80 FR 34841 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession Limit Adjustments for the Common Pool Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 117 (June 18, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 34841-34842 | |
| FR Document | 2015-14942 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Rules and Regulations] [Pages 34841-34842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14942] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150105004-5355-01] RIN 0648-XD984 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession Limit Adjustments for the Common Pool Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. ----------------------------------------------------------------------- SUMMARY: This action decreases the possession and landing limit for Gulf of Maine cod to zero for Northeast multispecies common pool vessels for the remainder of the 2015 fishing year. NMFS is taking this action because the common pool has caught 44.5 percent of its Trimester 1 Total Allowable Catch Gulf of Maine cod quota in the first month of the trimester. This action is intended to prevent the overharvest of the common pool's fishing year 2015 allocation of Gulf of Maine cod and prevent the closure of the Gulf of Maine to all common pool vessels before the end of the Trimester. DATES: Effective June 15, 2015, through April 30, 2016. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, 978-282-8493. [[Page 34842]] SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE) multispecies fishery are found at 50 CFR part 648, subpart F. The regulations at 50 CFR 648.86(o) authorize the Regional Administrator (RA) to adjust the possession limits for common pool vessels in order to prevent the overharvest or underharvest of the common pool quotas. Based on data reported through May 25, 2015, 44.5 percent of the common pool trimester Total Allowable Catch (TAC) of 1.5 mt, and 12 percent of the sub-Annual Catch Limit (sub-ACL) of 5.6 mt for Gulf of Maine (GOM) cod has been caught. Recent analysis shows that the common pool would likely exceed its Trimester TAC for the GOM cod stock before the end of June if action is not taken, which would result in the closure of the GOM cod Trimester TAC Area. We are reducing the possession limit and trip limit for GOM cod to zero. The possession limit and trip limit adjustments are effective June 15, 2015, through April 30, 2016. If a vessel has declared its trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to the effective date, it will not be subject to the new trip limits for that trip. Under a zero possession limit, the bycatch and discard of GOM cod will continue to be accounted for. On observed common pool trips, observers record actual discards; unobserved trips receive the assumed discard rate based on observed trips. The assumed discard rate is applied based on the pounds of all landed species, which means that even at a zero possession limit for GOM cod, the cumulative catch of GOM cod (which includes both landed and discards) will continue to increase. If vessels respond to this action by vigorously redirecting onto other NE multispecies, the landing of those species and the associated assumed discards of GOM cod could push the cumulative catch of GOM cod closer to 90 percent of the Trimester TAC, potentially triggering the closure of the GOM cod Trimester TAC Area. Alternatively, this action could cause a reduction of common pool fishing effort in the GOM, leading to less bycatch and discard of GOM cod, if the zero possession limit makes it uneconomical for some trips to occur. Weekly quota monitoring reports for the common pool fishery can be found on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealer-reported landings, vessel monitoring system catch reports, VMS catch reports, and other available information, and if necessary, we will make additional adjustments to common pool management measures. Classification This action is required by 50 CFR part 648, and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. Pursuant to 5 U.S.C. 553(d)(3), the AA also finds good cause to waive the 30-day delayed effectiveness period. The regulations at Sec. 648.86(o) authorize the RA to adjust the NE multispecies trip limits for common pool vessels in order to prevent the overharvest or underharvest of the common pool quotas. The catch data and analysis used as the basis for this action only became available on June 1, 2015. The available analysis indicates that if the GOM cod trip limits are not reduced immediately, the common pool fishery will likely exceed its Trimester TAC for this stock. As a result, this action reduces the likelihood that the RA will be required to close a significant portion of the GOM to the common pool fishery. Any overages of the common pool quota for this stock would undermine conservation objectives and trigger the implementation of accountability measures that would have negative economic impacts on the common pool vessels. As a result, the time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from implementing the necessary trip limit adjustments in a timely manner, which could undermine conservation objectives of the NE Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: June 12, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-14942 Filed 6-15-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34841
National Environmental Policy and Consultation and Coordination with ■ 2. Revise § 385.4(b)(1) to read as
Clean Air Act Indian Tribal Governments, because it follows:
FMCSA analyzed this final rule for would not have a substantial direct
§ 385.4 Matter incorporated by reference.
the purpose of ascertaining the effect on one or more Indian tribes, on
the relationship between the Federal * * * * *
applicability of the National (b) * * *
Environmental Policy Act of 1969 (42 Government and Indian tribes, or on the
distribution of power and (1) ‘‘North American Standard Out-of-
U.S.C. 4321 et seq.) and our Service Criteria and Level VI Inspection
Environmental Procedures Order responsibilities between the Federal
Government and Indian tribes. Procedures and Out-of-Service Criteria
5610.1, issued March 1, 2004 (69 FR for Commercial Highway Vehicles
9680). This final rule is categorically National Technology Transfer and Transporting Transuranics and Highway
excluded from further analysis and Advancement Act (Technical Route Controlled Quantities of
documentation under the Categorical Standards) and 1 CFR Part 51 Radioactive Materials as defined in 49
Exclusion (CE) in paragraph 6(b) of CFR part 173.403,’’ April 1, 2015;
Appendix 2 of FMCSA Order 5610.1. The National Technology Transfer
and Advancement Act (NTTAA) (15 incorporation by reference approved for
This CE addresses minor revisions such § 385.415(b).
as found in this rulemaking; therefore U.S.C. 272 note) requires Federal
agencies proposing to adopt technical * * * * *
preparation of an environmental
assessment or environmental impact standards to consider whether voluntary Issued under the authority of delegation in
statement is not necessary. consensus standards are available. If the 49 CFR 1.87 on: June 5, 2015.
The FMCSA also analyzed this rule Agency chooses to adopt its own T. F. Scott Darling, III,
under the Clean Air Act, as amended standards in place of existing voluntary Chief Counsel.
(CAA), section 176(c) (42 U.S.C. 7401 et consensus standards, it must explain its [FR Doc. 2015–14961 Filed 6–17–15; 8:45 am]
seq.), and implementing regulations decision in a separate statement to BILLING CODE 4910–EX–P
promulgated by the Environmental OMB. Because FMCSA does not intend
Protection Agency. Approval of this to adopt its own technical standards,
action is exempt from the CAA’s general there is no need to submit a separate DEPARTMENT OF COMMERCE
conformity requirement since it will statement to OMB on this matter. The
have no effect on air emissions. standard incorporated by reference is National Oceanic and Atmospheric
discussed in detail in section III. Administration
Environmental Justice (E.O. 12898) Background and is reasonably available
FMCSA evaluated the environmental through the CSVA Web site. 50 CFR Part 648
effects of this final rule in accordance
with E.O. 12898 and determined that E-Government Act of 2002 [Docket No. 150105004–5355–01]
there are no environmental justice The E-Government Act of 2002, RIN 0648–XD984
issues associated with its provisions nor Public Law 107–347, section 208, 116
any collective environmental impacts Stat. 2899, 2921 (Dec. 17, 2002), Fisheries of the Northeastern United
resulting from its promulgation. requires Federal agencies to conduct a States; Northeast Multispecies
Environmental justice issues would be privacy impact assessment for new or Fishery; Possession Limit
raised if there were a ‘‘disproportionate’’ substantially changed technology that Adjustments for the Common Pool
and ‘‘high and adverse impact’’ on collects, maintains, or disseminates Fishery
minority or low-income populations. information in an identifiable form. No
AGENCY: National Marine Fisheries
FMCSA analyzed this action under new or substantially changed
Service (NMFS), National Oceanic and
NEPA and found the action to be technology would collect, maintain, or
Atmospheric Administration (NOAA),
categorically excluded from analysis disseminate information as a result of
due to the lack of impact to the Commerce.
this rule. Accordingly, FMCSA has not
environment. This final rule simply ACTION: Temporary rule; inseason
conducted a privacy impact assessment.
updates an incorporation by reference adjustment.
and would not result in high and List of Subjects in 49 CFR Part 385
SUMMARY: This action decreases the
adverse environmental impacts. Administrative practice and possession and landing limit for Gulf of
procedure, Highway safety, Maine cod to zero for Northeast
Energy Supply, Distribution, or Use
(E.O. 13211) Incorporation by reference, Mexico, multispecies common pool vessels for
Motor carriers, Motor vehicle safety, the remainder of the 2015 fishing year.
FMCSA has analyzed this rule under Reporting and recordkeeping
E.O. 13211, Actions Concerning NMFS is taking this action because the
requirements. common pool has caught 44.5 percent of
Regulations That Significantly Affect In consideration of the foregoing,
Energy Supply, Distribution, or Use. its Trimester 1 Total Allowable Catch
FMCSA is amending 49 CFR chapter III, Gulf of Maine cod quota in the first
FMCSA has determined that it is not a part 385 as set forth below:
‘‘significant energy action’’ under that month of the trimester. This action is
E.O. because it is not a ‘‘significant intended to prevent the overharvest of
PART 385—SAFETY FITNESS the common pool’s fishing year 2015
regulatory action’’ under E.O. 12866 and PROCEDURES
is not likely to have a significant allocation of Gulf of Maine cod and
adverse effect on the supply, ■ 1. The authority citation for part 385 prevent the closure of the Gulf of Maine
distribution, or use of energy. Therefore, continues to read as follows: to all common pool vessels before the
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the rule does not require a Statement of end of the Trimester.
Authority: 49 U.S.C. 113, 504, 521(b), DATES: Effective June 15, 2015, through
Energy Effects under E.O. 13211. 5105(e), 5109, 13901–13905, 31133, 31135,
31136, 31137(a), 31144, 31148, and 31502;
April 30, 2016.
Indian Tribal Governments (E.O. 13175) FOR FURTHER INFORMATION CONTACT: Liz
Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub.
This rule does not have tribal L. 104–88; Sec. 350 of Pub. L. 107–87; and Sullivan, Fishery Management
implications under E.O. 13175, 49 CFR 1.87. Specialist, 978–282–8493.
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![34842 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations
SUPPLEMENTARY INFORMATION: (which includes both landed and The regulations at § 648.86(o)
Regulations governing the Northeast discards) will continue to increase. If authorize the RA to adjust the NE
(NE) multispecies fishery are found at vessels respond to this action by multispecies trip limits for common
50 CFR part 648, subpart F. The vigorously redirecting onto other NE pool vessels in order to prevent the
regulations at 50 CFR 648.86(o) multispecies, the landing of those overharvest or underharvest of the
authorize the Regional Administrator species and the associated assumed common pool quotas. The catch data
(RA) to adjust the possession limits for discards of GOM cod could push the and analysis used as the basis for this
common pool vessels in order to cumulative catch of GOM cod closer to action only became available on June 1,
prevent the overharvest or underharvest 90 percent of the Trimester TAC, 2015. The available analysis indicates
of the common pool quotas. potentially triggering the closure of the
that if the GOM cod trip limits are not
Based on data reported through May GOM cod Trimester TAC Area.
25, 2015, 44.5 percent of the common reduced immediately, the common pool
Alternatively, this action could cause a
pool trimester Total Allowable Catch reduction of common pool fishing effort fishery will likely exceed its Trimester
(TAC) of 1.5 mt, and 12 percent of the in the GOM, leading to less bycatch and TAC for this stock. As a result, this
sub-Annual Catch Limit (sub-ACL) of discard of GOM cod, if the zero action reduces the likelihood that the
5.6 mt for Gulf of Maine (GOM) cod has possession limit makes it uneconomical RA will be required to close a
been caught. Recent analysis shows that for some trips to occur. significant portion of the GOM to the
the common pool would likely exceed Weekly quota monitoring reports for common pool fishery. Any overages of
its Trimester TAC for the GOM cod the common pool fishery can be found the common pool quota for this stock
stock before the end of June if action is on our Web site at: http:// would undermine conservation
not taken, which would result in the www.greateratlantic.fisheries.noaa.gov/ objectives and trigger the
closure of the GOM cod Trimester TAC ro/fso/MultiMonReports.htm. We will implementation of accountability
Area. We are reducing the possession continue to monitor common pool catch measures that would have negative
limit and trip limit for GOM cod to zero. through vessel trip reports, dealer- economic impacts on the common pool
The possession limit and trip limit reported landings, vessel monitoring vessels. As a result, the time necessary
adjustments are effective June 15, 2015, system catch reports, VMS catch to provide for prior notice and
through April 30, 2016. If a vessel has reports, and other available information, comment, and a 30-day delay in
declared its trip through the vessel and if necessary, we will make effectiveness, would prevent NMFS
monitoring system (VMS) or interactive additional adjustments to common pool from implementing the necessary trip
voice response system, and crossed the management measures. limit adjustments in a timely manner,
VMS demarcation line prior to the which could undermine conservation
effective date, it will not be subject to Classification
objectives of the NE Multispecies
the new trip limits for that trip. This action is required by 50 CFR part
Under a zero possession limit, the Fishery Management Plan, and cause
648, and is exempt from review under
bycatch and discard of GOM cod will Executive Order 12866. negative economic impacts to the
continue to be accounted for. On The Assistant Administrator for common pool fishery.
observed common pool trips, observers Fisheries, NOAA (AA), finds good cause Authority: 16 U.S.C. 1801 et seq.
record actual discards; unobserved trips pursuant to 5 U.S.C. 553(b)(B) to waive Dated: June 12, 2015.
receive the assumed discard rate based prior notice and the opportunity for
on observed trips. The assumed discard public comment because it would be Emily H. Menashes,
rate is applied based on the pounds of impracticable and contrary to the public Acting Director, Office of Sustainable
all landed species, which means that interest. Pursuant to 5 U.S.C. 553(d)(3), Fisheries, National Marine Fisheries Service.
even at a zero possession limit for GOM the AA also finds good cause to waive [FR Doc. 2015–14942 Filed 6–15–15; 8:45 am]
cod, the cumulative catch of GOM cod the 30-day delayed effectiveness period. BILLING CODE 3510–22–P
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Document Created: 2018-02-22 11:11:49
Document Modified: 2018-02-22 11:11:49
| 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; inseason adjustment. | |
| Dates | Effective June 15, 2015, through April 30, 2016. | |
| Contact | Liz Sullivan, Fishery Management Specialist, 978-282-8493. | |
| FR Citation | 80 FR 34841 | |
| RIN Number | 0648-XD98 |
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