Rule2023-00575
Revisions to Framework Adjustment 63 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements
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
January 17, 2023
Effective
January 13, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces carryover allocation from fishing year 2021 into fishing year 2022 for the Northeast Multispecies sectors program. This action is necessary to distribute carryover quota to sectors. The carryover adjustments in this rule are routine and formulaic, and industry expects them each year.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2551-2557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00575]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230109-0004; RTID 0648-XC472]
Revisions to Framework Adjustment 63 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; adjustment to specifications.
-----------------------------------------------------------------------
SUMMARY: This final rule announces carryover allocation from fishing
year 2021 into fishing year 2022 for the Northeast Multispecies sectors
program. This action is necessary to distribute carryover quota to
sectors. The carryover adjustments in this rule are routine and
formulaic, and industry expects them each year.
DATES: Effective January 13, 2023, through April 30, 2023.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
[[Page 2552]]
SUPPLEMENTARY INFORMATION: On July 15, 2022, we published a final rule
approving Framework Adjustment 63 to the Northeast Multispecies Fishery
Management Plan (FMP) (87 FR 42375), which set or adjusted annual catch
limits (ACL) for 5 of the 20 groundfish stocks, and 2022 ACLs for three
shared U.S./Canada stocks. This rule distributes unused sector quota
carried over from fishing year 2021 to fishing year 2022.
Sector Carryover Allocations From Fishing Year 2021
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) up 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 2021 fishing year data reconciliation
with sectors and determined final 2021 fishing year sector catch and
the amount of allocation that sectors may carry over from the 2021 to
the 2022 fishing year. Accordingly, unused ACE from fishing year 2021
available to carry over to fishing year 2022 has been reduced for the
following stocks: 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. The only stock for which carryover was a full 10
percent of the original quota allocation from fishing year 2021 was GOM
cod. 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 2021 to the 2022 fishing year. Table 2 includes the
de minimis amount of carryover for each sector for the 2022 fishing
year. If the overall ACL for any allocated stock is exceeded for the
2022 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 2022 fishing year, including finalized
carryover amounts for each sector, as adjusted down when necessary to
equal each stock's ABC.
BILLING CODE 3510-22-P
[[Page 2553]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.000
[[Page 2554]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.001
[[Page 2555]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.002
[[Page 2556]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.003
[[Page 2557]]
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), which provides
specific authority for implementing this action. Section 305(d)
authorizes NMFS to take action to carry out provisions in FMPs and of
the MSA. In a previous action taken pursuant to section 304(b), NMFS
approved the Council designed provisions in the FMP to authorize NMFS
to annually adjust and distribute sector carryover consistent with MSA
requirements to prevent overfishing and achieve optimum yield. See
Sec. 648.87(b)(1)(i)(C). 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 final rule is exempt from review under 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 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)(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, and sector vessels will be able
to fish for this additional catch as soon as this action is in effect,
which will provide increased operational flexibility and ability to
catch its available allocation. 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. Carryover from 2021 was only recently finalized
because it is based on data that was not available until the late fall
upon the conclusion of the catch accounting process for fishing year
2021.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-00575 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-22-C
</pre></body>
</html>Indexed from Federal Register on January 17, 2023.
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.