81 FR 95494 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2017 Management Area Annual Catch Limits

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range		95494-95495
FR Document		2016-31392

In accordance with the regulations implementing the Atlantic Herring Fishery Management Plan, this action adjusts the 2017 catch limits in the four herring management areas (Areas 1A, 1B, 2, and 3) to account for underages in those areas during 2015. In order to ensure that the carryover of underages do not cause overfishing of the herring resource, management area-specific carryover does not increase the stock-wide annual catch limit. This action is necessary to ensure that NMFS accounts for herring catch consistent with the requirements of the Atlantic Herring Fishery Management Plan.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)

[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95494-95495]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-31392]

[[Page 95494]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160906823-6999-01]
RIN 0648-XE876

Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustments to 2017 Management Area Annual Catch Limits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary final rule; adjustment of specifications.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Atlantic
Herring Fishery Management Plan, this action adjusts the 2017 catch
limits in the four herring management areas (Areas 1A, 1B, 2, and 3) to
account for underages in those areas during 2015. In order to ensure
that the carryover of underages do not cause overfishing of the herring
resource, management area-specific carryover does not increase the
stock-wide annual catch limit. 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 December 28, 2016, through December 31, 2017.

ADDRESSES: Copies of supporting documents, including the 2013-2015
Specifications/Framework 2 and the 2016-2017 Specifications 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: Shannah Jaburek, Fishery Management
Specialist, 978-282-8456, 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/sub-ACL overages in the
herring fishery, Amendment 4 established an AM that requires NMFS to
deduct any ACL/sub-ACL overages 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.
NMFS also published a final rule implementing Framework 2 to the
FMP and the 2013-2015 specifications for the herring fishery on October
4, 2013 (78 FR 61828). Among other measures, Framework 2 allowed for
the carryover of unharvested allocations (underages) in the year
immediately following the catch determination. Up to 10 percent of each
sub-ACL may be carried over and added to the following year's sub-ACL,
provided total 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 published the 2016-2018 specifications for the herring fishery
on November 1, 2016 (81 FR 75731). Table 1 outlines the 2017 herring
sub-ACLs, minus deductions for research set-aside catch (RSA), that
will be effective on January 1, 2017. RSA equal to 3 percent of each
sub-ACL has been awarded to two research projects.

Table 1--2017 Herring Sub-ACLs
[mt]
----------------------------------------------------------------------------------------------------------------
Research set-
aside (3 2017 sub-ACLs
2017 sub-ACLs percent of sub- (minus RSA)
ACLs)
----------------------------------------------------------------------------------------------------------------
Area 1A......................................................... 30,300 909 29,391
Area 1B......................................................... 4,500 135 4,365
Area 2.......................................................... 29,100 873 28,227
Area 3.......................................................... 40,900 1,227 39,673
Stock-wide...................................................... 104,800 3,144 101,656
----------------------------------------------------------------------------------------------------------------

Provisions Implemented Through This Final Rule

NMFS completed the 2015 catch determination in December 2016, and
determined that the herring fishery caught less than its allocated
catch in 2015 in all four herring management areas (Areas 1A, 1B, 2,
and 3). As a result, this action carries over unharvested 2015 catch to
the 2017 herring sub-ACL in all four areas. This carryover equals to
the amount of each area's underages (or up to ten percent of the
allocated 2015 sub-ACL, whichever is less) for Areas 1A, 1B, 2, and 3.
Table 2 provides catch details for 2015 and corresponding adjustments
for 2017 sub-ACLs.

[[Page 95495]]

Table 2--Herring Sub-ACLs, Catch, and Carryover
[mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carryover *
Adjusted 2015 2015 Catch 2015 (up to 10 2017 sub-ACLs Adjusted 2017
sub-ACLs Underages percent) sub-ACLs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area 1A................................................. 30,585 28,861 1,724 1,724 29,391 31,115
Area 1B................................................. 4,922 2,819 2,103 460 4,365 4,825
Area 2.................................................. 32,100 15,114 16,986 3,000 28,227 31,227
Area 3.................................................. 44,910 33,217 11,693 4,200 39,673 43,873
Stock-wide.............................................. 104,566 80,011 24,555 NA 101,656 **101,656
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Maximum carryover, where applicable, is based on 10 percent of initial 2015 sub-ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and
Area 3, 42,000 mt.
** The 2017 stock-wide ACL cannot be increased by carryover.

