80_FR_45245 80 FR 45100 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

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)

Page Range45100-45100
FR Document2015-18586

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 Issue 145 (Wednesday, July 29, 2015) 
[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

45100 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations well as delay potential beneficial effects The closure is required by regulation Weekly quota monitoring reports for on the ability for vessel operators to because the common pool fishery has the common pool fishery are on our make business plans for their future. caught over 90 percent of its Trimester Web site at: http:// Due to the migratory nature of the target 1 quota for Southern New England/Mid- www.greateratlantic.fisheries.noaa.gov/ species, delaying inseason action may Atlantic yellowtail flounder. This ro/fso/MultiMonReports.htm. We will preclude fishing opportunities for some closure is intended to prevent the continue to monitor common pool catch vessel operators. NMFS is trying to overharvest of the common pool’s through vessel trip reports, dealer- balance providing opportunity to the allocation for this stock. reported landings, VMS catch reports, pelagic longline fishery, with the DATES: This action is effective July 29, and other available information and, if reduction of BFT bycatch, and delaying 2015, through August 31, 2015. necessary, we will make additional this action would be contrary to the FOR FURTHER INFORMATION CONTACT: Liz adjustments to common pool public interest. Therefore, the AA finds Sullivan, Fishery Management management measures. good cause under 5 U.S.C. 553(b)(B) to Specialist, (978) 282–8493. Classification waive prior notice and the opportunity SUPPLEMENTARY INFORMATION: Federal for public comment. For all of the above regulations at § 648.82(n)(2)(ii) require This action is required by 50 CFR part reasons, there is good cause under 5 the Regional Administrator to close a 648 and is exempt from review under U.S.C. 553(d) to waive the 30-day delay common pool Trimester Total Executive Order 12866. in effectiveness. Allowable Catch (TAC) Area for a stock The Assistant Administrator for This action is being taken under when 90 percent of the Trimester TAC Fisheries, NOAA, finds good cause §§ 635.15(b)(5)(ii), 635.15(f), is projected to be caught. The closure pursuant to 5 U.S.C. 553(b)(B) and 5 635.27(a)(8) and (9), and is exempt from applies to all common pool vessels U.S.C. 553(d)(3) to waive prior notice review under Executive Order 12866. fishing with gear capable of catching and the opportunity for public comment Authority: 16 U.S.C. 971 et seq. and 1801 that stock for the remainder of the and the 30-day delayed effectiveness et seq. trimester. period because it would be We have determined that 95 percent impracticable and contrary to the public Dated: July 24, 2015. of the Trimester 1 TAC was caught as of interest. Emily H. Menashes The regulations require the Regional July 21, 2015. The fishing year 2015 Acting Director, Office of Sustainable Administrator to close a trimester TAC common pool sub-annual catch limit Fisheries, National Marine Fisheries Service. area to the common pool fishery when (sub-ACL) for Southern New England/ [FR Doc. 2015–18584 Filed 7–28–15; 8:45 am] 90 percent of the Trimester TAC for a Mid-Atlantic (SNE/MA) yellowtail BILLING CODE 3510–22–P flounder is 114.5 mt and the Trimester stock has been caught. Updated catch 1 TAC is 24 mt. information only recently became Effective July 29, 2015, the SNE/MA available indicating that the common DEPARTMENT OF COMMERCE yellowtail flounder Trimester TAC Area pool fishery has caught over 90 percent is closed for the remainder of Trimester of its Trimester 1 TAC for SNE/MA National Oceanic and Atmospheric 1, through August 31, 2015, to all yellowtail flounder as of July 21, 2015. Administration common pool vessels fishing with trawl The time necessary to provide for prior and gillnet gear. The SNE/MA notice and comment, and a 30-day delay 50 CFR Part 648 yellowtail flounder Trimester TAC Area in effectiveness, prevents the immediate [Docket No. 150105004–5355–01] consists of statistical areas 537, 538, closure of the SNE/MA yellowtail 539, and 613. The area reopens at the flounder Trimester 1 TAC Area. This RIN 0648–XE073 beginning of Trimester 2 on September increases the likelihood that the Fisheries of the Northeastern United 1, 2015. common pool fishery exceeds its quota States; Northeast Multispecies If a vessel declared its trip through the of SNE/MA yellowtail flounder to the Fishery; Trimester Total Allowable VMS or the interactive voice response detriment of this stock, which could Catch Area Closure for the Common system, and crossed the VMS undermine management objectives of Pool Fishery demarcation line prior to July 29, 2015, the Northeast Multispecies Fishery it may complete its trip within the Management Plan (FMP). Additionally, AGENCY: National Marine Fisheries Trimester TAC Area. an overage of the common pool quota Service (NMFS), National Oceanic and Any overage of a Trimester TAC is could cause negative economic impacts Atmospheric Administration (NOAA), deducted from the Trimester 3 TAC, and to the common pool fishery as a result Commerce. any overage of the common pool’s sub- of overage paybacks in a future trimester ACTION: Temporary rule; area closure. ACL at the end of the fishing year is or fishing year. deducted from the common pool’s sub- Authority: 16 U.S.C. 1801 et seq. SUMMARY: This action closes the ACL for fishing year 2016. Any Southern New England/Mid-Atlantic uncaught portion of the Trimester 1 and Dated: July 24, 2015. yellowtail flounder Trimester Total Trimester 2 TACs is carried over into Emily H. Menashes, Allowable Catch Area to Northeast the next trimester. However, any Acting Director, Office of Sustainable multispecies common pool trawl and uncaught portion of the common pool’s Fisheries, National Marine Fisheries Service. gillnet vessels for the remainder of sub-ACL may not be carried over into [FR Doc. 2015–18586 Filed 7–28–15; 8:45 am] Trimester 1, through August 31, 2015. the following fishing year. BILLING CODE 3510–22–P mstockstill on DSK4VPTVN1PROD with RULES VerDate Sep<11>2014 16:16 Jul 28, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\29JYR1.SGM 29JYR1


Document Created: 2015-12-15 13:05:42
Document Modified: 2015-12-15 13:05:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; area closure.
DatesThis action is effective July 29, 2015, through August 31, 2015.
ContactLiz Sullivan, Fishery Management Specialist, (978) 282-8493.
FR Citation80 FR 45100 
RIN Number0648-XE07
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR