83_FR_8401 83 FR 8362 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal of Southern Windowpane Accountability Measures

83 FR 8362 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal of Southern Windowpane Accountability Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8362-8365
FR Document2018-03899

This rule extends the emergency action to remove the 2017 southern windowpane flounder accountability measures (AM) for non- groundfish trawl vessels. The rule is necessary because the emergency measures would otherwise expire before the end of the 2017 fishing year. This rule is intended to mitigate negative economic impacts to non-groundfish vessels, while maintaining conservation benefits for the southern windowpane flounder stock.

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8362-8365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03899]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170808738-7777-01]
RIN 0648-BH11


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Fishing Year 2017; Extension of Emergency Removal 
of Southern Windowpane Accountability Measures

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

ACTION: Temporary rule; emergency action extended.

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

SUMMARY: This rule extends the emergency action to remove the 2017 
southern windowpane flounder accountability measures (AM) for non-
groundfish trawl vessels. The rule is necessary because the emergency 
measures would otherwise expire before the end of the 2017 fishing 
year. This rule is intended to mitigate negative economic impacts to 
non-groundfish vessels, while maintaining conservation benefits for the 
southern windowpane flounder stock.

DATES: Effective March 1, 2018, through April 30, 2018.

ADDRESSES: Copies of recent related actions, including Framework 52, 
55, and Framework 56, the Environmental Assessments (EA), and their 
Regulatory Impact Review, and the Final Regulatory Flexibility Act 
analysis prepared by the New England Fishery Management Council and 
NMFS are available from Michael Pentony, Regional Administrator, NMFS 
Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, 
MA 01930. The documents are also accessible via the internet at: 
https://www.nefmc.org/management-plans/northeast-multispecies.

FOR FURTHER INFORMATION CONTACT: Sarah Heil, Senior Fishery Policy 
Analyst, phone: 978-281-9257.

SUPPLEMENTARY INFORMATION: On September 1, 2017, we implemented 
emergency measures to remove the southern windowpane flounder AMs for 
non-groundfish trawl vessels (82 FR 41564). These emergency measures 
expire on February 28, 2018. The emergency rule published on September 
1, 2017, included detailed information on the background, reasons, and 
justification for the emergency measures, and this information is not 
repeated here.
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) limits NMFS' emergency action authority to an 
initial period of 180 days, with a potential extension up to an 
additional 186 days, if certain criteria are met. An extension is 
allowed if the public has had an opportunity to comment on the 
emergency regulation, and in the case of a Council recommendation for 
an emergency action, the Council is actively developing a change to the 
Fishery Management Plan (FMP) or regulations to address the emergency 
on a permanent basis. We accepted public comment on the emergency 
measures, and received one comment in support of the action. 
Additionally, the New England Fishery Management Council developed 
changes in Framework Adjustment 57 to the Northeast Multispecies 
(Groundfish) FMP to permanently address the emergency. Framework 57 is 
intended to be implemented for the 2018 fishing year beginning on May 
1, 2018. As discussed in more detail below, we determined the necessary 
criteria to extend the emergency measures have been met. Therefore, 
this temporary rule removes the southern windowpane flounder AMs for 
non-groundfish trawl vessels for the remainder of the 2017 fishing year 
through April 30, 2018.

[[Page 8363]]

Background

    On August 1, 2017, we implemented AMs because the 2015 total annual 
catch limit (ACL) for southern windowpane flounder was exceeded (82 FR 
35660). Due to data availability, we typically implement AMs for 
windowpane flounder at the start of the second fishing year after an 
overage. These AMs require trawl vessels fishing in certain Southern 
New England areas to use selective gear that limit flatfish catch. The 
southern windowpane AM areas apply to all groundfish trawl vessels. The 
AM areas also apply to non-groundfish trawl vessels fishing with a 5 
inch (12.7 centimeter) or greater codend mesh size, which includes 
vessels that target summer flounder, scup, black sea bass, and skates. 
The AMs impose a substantial financial hardship on both groundfish and 
non-groundfish vessels, particularly because the AM areas eliminate 
access to target species that vessels are unlikely to recoup even if 
they move to fish in other areas. These AMs are estimated to result in 
$2 million in lost revenue in catch of yellowtail flounder, winter 
flounder, summer flounder, and scup.
    In 2015, we implemented Framework Adjustment 52 to the Northeast 
Multispecies FMP to reduce the economic impacts of the windowpane 
flounder AMs for the groundfish fishery (80 FR 2021; January 15, 2015). 
At the time, the AMs had only been triggered for the groundfish 
fishery. The Council intentionally limited the scope of Framework 52 to 
the groundfish fishery to ensure the action could be completed and 
implemented during the 2015 fishing year. Framework 52 gave the 
Regional Administrator authority to remove the windowpane flounder AM 
in-season if catch is below the ACL in the year immediately following 
the overage. For example, if we implement an AM in year 3 (2017) due to 
an overage in year 1 (2015), we can remove the AM in September if catch 
did not exceed the ACL in year 2 (2016).
    Total 2016 catch of southern windowpane flounder was 82 percent of 
the total ACL. As a result, under the Regional Administrator authority 
that Framework 52 established, we removed the AMs for the groundfish 
fishery on September 1, 2017 (82 FR 35676; August 1, 2017). However, 
because this authority is limited to the groundfish fishery only, the 
AMs for non-groundfish trawl vessels would have remained in place for 
the entire 2017 fishing year without additional action.
    As a result of the 2015 ACL overage, we implemented the AMs for 
non-groundfish trawl vessels for the first time in 2017. Neither we, 
nor the New England Council, considered or foresaw the possibility of 
removing the AMs inseason for groundfish vessels, but maintaining them 
for non-groundfish trawl vessels despite catch being below the ACL. 
This situation presented an issue of fairness and equity, particularly 
because catch by non-groundfish vessels was well below the sub-ACL for 
this fishery component. Maintaining the AMs for non-groundfish trawl 
vessels for the full fishing year would have substantial economic 
impacts without further contributing to the conservation goals of the 
AMs. For these reasons, and at the request of the New England and Mid-
Atlantic Councils, on September 1, 2017, we implemented an emergency 
rule to remove the 2017 southern windowpane flounder AMs for non-
groundfish trawl vessels (82 FR 41564). These emergency measures expire 
on February 28, 2018.

Extension of Emergency Measures

    If the emergency measures expire, the southern windowpane flounder 
AMs would be re-implemented for non-groundfish trawl vessels for the 
remainder of the 2017 fishing year. This would undermine the 
conservation and management goals of the September 1, 2017, emergency 
action. AMs are intended to correct operational issues that cause 
overages and mitigate biological consequences of overages. The 
fishery's 2016 catch was below the overall ACL, which is consistent 
with the fishery having corrected the operational issues that caused 
the 2015 overage. We expect 2017 catch to be similar to 2016 because of 
recent quota reductions for key flounder species that limit overall 
fishing effort on all flatfish stocks, including southern windowpane 
flounder. Additionally, the 2017 assessment update shows a stable and 
slightly increasing southern windowpane stock. This assessment 
information, along with 2016 catch, is consistent with the AM's goal of 
mitigating or addressing the effects of the overage. As a result, we 
determined that removing the AMs in September would not result in 
negative impacts for the stock. Thus, allowing the emergency measures 
to expire would result in unnecessary economic loss to non-groundfish 
trawl vessels.
    Additionally, as noted earlier in this preamble, emergency action 
was justified because new information presented an issue of fairness 
and equity that we, nor the Council, previously contemplated. At the 
time of the emergency action, the New England Council was developing 
Framework Adjustment 57 to the Northeast Multispecies FMP, in part to 
address the issue of southern windowpane flounder AM impacts on non-
groundfish trawls that arose during 2017. In this action, the New 
England Council recommended giving the Regional Administrator authority 
to remove the AMs inseason for non-groundfish vessels. The New England 
Council also recommended revising the southern windowpane flounder AM 
areas. These measures are intended to provide non-groundfish trawl 
vessels additional flexibility while continuing to reduce impacts on 
southern windowpane flounder. Framework 57 is intended to be 
implemented for the 2018 fishing year. The New England Council took 
final action on Framework 57 in December 2017, and has submitted the 
action to us for review. Framework 57 could not be developed and 
implemented in time to address this issue for the 2017 fishing year. 
Extending the emergency measures for the remainder of this fishing year 
will prevent disruption to non-groundfish trawl vessels while we 
consider the New England Council's recommended permanent changes.

Emergency Measures

    This emergency action extends the Regional Administrator authority 
to remove the southern windowpane flounder AM inseason for non-
groundfish trawl vessels if we determine that catch is below the ACL in 
the year immediately following an overage. Effective March 1, 2018, 
this action removes the southern windowpane flounder AMs for non-
groundfish trawl vessels fishing with 5 inches (12.7 centimeter) or 
greater codend mesh size. These emergency measures are effective 
through April 30, 2018. There will be no southern windowpane flounder 
AM in effect beginning on May 1, 2018, because the 2016 ACL was not 
exceeded and current 2017 catch information does not suggest an ACL 
overage will occur. Non-groundfish trawl vessels may fish inside the 
southern windowpane flounder AM areas (Figure 1) without selective 
gear, which increases fishing opportunities to target other flatfish 
species for which they hold a permit and for which quota is available.

[[Page 8364]]

[GRAPHIC] [TIFF OMITTED] TR27FE18.001

Comments and Responses

    We received one comment during the comment period on the emergency 
rule.
    Comment 1: Lund's Fisheries, Inc. commented in support of the 
emergency measures, and agreed that maintaining the AMs for non-
groundfish trawl vessels would have presented fairness and equity 
issues, as well as serious economic impacts, without contributing to 
conservation goals of the AMs.
    Response: We agree. For all of the reasons described in detail in 
the initial emergency rule, as well as those reasons in the preamble 
above, allowing the emergency measures to expire before the end of the 
fishing year would undermine the goals of the emergency action. As a 
result, this rule extends the emergency measures for the remainder of 
the 2017 fishing year to prevent disruption to Mid-Atlantic trawl 
vessels in the middle of the fishing year, maintain fairness and 
equity, and continue to mitigate the negative economic impacts on these 
vessels that the AMs would otherwise impose.

Classification

    The NMFS Assistant Administrator has determined that this extension 
to the emergency rule is consistent with the criteria and 
justifications for use of emergency measures in section 305(c) of the 
Magnuson-Stevens Act, and is consistent with the Northeast Multispecies 
FMP, other provisions of the Magnuson-Stevens Act, the Administrative 
Procedure Act (APA), and other applicable law.
    Section 553 of the APA establishes procedural requirements 
applicable to rulemaking by Federal agencies. The purpose of these 
requirements is to ensure public access to the Federal rulemaking 
process and to give the public adequate notice and opportunity for 
comment. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator 
for Fisheries finds good cause to waive prior notice and the 
opportunity for public comment because it would be impracticable and 
contrary to the public interest and would prevent the positive benefits 
this rule is intended to provide. Additionally, because this rule 
relieves a restriction and removes the southern windowpane flounder AM 
areas for non-groundfish trawl vessels, it is not subject to the 30-day 
delayed effectiveness provision of the APA under 5 U.S.C. 553(d)(1).
    Without additional action, the emergency measures implemented on 
September 1, 2017, to remove the AMs for non-groundfish vessels would 
expire before the end of the 2017 fishing year. Implementing the AMs 
only for non-groundfish trawl vessels would present fairness and equity 
issues. The AMs would also have substantial economic impacts without 
contributing further to the conservation goals of the AMs. The AM areas 
eliminate access to target species that vessels are unlikely to recoup 
even if they move to fish in other areas. Thus, extending the emergency 
measures to remove the AMs for the remainder of the 2017 fishing year 
continues to mitigate serious economic harm to affected vessels until 
permanent measures can be implemented. There are less than 3 months 
remaining in the 2017 fishing year. The time necessary to provide prior 
notice and an opportunity for public comment would allow the emergency 
measures to expire, and prevent this action from being implemented 
before the end of the fishing year.
    Additionally, the original emergency rule provided for public 
comment on the emergency measures. The Council also addressed this 
issue in Framework 57 to the Northeast Multispecies FMP, which is 
scheduled for implementation for the 2018 fishing year beginning on May 
1, 2018. During the development of Framework 57, there was extensive 
public comment on potential changes to the windowpane flounder AMs. 
Thus, prior notice and opportunity for public comment for this rule 
would not provide added benefit that would outweigh the need to avoid 
unnecessary economic harm on non-groundfish trawl vessels fishing in 
Southern New England.
    This action is being taken pursuant to the emergency provision of 
the Magnuson-Stevens Act and is exempt from Office of Management and 
Budget review.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 8365]]


    Dated: February 21, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  648.90, add paragraph (a)(5)(i)(D)(1)(iii) effective March 
1, 2018, through April 30, 2018.
    The addition reads as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

    (a) * * *
    (5) * * *
    (i) * * *
    (D) * * *
    (1) * * *
    (iii) Emergency rule reducing the duration of southern windowpane 
flounder AM for non-groundfish vessels. Effective March 1, 2018, 
through April 30, 2018, the southern windowpane flounder AM is removed 
for all vessels fishing with trawl gear with a codend mesh size equal 
to or greater than 5 inches (12.7 cm) in other, non-specified sub-
components of the fishery, including, but not limited to, exempted 
fisheries that occur in Federal waters and fisheries harvesting 
exempted species specified in Sec.  648.80(b)(3).
* * * * *
[FR Doc. 2018-03899 Filed 2-26-18; 8:45 am]
BILLING CODE 3510-22-P



                                             8362               Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

                                                                                                  EPA-APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                      State
                                                                                                                    approval/
                                                 State citation                       Title/subject                                          EPA approval date                      Explanation
                                                                                                                    submittal
                                                                                                                      date


                                                        *                        *                       *                       *                       *                      *                 *

                                                                                         Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles


                                                        *                        *                       *                       *                       *                      *                 *

                                                                                                   Subchapter D—Oxygen Requirements for Gasoline

                                             Section 114.100 .....      Oxygenated Fuels ........................    1/20/2017       2/27/2018, [Insert Federal Reg-
                                                                                                                                       ister citation].