NMFS calculated the amount of herring landings in 2015 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. NMFS
generally uses dealer reports to estimate herring landings. However, if
the amount of herring reported via VTR exceeded the amount of herring
reported by the dealer by 10 percent or more, NMFS assumes the dealer
report for that trip was in error and uses the VTR report instead. NMFS
assigns herring landings to individual herring management areas using
VMS reports or using latitude and longitude coordinates from VTR
reports when a VMS report is not available. NMFS uses recent fishing
activity to assign landings to a management area if dealer reports do
not have a corresponding VTR or VMS catch report.
NMFS estimates herring discards 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. Because RSA is removed from management area
sub-ACLs at the beginning of the fishery year, NMFS tracks RSA catch
but does not count it towards the herring sub-ACLs.

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 by
impairing a vessel's ability to harvest available catch allocations.
Allowing for prior notice and public comment on this adjustment is also
impracticable because regulations require notification of adjustments,
if possible, before the herring fishing year begins on January 1, 2017.
Further, this is a nondiscretionary action required by provisions of
Amendment 4 and Framework 2, which were previously subject to public
notice and comment. The adjustments required by these regulations are
formulaic. This action simply effectuates these mandatory calculations.
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 amounts. 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.
For the same reasons as noted above, 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. 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. Two areas are currently closed due to seasonal
closures and will open on either May 1 (i.e., Management Areas 1B) or
June 1 (i.e., Management Area 1A). Management Areas 2 and 3 are already
open and subject to a lower catch limit until NMFS implements this
action. The adjustments in this notice increase the amount of catch
available to fishermen. Putting in place the adjusted sub-ACLs as soon
as possible will provide the fleet with an opportunity to develop their
business plans in sufficient time to facilitate their full harvest of
available catch in the open areas.
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: December 22, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-31392 Filed 12-27-16; 8:45 am]
BILLING CODE 3510-22-P

95494 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

DEPARTMENT OF COMMERCE 2016–2017 Specifications to the Atlantic NMFS issued a final rule that
Herring Fishery Management Plan implemented Amendment 4 to the FMP
National Oceanic and Atmospheric (FMP), are available from the (76 FR 11373, March 2, 2011) to address
Administration Sustainable Fisheries Division, Greater ACL and accountability measure (AM)
Atlantic Regional Fisheries Office, 55 requirements. As a way to account for
50 CFR Part 648 Great Republic Drive, Gloucester, MA ACL/sub-ACL overages in the herring
[Docket No. 160906823–6999–01] 01930, telephone (978) 281–9315, or fishery, Amendment 4 established an
online at: http:// AM that requires NMFS to deduct any
RIN 0648–XE876 www.greateratlantic.fisheries.noaa.gov/ ACL/sub-ACL overages from the
sustainable/species/atlherring/ corresponding ACL/sub-ACL in the year
Fisheries of the Northeastern United index.html. following the catch overage
States; Atlantic Herring Fishery; determination. Amendment 4 also
Adjustments to 2017 Management Area FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management specified that NMFS will announce
Annual Catch Limits overage deductions in the Federal
Specialist, 978–282–8456, fax 978–281–
AGENCY: National Marine Fisheries 9135. Register prior to the start of the fishing
Service (NMFS), National Oceanic and year, if possible.
SUPPLEMENTARY INFORMATION:
Atmospheric Administration (NOAA), NMFS also published a final rule
Commerce. Background implementing Framework 2 to the FMP
ACTION: Temporary final rule; The Atlantic herring harvest in the and the 2013–2015 specifications for the
adjustment of specifications. United States is managed under the herring fishery on October 4, 2013 (78
FMP developed by the New England FR 61828). Among other measures,
SUMMARY: In accordance with the Fishery Management Council (Council). Framework 2 allowed for the carryover
regulations implementing the Atlantic The FMP divides the stock-wide herring of unharvested allocations (underages)
Herring Fishery Management Plan, this annual catch limit (ACL) among three in the year immediately following the
action adjusts the 2017 catch limits in management areas, one of which has catch determination. Up to 10 percent of
the four herring management areas two sub-areas. It divides Area 1 (located each sub-ACL may be carried over and
(Areas 1A, 1B, 2, and 3) to account for in the Gulf of Maine (GOM)) into an added to the following year’s sub-ACL,
underages in those areas during 2015. In inshore section (Area 1A) and an provided total catch did not exceed the
order to ensure that the carryover of offshore section (Area 1B). Area 2 is stock-wide ACL. The carryover
underages do not cause overfishing of located in the coastal waters between provision allows a sub-ACL increase for
the herring resource, management area- Massachusetts and North Carolina, and a management area, but it does not
specific carryover does not increase the Area 3 is on Georges Bank (GB). The allow a corresponding increase to the
stock-wide annual catch limit. This FMP considers the herring stock stock-wide ACL.
action is necessary to ensure that NMFS complex to be a single stock, but there NMFS published the 2016–2018
accounts for herring catch consistent are inshore (GOM) and offshore (GB) specifications for the herring fishery on
with the requirements of the Atlantic stock components. The GOM and GB November 1, 2016 (81 FR 75731). Table
Herring Fishery Management Plan. stock components segregate during 1 outlines the 2017 herring sub-ACLs,
DATES: Effective December 28, 2016, spawning and mix during feeding and minus deductions for research set-aside
through December 31, 2017. migration. Each management area has catch (RSA), that will be effective on
ADDRESSES: Copies of supporting its own sub-ACL to allow greater control January 1, 2017. RSA equal to 3 percent
documents, including the 2013–2015 of the fishing mortality on each stock of each sub-ACL has been awarded to
Specifications/Framework 2 and the component. two research projects.

