Rule2022-03338
Revisions to Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2022
Effective
February 16, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule distributes sector allocation carried over from fishing year 2020 into fishing year 2021 and corrects the regulations implementing Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan. This action is necessary to correct regulatory errors and to allocate carryover quota to sectors. The carryover adjustments are routine and formulaic, and industry expects them each year.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8984-8990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03338]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220210-0043; RIN 0648-BL07]
Revisions to Framework Adjustment 61 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; adjustment to specifications; correction.
-----------------------------------------------------------------------
SUMMARY: This final rule distributes sector allocation carried over
from fishing year 2020 into fishing year 2021 and corrects the
regulations implementing Framework Adjustment 61 to the Northeast
Multispecies Fishery Management Plan. This action is necessary to
correct regulatory errors and to allocate carryover quota to sectors.
The carryover adjustments are routine and formulaic, and industry
expects them each year.
DATES: The correction to 50 CFR 648.85 is effective February 16, 2022.
The distribution of sector allocation carried over into fishing year
2021 is effective February 16, 2022, through April 30, 2022.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
SUPPLEMENTARY INFORMATION: On July 28, 2021, we published a final rule
approving Framework Adjustment 61 to the Northeast Multispecies Fishery
Management Plan (FMP) (86 FR 40353), which set or adjusted 2021-2023
annual catch limits (ACL) for 17 of the 20 groundfish stocks, and 2021
ACLs for three shared U.S./Canada stocks. Framework 61 also approved
and implemented the Universal Sector Exemption for Acadian Redfish
(Redfish). This rule distributes unused sector quota carried over from
fishing year 2020 and corrects a regulatory error which incorrectly
defines the boundaries of the Redfish Exemption Area and Redfish
Exemption Area Seasonal Closure II.
Sector Carryover Allocations From Fishing Year 2019
Carryover regulations at 50 CFR 648.87(b)(1)(i)(C) allow each
groundfish sector to carry over an amount of unused Annual Catch
Entitlement (ACE) equal to 10 percent of the sector's original ACE for
each stock (except for Georges Bank [GB] yellowtail flounder) that is
unused at the end of the fishing year into the following fishing year.
We are required to adjust ACE carryover to ensure that the total unused
ACE combined with the overall sub-ACL does not exceed the Acceptable
Biological Catch (ABC) for the fishing year in which the carryover may
be harvested. We have completed 2020 fishing year data reconciliation
with sectors and determined final 2020 fishing year sector catch and
the amount of allocation that sectors may carry over from the 2020 to
the 2021 fishing year. Unused ACE from fishing year 2020 available to
carry over to 2021 was reduced for the following stocks: Georges Bank
(GB) cod; GB haddock; Gulf of Maine (GOM) haddock; Southern New
England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape Cod/GOM
yellowtail flounder; American plaice; witch flounder; GB winter
flounder; GOM winter flounder; SNE/MA winter flounder; redfish; white
hake; and pollock. Complete details on carryover reduction percentages
can be found at: <a href="https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting">https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting</a>.
Table 1 includes the maximum amount of allocation that sectors may
carry over from the 2020 to the 2021 fishing year. Table 2 includes the
de minimis amount of carryover for each sector for the 2021 fishing
year. If the overall ACL for any allocated stock is exceeded for the
2021 fishing year, the allowed carryover harvested by a sector, minus
the pounds in the sector's de minimis amount, will be counted against
its allocation to determine whether an overage subject to an
accountability measure occurred. Tables 3 and 4 list the final ACE
available to sectors for the 2021 fishing year, including finalized
carryover amounts for each sector, as adjusted down when necessary to
equal each stock's ABC.
Correction to Redfish Exemption Areas
The Redfish Exemption Program defined at Sec. 648.85(e)(1) allows
sector vessels to target redfish using a 5.5-inch (14.0-centimeter
(cm)) mesh codend within the Redfish Exemption Area, defined in the
regulations at Sec. 648.85(e)(1)(ii). Also included in the regulations
for the Redfish Exemption Program are two seasonal closure areas in
which no vessel may participate in the Redfish Exemption Program. These
are the Redfish Exemption Area Cod Closure defined at Sec.
648.85(e)(1)(ii)(A) and the Redfish Exemption Area Seasonal Closure II
defined at Sec. 648.85(e)(1)(ii)(B).
Portions of the boundaries for both the Redfish Exemption Area and
the Redfish Exemption Area Seasonal Closure II follow the boundaries of
the U.S. Exclusive Economic Zone (EEZ). The regulations that currently
list the points delineating these areas state that the areas are
defined by straight lines connecting the following points in the order
stated. For both areas, when straight lines are drawn between points
located on the U.S. EEZ and preceding or subsequent points, the
boundaries of the areas that result do not follow the boundaries of the
U.S. EEZ as intended.
[[Page 8985]]
As a result, small portions of the Redfish Exemption Area and Redfish
Exemption Area Seasonal Closure II currently extend past the boundary
of the U.S. EEZ, into Canadian waters.
This rule corrects this error by revising the regulations at Sec.
648.85(e)(1)(ii) and Sec. 648.85(e)(1)(ii)(B) to correctly state that
the lines connecting points located on the U.S. EEZ follow the boundary
of the U.S. EEZ.
Though the erroneous definitions for the Redfish Exemption Area and
Redfish Exemption Area Seasonal Closure II extended these areas past
the U.S. EEZ into Canadian waters, they did not authorize vessels to
fish in Canadian waters. The correction being implemented by this rule,
as a result, does not change any operational aspect of the Redfish
Exemption Program. Instead, it is an administrative change designed to
ensure regulations are written accurately and to reduce confusion.
BILLING CODE 3510-22-P
[[Page 8986]]
[GRAPHIC] [TIFF OMITTED] TR17FE22.095
[[Page 8987]]
[GRAPHIC] [TIFF OMITTED] TR17FE22.096
[[Page 8988]]
[GRAPHIC] [TIFF OMITTED] TR17FE22.097
[[Page 8989]]
[GRAPHIC] [TIFF OMITTED] TR17FE22.098
[[Page 8990]]
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act, which provides specific authority for implementing this
action. Section 305(d) authorizes NMFS to take action because in a
previous action taken pursuant to section 304(b), the Council designed
the FMP to authorize NMFS to annually adjust and distribute sector
carryover. See Sec. 648.87(b)(1)(i)(C). Additionally, pursuant to
section 305(d), this action is necessary to carry out the Northeast
Multispecies FMP, because the regulatory corrections to the Redfish
Exemption Area and Redfish Exemption Area Seasonal Closure II at Sec.
648.85(e)(1)(ii) and Sec. 648.85(e)(1)(ii)(B) are necessary to
correctly administrate the Redfish Exemption Program. The NMFS
Assistant Administrator has determined that this final rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Fishery Conservation and Management Act, and other
applicable laws.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive
prior public notice and opportunity for public comment on the
allocation adjustments and corrections because allowing time for notice
and comment would be impracticable, unnecessary, and contrary to the
public interest. We also find good cause to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) and (3), so that this
final rule may become effective in a timely manner and the fishery may
maximize the economic benefits of the adjusted allocations to the
fishery.
Notice and comment and a 30-day delay in effectiveness would be
impracticable, unnecessary, and contrary to the public interest. The
distribution of unused quota carried over from the previous fishing
year is an annual adjustment action that is expected by industry. These
adjustments increase available catch. They are routine, formulaic, and
authorized by regulation. The public had prior notice and opportunity
to participate in the development of and comment on the regulations
implementing this process and expects this adjustment each year.
Delaying these adjustments would result in a delay in the distribution
of unused carryover to sectors, and could negate or reduce the intended
economic benefits and increased operational flexibility provided by
these adjustments. We only recently finalized carryover for 2020 based
on data available in the late fall.
The regulatory revisions in this rule are necessary to correct
regulatory errors made in the implementation of Framework 61.
Correcting these errors is not subject to our discretion, so there
would be no benefit to allowing time for notice and comment. Immediate
implementation corrects information published in Framework Adjustment
61 and provides industry with the most accurate information. Delaying
these corrections could cause confusion about compliance with legal
requirements. The need for these corrections was discovered only
recently, so quicker action on our part was not possible.
Also, because advanced notice and the opportunity for public
comment are not required for this action under the Administrative
Procedure Act, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this
rule. Therefore, no final regulatory flexibility analysis is required
and none has been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 10, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated 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. 648.85, revise the introductory text of paragraph
(e)(1)(ii) and paragraph (e)(1)(ii)(B) to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(e) * * *
(1) * * *
(ii) Redfish Exemption Area. The Redfish Exemption Area is the area
defined by straight lines connecting the following points in the order
stated, except between points D and E and E and F, the boundary follows
the outer limits of the U.S. EEZ. (A chart depicting this area is
available from the Regional Administrator upon request):
Table 14 to Paragraph (e)(1)(ii) Introductory Text
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
A............................................... 43[deg]00' 69[deg]55'
B............................................... 43[deg]00' 69[deg]30'
C............................................... 43[deg]20' 69[deg]30'
D............................................... 43[deg]20' (\1\)
E............................................... 42[deg]53. 67[deg]44.
24' 55'
F............................................... 42[deg]20' (\2\)
G............................................... 42[deg]20' 67[deg]40'
H............................................... 42[deg]00' 67[deg]40'
I............................................... 42[deg]00' 69[deg]37'
J............................................... 42[deg]20' 69[deg]55'
A............................................... 43[deg]00' 69[deg]55'
------------------------------------------------------------------------
\1\ U.S. EEZ longitude, approximately 67[deg]35.07'.
\2\ U.S. EEZ longitude, approximately 67[deg]18.17'.
* * * * *
(B) Redfish Exemption Area Seasonal Closure II. No vessel may
participate in the Redfish Exemption Program inside the Redfish
Exemption Area Seasonal Closure II from September 1 through December 31
of each year. The Redfish Exemption Area Seasonal Closure II is the
area defined by straight lines connecting the following points in the
order stated, except between points F and G the boundary follows the
outer limits of the U.S. EEZ:
Table 16 to Paragraph (e)(1)(ii)(B)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
M............................................... 42[deg]47. 67[deg]40'
17'
F............................................... 42[deg]20' (\1\)
G............................................... 42[deg]20' 67[deg]40'
M............................................... 42[deg]47. 67[deg]40'
17'
------------------------------------------------------------------------
\1\ U.S. EEZ longitude, approximately 67[deg]18.17'.
* * * * *
[FR Doc. 2022-03338 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-22-C
</pre></body>
</html>Indexed from Federal Register on February 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.