                                                        *                        *                       *                       *                       *                      *                 *

                                                                                                             Subchapter H—Low Emission Fuels
                                                                                                               Division 1: Gasoline Volatility


                                                      *                       *                    *                             *                      *                       *                 *
                                             Section 114.305 .....      Approved Test Methods ...............        1/20/2017       2/27/2018, [Insert Federal Reg-
                                                                                                                                       ister citation].

                                                        *                        *                       *                       *                       *                      *                 *



                                             *      *       *       *      *                           rule is intended to mitigate negative                  measures, and this information is not
                                             [FR Doc. 2018–03974 Filed 2–26–18; 8:45 am]               economic impacts to non-groundfish                     repeated here.
                                             BILLING CODE 6560–50–P                                    vessels, while maintaining conservation                   The Magnuson-Stevens Fishery
                                                                                                       benefits for the southern windowpane                   Conservation and Management Act
                                                                                                       flounder stock.                                        (Magnuson-Stevens Act) limits NMFS’
                                             DEPARTMENT OF COMMERCE                                    DATES: Effective March 1, 2018, through                emergency action authority to an initial
                                                                                                       April 30, 2018.                                        period of 180 days, with a potential
                                             National Oceanic and Atmospheric
                                             Administration                                            ADDRESSES: Copies of recent related                    extension up to an additional 186 days,
                                                                                                       actions, including Framework 52, 55,                   if certain criteria are met. An extension
                                             50 CFR Part 648                                           and Framework 56, the Environmental                    is allowed if the public has had an
                                                                                                       Assessments (EA), and their Regulatory                 opportunity to comment on the
                                             [Docket No. 170808738–7777–01]                            Impact Review, and the Final                           emergency regulation, and in the case of
                                                                                                       Regulatory Flexibility Act analysis                    a Council recommendation for an
                                             RIN 0648–BH11
                                                                                                       prepared by the New England Fishery                    emergency action, the Council is
                                             Magnuson-Stevens Fishery                                  Management Council and NMFS are                        actively developing a change to the
                                             Conservation and Management Act                           available from Michael Pentony,                        Fishery Management Plan (FMP) or
                                             Provisions; Fisheries of the                              Regional Administrator, NMFS Greater                   regulations to address the emergency on
                                             Northeastern United States; Northeast                     Atlantic Regional Office, 55 Great                     a permanent basis. We accepted public
                                             Groundfish Fishery; Fishing Year 2017;                    Republic Drive, Gloucester, MA 01930.                  comment on the emergency measures,
                                             Extension of Emergency Removal of                         The documents are also accessible via                  and received one comment in support of
                                             Southern Windowpane Accountability                        the internet at: https://www.nefmc.org/                the action. Additionally, the New
                                             Measures                                                  management-plans/northeast-                            England Fishery Management Council
                                                                                                       multispecies.                                          developed changes in Framework
                                             AGENCY:  National Marine Fisheries
                                                                                                       FOR FURTHER INFORMATION CONTACT:                       Adjustment 57 to the Northeast
                                             Service (NMFS), National Oceanic and
                                             Atmospheric Administration (NOAA),                        Sarah Heil, Senior Fishery Policy                      Multispecies (Groundfish) FMP to
                                             Commerce.                                                 Analyst, phone: 978–281–9257.                          permanently address the emergency.
                                                                                                       SUPPLEMENTARY INFORMATION: On                          Framework 57 is intended to be
                                             ACTION: Temporary rule; emergency
                                                                                                       September 1, 2017, we implemented                      implemented for the 2018 fishing year
                                             action extended.
                                                                                                       emergency measures to remove the                       beginning on May 1, 2018. As discussed
                                             SUMMARY:   This rule extends the                          southern windowpane flounder AMs for                   in more detail below, we determined the
                                             emergency action to remove the 2017                       non-groundfish trawl vessels (82 FR                    necessary criteria to extend the
daltland on DSKBBV9HB2PROD with RULES




                                             southern windowpane flounder                              41564). These emergency measures                       emergency measures have been met.
                                             accountability measures (AM) for non-                     expire on February 28, 2018. The                       Therefore, this temporary rule removes
                                             groundfish trawl vessels. The rule is                     emergency rule published on September                  the southern windowpane flounder
                                             necessary because the emergency                           1, 2017, included detailed information                 AMs for non-groundfish trawl vessels
                                             measures would otherwise expire before                    on the background, reasons, and                        for the remainder of the 2017 fishing
                                             the end of the 2017 fishing year. This                    justification for the emergency                        year through April 30, 2018.


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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                         8363

                                             Background                                                 As a result of the 2015 ACL overage,               justified because new information
                                                On August 1, 2017, we implemented                    we implemented the AMs for non-                       presented an issue of fairness and equity
                                             AMs because the 2015 total annual                       groundfish trawl vessels for the first                that we, nor the Council, previously
                                             catch limit (ACL) for southern                          time in 2017. Neither we, nor the New                 contemplated. At the time of the
                                             windowpane flounder was exceeded (82                    England Council, considered or foresaw                emergency action, the New England
                                             FR 35660). Due to data availability, we                 the possibility of removing the AMs                   Council was developing Framework
                                             typically implement AMs for                             inseason for groundfish vessels, but                  Adjustment 57 to the Northeast
                                             windowpane flounder at the start of the                 maintaining them for non-groundfish                   Multispecies FMP, in part to address the
                                             second fishing year after an overage.                   trawl vessels despite catch being below               issue of southern windowpane flounder
                                             These AMs require trawl vessels fishing                 the ACL. This situation presented an                  AM impacts on non-groundfish trawls
                                             in certain Southern New England areas                   issue of fairness and equity, particularly            that arose during 2017. In this action,
                                             to use selective gear that limit flatfish               because catch by non-groundfish vessels               the New England Council recommended
                                             catch. The southern windowpane AM                       was well below the sub-ACL for this                   giving the Regional Administrator
                                             areas apply to all groundfish trawl                     fishery component. Maintaining the                    authority to remove the AMs inseason
                                             vessels. The AM areas also apply to                     AMs for non-groundfish trawl vessels                  for non-groundfish vessels. The New
                                             non-groundfish trawl vessels fishing                    for the full fishing year would have                  England Council also recommended
                                             with a 5 inch (12.7 centimeter) or                      substantial economic impacts without                  revising the southern windowpane
                                             greater codend mesh size, which                         further contributing to the conservation              flounder AM areas. These measures are
                                             includes vessels that target summer                     goals of the AMs. For these reasons, and              intended to provide non-groundfish
                                             flounder, scup, black sea bass, and                     at the request of the New England and                 trawl vessels additional flexibility while
                                             skates. The AMs impose a substantial                    Mid-Atlantic Councils, on September 1,                continuing to reduce impacts on
                                             financial hardship on both groundfish                   2017, we implemented an emergency                     southern windowpane flounder.
                                             and non-groundfish vessels, particularly                rule to remove the 2017 southern                      Framework 57 is intended to be
                                             because the AM areas eliminate access                   windowpane flounder AMs for non-                      implemented for the 2018 fishing year.
                                             to target species that vessels are unlikely             groundfish trawl vessels (82 FR 41564).               The New England Council took final
                                             to recoup even if they move to fish in                  These emergency measures expire on                    action on Framework 57 in December
                                             other areas. These AMs are estimated to                 February 28, 2018.                                    2017, and has submitted the action to us
                                             result in $2 million in lost revenue in                 Extension of Emergency Measures                       for review. Framework 57 could not be
                                             catch of yellowtail flounder, winter                                                                          developed and implemented in time to
                                             flounder, summer flounder, and scup.                       If the emergency measures expire, the
                                                                                                                                                           address this issue for the 2017 fishing
                                                In 2015, we implemented Framework                    southern windowpane flounder AMs
                                                                                                                                                           year. Extending the emergency measures
                                             Adjustment 52 to the Northeast                          would be re-implemented for non-
                                                                                                                                                           for the remainder of this fishing year
                                             Multispecies FMP to reduce the                          groundfish trawl vessels for the
                                                                                                                                                           will prevent disruption to non-
                                             economic impacts of the windowpane                      remainder of the 2017 fishing year. This
                                                                                                                                                           groundfish trawl vessels while we
                                             flounder AMs for the groundfish fishery                 would undermine the conservation and
                                                                                                                                                           consider the New England Council’s
                                             (80 FR 2021; January 15, 2015). At the                  management goals of the September 1,
                                                                                                                                                           recommended permanent changes.
                                             time, the AMs had only been triggered                   2017, emergency action. AMs are
                                             for the groundfish fishery. The Council                 intended to correct operational issues                Emergency Measures
                                             intentionally limited the scope of                      that cause overages and mitigate
                                             Framework 52 to the groundfish fishery                  biological consequences of overages.                     This emergency action extends the
                                             to ensure the action could be completed                 The fishery’s 2016 catch was below the                Regional Administrator authority to
                                             and implemented during the 2015                         overall ACL, which is consistent with                 remove the southern windowpane
                                             fishing year. Framework 52 gave the                     the fishery having corrected the                      flounder AM inseason for non-
                                             Regional Administrator authority to                     operational issues that caused the 2015               groundfish trawl vessels if we determine
                                             remove the windowpane flounder AM                       overage. We expect 2017 catch to be                   that catch is below the ACL in the year
                                             in-season if catch is below the ACL in                  similar to 2016 because of recent quota               immediately following an overage.
                                             the year immediately following the                      reductions for key flounder species that              Effective March 1, 2018, this action
                                             overage. For example, if we implement                   limit overall fishing effort on all flatfish          removes the southern windowpane
                                             an AM in year 3 (2017) due to an                        stocks, including southern windowpane                 flounder AMs for non-groundfish trawl
                                             overage in year 1 (2015), we can remove                 flounder. Additionally, the 2017                      vessels fishing with 5 inches (12.7
                                             the AM in September if catch did not                    assessment update shows a stable and                  centimeter) or greater codend mesh size.
                                             exceed the ACL in year 2 (2016).                        slightly increasing southern                          These emergency measures are effective
                                                Total 2016 catch of southern                         windowpane stock. This assessment                     through April 30, 2018. There will be no
                                             windowpane flounder was 82 percent of                   information, along with 2016 catch, is                southern windowpane flounder AM in
                                             the total ACL. As a result, under the                   consistent with the AM’s goal of                      effect beginning on May 1, 2018,
                                             Regional Administrator authority that                   mitigating or addressing the effects of               because the 2016 ACL was not exceeded
                                             Framework 52 established, we removed                    the overage. As a result, we determined               and current 2017 catch information does
                                             the AMs for the groundfish fishery on                   that removing the AMs in September                    not suggest an ACL overage will occur.
                                             September 1, 2017 (82 FR 35676; August                  would not result in negative impacts for              Non-groundfish trawl vessels may fish
                                             1, 2017). However, because this                         the stock. Thus, allowing the emergency               inside the southern windowpane
                                             authority is limited to the groundfish                  measures to expire would result in                    flounder AM areas (Figure 1) without
                                             fishery only, the AMs for non-                          unnecessary economic loss to non-                     selective gear, which increases fishing
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                                             groundfish trawl vessels would have                     groundfish trawl vessels.                             opportunities to target other flatfish
                                             remained in place for the entire 2017                      Additionally, as noted earlier in this             species for which they hold a permit
                                             fishing year without additional action.                 preamble, emergency action was                        and for which quota is available.




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                                             8364             Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations




                                             Comments and Responses                                  rulemaking by Federal agencies. The                   provide prior notice and an opportunity
                                               We received one comment during the                    purpose of these requirements is to                   for public comment would allow the
                                             comment period on the emergency rule.                   ensure public access to the Federal                   emergency measures to expire, and
                                               Comment 1: Lund’s Fisheries, Inc.                     rulemaking process and to give the                    prevent this action from being
                                             commented in support of the emergency                   public adequate notice and opportunity                implemented before the end of the
                                             measures, and agreed that maintaining                   for comment. Pursuant to 5 U.S.C.                     fishing year.
                                             the AMs for non-groundfish trawl                        553(b)(B), the Assistant Administrator
                                                                                                                                                              Additionally, the original emergency
                                             vessels would have presented fairness                   for Fisheries finds good cause to waive
                                                                                                                                                           rule provided for public comment on
                                             and equity issues, as well as serious                   prior notice and the opportunity for
                                                                                                                                                           the emergency measures. The Council
                                             economic impacts, without contributing                  public comment because it would be
                                                                                                     impracticable and contrary to the public              also addressed this issue in Framework
                                             to conservation goals of the AMs.                                                                             57 to the Northeast Multispecies FMP,
                                               Response: We agree. For all of the                    interest and would prevent the positive
                                                                                                     benefits this rule is intended to provide.            which is scheduled for implementation
                                             reasons described in detail in the initial                                                                    for the 2018 fishing year beginning on
                                             emergency rule, as well as those reasons                Additionally, because this rule relieves
                                                                                                     a restriction and removes the southern                May 1, 2018. During the development of
                                             in the preamble above, allowing the                                                                           Framework 57, there was extensive
                                             emergency measures to expire before the                 windowpane flounder AM areas for
                                                                                                     non-groundfish trawl vessels, it is not               public comment on potential changes to
                                             end of the fishing year would
                                                                                                     subject to the 30-day delayed                         the windowpane flounder AMs. Thus,
                                             undermine the goals of the emergency
                                                                                                     effectiveness provision of the APA                    prior notice and opportunity for public
                                             action. As a result, this rule extends the
                                                                                                     under 5 U.S.C. 553(d)(1).                             comment for this rule would not
                                             emergency measures for the remainder
                                             of the 2017 fishing year to prevent                        Without additional action, the                     provide added benefit that would
                                             disruption to Mid-Atlantic trawl vessels                emergency measures implemented on                     outweigh the need to avoid unnecessary
                                             in the middle of the fishing year,                      September 1, 2017, to remove the AMs                  economic harm on non-groundfish trawl
                                             maintain fairness and equity, and                       for non-groundfish vessels would expire               vessels fishing in Southern New
                                             continue to mitigate the negative                       before the end of the 2017 fishing year.              England.
                                             economic impacts on these vessels that                  Implementing the AMs only for non-                       This action is being taken pursuant to
                                             the AMs would otherwise impose.                         groundfish trawl vessels would present                the emergency provision of the
                                                                                                     fairness and equity issues. The AMs                   Magnuson-Stevens Act and is exempt
                                             Classification                                          would also have substantial economic                  from Office of Management and Budget
                                               The NMFS Assistant Administrator                      impacts without contributing further to               review.
                                             has determined that this extension to                   the conservation goals of the AMs. The
                                             the emergency rule is consistent with                   AM areas eliminate access to target                      This emergency rule is exempt from
                                             the criteria and justifications for use of              species that vessels are unlikely to                  the procedures of the Regulatory
                                             emergency measures in section 305(c) of                 recoup even if they move to fish in other             Flexibility Act because the rule is issued
                                             the Magnuson-Stevens Act, and is                        areas. Thus, extending the emergency                  without opportunity for prior notice and
                                             consistent with the Northeast                           measures to remove the AMs for the                    opportunity for public comment.
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                                             Multispecies FMP, other provisions of                   remainder of the 2017 fishing year                    List of Subjects in 50 CFR Part 648
                                             the Magnuson-Stevens Act, the                           continues to mitigate serious economic
                                             Administrative Procedure Act (APA),                     harm to affected vessels until permanent                Fisheries, Fishing, Recordkeeping and
                                             and other applicable law.                               measures can be implemented. There                    reporting requirements.
                                               Section 553 of the APA establishes                    are less than 3 months remaining in the
                                                                                                                                                                                                        ER27FE18.001</GPH>




                                             procedural requirements applicable to                   2017 fishing year. The time necessary to


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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                          8365

                                               Dated: February 21, 2018.                             apportionments, and prohibited species                quota (PSQ) reserves established by
                                             Samuel D. Rauch, III,                                   catch allowances for the groundfish                   § 679.21; seasonal allowances of
                                             Deputy Assistant Administrator for                      fishery of the Bering Sea and Aleutian                pollock, Pacific cod, and Atka mackerel
                                             Regulatory Programs, National Marine                    Islands management area (BSAI). This                  TAC; American Fisheries Act
                                             Fisheries Service.                                      action is necessary to establish harvest              allocations; Amendment 80 allocations;
                                               For the reasons set out in the                        limits for groundfish during the 2018                 Community Development Quota (CDQ)
                                             preamble, 50 CFR part 648 is amended                    and 2019 fishing years, and to                        reserve amounts established by
                                             as follows:                                             accomplish the goals and objectives of                § 679.20(b)(1)(ii); and acceptable
                                                                                                     the Fishery Management Plan for                       biological catch (ABC) surpluses and
                                             PART 648—FISHERIES OF THE                               Groundfish of the Bering Sea and                      reserves for CDQ groups and the
                                             NORTHEASTERN UNITED STATES                              Aleutian Islands Management Area                      Amendment 80 cooperative for flathead
                                                                                                     (FMP). The intended effect of this action             sole, rock sole, and yellowfin sole. The
                                             ■ 1. The authority citation for part 648                is to conserve and manage the                         final harvest specifications set forth in
                                             continues to read as follows:                           groundfish resources in the BSAI in                   Tables 1 through 25 of this action satisfy
                                                 Authority: 16 U.S.C. 1801 et seq.                   accordance with the Magnuson-Stevens                  these requirements.
                                                                                                     Fishery Conservation and Management                      Section 679.20(c)(3)(i) further requires
                                             ■ 2. In § 648.90, add paragraph                         Act (Magnuson-Stevens Act).                           NMFS to consider public comment on
                                             (a)(5)(i)(D)(1)(iii) effective March 1,                                                                       the proposed harvest specifications and
                                                                                                     DATES: Effective from 1200 hrs, Alaska
                                             2018, through April 30, 2018.                                                                                 to publish final harvest specifications in
                                                The addition reads as follows:                       local time (A.l.t.), February 27, 2018,
                                                                                                     through 2400 hrs, A.l.t., December 31,                the Federal Register. The proposed
                                             § 648.90 NE multispecies assessment,                    2019.                                                 2018 and 2019 harvest specifications for
                                             framework procedures and specifications,                                                                      the groundfish fishery of the BSAI were
                                                                                                     ADDRESSES: Electronic copies of the
                                             and flexible area action system.                                                                              published in the Federal Register on
                                                                                                     Alaska Groundfish Harvest
                                                (a) * * *                                                                                                  December 8, 2017 (82 FR 57906).
                                                                                                     Specifications Final Environmental
                                                (5) * * *                                                                                                  Comments were invited and accepted
                                                                                                     Impact Statement (EIS), Record of
                                                (i) * * *                                                                                                  through January 8, 2018. NMFS received
                                                (D) * * *                                            Decision (ROD), Supplementary
                                                                                                                                                           no substantive comments on the
                                                (1) * * *                                            Information Report (SIR) to the EIS, and
                                                                                                                                                           proposed harvest specifications. NMFS
                                                (iii) Emergency rule reducing the                    the Initial Regulatory Flexibility
                                                                                                                                                           consulted with the Council on the final
                                             duration of southern windowpane                         Analysis (IRFA) prepared for this action
                                                                                                                                                           2018 and 2019 harvest specifications
                                             flounder AM for non-groundfish vessels.                 are available from http://
                                                                                                                                                           during the December 2017 Council
                                             Effective March 1, 2018, through April                  alaskafisheries.noaa.gov. The final 2017
                                                                                                                                                           meeting in Anchorage, AK. After
                                             30, 2018, the southern windowpane                       Stock Assessment and Fishery
                                                                                                                                                           considering public comments, as well as
                                             flounder AM is removed for all vessels                  Evaluation (SAFE) report for the