TABLE 1—2017 HERRING SUB-ACLS
[mt]

Research 2017
2017 set-aside sub-ACLs
sub-ACLs (3 percent (minus RSA)
of sub-ACLs)

Area 1A ........................................................................................................................................ 30,300 909 29,391
Area 1B ........................................................................................................................................ 4,500 135 4,365
Area 2 .......................................................................................................................................... 29,100 873 28,227
Area 3 .......................................................................................................................................... 40,900 1,227 39,673
Stock-wide ................................................................................................................................... 104,800 3,144 101,656

Provisions Implemented Through This 2015 in all four herring management area’s underages (or up to ten percent of
Final Rule areas (Areas 1A, 1B, 2, and 3). As a the allocated 2015 sub-ACL, whichever
NMFS completed the 2015 catch result, this action carries over is less) for Areas 1A, 1B, 2, and 3. Table
determination in December 2016, and unharvested 2015 catch to the 2017 2 provides catch details for 2015 and
sradovich on DSK3GMQ082PROD with RULES

determined that the herring fishery herring sub-ACL in all four areas. This corresponding adjustments for 2017
caught less than its allocated catch in carryover equals to the amount of each sub-ACLs.

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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 95495

TABLE 2—HERRING SUB-ACLS, CATCH, AND CARRYOVER
[mt]

Adjusted 2015 2015 Carryover * (up 2017 Adjusted 2017
2015 Catch
sub-ACLs Underages to 10 percent) sub-ACLs sub-ACLs

Area 1A .................................................... 30,585 28,861 1,724 1,724 29,391 31,115
Area 1B .................................................... 4,922 2,819 2,103 460 4,365 4,825
Area 2 ...................................................... 32,100 15,114 16,986 3,000 28,227 31,227
Area 3 ...................................................... 44,910 33,217 11,693 4,200 39,673 43,873
Stock-wide ................................................ 104,566 80,011 24,555 NA 101,656 **101,656
* Maximum carryover, where applicable, is based on 10 percent of initial 2015 sub-ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2,
30,000 mt; and Area 3, 42,000 mt.
** The 2017 stock-wide ACL cannot be increased by carryover.

