80 FR 11331 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2014; Interim Gulf of Maine Cod Management Measures; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 41 (March 3, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 41 (March 3, 2015)
| Page Range | 11331-11332 | |
| FR Document | 2015-04319 |
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)] [Rules and Regulations] [Pages 11331-11332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04319] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 141002822-5169-03] RIN 0648-BE56 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2014; Interim Gulf of Maine Cod Management Measures; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule, correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document makes corrections to the Gulf of Maine cod interim regulations published in the Federal Register on November 13, 2014. This document corrects regulatory text by including the exemption from certain seasonal interim closure areas for vessels fishing for whiting in the Small Mesh Area 1 and 2 Exempted Areas with a raised footrope trawl. These two exempted areas, which overlap with certain seasonal closure areas, were inadvertently overlooked in the interim rule. This action does not make any substantive changes to the interim rule regulations. DATES: Effective February 26, 2015, until May 12, 2015. FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy Analyst, phone: 978-281-9182. SUPPLEMENTARY INFORMATION: Background On November 13, 2014, we published interim management measures (79 FR 67362) to increase protection for Gulf of Maine (GOM) cod in response to a recently updated stock assessment that concluded the stock is severely depleted. The management measures included seasonal interim closure areas where fishing for groundfish is prohibited. The regulations implemented through the GOM cod interim rule allowed vessels fishing with exempted gear or fishing in exempted fisheries to continue to fish within the seasonal interim closure areas; however, the rule mistakenly did not include the Small Mesh Area 1 and 2 Exemption Areas. An exempted fishery is implemented after it is determined that a specific fishery utilizes a certain gear type, and/or fishes in specific areas or times that result in a groundfish bycatch that is less than 5 percent and doesn't jeopardize fishing mortality objectives. Vessels fishing in the Small Mesh Areas must use raised footrope trawl nets that result in minimal groundfish bycatch. Vessels fishing in these areas may not fish for, possess, or land any groundfish. They are allowed to fish for and possess only whiting, red hake, and a limited number of other species. Additional information on exempted fisheries can be found online at www.greateratlantic.fisheries.noaa.gov/regs/info.html. Correction We recently recognized that the GOM cod interim rule regulations inadvertently omitted two small mesh exemption areas utilized by groundfish vessels. Groundfish vessels are allowed to fish with small mesh nets using raised footrope trawls in the Small Mesh [[Page 11332]] Area 1 and 2 Exempted Areas, as described at 50 CFR 648.80(a)(9). Because these areas were omitted from the regulatory text, groundfish vessels would be unable to fish in the portions of the Small Mesh 1 and 2 Exemption Areas that overlap with the GOM cod seasonal interim closure areas. This correction adds the Small Mesh Area 1 and 2 Exempted Areas to the list of exempted fishery areas that are exempt from the GOM cod seasonal interim closure areas. As a result, vessels can now fish with small mesh nets with raised footrope trawls in the Small Mesh Area 2 Exemption Area in March and April, and, if the interim rule were to be extended another six months, in the Small Mesh Area 1 Exemption Area July 15 through November 15. This correction is consistent with the original intent of the GOM cod interim rule. Classification The Assistant Administrator (AA) for Fisheries, NOAA, finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be contrary to the public interest. This temporary rule adds the Small Mesh Area 1 and 2 Exempted Areas to the list of exempted fisheries that are exempt from the GOM cod seasonal interim closure areas. These two areas were inadvertently left out of the GOM cod interim action and adding these areas does not substantively change the regulations. Providing notice and comment on these changes is contrary to the public interest because any additional delay would cause economic harm to fishery participants by denying them opportunities to fish in the specified areas, which would have been permitted but for the previous inadvertent omission. Moreover, this action reduces a regulatory restriction and provides fishermen with greater fishing opportunities while maintaining the goals and objectives of the GOM cod interim rule and the groundfish fishery management plan. The Assistant Administrator also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and makes this rule effective immediately upon filing for public inspection. In addition to the reasons stated above, an area within Small Mesh Area 2 will close on March 1, 2015. Vessels fishing with raised footrope trawls would then be prohibited from fishing in that area unnecessarily. Waiving the 30-day delay avoids this unnecessary closure and allows fishery participants to fish in Small Mesh Area 2 without interruption, as was originally intended when the interim management measures were published. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: February 24, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Therefore, NOAA amends 50 CFR part 648 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. Section 648.81 is amended by: 0 A. Suspending from February 26, 2015, unti May 12, 2015, paragraph (o)(2)(iv), and 0 B. Temporarily adding from February 26, 2015, until May 12, 2015, paragraph (o)(2)(vi). The addition reads as follows: Sec. 648.81 NE multispecies closed area and measures to protect EFH. * * * * * (o) * * * (2) * * * (vi) That are fishing in the Raised Footrope Trawl Exempted Whiting Fishery, ass specified in Sec. 648.80(a)(15), or the Small Mesh Area 1 and 2 Exemption Areas as specified in Sec. 648.80(a)(9). [FR Doc. 2015-04319 Filed 2-26-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11331
Magnuson-Stevens Fishery NOAA (AA), finds that the need to interim regulations published in the
Conservation and Management Act immediately implement this Federal Register on November 13, 2014.
