[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 [www.gpo.gov]
[FR Doc No: 2022-03338]


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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.

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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: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
    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.

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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.
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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]
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