NMFS calculated the amount of other provisions of the MSA, and other Federal Register. To prevent confusion
herring landings in 2015 based on applicable law. and potential overharvests, it will be in
dealer reports (Federal and state) of Pursuant to 5 U.S.C. 553(b)(B), there the best interest of the fleet and the
herring purchases, supplemented by is good cause to waive prior notice and herring resource to set the adjusted sub-
vessel trip reports (VTRs) and vessel an opportunity for public comment on ACLs as soon as possible. Two areas are
monitoring system (VMS) reports this action. Notice and comment are currently closed due to seasonal
(Federal and State of Maine) of herring impracticable and contrary to the public closures and will open on either May 1
landings. NMFS generally uses dealer interest because a delay would (i.e., Management Areas 1B) or June 1
reports to estimate herring landings. potentially impair achievement of the (i.e., Management Area 1A).
However, if the amount of herring management plan’s objectives of Management Areas 2 and 3 are already
reported via VTR exceeded the amount preventing overfishing and achieving open and subject to a lower catch limit
of herring reported by the dealer by 10 optimum yield due by impairing a until NMFS implements this action. The
percent or more, NMFS assumes the vessel’s ability to harvest available catch adjustments in this notice increase the
dealer report for that trip was in error allocations. Allowing for prior notice amount of catch available to fishermen.
and uses the VTR report instead. NMFS and public comment on this adjustment Putting in place the adjusted sub-ACLs
assigns herring landings to individual is also impracticable because as soon as possible will provide the fleet
herring management areas using VMS regulations require notification of with an opportunity to develop their
reports or using latitude and longitude adjustments, if possible, before the business plans in sufficient time to
coordinates from VTR reports when a herring fishing year begins on January 1, facilitate their full harvest of available
VMS report is not available. NMFS uses 2017. Further, this is a nondiscretionary catch in the open areas.
recent fishing activity to assign landings action required by provisions of This action is required by 50 CFR part
to a management area if dealer reports Amendment 4 and Framework 2, which 648 subpart K and is exempt from
do not have a corresponding VTR or were previously subject to public notice review under Executive Order 12866.
VMS catch report. and comment. The adjustments required
NMFS estimates herring discards by This final rule does not contain a
by these regulations are formulaic. This collection-of-information requirement
extrapolating discards from herring trips
action simply effectuates these for purposes of the Paperwork
observed by the Northeast Fisheries
mandatory calculations. The proposed Reduction Act.
Observer Program to all herring trips
and final rules for Framework 2 and Because prior notice and opportunity
(observed and unobserved) according to
gear and herring management area. Amendment 4 explained the need and for public comment are not required for
Because RSA is removed from likelihood for adjustments to the sub- this rule by 5 U.S.C. 553, or any other
management area sub-ACLs at the ACLs based on final catch amounts. law, the analytical requirements of the
beginning of the fishery year, NMFS Framework 2, specifically, provided Regulatory Flexibility Act, 5 U.S.C. 601
tracks RSA catch but does not count it prior notice of the need to distribute et seq., are inapplicable.
towards the herring sub-ACLs. carryover catch. These actions provided
a full opportunity for the public to Authority: 16 U.S.C. 1801 et seq.
Classification comment on the substance and process Dated: December 22, 2016.
Pursuant to section 304(b)(1)(A) of the of this action. Samuel D. Rauch III,
Magnuson-Stevens Fishery For the same reasons as noted above, Deputy Assistant Administrator for
Conservation and Management Act there is good cause under 5 U.S.C. Regulatory Programs, National Marine
(MSA), the NMFS Assistant 553(d)(3) to waive the 30-day delay in Fisheries Service.
Administrator has determined that this effective date and make the rule [FR Doc. 2016–31392 Filed 12–27–16; 8:45 am]
final rule is consistent with the FMP, effective upon publication in the BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES

VerDate Sep<11>2014 16:15 Dec 27, 2016 Jkt 241001 PO 00000 Frm 00099 Fmt 4700 Sfmt 9990 E:\FR\FM\28DER1.SGM 28DER1

Document Created: 2016-12-28 02:16:46
Document Modified: 2016-12-28 02:16:46

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 December 28, 2016, through December 31, 2017.
Contact		Shannah Jaburek, Fishery Management Specialist, 978-282-8456, fax 978-281-9135.
FR Citation		81 FR 95494
RIN Number		0648-XE87

81 FR 95494 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2017 Management Area Annual Catch Limits

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 249 (December 28, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration