82 FR 51778 - Revisions to Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 215 (November 8, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 215 (November 8, 2017)
| Page Range | 51778-51781 | |
| FR Document | 2017-24346 |
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)] [Rules and Regulations] [Pages 51778-51781] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24346] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170919911-7911-01] RIN 0648-XF710 Revisions to Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. [[Page 51779]] ACTION: Final rule; adjustment to specifications. ----------------------------------------------------------------------- SUMMARY: We are adjusting the 2017 fishing year Georges Bank cod allocation for the common pool and making minor corrections to the 2017 sector carryover and annual catch entitlement. This action is necessary to respond to a 2016 overage of the Georges Bank cod allocation for the common pool fishery and correct an error in the carryover and annual catch entitlement available to sectors in 2017. These adjustments are routine and formulaic and are intended to ensure that final allocations are based on the best scientific information available. DATES: Effective November 8, 2017, through April 30, 2018. FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management Specialist, (978) 281-9116. SUPPLEMENTARY INFORMATION: We recently approved Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan (FMP), which set annual catch limits (ACLs) for groundfish stocks and three jointly managed U.S./Canada stocks for the 2017 fishing year. This action became effective on August 1, 2017 (82 FR 16133). The possibility of minor adjustments and corrections was noted in the Framework 56 proposed and final rules because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. This action revises the Georges Bank (GB) cod common pool sub-ACL due to a 2016 overage as required by regulation and corrects an error in the 2017 sector carryover and annual catch entitlement (ACE) included in the Framework 56 final rule. Georges Bank Cod Common Pool Sub-Annual Catch Limit If the common pool sub-ACL for any stock is exceeded, we are required to reduce the common pool sub-ACL by the amount of the overage in the next fishing year. The fishing year 2016 common pool sub-ACL for GB cod was exceeded by 2.8 mt. Therefore, this action reduces the fishing year 2017 GB cod common pool sub-ACL by 2.8 mt resulting in a sub-ACL of 7.0 mt. The revised trimester total allowable catches (TACs), based on the overage deduction, are provided in Table 1. Table 1--Initial and Revised Georges Bank Cod Trimester TACs ---------------------------------------------------------------------------------------------------------------- Trimester 1 Trimester 2 Trimester 3 ---------------------------------------------------------------------------------------------------------------- Allocation Percentage............. 25%..................... 37%..................... 38% Initial Trimester TAC............. 2.4 mt.................. 3.6 mt.................. 3.7 mt Revised Trimester TAC............. 1.7 mt.................. 2.6 mt.................. 2.7 mt ---------------------------------------------------------------------------------------------------------------- Correction to Sector Carryover The Framework 56 final rule included the amount of allocation that sectors may carry over from the 2016 to the 2017 fishing year based on the final 2016 sector catch. An error was made when calculating the de minimis amount of GB haddock carryover and the total Eastern GB haddock ACE available to sectors in 2017. The corrected Eastern GB haddock ACE available to sectors in 2017 and the revised de minimis carryover ACE for GB haddock are provided in Tables 2 and 3. These adjustments are minor, increase available catch, will not affect fishery operations, and have already been provided to sectors. Table 2--Comparison of De Minimis GB Haddock Carryover ACE From Fishing Year 2016 to Fishing Year 2017 (lb) Published in Framework 56 and the Corrected Values ---------------------------------------------------------------------------------------------------------------- Framework 56 Sector Table 14 Revised ---------------------------------------------------------------------------------------------------------------- Fixed Gear Sector.............................................................. 60,981 73,563 MCCS \1\....................................................................... 2,679 2,679 NCCS \1\....................................................................... 3,379 4,076 NEFS 1......................................................................... 0 0 NEFS 2......................................................................... 102,574 123,738 NEFS 3......................................................................... 486 586 NEFS 4......................................................................... 51,454 62,071 NEFS 5......................................................................... 