(Magnuson-Stevens Act) by regulations commercial trip limit increase This document corrects regulatory text
at 50 CFR part 622. constitutes good cause to waive the by including the exemption from certain
On January 30, 2012 (76 FR 82058, requirements to provide prior notice seasonal interim closure areas for
December 29, 2011), NMFS and opportunity for public comment vessels fishing for whiting in the Small
implemented a commercial quota of pursuant to the authority set forth in 5 Mesh Area 1 and 2 Exempted Areas
1,102,896 lb (500,265 kg) for Gulf U.S.C. 553(b)(B), because prior notice with a raised footrope trawl. These two
migratory group king mackerel in the and opportunity for public comment on exempted areas, which overlap with
Florida east coast subzone (50 CFR this temporary rule is unnecessary and certain seasonal closure areas, were
622.384(b)(1)(i)(A)). From November 1 contrary to the public interest. Such inadvertently overlooked in the interim
through March 31, the Florida east coast procedures are unnecessary, because the rule. This action does not make any
subzone encompasses an area of the EEZ rule establishing the trip limits has substantive changes to the interim rule
south of a line extending due east of the already been subject to notice and regulations.
boundary between Flagler and Volusia comment, and all that remains is to DATES: Effective February 26, 2015, until
Counties, FL, and north of a line notify the public of the trip limit May 12, 2015.
extending due east of the boundary increase. They are contrary to the public FOR FURTHER INFORMATION CONTACT:
between Miami-Dade and Monroe interest, because prior notice and William Whitmore, Fishery Policy
Counties, FL. From November 1 through opportunity for public comment would Analyst, phone: 978–281–9182.
the end of February, king mackerel in or require time, thus delaying fishermen’s
from the subzone may be possessed on SUPPLEMENTARY INFORMATION:
ability to catch more king mackerel than
board or landed from a permitted vessel the present trip limit allows and Background
in amounts not exceeding 50 fish per preventing fishermen from reaping the
day (50 CFR 622.385(a)(2)(i)(A)). On November 13, 2014, we published
socioeconomic benefits associated with interim management measures (79 FR
However, beginning on March 1, if this increased trip limit.
less than 70 percent of the Florida east 67362) to increase protection for Gulf of
As this action allows fishermen to
coast subzone king mackerel Maine (GOM) cod in response to a
increase their harvest of king mackerel
commercial quota has been harvested by recently updated stock assessment that
from 50 fish to 75 fish per day in or
that date, king mackerel in or from that concluded the stock is severely
from the EEZ of the Florida east coast
subzone may be possessed on board or depleted. The management measures
subzone, the AA finds it relieves a
landed from a permitted vessel in included seasonal interim closure areas
restriction and may go into effect
amounts not exceeding 75 fish per day where fishing for groundfish is
without a 30-day delay in effectiveness,
(50 CFR 622.385(a)(2)(i)(B)(2)). prohibited. The regulations
pursuant to 5 U.S.C. 553(d)(1).
NMFS has determined that less than implemented through the GOM cod
Authority: 16 U.S.C. 1801 et seq. interim rule allowed vessels fishing
70 percent of the quota for Gulf
migratory group king mackerel in the Dated: February 26, 2015. with exempted gear or fishing in
Florida east coast subzone will be Jennifer M. Wallace, exempted fisheries to continue to fish
harvested by March 1, 2015. Acting Director, Office of Sustainable within the seasonal interim closure
Accordingly, a 75-fish trip limit applies Fisheries, National Marine Fisheries Service. areas; however, the rule mistakenly did
to vessels fishing for king mackerel in or [FR Doc. 2015–04382 Filed 2–26–15; 4:15 pm] not include the Small Mesh Area 1 and
from the EEZ in the Florida east coast BILLING CODE 3510–22–P
2 Exemption Areas.
subzone effective 12:01 a.m., local time, An exempted fishery is implemented
March 1, 2015. The 75-fish trip limit after it is determined that a specific
will remain in effect until the subzone DEPARTMENT OF COMMERCE fishery utilizes a certain gear type, and/
closes or until the end of the current or fishes in specific areas or times that
fishing year (March 31, 2015) for this National Oceanic and Atmospheric result in a groundfish bycatch that is
subzone. Administration less than 5 percent and doesn’t
jeopardize fishing mortality objectives.