                                                                                                                                                           biological and economic data that were
                                             fishing with trawl gear with a codend                   groundfish resources of the BSAI, dated
                                                                                                                                                           available at the Council’s December
                                             mesh size equal to or greater than 5                    November 2017, as well as the SAFE
                                                                                                                                                           meeting, in this final rule NMFS
                                             inches (12.7 cm) in other, non-specified                reports for previous years, are available
                                                                                                                                                           implements the final 2018 and 2019
                                             sub-components of the fishery,                          from the North Pacific Fishery
                                                                                                                                                           harvest specifications as recommended
                                             including, but not limited to, exempted                 Management Council (Council) at 605
                                                                                                                                                           by the Council.
                                             fisheries that occur in Federal waters                  West 4th Avenue, Suite 306, Anchorage,
                                                                                                     AK, 99510–2252, phone 907–271–2809,                   ABC and TAC Harvest Specifications
                                             and fisheries harvesting exempted
                                             species specified in § 648.80(b)(3).                    or from the Council’s website at http://                The final ABC levels for Alaska
                                                                                                     www.npfmc.org/.                                       groundfish are based on the best
                                             *       *    *    *     *
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      available biological and socioeconomic
                                             [FR Doc. 2018–03899 Filed 2–26–18; 8:45 am]
                                                                                                     Steve Whitney, 907–586–7228.                          information, including projected
                                             BILLING CODE 3510–22–P
                                                                                                     SUPPLEMENTARY INFORMATION: Federal                    biomass trends, information on assumed
                                                                                                     regulations at 50 CFR part 679                        distribution of stock biomass, and
                                             DEPARTMENT OF COMMERCE                                  implement the FMP and govern the                      revised technical methods used to
                                                                                                     groundfish fisheries in the BSAI. The                 calculate stock biomass. In general, the
                                             National Oceanic and Atmospheric                        Council prepared the FMP, and NMFS                    development of ABCs and overfishing
                                             Administration                                          approved it, under the Magnuson-                      levels (OFLs) involves sophisticated
                                                                                                     Stevens Act. General regulations                      statistical analyses of fish populations.
                                             50 CFR Part 679                                         governing U.S. fisheries also appear at               The FMP specifies a series of six tiers
                                             [Docket No. 170817779–8161–02]
                                                                                                     50 CFR part 600.                                      to define OFL and ABC amounts based
                                                                                                        The FMP and its implementing                       on the level of reliable information
                                             RIN 0648–XF636                                          regulations require NMFS, after                       available to fishery scientists. Tier 1
                                                                                                     consultation with the Council, to                     represents the highest level of
                                             Fisheries of the Exclusive Economic                     specify annually the total allowable                  information quality available, while Tier
                                             Zone Off Alaska; Bering Sea and                         catch (TAC) for each target species                   6 represents the lowest.
                                             Aleutian Islands; 2018 and 2019                         category. The sum of all TAC for all                    In December 2017, the Council, its
                                             Harvest Specifications for Groundfish                   groundfish species in the BSAI must be                Scientific and Statistical Committee
                                             AGENCY:  National Marine Fisheries                      within the optimum yield (OY) range of                (SSC), and its Advisory Panel (AP)
                                                                                                     1.4 million to 2.0 million metric tons                reviewed current biological and harvest
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                                             Service (NMFS), National Oceanic and
                                             Atmospheric Administration (NOAA),                      (mt) (see § 679.20(a)(1)(i)(A)). This final           information about the condition of the
                                             Commerce.                                               rule specifies the TAC at 2.0 million mt              BSAI groundfish stocks. The Council’s
                                             ACTION: Final rule; closures.                           for both 2018 and 2019. NMFS also                     BSAI Groundfish Plan Team (Plan
                                                                                                     must specify apportionments of TAC,                   Team) compiled and presented this
                                             SUMMARY: NMFS announces final 2018                      prohibited species catch (PSC)                        information in the final 2017 SAFE
                                             and 2019 harvest specifications,                        allowances, and prohibited species                    report for the BSAI groundfish fisheries,


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Document Created: 2018-02-27 01:15:00
Document Modified: 2018-02-27 01:15:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; emergency action extended.
DatesEffective March 1, 2018, through April 30, 2018.
ContactSarah Heil, Senior Fishery Policy Analyst, phone: 978-281-9257.
FR Citation83 FR 8362 
RIN Number0648-BH11
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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