7,843 9,461 NEFS 6......................................................................... 28,146 33,953 NEFS 7......................................................................... 13,006 15,690 NEFS 8......................................................................... 57,191 68,991 NEFS 9......................................................................... 108,123 130,432 NEFS 10........................................................................ 1,583 1,910 NEFS 11........................................................................ 358 432 NEFS 12........................................................................ 904 1,091 NEFS 13........................................................................ 193,422 233,331 Sustainable Harvest Sector 1................................................... 24,260 29,265 Sustainable Harvest Sector 2................................................... 3863 4,659 Sustainable Harvest Sector 3................................................... 287,713 347,077 -------------------------------- Sectors Total.............................................................. 947,965 1,143,005 ---------------------------------------------------------------------------------------------------------------- \1\ Maine Coast Community Sector (MCCS), Northeast Coastal Community Sector (NCCS). [[Page 51780]] Table 3--Comparison of Total Eastern GB Haddock ACE Available to Sectors in Fishing Year 2017 With Finalized Carryover (mt and 1,000 lb) Published in Framework 56 and as Revised ---------------------------------------------------------------------------------------------------------------- Total ACE available to sectors in fishing year 2017 with finalized carryover ----------------------------------------------------------------- Sector (mt) (1,000 lb) ----------------------------------------------------------------- Framework 56 Framework 56 Table 15 Revised Table 16 Revised ---------------------------------------------------------------------------------------------------------------- Fixed Gear Sector............................. 1,300 1,871 2,866 4,124 MCCS.......................................... 197 283 434 625 Maine Permit Bank............................. 9 13 20 29 NCCS.......................................... 72 104 159 228 NEFS 1........................................ 0 0 0 0 NEFS 2........................................ 2,187 3,147 4,821 6,937 NEFS 3........................................ 10 15 23 33 NEFS 4........................................ 1,097 1,578 2,418 3,480 NEFS 5........................................ 167 241 369 530 NEFS 6........................................ 600 863 1,323 1,903 NEFS 7........................................ 277 399 611 880 NEFS 8........................................ 1,219 1,754 2,688 3,868 NEFS 9........................................ 2,305 3,317 5,081 7,312 NEFS 10....................................... 34 49 74 107 NEFS 11....................................... 8 11 17 24 NEFS 12....................................... 19 28 42 61 NEFS 13....................................... 4,123 5,934 9,090 13,081 New Hampshire Permit Bank..................... 0 0 0 0 Sustainable Harvest Sector 1.................. 517 744 1,140 1,641 Sustainable Harvest Sector 2.................. 82 118 182 261 Sustainable Harvest Sector 3.................. 6,133 8,826 13,522 19,458 ----------------------------------------------------------------- Sectors Total............................. 20,375 29,295 44,880 64,583 ---------------------------------------------------------------------------------------------------------------- Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the Magnuson- Stevens Fishery Conservation and Management Act, and other applicable law. This action is exempt from the procedures of Executive Order (E.O.) 12866 because this action contains no implementing regulations. 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 catch limit 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)(3), so that this final rule may become effective upon publication. There are several reasons that notice and comment are impracticable, unnecessary, and contrary to the public interest. The proposed and final rules for Framework 56 explained the possibility of minor adjustments and corrections because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. These adjustments are routine and formulaic, required by regulation, and necessary to ensure that overfishing does not occur. Because these adjustments are part of the annual allocation process, and are highlighted in the proposed and final rules for the upcoming fishing year, industry anticipates an annual adjustment rule. No comments were received on the potential for these adjustments, which provide an accurate accounting of a sector and common pool allocations. Additionally, the adjustments in this rule are based on either a pre- determined accountability measure, and are not subject to NMFS' discretion, or a need to correct an error, so there would be no benefit to allowing time for prior notice and comment. Data regarding final 2016 catch only became available after publication of the Framework 56 final rule. If this rule is not effective immediately, common pool and sector vessels will be operating under incorrect information on the catch limits for each stock. The adjustment of the common pool GB cod TAC requires immediate action to ensure that additional overages do not occur. TAC overages have negative economic impacts, as well as increasing the risk of overfishing. Fishermen may make both short- and long-term business decisions based on the catch limits in a given sector or the common pool. Any delays in adjusting these limits may cause the affected fishing entities to slow down or speed up their fishing activities during the interim period before this rule becomes effective. Both of these reactions could negatively affect the fishery and the businesses and communities that depend on them. Therefore, it is important to implement adjusted catch limits and allocations as soon as possible. For these reasons, we are waiving the public comment period and delay in effectiveness for this rule, pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively. The Chief Counsel for Regulation, Department of Commerce, previously certified to the Chief Counsel for Advocacy of the Small Business Administration at the proposed rule stage that Framework 56 would not have a significant economic impact on a substantial number of small entities. These minor adjustments will not change the conclusions drawn from that framework. Because advanced notice and the opportunity for public comment are not required for the correction 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 new regulatory flexibility analysis is required and none has been prepared. Authority: 16 U.S.C. 1801 et seq. [[Page 51781]] Dated: November 3, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-24346 Filed 11-7-17; 8:45 am] BILLING CODE 3510-22-P
![51778 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
and bartered, traded, or sold such gray procedures are contrary to the public process to set the annual commercial
triggerfish prior to 12:01 a.m., local interest because of the need to quota and the percent allocated to each
time, November 8, 2017. During the immediately implement this action to state is described in § 648.102, and the
closure, the bag limit specified in 50 protect gray triggerfish since the initial 2017 allocations were published
CFR 622.187(b)(8), and the possession capacity of the fishing fleet allows for on December 22, 2016 (81 FR 93842).
limits specified in 50 CFR 622.187(c), rapid harvest of the commercial quota. The final rule implementing
apply to all harvest or possession of gray Prior notice and opportunity for public Amendment 5 to the Summer Flounder
triggerfish in or from the South Atlantic comment would require time and could Fishery Management Plan, as published
EEZ. Also, during the closure, the sale potentially result in a harvest well in in the Federal Register on December 17,
or purchase of gray triggerfish taken excess of the established commercial 1993 (58 FR 65936), provided a
from the South Atlantic EEZ is quota. mechanism for transferring summer
prohibited. The prohibition on the sale For the aforementioned reasons, the flounder commercial quota from one
or purchase does not apply to gray AA also finds good cause to waive the state to another. Two or more states,
triggerfish that were harvested, landed 30-day delay in the effectiveness of this under mutual agreement and with the
ashore, and sold prior to 12:01 a.m., action under 5 U.S.C. 553(d)(3). concurrence of the NMFS Greater
local time, November 8, 2017, and were Authority: 16 U.S.C. 1801 et seq. Atlantic Regional Administrator, can
held in cold storage by a dealer or transfer or combine summer flounder
processor. Dated: November 3, 2017.
commercial quota under § 648.102(c)(2).
For a person onboard a vessel for Emily Menashes, The Regional Administrator is required
which a Federal commercial or charter Acting Director, Office of Sustainable to consider the criteria in
vessel/headboat permit for the South Fisheries, National Marine Fisheries Service. § 648.102(c)(2)(i)(A) through (C) in the
Atlantic snapper-grouper fishery has [FR Doc. 2017–24311 Filed 11–3–17; 4:15 pm] evaluation of requests for quota transfers
been issued, the bag and possession BILLING CODE 3510–22–P or combinations.
limits and sale and purchase Maine is transferring 2,500 lb (1,134
prohibitions applicable after the kg) of summer flounder commercial
commercial quota closure for gray DEPARTMENT OF COMMERCE quota to Connecticut. This transfer was
triggerfish apply regardless of whether requested by state officials in
the fish are harvested in state or Federal National Oceanic and Atmospheric
Connecticut to ensure their commercial
waters, as specified in 50 CFR Administration
summer flounder quota is not exceeded.
622.193(q)(1)(i). The revised summer flounder quotas for
50 CFR Part 648
Classification calendar year 2017 are now: Maine, 192
The Regional Administrator,
[Docket No. 161017970–6999–02] lb (87 kg); and Connecticut, 130,234 lb
Southeast Region, NMFS, has RIN 0648–XF806 (59,073 kg); based on the initial quotas
determined this temporary rule is published in the 2017 Summer
necessary for the conservation and Fisheries of the Northeastern United Flounder, Scup, and Black Sea Bass
management of gray triggerfish and the States; Summer Flounder Fishery; Specifications and subsequent transfers.
South Atlantic snapper-grouper fishery Quota Transfer Classification
and is consistent with the Magnuson- AGENCY: National Marine Fisheries This action is taken under 50 CFR
Stevens Act and other applicable laws. Service (NMFS), National Oceanic and part 648 and is exempt from review
This action is taken under 50 CFR Atmospheric Administration (NOAA), under Executive Order 12866.
622.193(q)(1)(i) and is exempt from Commerce.
review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq.
These measures are exempt from the ACTION: Temporary rule; quota transfer.
Dated: November 3, 2017.
procedures of the Regulatory Flexibility SUMMARY: NMFS announces that the Emily H. Menashes,
Act because the temporary rule is issued State of Maine is transferring a portion Acting Director, Office of Sustainable
without opportunity for prior notice and of its 2017 commercial summer flounder Fisheries, National Marine Fisheries Service.
comment. quota to the State of Connecticut. This [FR Doc. 2017–24321 Filed 11–7–17; 8:45 am]
This action responds to the best
quota adjustment is necessary to comply BILLING CODE 3510–22–P
scientific information available. The
with the Summer Flounder, Scup, and
NOAA Assistant Administrator for
Black Sea Bass Fishery Management
Fisheries (AA), finds that the need to DEPARTMENT OF COMMERCE
Plan quota transfer provisions. This
immediately implement this action to
announcement informs the public of the
close the commercial sector for gray National Oceanic and Atmospheric
revised commercial quotas for Maine
triggerfish constitutes good cause to Administration
and Connecticut.
waive the requirements to provide prior
notice and opportunity for public DATES: Effective November 7, 2017,
through December 31, 2017. 50 CFR Part 648
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such FOR FURTHER INFORMATION CONTACT: [Docket No. 170919911–7911–01]
procedures are unnecessary and Cynthia Hanson, Fishery Management
contrary to the public interest. Such Specialist, (978) 281–9180. RIN 0648–XF710
procedures are unnecessary because the SUPPLEMENTARY INFORMATION:
Revisions to Framework Adjustment
rule implementing Amendment 29,
ethrower on DSK3G9T082PROD with RULES
Regulations governing the summer 56 to the Northeast Multispecies
which established the split commercial flounder fishery are found in 50 CFR Fishery Management Plan
seasons and quotas for gray triggerfish, 648.100 through 648.110. These
and the accountability measures have regulations require annual specification AGENCY: National Marine Fisheries
already been subject to notice and of a commercial quota that is Service (NMFS), National Oceanic and
comment, and all that remains is to apportioned among the coastal states Atmospheric Administration (NOAA),
notify the public of the closure. Such from Maine through North Carolina. The Commerce.
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![Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51781
Dated: November 3, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–24346 Filed 11–7–17; 8:45 am]
BILLING CODE 3510–22–P
ethrower on DSK3G9T082PROD with RULES
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Document Created: 2017-11-08 01:20:53
Document Modified: 2017-11-08 01:20:53
| 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 | Final rule; adjustment to specifications. | |
| Dates | Effective November 8, 2017, through April 30, 2018. | |
| Contact | Emily Keiley, Fishery Management Specialist, (978) 281-9116. | |
| FR Citation | 82 FR 51778 | |
| RIN Number | 0648-XF71 |
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