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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 [www.gpo.gov]
[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: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
    Table 3 includes the final amount of ACE that sectors may carry 
over from the 2023 to the 2024 fishing year. Table

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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]
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