Rule2024-26798
Revisions to Framework Adjustment 66 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements; Updated Annual Catch Limits for Sectors and the Common Pool for Fishing Year 2024
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
November 19, 2024
Effective
November 18, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), this final rule: adjusts the 2024 fishing year allocations to sectors and the common pool specified in Framework Adjustment 66 to the Northeast Multispecies Fishery Management Plan (Framework 66); makes minor adjustments to common pool limits based on final 2023 fishing year catch information; and distributes sector annual catch entitlements carried over from fishing year 2023 into fishing year 2024 as required by regulation. The revisions are necessary to account for changes to 2024 sub-annual catch limits based on final 2024 sector rosters and to respond to a 2023 overage of Gulf of Maine (GOM) cod in the common pool. These adjustments are routine and formulaic, aiming to ensure that final allocations are determined using the most reliable scientific information available.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Rules and Regulations]
[Pages 91277-91283]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26798]
[[Page 91277]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[241112-0290; RTID 0648-XE416]
Revisions to Framework Adjustment 66 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements; Updated Annual Catch Limits for Sectors and the Common
Pool for Fishing Year 2024
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; adjustment to specifications.
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SUMMARY: Under the Magnuson-Stevens Fishery Conservation and Management
Act (MSA), this final rule: adjusts the 2024 fishing year allocations
to sectors and the common pool specified in Framework Adjustment 66 to
the Northeast Multispecies Fishery Management Plan (Framework 66);
makes minor adjustments to common pool limits based on final 2023
fishing year catch information; and distributes sector annual catch
entitlements carried over from fishing year 2023 into fishing year 2024
as required by regulation. The revisions are necessary to account for
changes to 2024 sub-annual catch limits based on final 2024 sector
rosters and to respond to a 2023 overage of Gulf of Maine (GOM) cod in
the common pool. These adjustments are routine and formulaic, aiming to
ensure that final allocations are determined using the most reliable
scientific information available.
DATES: Effective November 18, 2024, through April 30, 2025.
FOR FURTHER INFORMATION CONTACT: Anjali Bhardwaj, Fishery Management
Specialist, (978) 281-9293.
SUPPLEMENTARY INFORMATION:
Background
Framework 66 was approved on May 2, 2024 (89 FR 35755), setting
specifications for 8 of the 20 Northeast multispecies stocks including
redfish, northern windowpane flounder, and southern windowpane flounder
for fishing years 2024-2026; and Georges Bank (GB) cod, GB haddock,
Gulf of Maine (GOM) haddock, GB yellowtail flounder, and white hake for
fishing years 2024-2025. The framework also adjusted commercial
management measures for Atlantic halibut and modified sea scallop
accountability measure implementation for GB yellowtail flounder. These
changes were made to prevent overfishing, ensure rebuilding, and help
achieve optimal yield in the commercial and recreational groundfish
fisheries. Framework 66 included preliminary allocations for sectors
and the common pool based on the fishing year 2024 catch limits and
preliminary sector rosters. A sector receives an allocation of each
stock, or annual catch entitlement (ACE or allocation), based on the
sum of its members' catch histories' and Potential Sector Contributions
(PSC) as described at 50 CFR 648.87(b)(1)(i). State-operated permit
banks in New Hampshire and Maine also receive an allocation that can be
transferred to qualifying sector vessels. The sum of all sector and
State-operated permit bank allocations is known as the sector sub-
annual catch limit (sub-ACL). The remaining groundfish allocations
after sectors and State-operated permit banks receive their allocations
are subsequently allocated to the common pool (i.e., vessels not
enrolled in a sector), which is referred to as the common pool sub-ACL.
The MSA at section 305(d) gives the Secretary of Commerce
(Secretary) the authority and ``responsibility to carry out any fishery
management plan or amendment approved or prepared by him, in accordance
with the provisions of this Act'' (16 U.S.C. 1855(d)). The Secretary
may promulgate such regulations as may be necessary to discharge such
responsibility or to carry out any other provision of the MSA. The
Secretary delegates this authority to NMFS. Using this authority, this
rule adjusts the 2024 fishing year sector and common pool sub-ACLs and
sector ACEs based on final sector rosters as of May 1, 2024. Permits
enrolled in a sector and the vessels associated with those permits have
until April 30, the last day before the beginning of a new fishing
year, to withdraw from a sector and fish in the common pool. As a
result, the actual sector enrollment for the new fishing year is
unknown when the final specifications are published. Each year, NMFS
subsequently publishes an adjustment rule modifying sector and common
pool allocations based on final sector enrollment, ACE carryover each
sector is allowed to bring in from the previous fishing year, and any
ACL or sub-ACL overages that the fishery must mitigate under the
accountability measures of the FMP through payback. The process of
validating fishery catch from the previous fishing year is completed
following the end of the fishing year (April 30), and it may take
several months to complete and reconcile commercial data, receive of
State fishery catch data and complete recreational fishing estimates.
In the case of this adjustment rule, the 2023 fishing year information
was finalized in early October 2024 and is the basis of the carryover
and payback adjustments in the rule. The proposed and final rules for
Framework 66 both explained that sector enrollments may change and that
there would be a need to adjust the sub-ACLs and sector ACEs in
accordance with the final rosters and the resulting sector PSCs. Table
1 shows the changes to the sub-ACLs between Framework 66 and this
adjustment rule in metric tons (mt), and table 2 shows changes to the
sub-ACLs between Framework 66 and this adjustment rule in pounds (lb).
This action adjusts sub-ACLs and ACEs for the common pool and sectors,
distributes unused sector quota carried over from fishing year 2023 to
fishing year 2024, and revises the GOM cod common pool sub-ACL in
response to an overage that occurred in fishing year 2023.
Table 1--Sub-ACL Comparison Between Framework 66 Final Rule and Adjustment Rule
[mt]
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Final framework Final framework Final adjusted
Stock 66 sector sub- Final adjusted 66 common pool common pool sub-
ACL sector sub-ACL sub-ACL ACL
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GB Cod East............................ 147 147 4 4
GB Cod West............................ 248 248 7 7
GOM Cod................................ 286 301 10 10
GB Haddock East........................ 3,028 3,027 72 73
[[Page 91278]]
GB Haddock West........................ 3,728 3,745 81 81
GOM Haddock............................ 1,479 1,538 30 31
GB Yellowtail Flounder................. 55 55 3 3
SNE/MA Yellowtail Flounder............. 27 27 8 8
CC/GOM Yellowtail Flounder............. 881 879 39 44
American Plaice........................ 5,315 5,321 142 144
Witch Flounder......................... 1,163 1,165 41 41
GB Winter Flounder..................... 1,488 1,490 44 44
GOM Winter Flounder.................... 556 557 79 82
SNE/MA Winter Flounder................. 408 411 53 53
Redfish................................ 8,226 8,320 77 77
White Hake............................. 1,905 1,906 18 18
Pollock................................ 12,696 12,702 122 123
N Windowpane Flounder.................. na na na na
S Windowpane Flounder.................. na na na na
Ocean Pout............................. na na na na
Atlantic Halibut....................... na na na na
Atlantic Wolffish...................... na na na na
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Final Adjusted Sector Sub-ACLs include changes from both finalized rosters and carryover.
Table 2--Sub-ACL Comparison Between Framework 66 Final Rule and Adjustment Rule
[lbs]
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Final framework Final framework Final adjusted
Stock 66 sector sub- Final adjusted 66 common pool common pool sub-
ACL sector sub-ACL sub-ACL ACL
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GB Cod East............................ 323 323 10 10
GB Cod West............................ 547 548 15 15
GOM Cod................................ 630 663 22 22
GB Haddock East........................ 6,675 6,674 159 160
GB Haddock West........................ 8,219 8,257 178 179
GOM Haddock............................ 3,260 3,391 67 68
GB Yellowtail Flounder................. 120 120 7 7
SNE/MA Yellowtail Flounder............. 60 60 17 17
CC/GOM Yellowtail Flounder............. 1,943 1,937 87 97
American Plaice........................ 11,718 11,730 314 318
Witch Flounder......................... 2,564 2,567 90 91
GB Winter Flounder..................... 3,281 3,284 97 97
GOM Winter Flounder.................... 1,226 1,228 174 181
SNE/MA Winter Flounder................. 899 905 117 117
Redfish................................ 18,135 18,143 170 170
White Hake............................. 4,201 4,203 40 40
Pollock................................ 27,990 28,003 269 270
N Windowpane Flounder.................. na na na na
S Windowpane Flounder.................. na na na na
Ocean Pout............................. na na na na
Atlantic Halibut....................... na na na na
Atlantic Wolffish...................... na na na na
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Final Adjusted Sector Sub-ACLs include changes from both finalized rosters and carryover.
2023 Correction to Sector Carryover
Sector regulations at 50 CFR 648.87(b) require NMFS 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. NMFS completed
2023 fishing year data reconciliation with sectors and determined final
2023 fishing year sector catch and the amount of allocation that
sectors may carry over from the 2023 to the 2024 fishing year. A sector
may carry over up to 10 percent of unused ACE for each stock, except in
instances where the amount of unused ACE was reduced so as not to
exceed the ABC. Accordingly, carryover for all stocks is capped by the
ABC and reduced to a value below the full 10-percent of the original
quota allocation from the fishing year 2023, consistent with carryover
accounting requirements at 50 CFR 648.87. 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 3 includes the final amount of ACE that sectors may carry
over from the 2023 to the 2024 fishing year. Table
[[Page 91279]]
4 includes the de minimis amount of carryover for each sector for the
2024 fishing year. If the overall ACL for any allocated stock is
exceeded for the 2024 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. Table 5 lists the final ACE
available to sectors and permit banks for the 2024 fishing year, based
on final rosters and including finalized carryover amounts for each
sector, as adjusted down when necessary to equal each stock's ABC.
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Gulf of Maine Cod Common Pool Sub-Annual Catch Limit and Final ACLs for
All Stocks
If the common pool sub-ACL for any stock is exceeded, 50 CFR
648.82(n)(2)(iii) requires reducing the common pool sub-ACL by the
amount of the overage in the next fishing year. The fishing year 2023
common pool sub-ACL for GOM cod was exceeded by 0.3 mt. Therefore, this
action reduces the fishing year 2024 GOM cod common pool sub-ACL by 0.3
mt resulting in a sub-ACL of 9.5 mt. The revised trimester total
allowable catch (TAC) based on the overage deduction is provided in
table 6. No other changes were made other than slight adjustments to
sub-ACLs to account for final sector rosters.
Table 6--Initial and Revised Gulf of Maine Cod Trimester TACs
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Trimester 1 Trimester 2 Trimester 3
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Allocation Percentage............. 49%.................. 33%.................. 18%.
Initial Trimester TAC............. 4.8 mt............... 3.2 mt............... 1.8 mt.
Revised Trimester TAC............. 4.7 mt............... 3.1 mt............... 1.7 mt.
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Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Northeast Multispecies Fishery Management
Plan, other provisions of the MSA, and other applicable law.
This action is exempt from the procedures of Executive Order 12866
because this action contains no implementing regulations.
Pursuant to 5 U.S.C. 553(b)(3)(B), NMFS finds good cause to waive
prior public notice and opportunity for public comment on the catch
limit and allocation adjustments because allowing time for notice and
comment is impracticable, unnecessary, and contrary to the public
interest. This adjustment process regularly occurs each year in
accordance with directions to carry over unused catch that is added to,
and deduct overages from, catch limits. These processes, described more
specifically below, were subject to public notice and comment and set
forth in regulations as noted throughout this action. The proposed and
final rules for Framework 66 explained the need and likelihood for
adjustments of sector and common pool allocations, because final sector
rosters were not available before either the proposed or final rules
were published (89 FR 20412; 89 FR 35755). As described in the
Framework 66 final rule, NMFS calculates a sector's allocation for each
stock by summing its members' PSC for the stock and then multiplying
that total percentage by the commercial sub-ACL for that stock (89 FR
35755). No comments were received on the potential for carryover
adjustments or the process for determining them, which provide an
accurate accounting of a sector's or the common pool's allocation.
These adjustments are routine and in accordance with specified
carryover and sector (50 CFR 648.87(b)(1)) and common pool (50 CFR
648.82(n)(2)(iii)) accountability requirements based on final sector
and common pool enrollment.
The process for determining carryover for sectors is described at
50 CFR 648.87(b)(1)(i)(C). With the exception of GB yellowtail
flounder, a sector may carryover an amount of ACE equal to 10 percent
of its original ACE for each stock that is unused at the end of one
fishing year into the following fishing year, provided that the total
unused sector ACE plus the overall ACL for the following fishing year
does not exceed the ABC for the fishing year in which the carryover may
be harvested. The process for determining the reduction to the overall
sub-ACL in the common pool, due to an overage, is described at 50 CFR
648.82(n)(2)(iii). Following Trimester 3, uncaught portions of any
trimester TAC for the common pool may not be carried over into the
following fishing year. If the entire sub-ACL for a particular stock
that is allocated to the common pool is exceeded, an amount equal to
the overage shall be deducted from the sub-ACL for that stock that is
allocated to common pool vessels for the following fishing year.
Thus, this action is expected by fishing industry participants and
the public, as the public was made aware of how the sector pools and
allocations would be adjusted during the notice and comment period for
the Framework 66 rule. It provides sector and common pool vessels with
catch limit information that reflects their actual final allocations,
which will help ensure fishing industry participants operate with
accurate information for planning and recordkeeping as the fishing year
progresses and total catch increases. Additional catch available from
carryover also is expected to provide more operational flexibility and
financial benefit to the fishery participants.
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 new final regulatory flexibility analysis is required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 13, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-26798 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 19, 2024.
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