81_FR_46752 81 FR 46615 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

81 FR 46615 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46615-46615
FR Document2016-16891

This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook 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 Georges Bank cod. This closure is intended to prevent an overage of the common pool's quota for this stock.This action is effective July 13, 2016, through August 31, 2016.

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Page 46615]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16891]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XE720


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod 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 Georges Bank Cod Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear, sink gillnet gear, and longline/hook 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 Georges Bank cod. This closure is 
intended to prevent an overage of the common pool's quota for this 
stock.This action is effective July 13, 2016, through August 31, 2016.

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.
    As of July 11, 2016, the common pool fishery caught between 79 and 
89 percent of the Trimester 1 TAC (3.3 mt) for Georges Bank (GB) cod. 
We project that 90 percent of the Trimester 1 TAC will be caught within 
a few days. The fishing year 2016 common pool sub-annual catch limit 
(sub-ACL) for GB cod is 13.2 mt.
    Effective July 13, 2016, the GB Cod Trimester TAC Area is closed 
for the remainder of Trimester 1, through August 31, 2016, to all 
common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The GB Cod Trimester TAC Area consists of 
statistical areas 521, 522, 525, and 561. 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 July 13, 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.
    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 will 
catch 90 percent of its Trimester 1 TAC for GB cod in the week of July 
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 GB Cod Trimester 1 TAC Area. Delaying the effective date of a 
closure increases the likelihood that the common pool fishery will 
exceed its quota of GB cod 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: July 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16891 Filed 7-13-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                      Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations                                               46615

                                                  and managing the fishery at optimum                      intended to prevent an overage of the                 Web site at: http://www.greateratlantic
                                                  yield. Moreover, NMFS previously                         common pool’s quota for this stock.This               .fisheries.noaa.gov/ro/fso/
                                                  solicited, and considered, public                        action is effective July 13, 2016, through            MultiMonReports.htm. We will continue
                                                  comments on the rule that established                    August 31, 2016.                                      to monitor common pool catch through
                                                  the catch limit (79 FR 19487, April 9,                   FOR FURTHER INFORMATION CONTACT: Liz                  vessel trip reports, dealer-reported
                                                  2014), including a provision for issuing                 Sullivan, Fishery Management                          landings, VMS catch reports, and other
                                                  a notice to close the fishery, if                        Specialist, (978) 282–8493.                           available information, and, if necessary,
                                                  necessary, to prevent exceeding the                      SUPPLEMENTARY INFORMATION: Federal                    we will make additional adjustments to
                                                  catch limit. For the same reasons, NMFS                  regulations at § 648.82(n)(2)(ii) require             common pool management measures.
                                                  has also determined there is good cause                  the Regional Administrator to close a                 Classification
                                                  to waive the requirement for a 30-day                    common pool Trimester Total
                                                  delay in effectiveness under 5 U.S.C.                    Allowable Catch (TAC) Area for a stock                   This action is required by 50 CFR part
                                                  553(d)(3).                                               when 90 percent of the Trimester TAC                  648 and is exempt from review under
                                                    This action is required by § 300.25(b)                 is projected to be caught. The closure                Executive Order 12866.
                                                  and is exempt from review under                          applies to all common pool vessels                       The Assistant Administrator for
                                                  Executive Order 12866.                                   fishing with gear capable of catching                 Fisheries, NOAA, finds good cause
                                                     Authority: 16 U.S.C. 951 et seq.                      that stock for the remainder of the                   pursuant to 5 U.S.C. 553(b)(B) and 5
                                                                                                           trimester.                                            U.S.C. 553(d)(3) to waive prior notice
                                                    Dated: July 13, 2016.
                                                                                                              As of July 11, 2016, the common pool
                                                  Emily H. Menashes,                                                                                             and the opportunity for public comment
                                                                                                           fishery caught between 79 and 89
                                                  Acting Director, Office of Sustainable                                                                         and the 30-day delayed effectiveness
                                                                                                           percent of the Trimester 1 TAC (3.3 mt)
                                                  Fisheries, National Marine Fisheries Service.                                                                  period because it would be
                                                                                                           for Georges Bank (GB) cod. We project
                                                  [FR Doc. 2016–16893 Filed 7–13–16; 4:15 pm]                                                                    impracticable and contrary to the public
                                                                                                           that 90 percent of the Trimester 1 TAC
                                                                                                                                                                 interest.
                                                  BILLING CODE 3510–22–P                                   will be caught within a few days. The
                                                                                                           fishing year 2016 common pool sub-                       Regulations require the Regional
                                                                                                           annual catch limit (sub-ACL) for GB cod               Administrator to close a trimester TAC
                                                  DEPARTMENT OF COMMERCE                                   is 13.2 mt.                                           area to the common pool fishery when
                                                                                                              Effective July 13, 2016, the GB Cod                90 percent of the Trimester TAC for a
                                                  National Oceanic and Atmospheric                                                                               stock has been caught. Updated catch
                                                                                                           Trimester TAC Area is closed for the
                                                  Administration                                                                                                 information only recently became
                                                                                                           remainder of Trimester 1, through
                                                                                                           August 31, 2016, to all common pool                   available indicating that the common
                                                  50 CFR Part 648                                                                                                pool fishery will catch 90 percent of its
                                                                                                           vessels fishing with trawl gear, sink
                                                  [Docket No. 151211999–6343–02]                           gillnet gear, and longline/hook gear. The             Trimester 1 TAC for GB cod in the week
                                                                                                           GB Cod Trimester TAC Area consists of                 of July 11, 2016. The time necessary to
                                                  RIN 0648–XE720
                                                                                                           statistical areas 521, 522, 525, and 561.             provide for prior notice and comment,
                                                  Fisheries of the Northeastern United                     The area reopens at the beginning of                  and a 30-day delay in effectiveness,
                                                  States; Northeast Multispecies                           Trimester 2 on September 1, 2016.                     prevents the immediate closure of the
                                                  Fishery; Georges Bank Cod Trimester                         If a vessel declared its trip through the          GB Cod Trimester 1 TAC Area. Delaying
                                                  Total Allowable Catch Area Closure for                   Vessel Monitoring System (VMS) or the                 the effective date of a closure increases
                                                  the Common Pool Fishery                                  interactive voice response system, and                the likelihood that the common pool
                                                                                                           crossed the VMS demarcation line prior                fishery will exceed its quota of GB cod
                                                  AGENCY:  National Marine Fisheries                       to July 13, 2016, it may complete its trip            to the detriment of this stock, which
                                                  Service (NMFS), National Oceanic and                     within the Trimester TAC Area.                        could undermine management
                                                  Atmospheric Administration (NOAA),                          Any overage of the Trimester 1 or 2                objectives of the Northeast Multispecies
                                                  Commerce.                                                TACs must be deducted from the                        Fishery Management Plan. Additionally,
                                                  ACTION: Temporary rule; area closure.                    Trimester 3 TAC. If the common pool                   an overage of the common pool quota
                                                                                                           fishery exceeds its sub-ACL for the 2016              could cause negative economic impacts
                                                  SUMMARY:   This action closes the Georges                fishing year, the overage must be                     to the common pool fishery as a result
                                                  Bank Cod Trimester Total Allowable                       deducted from the common pool’s sub-                  of overage paybacks in a future trimester
                                                  Catch Area to Northeast multispecies                     ACL for fishing year 2017. Any                        or fishing year.
                                                  common pool vessels fishing with trawl                   uncaught portion of the Trimester 1 and                 Authority: 16 U.S.C. 1801 et seq.
                                                  gear, sink gillnet gear, and longline/                   Trimester 2 TACs is carried over into
                                                  hook gear for the remainder of Trimester                 the next trimester. However, any                        Dated: July 13, 2016.
                                                  1, through August 31, 2016. The closure                  uncaught portion of the common pool’s                 Emily H. Menashes,
                                                  is required by regulation because the                    sub-ACL may not be carried over into                  Acting Director, Office of Sustainable
                                                  common pool fishery has caught 90                        the following fishing year.                           Fisheries, National Marine Fisheries Service.
                                                  percent of its Trimester 1 quota for                        Weekly quota monitoring reports for                [FR Doc. 2016–16891 Filed 7–13–16; 4:15 pm]
                                                  Georges Bank cod. This closure is                        the common pool fishery are on our                    BILLING CODE 3510–22–P
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Document Created: 2016-07-16 02:28:29
Document Modified: 2016-07-16 02:28:29
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.
ContactLiz Sullivan, Fishery Management Specialist, (978) 282-8493.
FR Citation81 FR 46615 
RIN Number0648-XE72

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