction overage -------------------------------------------------------------------------------------------------------------------------------------------------------- Area 1A................................................. 33,031 32,898 133 133 30,264 30,397 Area 1B................................................. 2,878 4,399 -1,521 -1,521 4,462 2,941 Area 2.................................................. 28,764 19,626 9,138 3,000 29,100 32,100 Area 3.................................................. 39,415 36,323 3,092 3,092 40,740 43,832 ----------------------------------------------------------------------------------------------- Stock-wide.......................................... 104,088 93,247 10,841 NA 104,566 ** 103,045 -------------------------------------------------------------------------------------------------------------------------------------------------------- * Maximum carryover, where applicable, is based on 10 percent of initial 2014 ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and Area 3, 42,000 mt. ** Although the initial 2016 stock-wide ACL cannot be increased by carryover, it is deducted by the amount of overage in Area 1B. NMFS calculated the amount of herring landings in 2014 based on dealer reports (Federal and state) of herring purchases, supplemented by vessel trip reports (VTRs) and vessel monitoring system (VMS) reports (Federal and State of Maine) of herring landings. We generally use dealer reports to estimate landings; however, if the amount of herring reported via VTR exceeded the amount of herring reported by the dealer by 10 percent or more, we assumed that the dealer report for that trip was in error, and used the VTR report instead. Landings were assigned to individual herring management areas using VMS reports, or latitude and longitude coordinates from VTR reports when a VMS report was not available. We used recent fishing activity to infer herring management areas for records without a corresponding VTR or VMS catch report. Herring discards were estimated by extrapolating discards from herring trips observed by the Northeast Fisheries Observer Program to all herring trips (observed and unobserved) according to gear and herring management area. Research Set-Aside herring catch was deducted from total herring catch and not counted towards the commercial herring quota. Classification Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the MSA, and other applicable law. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action. Notice and comment are impracticable and contrary to the public interest because a delay would potentially impair achievement of the management plan's objectives of preventing overfishing and achieving optimum yield due to vessels' ability to harvest available catch allocations. Further, this is a nondiscretionary action required by provisions of Amendment 4 and Framework 2, which were previously subject to public comment. This action simply effectuates this mandatory calculation. The proposed and final rules for Framework 2 and Amendment 4 explained the need and likelihood for adjustments to the sub-ACLs based on final catch numbers. Framework 2, specifically, provided prior notice of the need to distribute carryover catch. These actions provided a full opportunity for the public to comment on the substance and process of this action. Allowing for prior notice and public comment on this adjustment is also impracticable because the herring fishing year already began on January 1, 2016. To prevent confusion and potential overharvests, it will be in the best interest of the fleet and the herring resource to set the adjusted sub-ACLs as soon as possible. Three areas are currently closed and will open on either May 1 (i.e., Management Areas 1B and 3) or June 1 (i.e., Management Area 1A). Management Area 2 is already open and subject to a lower catch limit until this action is implemented. Putting in place the adjusted initial sub-ACLs as soon as possible will provide the fleet with this opportunity to develop their business plans in sufficient time to facilitate their harvest of available catch. There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make the rule effective upon publication in the Federal Register. The 2016 herring fishing year began on January 1, 2016. To prevent confusion and potential overharvests, it will be in the best interest of the fleet and the herring resource to have the adjusted sub-ACLs in place as soon as possible. Due to seasonal closures of Area 1A and 1B, and closure of most of Area 3 because of haddock catch, only Area 2 is open and it is subject to a lower catch limit until this action is implemented. Putting in place the adjusted initial sub-ACLs as soon as possible will provide the fleet with this opportunity to develop their business plans in sufficient time to facilitate their harvest of available catch. Accordingly, any delay in the rule's effectiveness would be contrary to the conservation objectives of the MSA and the FMP. This action is required by 50 CFR part 648 subpart K and is exempt from review under Executive Order 12866. This final rule does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Authority: 16 U.S.C. 1801 et seq. Dated: March 2, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-05250 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
![12420 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Rules and Regulations
NATIONAL AERONAUTICS AND merely reassigns the role of NASA Counsel is the ‘‘debarring official,’’ the
SPACE ADMINISTRATION suspending and debarring official from ‘‘suspending official,’’ and the agency
the Assistant Administrator for head’s ‘‘designee.’’
48 CFR Parts 1809 and 1852 Procurement to the Deputy General
Counsel. This change affects only the PART 1852—SOLICITATION
RIN 2700–AE26
internal operating procedures of the PROVISIONS AND CONTRACT
NASA FAR Supplement: NASA Government. CLAUSES
Suspending and Debarring Official III. Executive Orders 12866 and 13563 ■ 3. The authority citation for part 1852
AGENCY: National Aeronautics and Executive Orders (E.O.s) 12866 and is revised to read as follows:
Space Administration. 13563 direct agencies to assess all costs Authority: 51 U.S.C. 20113(a) and 48 CFR
ACTION: Final rule. and benefits of available regulatory chapter 1.
alternatives and, if regulation is
SUMMARY: National Aeronautics and 1852.223–73 [Amended]
necessary, to select regulatory
Space Administration (NASA) is issuing approaches that maximize net benefits ■ 4. Amend section 1852.223–73 by
a final rule to amend the NASA FAR (including potential economic, redesignating paragraph (d) as (c).
Supplement (NFS) to change the role of environmental, public health, and safety [FR Doc. 2016–05231 Filed 3–8–16; 8:45 am]
NASA suspending and debarring official effects, distributive impacts, and BILLING CODE 7510–13–P
from the Assistant Administrator for equity). E.O. 13563 emphasizes the
Procurement to the Deputy General importance of quantifying both costs
Counsel and to make other editorial and benefits, of reducing costs, of DEPARTMENT OF COMMERCE
changes. harmonizing rules, and of promoting
DATES: Effective: April 8, 2016. flexibility. This is not a significant National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT:
regulatory action and, therefore, was not Administration
Manuel Quinones, NASA, Office of subject to review under section 6(b) of
Procurement, telephone (202) 358–2143. E.O. 12866, Regulatory Planning and 50 CFR Part 648
Review, dated September 30, 1993. This
SUPPLEMENTARY INFORMATION: [Docket No. 151223999–6135–01]
rule is not a major rule under 5 U.S.C.
I. Background 804. RIN 0648–XE379
NASA has not published a proposed IV. Regulatory Flexibility Act Fisheries of the Northeastern United
rule in the Federal Register to reassign The Regulatory Flexibility Act does States; Atlantic Herring Fishery;
the role of NASA Suspending and not apply to this rule because this final Adjustments to 2016 Annual Catch
Debarring Official (SDO) from the NASA rule does not constitute a significant Limits
Assistant Administrator for NFS revision within the meaning of
Procurement to the NASA Deputy FAR 1.501–1 and 41 U.S.C. 1707 does AGENCY: National Marine Fisheries
General Counsel at NFS 1809.403, not require publication for public Service (NMFS), National Oceanic and
because this change affects only the comment. Atmospheric Administration (NOAA),
internal operating procedures of the Commerce.
Government and has no significant cost V. Paperwork Reduction Act ACTION: Temporary final rule;
or administrative or cost impact on The rule does not contain any adjustment of specifications.
contractors or offerors. information collection requirements that
Additionally, section 1852.223–73 is require the approval of the Office of SUMMARY: This action adjusts initial
revised to correct a typographical error Management and Budget under the 2016 annual catch limits for the Atlantic
by redesignating paragraph (d) as (c). No Paperwork Reduction Act (44 U.S.C. herring fishery to account for the under-
other changes to the clause are made. chapter 35). harvest and overages of fishing year
2014 sub-annual catch limits. The 2015
II. Publication of This Final Rule for List of Subjects in 48 CFR 1809 and specifications will remain in place after
Public Comment Is Not Required by 1852 December 31, 2015, until NMFS sets
Statute new specifications through a 2016–2018
Government procurement.
Publication of proposed regulations, fishery specifications final rule, which
41 U.S.C. 1707, is the statute which Manuel Quinones, NMFS expects to publish in the spring
applies to the publication of the Federal NASA FAR Supplement Manager. of 2016. In accordance with the
Acquisition Regulation. Paragraph (a)(1) Accordingly, 48 CFR parts 1809 and regulations implementing the Atlantic
of the statute requires that a 1852 are amended as follows: Herring Fishery Management Plan, this
procurement policy, regulation, action uses final herring catch data from
procedure or form (including an PART 1809—CONTRACTOR 2014 for determining what under-
amendment or modification thereof) QUALIFICATIONS harvest and overages occurred in fishing
must be published for public comment year 2014, and adjusts the initial 2016
if it relates to the expenditure of ■ 1. The authority citation for part 1809 annual catch limits for the four
appropriated funds, and has either a is revised to read as follows: management areas (Areas 1A, 1B, 2, and
significant effect beyond the internal Authority: 51 U.S.C. 20113(a) and 48 CFR 3). In addition, this action adjusts the
operating procedures of the agency chapter 1. initial 2016 stock-wide annual catch
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issuing the policy, regulation, procedure ■ 2. Revise section 1809.403 to read as limit to account for any management
or form, or has a significant cost or follows: area overages incurred in 2014. In order
administrative impact on contractors or to ensure that carryover pounds do not
offerors. This final rule is not required 1809.403 Definitions. cause overfishing of the herring
to be published for public comment, For purposes of FAR subpart 9.4 and resource, area-specific carryover does
because the revision to section 1809.403 this subpart, the Deputy General not increase the initial stock-wide catch
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TABLE 2—HERRING SUB-ACLS, CATCH, AND CARRYOVER (mt)
Carryover Initial 2016
(max 10 per- 2015 adjusted sub-ACLs
2014 Underage or cent of 2014
2014 catch sub-ACLs adjusted for
sub-ACLs overage sub-ACLs *) or (from Table 1) carryover or
overage overage
deduction
Area 1A .................................................... 33,031 32,898 133 133 30,264 30,397
Area 1B .................................................... 2,878 4,399 ¥1,521 ¥1,521 4,462 2,941
Area 2 ...................................................... 28,764 19,626 9,138 3,000 29,100 32,100
Area 3 ...................................................... 39,415 36,323 3,092 3,092 40,740 43,832
Stock-wide ........................................ 104,088 93,247 10,841 NA 104,566 ** 103,045
* Maximum carryover, where applicable, is based on 10 percent of initial 2014 ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000
mt; and Area 3, 42,000 mt.
** Although the initial 2016 stock-wide ACL cannot be increased by carryover, it is deducted by the amount of overage in Area 1B.
NMFS calculated the amount of this action. Notice and comment are effective date and make the rule
herring landings in 2014 based on impracticable and contrary to the public effective upon publication in the
dealer reports (Federal and state) of interest because a delay would Federal Register. The 2016 herring
herring purchases, supplemented by potentially impair achievement of the fishing year began on January 1, 2016.
vessel trip reports (VTRs) and vessel management plan’s objectives of To prevent confusion and potential
monitoring system (VMS) reports preventing overfishing and achieving overharvests, it will be in the best
(Federal and State of Maine) of herring optimum yield due to vessels’ ability to interest of the fleet and the herring
landings. We generally use dealer harvest available catch allocations. resource to have the adjusted sub-ACLs
reports to estimate landings; however, if Further, this is a nondiscretionary in place as soon as possible. Due to
the amount of herring reported via VTR action required by provisions of seasonal closures of Area 1A and 1B,
exceeded the amount of herring Amendment 4 and Framework 2, which and closure of most of Area 3 because
reported by the dealer by 10 percent or were previously subject to public of haddock catch, only Area 2 is open
more, we assumed that the dealer report comment. This action simply effectuates and it is subject to a lower catch limit
for that trip was in error, and used the this mandatory calculation. The until this action is implemented. Putting
VTR report instead. Landings were proposed and final rules for Framework in place the adjusted initial sub-ACLs as
assigned to individual herring 2 and Amendment 4 explained the need soon as possible will provide the fleet
management areas using VMS reports, and likelihood for adjustments to the with this opportunity to develop their
or latitude and longitude coordinates sub-ACLs based on final catch numbers. business plans in sufficient time to
from VTR reports when a VMS report Framework 2, specifically, provided facilitate their harvest of available catch.
was not available. We used recent prior notice of the need to distribute Accordingly, any delay in the rule’s
fishing activity to infer herring carryover catch. These actions provided effectiveness would be contrary to the
management areas for records without a a full opportunity for the public to conservation objectives of the MSA and
corresponding VTR or VMS catch comment on the substance and process the FMP.
report. of this action.
Herring discards were estimated by This action is required by 50 CFR part
Allowing for prior notice and public 648 subpart K and is exempt from
extrapolating discards from herring trips comment on this adjustment is also
observed by the Northeast Fisheries review under Executive Order 12866.
impracticable because the herring
Observer Program to all herring trips This final rule does not contain a
fishing year already began on January 1,
(observed and unobserved) according to collection-of-information requirement
2016. To prevent confusion and
gear and herring management area. for purposes of the Paperwork
potential overharvests, it will be in the
Research Set-Aside herring catch was Reduction Act.
best interest of the fleet and the herring
deducted from total herring catch and Because prior notice and opportunity
resource to set the adjusted sub-ACLs as
not counted towards the commercial for public comment are not required for
soon as possible. Three areas are
herring quota.
currently closed and will open on either this rule by 5 U.S.C. 553, or any other
Classification May 1 (i.e., Management Areas 1B and law, the analytical requirements of the
Pursuant to section 304 (b)(1)(A) of 3) or June 1 (i.e., Management Area 1A). Regulatory Flexibility Act, 5 U.S.C. 601
the Magnuson-Stevens Fishery Management Area 2 is already open and et seq., are inapplicable.
Conservation and Management Act subject to a lower catch limit until this Authority: 16 U.S.C. 1801 et seq.
(MSA), the NMFS Assistant action is implemented. Putting in place
the adjusted initial sub-ACLs as soon as Dated: March 2, 2016.
Administrator has determined that this
final rule is consistent with the FMP, possible will provide the fleet with this Samuel D. Rauch III,
other provisions of the MSA, and other opportunity to develop their business Deputy Assistant Administrator for
applicable law. plans in sufficient time to facilitate their Regulatory Programs, National Marine
Pursuant to 5 U.S.C. 553(b)(B), there harvest of available catch. Fisheries Service.
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is good cause to waive prior notice and There is good cause under 5 U.S.C. [FR Doc. 2016–05250 Filed 3–8–16; 8:45 am]
an opportunity for public comment on 553(d)(3) to waive the 30-day delay in BILLING CODE 3510–22–P
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Document Created: 2016-03-09 00:13:27
Document Modified: 2016-03-09 00:13:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule; adjustment of specifications. | |
| Dates | Effective March 9, 2016, through December 31, 2016. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, 978-281-9244, fax 978-281-9135. | |
| FR Citation | 81 FR 12420 | |
| RIN Number | 0648-XE37 |
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