Classification 50 CFR Part 648 Vessels fishing in the Small Mesh Areas
The Regional Administrator, [Docket No. 141002822–5169–03] must use raised footrope trawl nets that
Southeast Region, NMFS, has result in minimal groundfish bycatch.
determined this temporary rule is RIN 0648–BE56 Vessels fishing in these areas may not
necessary for the conservation and fish for, possess, or land any groundfish.
Magnuson-Stevens Fishery They are allowed to fish for and possess
management of Gulf migratory group
Conservation and Management Act only whiting, red hake, and a limited
king mackerel and is consistent with the
Provisions; Fisheries of the number of other species.
Magnuson-Stevens Act and other
Northeastern United States; Northeast Additional information on exempted
applicable laws.
This action is taken under 50 CFR Groundfish Fishery; Fishing Year 2014; fisheries can be found online at
622.385(a)(2)(i)(B)(2) and is exempt Interim Gulf of Maine Cod Management www.greateratlantic.fisheries.noaa.gov/
from review under Executive Order Measures; Correction regs/info.html.
12866. AGENCY: National Marine Fisheries Correction
These measures are exempt from the Service (NMFS), National Oceanic and
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procedures of the Regulatory Flexibility Atmospheric Administration (NOAA), We recently recognized that the GOM
Act because the temporary rule is issued Commerce. cod interim rule regulations
without opportunity for prior notice and ACTION: Temporary rule, correcting
inadvertently omitted two small mesh
comment. amendment. exemption areas utilized by groundfish
This action responds to the best vessels. Groundfish vessels are allowed
scientific information available. The SUMMARY: This document makes to fish with small mesh nets using
Assistant Administrator for Fisheries, corrections to the Gulf of Maine cod raised footrope trawls in the Small Mesh
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![11332 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
Area 1 and 2 Exempted Areas, as interruption, as was originally intended Community Development Quota
described at 50 CFR 648.80(a)(9). when the interim management measures program (CDQ), in the Aleutian Islands
Because these areas were omitted from were published. subarea of the Bering Sea and Aleutian
the regulatory text, groundfish vessels Islands management area (BSAI). This
List of Subjects in 50 CFR Part 648
would be unable to fish in the portions action is necessary to prevent exceeding
of the Small Mesh 1 and 2 Exemption Fisheries, Fishing, Recordkeeping and the non-CDQ allocation of the 2015
Areas that overlap with the GOM cod reporting requirements. Pacific cod total allowable catch (TAC)
seasonal interim closure areas. This Dated: February 24, 2015. in the Aleutian Islands subarea of the
correction adds the Small Mesh Area 1 Samuel D. Rauch III, BSAI.
and 2 Exempted Areas to the list of Deputy Assistant Administrator for DATES: Effective 1200 hrs, Alaska local
exempted fishery areas that are exempt Regulatory Programs, National Marine time (A.l.t.), February 27, 2015, through
from the GOM cod seasonal interim Fisheries Service. 2400 hrs, A.l.t., December 31, 2015.
closure areas. As a result, vessels can
Therefore, NOAA amends 50 CFR part FOR FURTHER INFORMATION CONTACT: Josh
now fish with small mesh nets with
raised footrope trawls in the Small Mesh 648 as follows: Keaton, 907–586–7269.
Area 2 Exemption Area in March and SUPPLEMENTARY INFORMATION: NMFS
April, and, if the interim rule were to be PART 648—FISHERIES OF THE manages the groundfish fishery in the
extended another six months, in the NORTHEASTERN UNITED STATES BSAI according to the Fishery
Small Mesh Area 1 Exemption Area July Management Plan for Groundfish of the
15 through November 15. This ■ 1. The authority citation for part 648 Bering Sea and Aleutian Islands
correction is consistent with the original continues to read as follows: Management Area (FMP) prepared by
intent of the GOM cod interim rule. Authority: 16 U.S.C. 1801 et seq. the North Pacific Fishery Management
Council under authority of the
Classification ■ 2. Section 648.81 is amended by:
■ A. Suspending from February 26, Magnuson-Stevens Fishery
The Assistant Administrator (AA) for 2015, unti May 12, 2015, paragraph Conservation and Management Act.
Fisheries, NOAA, finds that pursuant to (o)(2)(iv), and Regulations governing fishing by U.S.
5 U.S.C. 553(b)(B), there is good cause ■ B. Temporarily adding from February
vessels in accordance with the FMP
to waive prior notice and an 26, 2015, until May 12, 2015, paragraph appear at subpart H of 50 CFR part 600
opportunity for public comment on this (o)(2)(vi). and 50 CFR part 679.
action, as notice and comment would be The addition reads as follows: The non-CDQ allocation of the 2015
contrary to the public interest. This Pacific cod TAC in the Aleutian Islands
temporary rule adds the Small Mesh § 648.81 NE multispecies closed area and subarea of the BSAI is 8,414 metric tons
Area 1 and 2 Exempted Areas to the list measures to protect EFH. (mt) as established by the final 2014 and
of exempted fisheries that are exempt * * * * * 2015 harvest specifications for
from the GOM cod seasonal interim (o) * * * groundfish in the BSAI (79 FR 12108,
closure areas. These two areas were (2) * * * March 4, 2014) and inseason adjustment
inadvertently left out of the GOM cod (vi) That are fishing in the Raised (80 FR 188, January 5, 2015). In
interim action and adding these areas Footrope Trawl Exempted Whiting accordance with § 679.20(d)(1)(i), the
does not substantively change the Fishery, ass specified in § 648.80(a)(15), Administrator, Alaska Region, NMFS,
regulations. Providing notice and or the Small Mesh Area 1 and 2 has determined that the non-CDQ
comment on these changes is contrary to Exemption Areas as specified in allocation of the 2015 Pacific cod TAC
the public interest because any § 648.80(a)(9). in the Aleutian Islands subarea of the
additional delay would cause economic [FR Doc. 2015–04319 Filed 2–26–15; 4:15 pm] BSAI will soon be reached. Therefore,
harm to fishery participants by denying BILLING CODE 3510–22–P the Regional Administrator is
them opportunities to fish in the establishing a directed fishing
specified areas, which would have been allowance of 6,414 mt, and is setting
permitted but for the previous DEPARTMENT OF COMMERCE aside the remaining 2,000 mt as
inadvertent omission. Moreover, this incidental catch in directed fishing for
action reduces a regulatory restriction National Oceanic and Atmospheric other species. In accordance with
and provides fishermen with greater Administration § 679.20(d)(1)(iii), the Regional
fishing opportunities while maintaining Administrator finds that this directed
the goals and objectives of the GOM cod 50 CFR Part 679 fishing allowance has been reached.
interim rule and the groundfish fishery [Docket No. 131021878–4158–02] Consequently, NMFS is prohibiting
management plan. directed fishing for Pacific cod in the
The Assistant Administrator also RIN 0648–XD803 Aleutian Islands subarea of the BSAI.
finds good cause under 5 U.S.C. After the effective date of this closure
553(d)(3) to waive the 30-day delay in Fisheries of the Exclusive Economic
the maximum retainable amounts at
effectiveness and makes this rule Zone off Alaska; Pacific Cod in the
§ 679.20(e) and (f) apply at any time
effective immediately upon filing for Aleutian Islands Subarea of the Bering
during a trip.
public inspection. In addition to the Sea and Aleutian Islands Management
reasons stated above, an area within Area Classification
Small Mesh Area 2 will close on March AGENCY: National Marine Fisheries This action responds to the best
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1, 2015. Vessels fishing with raised Service (NMFS), National Oceanic and available information recently obtained
footrope trawls would then be Atmospheric Administration (NOAA), from the fishery. The Assistant
prohibited from fishing in that area Commerce. Administrator for Fisheries, NOAA
unnecessarily. Waiving the 30-day delay ACTION: Temporary rule; closure. (AA), finds good cause to waive the
avoids this unnecessary closure and requirement to provide prior notice and
allows fishery participants to fish in SUMMARY: NMFS is prohibiting directed opportunity for public comment
Small Mesh Area 2 without fishing for Pacific cod, except for the pursuant to the authority set forth at 5
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Document Created: 2015-12-18 11:55:39
Document Modified: 2015-12-18 11:55:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule, correcting amendment. | |
| Dates | Effective February 26, 2015, until May 12, 2015. | |
| Contact | William Whitmore, Fishery Policy Analyst, phone: 978-281-9182. | |
| FR Citation | 80 FR 11331 | |
| RIN Number | 0648-BE56 | |
| CFR Associated | Fisheries; Fishing and Recordkeeping and Reporting Requirements |
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