80 FR 36723 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closures for the Common Pool Fishery and Trip and Possession Limit Adjustment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range		36723-36724
FR Document		2015-15680

This action closes the Gulf of Maine cod Trimester Total Allowable Catch Area to all Northeast multispecies common pool vessels; the American plaice Trimester Total Allowable Catch Area to Northeast multispecies common pool trawl vessels; and the Cape Cod/Gulf of Maine yellowtail flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool trawl and gillnet vessels, for the remainder of Trimester 1, through August 31, 2015. The closures are required by regulation because the common pool fishery has caught over 90 percent of its Trimester 1 quotas for Gulf of Maine cod, American plaice, and Cape Cod/Gulf of Maine yellowtail flounder. These closures are intended to prevent the overharvest of the common pool's allocation for these stocks. Because the common pool catch of American plaice and Cape Cod/ Gulf of Maine yellowtail flounder is not limited to the respective stocks' Trimester Total Allowable Catch Area, this action also reduces possession and trip limits for the American plaice and Cape Cod/Gulf of Maine yellowtail flounder stocks to zero for all common pool vessels through August 31, 2015, in order to prevent the overharvest of the common pool's allocation of both stocks from areas not closed by this action. The possession and trip limit for GOM cod was set to zero in a previous action.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)

[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36723-36724]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-15680]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150105004-5355-01]
RIN 0648-XE006

Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trimester Total Allowable Catch Area Closures for
the Common Pool Fishery and Trip and Possession Limit Adjustment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; area closures and trip and possession limit
adjustments.

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SUMMARY: This action closes the Gulf of Maine cod Trimester Total
Allowable Catch Area to all Northeast multispecies common pool vessels;
the American plaice Trimester Total Allowable Catch Area to Northeast
multispecies common pool trawl vessels; and the Cape Cod/Gulf of Maine
yellowtail flounder Trimester Total Allowable Catch Area to Northeast
multispecies common pool trawl and gillnet vessels, for the remainder
of Trimester 1, through August 31, 2015. The closures are required by
regulation because the common pool fishery has caught over 90 percent
of its Trimester 1 quotas for Gulf of Maine cod, American plaice, and
Cape Cod/Gulf of Maine yellowtail flounder. These closures are intended
to prevent the overharvest of the common pool's allocation for these
stocks. Because the common pool catch of American plaice and Cape Cod/
Gulf of Maine yellowtail flounder is not limited to the respective
stocks' Trimester Total Allowable Catch Area, this action also reduces
possession and trip limits for the American plaice and Cape Cod/Gulf of
Maine yellowtail flounder stocks to zero for all common pool vessels
through August 31, 2015, in order to prevent the overharvest of the
common pool's allocation of both stocks from areas not closed by this
action. The possession and trip limit for GOM cod was set to zero in a
previous action.

DATES: This action is effective June 23, 2015, through August 31, 2015.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management
Specialist, 978-282-8493.

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.
648.82(n)(2)(ii) require the Regional Administrator to close a

[[Page 36724]]

common pool Trimester Total Allowable Catch (TAC) Area for a stock when
90 percent of the Trimester TAC is projected to be caught. In such
cases, the Trimester TAC Area for a stock closes to all common pool
vessels fishing with gear capable of catching that stock for the
remainder of the trimester.
The fishing year 2015 (May 1, 2015, through April 30, 2016) common
pool sub-annual catch limit (sub-ACL) for Gulf of Maine (GOM) cod is
5.6 mt and the Trimester 1 (May 1, 2015, through August 30, 2015) TAC
is 1.5 mt. Based on the most recent data, which include vessel trip
reports, dealer reported landings, and vessel monitoring system
information, we have determined that 114 percent of the Trimester 1 TAC
was caught as of June 16, 2015. Therefore, effective June 23, 2015, the
GOM Cod Trimester TAC Area is closed for the remainder of Trimester 1,
through August 31, 2015, to all common pool vessels fishing with trawl
gear, sink gillnet gear, and longline/hook gear. The GOM cod Trimester
TAC Area consists of statistical areas 513 and 514. The area will
reopen at the beginning of Trimester 2 on September 1, 2015.
The fishing year 2015 common pool sub-ACL for American plaice is
26.9 mt and the Trimester 1 TAC is 6.5 mt. Based on the most recent
data, which include vessel trip reports, dealer reported landings, and
vessel monitoring system information, we have determined that 106
percent of the Trimester 1 TAC was caught as of June 16, 2015.
Therefore, effective June 23, 2015, the American plaice Trimester TAC
Area is closed for the remainder of Trimester 1, through August 31,
2015, to all common pool vessels fishing with trawl gear. The American
plaice Trimester TAC Area consists of statistical areas 512, 513, 514,
515, 521, 522, and 525. The area will reopen at the beginning of
Trimester 2 on September 1, 2015.
The fishing year 2015 common pool sub-ACL for Cape Cod (CC)/GOM
yellowtail flounder is 21 mt and the Trimester 1 TAC is 7.3 mt. Based
on the most recent data, which include vessel trip reports, dealer
reported landings, and vessel monitoring system information, we have
determined that 105 percent of the Trimester 1 TAC was caught as of
June 16, 2015. Therefore, effective June 23, 2015, the CC/GOM
yellowtail flounder Trimester TAC Area is closed for the remainder of
Trimester 1, through August 31, 2015, to all common pool vessels
fishing with trawl and gillnet gear. The CC/GOM yellowtail flounder
Trimester TAC Area consists of statistical areas 514 and 521. The area
will reopen at the beginning of Trimester 2 on September 1, 2015.
The regulations at Sec. 648.86(o) authorize the Regional
Administrator to adjust the possession and trip limits for common pool
vessels to prevent the overharvest or underharvest of the common pool
quotas. Because the American plaice and CC/GOM yellowtail flounder
closures described above only applies to select areas and gear types,
and because both stocks' Trimester TACs have been almost or already
met, additional action is necessary to prevent further overage of the
Trimester TACs that could occur in areas outside of the stock area
closures. Therefore, the possession and trip limits for American plaice
and CC/GOM yellowtail flounder are reduced to zero for all common pool
vessels in all areas, effective June 23, 2015, through August 31, 2015.
The possession and trip limits will return to previous levels at the
beginning of Trimester 2, on September 1, 2015, unless otherwise
determined.
If a vessel declared its trip through the vessel monitoring system
(VMS) or interactive voice response system, and crossed the VMS
demarcation line prior to June 23, 2015, it may complete its trip if it
is within the Trimester TAC Areas, and it will not be subject to the
new possession and trip limits. A gillnet vessel that has set gear
prior to June 23, 2015, may complete its trip by hauling such gear.
Any overages of a trimester TAC will be deducted from Trimester 3,
and any overages of the common pool's sub-ACL at the end of the fishing
year will be deducted from the common pool's sub-ACL the following
fishing year. Any uncaught portion of the Trimester 1 and Trimester 2
TAC will be carried over into the next trimester. Any uncaught portion
of the common pool's sub-ACL may not be carried over into the following
fishing year.
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, 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, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be impracticable and contrary to
the public interest.
The Trimester TAC Area closures are required by regulation in order
to reduce the probability of the common pool fishery exceeding its sub-
ACLs of GOM cod, American plaice, and CC/GOM yellowtail flounder. Any
overages of the common pool's sub-ACLs would undermine conservation
objectives and trigger the implementation of accountability measures
that would have negative economic impacts on common pool vessels. The
data and information showing that GOM cod, American plaice, and CC/GOM
yellowtail flounder had exceeded 90 percent of the Trimester 1 TACs for
these stocks only became available on June 16, 2015. The time necessary
to provide for prior notice and comment, and a 30-day delay in
effectiveness, would prevent NMFS from implementing the necessary
Trimester TAC Area closures for GOM cod, American plaice, and CC/GOM
yellowtail flounder in a timely manner, which could undermine
management objectives of the Northeast Multispecies Fishery Management
Plan (FMP), and cause negative economic impacts to the common pool
fishery.
Additionally, an overage in the American plaice and CC/GOM
yellowtail flounder Trimester 1 TAC increases the probability of the
common pool exceeding its sub-ACL of these stocks. The time necessary
to provide for prior notice and comment, and a 30-day delay in
effectiveness, would prevent NMFS from setting the possession and trip
limit to zero for American plaice in a timely manner, which could also
undermine management objectives of the Northeast Multispecies FMP, and
cause negative economic impacts to the common pool fishery.
The possession and trip limit for GOM cod was set to zero in a
previous action.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 22, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-15680 Filed 6-23-15; 11:15 am]
BILLING CODE 3510-22-P

36724 Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations

common pool Trimester Total The area will reopen at the beginning of U.S.C. 553(d)(3) to waive prior notice
Allowable Catch (TAC) Area for a stock Trimester 2 on September 1, 2015. and the opportunity for public comment
when 90 percent of the Trimester TAC The regulations at § 648.86(o) and the 30-day delayed effectiveness
is projected to be caught. In such cases, authorize the Regional Administrator to period because it would be
the Trimester TAC Area for a stock adjust the possession and trip limits for impracticable and contrary to the public
closes to all common pool vessels common pool vessels to prevent the interest.
fishing with gear capable of catching overharvest or underharvest of the
that stock for the remainder of the common pool quotas. Because the The Trimester TAC Area closures are
trimester. American plaice and CC/GOM required by regulation in order to
The fishing year 2015 (May 1, 2015, yellowtail flounder closures described reduce the probability of the common
through April 30, 2016) common pool above only applies to select areas and pool fishery exceeding its sub-ACLs of
sub-annual catch limit (sub-ACL) for gear types, and because both stocks’ GOM cod, American plaice, and CC/
Gulf of Maine (GOM) cod is 5.6 mt and Trimester TACs have been almost or GOM yellowtail flounder. Any overages
the Trimester 1 (May 1, 2015, through already met, additional action is of the common pool’s sub-ACLs would
August 30, 2015) TAC is 1.5 mt. Based necessary to prevent further overage of undermine conservation objectives and
on the most recent data, which include the Trimester TACs that could occur in trigger the implementation of
vessel trip reports, dealer reported areas outside of the stock area closures. accountability measures that would
landings, and vessel monitoring system Therefore, the possession and trip limits have negative economic impacts on
information, we have determined that for American plaice and CC/GOM common pool vessels. The data and
114 percent of the Trimester 1 TAC was yellowtail flounder are reduced to zero information showing that GOM cod,
caught as of June 16, 2015. Therefore, for all common pool vessels in all areas, American plaice, and CC/GOM
effective June 23, 2015, the GOM Cod effective June 23, 2015, through August yellowtail flounder had exceeded 90
Trimester TAC Area is closed for the 31, 2015. The possession and trip limits percent of the Trimester 1 TACs for
remainder of Trimester 1, through will return to previous levels at the these stocks only became available on
August 31, 2015, to all common pool beginning of Trimester 2, on September
June 16, 2015. The time necessary to
vessels fishing with trawl gear, sink 1, 2015, unless otherwise determined.
gillnet gear, and longline/hook gear. The If a vessel declared its trip through the provide for prior notice and comment,
GOM cod Trimester TAC Area consists vessel monitoring system (VMS) or and a 30-day delay in effectiveness,
of statistical areas 513 and 514. The area interactive voice response system, and would prevent NMFS from
will reopen at the beginning of crossed the VMS demarcation line prior implementing the necessary Trimester
Trimester 2 on September 1, 2015. to June 23, 2015, it may complete its trip TAC Area closures for GOM cod,
The fishing year 2015 common pool if it is within the Trimester TAC Areas, American plaice, and CC/GOM
sub-ACL for American plaice is 26.9 mt and it will not be subject to the new yellowtail flounder in a timely manner,
and the Trimester 1 TAC is 6.5 mt. possession and trip limits. A gillnet which could undermine management
Based on the most recent data, which vessel that has set gear prior to June 23, objectives of the Northeast Multispecies
include vessel trip reports, dealer 2015, may complete its trip by hauling Fishery Management Plan (FMP), and
reported landings, and vessel such gear. cause negative economic impacts to the
monitoring system information, we have Any overages of a trimester TAC will common pool fishery.
determined that 106 percent of the be deducted from Trimester 3, and any Additionally, an overage in the
Trimester 1 TAC was caught as of June overages of the common pool’s sub-ACL
16, 2015. Therefore, effective June 23, American plaice and CC/GOM
at the end of the fishing year will be
2015, the American plaice Trimester yellowtail flounder Trimester 1 TAC
deducted from the common pool’s sub-
TAC Area is closed for the remainder of increases the probability of the common
ACL the following fishing year. Any
Trimester 1, through August 31, 2015, to uncaught portion of the Trimester 1 and pool exceeding its sub-ACL of these
all common pool vessels fishing with Trimester 2 TAC will be carried over stocks. The time necessary to provide
trawl gear. The American plaice into the next trimester. Any uncaught for prior notice and comment, and a 30-
Trimester TAC Area consists of portion of the common pool’s sub-ACL day delay in effectiveness, would
statistical areas 512, 513, 514, 515, 521, may not be carried over into the prevent NMFS from setting the
522, and 525. The area will reopen at following fishing year. possession and trip limit to zero for
the beginning of Trimester 2 on Weekly quota monitoring reports for American plaice in a timely manner,
September 1, 2015. the common pool fishery can be found which could also undermine
The fishing year 2015 common pool on our Web site at: http:// management objectives of the Northeast
sub-ACL for Cape Cod (CC)/GOM www.greateratlantic.fisheries.noaa.gov/ Multispecies FMP, and cause negative
yellowtail flounder is 21 mt and the ro/fso/MultiMonReports.htm. We will economic impacts to the common pool
Trimester 1 TAC is 7.3 mt. Based on the continue to monitor common pool catch fishery.
most recent data, which include vessel through vessel trip reports, dealer-
trip reports, dealer reported landings, The possession and trip limit for
reported landings, vessel monitoring
and vessel monitoring system GOM cod was set to zero in a previous
system catch reports, and other
information, we have determined that action.
available information and, if necessary,
105 percent of the Trimester 1 TAC was we will make additional adjustments to Authority: 16 U.S.C. 1801 et seq.
caught as of June 16, 2015. Therefore, common pool management measures. Dated: June 22, 2015.
effective June 23, 2015, the CC/GOM
wreier-aviles on DSK5TPTVN1PROD with RULES

yellowtail flounder Trimester TAC Area Classification Jennifer M. Wallace,
is closed for the remainder of Trimester This action is required by 50 CFR part Acting Director, Office of Sustainable
1, through August 31, 2015, to all 648 and is exempt from review under Fisheries, National Marine Fisheries Service.
common pool vessels fishing with trawl Executive Order 12866. [FR Doc. 2015–15680 Filed 6–23–15; 11:15 am]
and gillnet gear. The CC/GOM The Assistant Administrator for BILLING CODE 3510–22–P
yellowtail flounder Trimester TAC Area Fisheries, NOAA, finds good cause
consists of statistical areas 514 and 521. pursuant to 5 U.S.C. 553(b)(B) and 5

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Document Created: 2015-12-15 14:15:26
Document Modified: 2015-12-15 14:15:26

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; area closures and trip and possession limit adjustments.
Dates		This action is effective June 23, 2015, through August 31, 2015.
Contact		Liz Sullivan, Fishery Management Specialist, 978-282-8493.
FR Citation		80 FR 36723
RIN Number		0648-XE00

80 FR 36723 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closures for the Common Pool Fishery and Trip and Possession Limit Adjustment

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 123 (June 26, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration