81_FR_39989 81 FR 39871 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

81 FR 39871 - 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 81, Issue 118 (June 20, 2016)

Page Range39871-39872
FR Document2016-14464

This action closes the Cape Cod/Gulf of Maine yellowtail flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with gillnet and trawl gear for the remainder of Trimester 1, through August 31, 2016. The closure is required by regulation because the common pool fishery has caught 90 percent of its Trimester 1 quota for Cape Cod/Gulf of Maine yellowtail flounder. This closure is intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016) 
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Rules and Regulations]
[Pages 39871-39872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XE683


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 Cape Cod/Gulf of Maine yellowtail 
flounder Trimester Total Allowable Catch Area to Northeast multispecies 
common pool vessels fishing with gillnet and trawl gear for the 
remainder of Trimester 1, through August 31, 2016. The closure is 
required by regulation because the common pool fishery has caught 90 
percent of its Trimester 1 quota for Cape Cod/Gulf of Maine yellowtail 
flounder. This closure is intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective June 15, 2016, through August 31, 2016.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
(978) 281-9195.

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.
    As of June 7, 2016, the common pool fishery caught approximately 75 
percent of the Trimester 1 TAC (5.5 mt) for Cape Cod/Gulf of Maine (CC/
GOM) yellowtail

[[Page 39872]]

flounder. We project that 90 percent of the Trimester 1 TAC will be 
caught by June 11, 2016. The fishing year 2016 common pool sub-annual 
catch limit (sub-ACL) for CC/GOM yellowtail flounder is 14.5 mt.
    Effective June 15, 2016, the CC/GOM yellowtail flounder Trimester 
TAC Area is closed for the remainder of Trimester 1, through August 31, 
2016, to all common pool vessels on a Northeast multispecies day-at-sea 
fishing with gillnet and trawl gear. The CC/GOM yellowtail flounder 
Trimester TAC Area consists of statistical areas 514 and 521. The area 
reopens at the beginning of Trimester 2 on September 1, 2016.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to June 15, 2016, it may complete its trip 
within the Trimester TAC Area.
    Any overage of the Trimester 1 or 2 TACs must be deducted from the 
Trimester 3 TAC. If the common pool fishery exceeds its sub-ACL for the 
2016 fishing year, the overage must be deducted from the common pool's 
sub-ACL for fishing year 2017. 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 90 percent of its Trimester 1 TAC for CC/GOM yellowtail 
flounder as of June 11, 2016. The time necessary to provide for prior 
notice and comment, and a 30-day delay in effectiveness, prevents the 
immediate closure of the CC/GOM yellowtail flounder Trimester 1 TAC 
Area. This increases the likelihood that the common pool fishery 
exceeds its quota of CC/GOM yellowtail flounder to the detriment of 
this stock, which could undermine management objectives of the 
Northeast Multispecies Fishery Management Plan. 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: June 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-14464 Filed 6-15-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 39871 local regulations need not be enforced II. Executive Orders 12866 and 13563 PART 1852—SOLICITATION for the full duration stated in this PROVISIONS AND CONTRACT document, he may suspend such Executive Orders (E.O.s) 12866 and CLAUSES enforcement and notify the public of the 13563 direct agencies to assess all costs suspension via a Broadcast Notice to and benefits of available regulatory 1852.210–70, 1852.212–70, and 1852.212–74 Mariners. alternatives and, if regulation is [Removed] Dated: June 14, 2016. necessary, to select regulatory ■ 3. Remove sections 1852.210–70, approaches that maximize net benefits 1852.212–70, and 1852.212–74. Scott B. Lemasters, (including potential economic, [FR Doc. 2016–14460 Filed 6–17–16; 8:45 am] Captain, U.S. Coast Guard, Captain of the Port Detroit. environmental, public health, and safety BILLING CODE 7510–01–P effects, distributive impacts, and [FR Doc. 2016–14483 Filed 6–17–16; 8:45 am] equity). E.O. 13563 emphasizes the BILLING CODE 9110–04–P importance of quantifying both costs DEPARTMENT OF COMMERCE and benefits, of reducing costs, of harmonizing rules, and of promoting National Oceanic and Atmospheric NATIONAL AERONAUTICS AND flexibility. This is not a significant Administration SPACE ADMINISTRATION regulatory action and, therefore, was not subject to review under section 6(b) of 50 CFR Part 648 48 CFR Parts 1817 and 1852 E.O. 12866, Regulatory Planning and [Docket No. 151211999–6343–02] Review, dated September 30, 1993. This RIN 2700–AE28 rule is not a major rule under 5 U.S.C. RIN 0648–XE683 804. Removal of Outdated and Duplicative Fisheries of the Northeastern United Guidance (2016–N010) III. Regulatory Flexibility Act States; Northeast Multispecies Fishery; Trimester Total Allowable AGENCY: National Aeronautics and NASA certifies that this final rule will Catch Area Closure for the Common Space Administration. not have a significant economic impact Pool Fishery on a substantial number of small entities ACTION: Final rule. AGENCY: National Marine Fisheries within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., Service (NMFS), National Oceanic and SUMMARY: National Aeronautics and Atmospheric Administration (NOAA), Space Administration (NASA) is issuing because this rule removes from the CFR only information that is either Commerce. a final rule amending the NASA FAR Supplement (NFS) to remove considered internal Agency ACTION: Temporary rule; area closure. duplicative language of the FAR and administrative procedures or extraneous SUMMARY: This action closes the Cape superseded NFS guidance. The revision provisions or clauses that were Cod/Gulf of Maine yellowtail flounder is part of NASA’s retrospective plan invalidated by previous final rules. Trimester Total Allowable Catch Area to under Executive Order (E.O.) 13563 Northeast multispecies common pool completed in August 2011. IV. Paperwork Reduction Act vessels fishing with gillnet and trawl DATES: Effective: July 20, 2016. The rule does not contain any gear for the remainder of Trimester 1, FOR FURTHER INFORMATION CONTACT: Mr. information collection requirements that through August 31, 2016. The closure is Manuel Quinones, telephone (202) 358– require the approval of the Office of required by regulation because the 2143. Management and Budget under the common pool fishery has caught 90 Paperwork Reduction Act (44 U.S.C. percent of its Trimester 1 quota for Cape SUPPLEMENTARY INFORMATION: chapter 35). Cod/Gulf of Maine yellowtail flounder. I. Background This closure is intended to prevent an List of Subjects in 48 CFR Parts 1817 overage of the common pool’s quota for NASA published a proposed rule in and 1852 this stock. the Federal Register at 81 FR 17124 on Government procurement. DATES: This action is effective June 15, March 28, 2016, to remove duplicative language of the FAR and superseded 2016, through August 31, 2016. Manuel Quinones, NFS guidance. This rule removes from FOR FURTHER INFORMATION CONTACT: Aja NASA FAR Supplement Manager. Szumylo, Fishery Policy Analyst, (978) the Code of Federal Regulations (CFR) those portions of the NFS containing Accordingly, 48 CFR parts 1817 and 281–9195. information that consists of internal 1852 are amended as follows: SUPPLEMENTARY INFORMATION: Federal Agency administrative procedures and regulations at § 648.82(n)(2)(ii) require guidance that does not control the ■ 1. The authority citation for parts the Regional Administrator to close a relationship between NASA and 1817 and 1852 continues to read as common pool Trimester Total contractors or prospective contractors. follows: Allowable Catch (TAC) Area for a stock Additionally, NASA identified a Authority: 51 U.S.C. 20113(a) and 48 CFR when 90 percent of the Trimester TAC number of NFS parts and sections to be chapter 1. is projected to be caught. The closure asabaliauskas on DSK3SPTVN1PROD with RULES (1) deleted because of its duplication of applies to all common pool vessels the FAR or (2) relocated as internal PART 1817—SPECIAL CONTRACTING fishing with gear capable of catching Agency operating procedures to a NASA METHODS that stock for the remainder of the maintained Web site available on the trimester. internet at http://www.hq.nasa.gov/ 1817.200 and 1817.204 [Removed] As of June 7, 2016, the common pool office/procurement/regs/nfstoc.htm. No ■ 2. Remove sections 1817.200 and fishery caught approximately 75 percent public comments were received in 1817.204. of the Trimester 1 TAC (5.5 mt) for Cape response to the proposed rule. Cod/Gulf of Maine (CC/GOM) yellowtail VerDate Sep<11>2014 19:00 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1

39872 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations flounder. We project that 90 percent of the next trimester. However, any 90 percent of the Trimester TAC for a the Trimester 1 TAC will be caught by uncaught portion of the common pool’s stock has been caught. Updated catch June 11, 2016. The fishing year 2016 sub-ACL may not be carried over into information only recently became common pool sub-annual catch limit the following fishing year. available indicating that the common (sub-ACL) for CC/GOM yellowtail Weekly quota monitoring reports for pool fishery has caught 90 percent of its flounder is 14.5 mt. the common pool fishery are on our Trimester 1 TAC for CC/GOM yellowtail Effective June 15, 2016, the CC/GOM Web site at: http:// flounder as of June 11, 2016. The time yellowtail flounder Trimester TAC Area www.greateratlantic.fisheries.noaa.gov/ necessary to provide for prior notice and is closed for the remainder of Trimester ro/fso/MultiMonReports.htm. We will comment, and a 30-day delay in 1, through August 31, 2016, to all continue to monitor common pool catch effectiveness, prevents the immediate common pool vessels on a Northeast through vessel trip reports, dealer- closure of the CC/GOM yellowtail multispecies day-at-sea fishing with reported landings, VMS catch reports, flounder Trimester 1 TAC Area. This gillnet and trawl gear. The CC/GOM and other available information, and, if increases the likelihood that the yellowtail flounder Trimester TAC Area necessary, we will make additional common pool fishery exceeds its quota consists of statistical areas 514 and 521. adjustments to common pool of CC/GOM yellowtail flounder to the The area reopens at the beginning of management measures. detriment of this stock, which could Trimester 2 on September 1, 2016. Classification undermine management objectives of If a vessel declared its trip through the the Northeast Multispecies Fishery This action is required by 50 CFR part Management Plan. Additionally, an Vessel Monitoring System (VMS) or the 648 and is exempt from review under interactive voice response system, and overage of the common pool quota Executive Order 12866. could cause negative economic impacts crossed the VMS demarcation line prior The Assistant Administrator for to June 15, 2016, it may complete its trip to the common pool fishery as a result Fisheries, NOAA, finds good cause within the Trimester TAC Area. of overage paybacks in a future trimester pursuant to 5 U.S.C. 553(b)(B) and 5 Any overage of the Trimester 1 or 2 or fishing year. U.S.C. 553(d)(3) to waive prior notice TACs must be deducted from the and the opportunity for public comment Authority: 16 U.S.C. 1801 et seq. Trimester 3 TAC. If the common pool and the 30-day delayed effectiveness Dated: June 14, 2016. fishery exceeds its sub-ACL for the 2016 period because it would be fishing year, the overage must be Emily H. Menashes, impracticable and contrary to the public deducted from the common pool’s sub- interest. Acting Director, Office of Sustainable ACL for fishing year 2017. Any The regulations require the Regional Fisheries, National Marine Fisheries Service. uncaught portion of the Trimester 1 and Administrator to close a trimester TAC [FR Doc. 2016–14464 Filed 6–15–16; 4:15 pm] Trimester 2 TACs is carried over into area to the common pool fishery when BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 19:00 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 9990 E:\FR\FM\20JNR1.SGM 20JNR1


Document Created: 2016-06-18 00:09:22
Document Modified: 2016-06-18 00:09:22
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 June 15, 2016, through August 31, 2016.
ContactAja Szumylo, Fishery Policy Analyst, (978) 281-9195.
FR Citation81 FR 39871 
RIN Number0648-XE68
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