80 FR 45100 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 145 (July 29, 2015)

This action closes the Southern New England/Mid-Atlantic 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 closure is required by regulation because the common pool fishery has caught over 90 percent of its Trimester 1 quota for Southern New England/Mid-Atlantic yellowtail flounder. This closure is intended to prevent the overharvest of the common pool's allocation for this stock.

[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Page 45100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18586]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150105004-5355-01]
RIN 0648-XE073


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester Total Allowable Catch Area Closure for 
the Common Pool Fishery

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

ACTION: Temporary rule; area closure.

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SUMMARY: This action closes the Southern New England/Mid-Atlantic 
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 closure is required by 
regulation because the common pool fishery has caught over 90 percent 
of its Trimester 1 quota for Southern New England/Mid-Atlantic 
yellowtail flounder. This closure is intended to prevent the 
overharvest of the common pool's allocation for this stock.

DATES: This action is effective July 29, 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 common 
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 
percent of the Trimester TAC is projected to be caught. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock for the remainder of the trimester.
    We have determined that 95 percent of the Trimester 1 TAC was 
caught as of July 21, 2015. The fishing year 2015 common pool sub-
annual catch limit (sub-ACL) for Southern New England/Mid-Atlantic 
(SNE/MA) yellowtail flounder is 114.5 mt and the Trimester 1 TAC is 24 
mt.
    Effective July 29, 2015, the SNE/MA 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 SNE/MA yellowtail flounder Trimester TAC Area consists of 
statistical areas 537, 538, 539, and 613. The area reopens at the 
beginning of Trimester 2 on September 1, 2015.
    If a vessel declared its trip through the VMS or the interactive 
voice response system, and crossed the VMS demarcation line prior to 
July 29, 2015, it may complete its trip within the Trimester TAC Area.
    Any overage of a Trimester TAC is deducted from the Trimester 3 
TAC, and any overage of the common pool's sub-ACL at the end of the 
fishing year is deducted from the common pool's sub-ACL for fishing 
year 2016. Any uncaught portion of the Trimester 1 and Trimester 2 TACs 
is carried over into the next trimester. However, 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 are 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, 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, 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 regulations require the Regional Administrator to close a 
trimester TAC area to the common pool fishery when 90 percent of the 
Trimester TAC for a stock has been caught. Updated catch information 
only recently became available indicating that the common pool fishery 
has caught over 90 percent of its Trimester 1 TAC for SNE/MA yellowtail 
flounder as of July 21, 2015. The time necessary to provide for prior 
notice and comment, and a 30-day delay in effectiveness, prevents the 
immediate closure of the SNE/MA yellowtail flounder Trimester 1 TAC 
Area. This increases the likelihood that the common pool fishery 
exceeds its quota of SNE/MA yellowtail flounder to the detriment of 
this stock, which could undermine management objectives of the 
Northeast Multispecies Fishery Management Plan (FMP). Additionally, an 
overage of the common pool quota could cause negative economic impacts 
to the common pool fishery as a result of overage paybacks in a future 
trimester or fishing year.

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

    Dated: July 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-18586 Filed 7-28-15; 8:45 am]
 BILLING CODE 3510-22-P