81_FR_56696 81 FR 56534 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

81 FR 56534 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine 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 162 (August 22, 2016)

Page Range56534-56535
FR Document2016-19983

This action closes the Gulf of Maine 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 Gulf of Maine cod. This closure is intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016) 
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56534-56535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19983]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XE811


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Gulf of Maine 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 Gulf of Maine 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 Gulf of Maine cod. This closure is 
intended to prevent an overage of the common pool's quota for this 
stock.

DATES: This action is effective August 17, 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 August 8, 2016, the common pool fishery has caught 
approximately 88 percent of the Trimester 1 TAC (2.1 mt) for Gulf of 
Maine (GOM) cod. We project that 90 percent of the Trimester 1 TAC was 
caught by August 12. The fishing year 2016 common pool sub-annual catch 
limit (sub-ACL) for GOM cod is 7.6 mt.
    Effective August 17, 2016, the GOM 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 GOM Cod Trimester TAC Area consists of 
statistical areas 513 and 514. 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 August 17, 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 GOM cod on or around August 
12, 2016. The time necessary to provide for prior notice and

[[Page 56535]]

comment, and a 30-day delay in effectiveness, prevents the immediate 
closure of the GOM 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 GOM 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: August 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-19983 Filed 8-17-16; 4:15 pm]
 BILLING CODE 3510-22-P

56534 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 421(d), 502, and 503 of the Stafford Act. laws, regulations, Executive Orders, and fishing year 2016 common pool sub- Assistance under this subpart must also agency policy. annual catch limit (sub-ACL) for GOM conform to requirements of 44 CFR part * * * * * cod is 7.6 mt. 201, Mitigation Planning, 44 CFR part Effective August 17, 2016, the GOM Dated: August 2, 2016. Cod Trimester TAC Area is closed for 206, subparts G—Public Assistance Project Administration, I—Public W. Craig Fugate, the remainder of Trimester 1, through Assistance Insurance Requirements, J— Administrator, Federal Emergency August 31, 2016, to all common pool Coastal Barrier Resources Act, and M— Management Agency. vessels fishing with trawl gear, sink Minimum Standards, 44 CFR part 9— [FR Doc. 2016–19536 Filed 8–19–16; 8:45 am] gillnet gear, and longline/hook gear. The Floodplain Management, and other BILLING CODE 9111–A6–P GOM Cod Trimester TAC Area consists applicable environmental and historic of statistical areas 513 and 514. The area preservation laws, regulations, reopens at the beginning of Trimester 2 Executive Orders, and agency policy. DEPARTMENT OF COMMERCE on September 1, 2016. If a vessel declared its trip through the ■ 15. In § 206.434, revise paragraph National Oceanic and Atmospheric Vessel Monitoring System (VMS) or the (c)(3) to read as follows: Administration interactive voice response system, and § 206.434 Eligibility. crossed the VMS demarcation line prior 50 CFR Part 648 to August 17, 2016, it may complete its * * * * * [Docket No. 151211999–6343–02] trip within the Trimester TAC Area. (c) * * * Any overage of the Trimester 1 or 2 (3) Be in conformance with 44 CFR RIN 0648–XE811 TACs must be deducted from the part 9, Floodplain Management and Trimester 3 TAC. If the common pool Protection of Wetlands, and other Fisheries of the Northeastern United fishery exceeds its sub-ACL for the 2016 applicable environmental and historic States; Northeast Multispecies fishing year, the overage must be preservation laws, regulations, Fishery; Gulf of Maine Cod Trimester deducted from the common pool’s sub- Executive Orders, and agency policy; Total Allowable Catch Area Closure for ACL for fishing year 2017. Any * * * * * the Common Pool Fishery uncaught portion of the Trimester 1 and ■ 16. In § 206.436, revise paragraph AGENCY: National Marine Fisheries Trimester 2 TACs is carried over into (c)(10) to read as follows: Service (NMFS), National Oceanic and the next trimester. However, any Atmospheric Administration (NOAA), uncaught portion of the common pool’s § 206.436 Application procedures. Commerce. sub-ACL may not be carried over into * * * * * ACTION: Temporary rule; area closure. the following fishing year. (c) * * * Weekly quota monitoring reports for SUMMARY: This action closes the Gulf of the common pool fishery are on our (10) Environmental information Web site at: http:// consistent with 44 CFR part 9, Maine Cod Trimester Total Allowable Catch Area to Northeast multispecies www.greateratlantic.fisheries.noaa.gov/ Floodplain Management and Protection ro/fso/MultiMonReports.htm. We will of Wetlands, and other applicable common pool vessels fishing with trawl gear, sink gillnet gear, and longline/ continue to monitor common pool catch environmental and historic preservation through vessel trip reports, dealer- laws, regulations, Executive Orders, and hook gear for the remainder of Trimester 1, through August 31, 2016. The closure reported landings, VMS catch reports, agency policy. and other available information, and, if is required by regulation because the * * * * * common pool fishery has caught 90 necessary, we will make additional percent of its Trimester 1 quota for Gulf adjustments to common pool PART 209—SUPPLEMENTAL management measures. PROPERTY ACQUISITION AND of Maine cod. This closure is intended ELEVATION ASSISTANCE to prevent an overage of the common Classification pool’s quota for this stock. This action is required by 50 CFR part ■ 17. The authority citation for part 209 DATES: This action is effective August 648 and is exempt from review under continues to read as follows: 17, 2016, through August 31, 2016. Executive Order 12866. Authority: Pub. L. 106–113, Div. B, sec. FOR FURTHER INFORMATION CONTACT: Liz The Assistant Administrator for 1000(a)(5) (enacting H.R. 3425 by cross- Sullivan, Fishery Management Fisheries, NOAA, finds good cause reference), 113 Stat. 1501, 1536; Pub. L. 106– Specialist, (978) 282–8493. pursuant to 5 U.S.C. 553(b)(B) and 5 246, 114 Stat. 511, 568; Robert T. Stafford SUPPLEMENTARY INFORMATION: Federal U.S.C. 553(d)(3) to waive prior notice Disaster Relief and Emergency Assistance regulations at § 648.82(n)(2)(ii) require and the opportunity for public comment Act, 42 U.S.C. 5121, Reorganization Plan No. the Regional Administrator to close a and the 30-day delayed effectiveness 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., common pool Trimester Total period because it would be p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 Allowable Catch (TAC) Area for a stock impracticable and contrary to the public CFR, 1979 Comp., p. 412. when 90 percent of the Trimester TAC interest. is projected to be caught. The closure Regulations require the Regional ■ 18. In § 209.6, revise paragraph (b)(3) applies to all common pool vessels Administrator to close a trimester TAC to read as follows: fishing with gear capable of catching area to the common pool fishery when that stock for the remainder of the 90 percent of the Trimester TAC for a § 209.6 Project eligibility. trimester. stock has been caught. Updated catch Lhorne on DSK30JT082PROD with RULES * * * * * As of August 8, 2016, the common information only recently became (b) * * * pool fishery has caught approximately available indicating that the common (3) Conform with 44 CFR part 9, 88 percent of the Trimester 1 TAC (2.1 pool fishery will catch 90 percent of its Floodplain Management and Protection mt) for Gulf of Maine (GOM) cod. We Trimester 1 TAC for GOM cod on or of Wetlands, and other applicable project that 90 percent of the Trimester around August 12, 2016. The time environmental and historic preservation 1 TAC was caught by August 12. The necessary to provide for prior notice and VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1

Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 56535 comment, and a 30-day delay in of the commercial possession limit for Dated: August 17, 2016. effectiveness, prevents the immediate the Winter II period dependent on the Emily H. Menashes, closure of the GOM Cod Trimester 1 amount of quota rolled over from the Acting Director, Office of Sustainable TAC Area. Delaying the effective date of Winter I period. Fisheries, National Marine Fisheries Service. a closure increases the likelihood that For 2016, the initial Winter II quota is [FR Doc. 2016–20031 Filed 8–19–16; 8:45 am] the common pool fishery will exceed its 3,262,554 lb (1,480 mt), and the best BILLING CODE 3510–22–P quota of GOM cod to the detriment of available landings information indicates this stock, which could undermine that 3,192,389 lb (1,448 mt) remain of management objectives of the Northeast DEPARTMENT OF COMMERCE the Winter I quota of 9,232,987 lb (4,188 Multispecies Fishery Management Plan. mt). Consistent with the intent of National Oceanic and Atmospheric Additionally, an overage of the common Framework 3, the full amount of unused Administration pool quota could cause negative 2016 Winter I quota would be economic impacts to the common pool transferred to Winter II, resulting in a 50 CFR Part 648 fishery as a result of overage paybacks in a future trimester or fishing year. revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the [Docket No. 150903814–5999–02] Authority: 16 U.S.C. 1801 et seq. amount transferred is greater than RIN 0648–XE810 Dated: August 16, 2016. 2,000,000 lb (907 mt), the possession Emily H. Menashes, limit per trip will increase from 12,000 Fisheries of the Northeastern United Acting Director, Office of Sustainable lb (5,443 kg) to 18,000 lb (8,165 kg), as States; Summer Flounder Fishery; Fisheries, National Marine Fisheries Service. outlined in the final rule that Commercial Quota Harvested for the [FR Doc. 2016–19983 Filed 8–17–16; 4:15 pm] established the 2016 specifications, Commonwealth of Massachusetts BILLING CODE 3510–22–P published on December 28, 2015 (80 FR AGENCY: National Marine Fisheries 80689). Service (NMFS), National Oceanic and Classification Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE Commerce. This action is required by 50 CFR part ACTION: Temporary rule; closure. National Oceanic and Atmospheric 648 and is exempt from review under Administration SUMMARY: NMFS announces that the Executive Order 12866. 2016 summer flounder commercial 50 CFR Part 648 The Assistant Administrator for quota allocated to the Commonwealth of Fisheries, NOAA (AA), has determined Massachusetts has been harvested. [Docket No. 150903814–5999–02] good cause exists pursuant to 5 U.S.C. Vessels issued a commercial Federal RIN 0648–XE755 553(b)(B) to waive prior notice and the fisheries permit for the summer opportunity for public comment on this flounder fishery may not land summer Fisheries of the Northeastern United in-season adjustment because it is flounder in Massachusetts for the States; Scup Fishery; Adjustment to impracticable and contrary to the public remainder of calendar year 2016, unless the 2016 Winter II Quota interest. The landings data upon which additional quota becomes available AGENCY: National Marine Fisheries this action is based are not available on through a transfer from another state. Service (NMFS), National Oceanic and a real-time basis and, consequently, Regulations governing the summer Atmospheric Administration (NOAA), were compiled only a short time before flounder fishery require publication of Commerce. the determination was made that this this notification to advise Massachusetts ACTION: Temporary rule; inseason action is warranted. If implementation that the quota has been harvested and to adjustment. of this in-season action is delayed to advise vessel permit holders and dealer solicit prior public comment, the permit holders that no Federal SUMMARY: NMFS adjusts the 2016 objective of the fishery management commercial quota is available for Winter II commercial scup quota. This plan to achieve the optimum yield from landing summer flounder in action complies with Framework the fishery could be compromised; Massachusetts. Adjustment 3 to the Summer Flounder, deteriorating weather conditions during DATES: Effective 0001 hours, August 19, Scup, and Black Sea Bass Fishery the latter part of the fishing year will 2016, through December 31, 2016. Management Plan, which established a reduce fishing effort and could prevent FOR FURTHER INFORMATION CONTACT: Reid process to allow the rollover of unused the annual quota from being fully Lichwell, (978) 281–9112, or commercial scup quota from the Winter harvested. This would conflict with the Reid.Lichwell@noaa.gov. I period to the Winter II period. agency’s legal obligation under the SUPPLEMENTARY INFORMATION: DATES: Effective November 1, 2016, Magnuson-Stevens Fishery Conservation and Management Act to Regulations governing the summer through December 31, 2016. flounder fishery are found at 50 CFR FOR FURTHER INFORMATION CONTACT: Reid achieve the optimum yield from a fishery on a continuing basis, resulting part 648. The regulations require annual Lichwell, Fishery Management specification of a commercial quota that Specialist, (978) 281–9112. in a negative economic impact on is apportioned on a percentage basis vessels permitted to fish in this fishery. SUPPLEMENTARY INFORMATION: NMFS among the coastal states from North Moreover, the rollover process and published a final rule in the Federal Carolina through Maine. The process to Register on November 3, 2003 (68 FR potential changes in trip limits were set the annual commercial quota and the Lhorne on DSK30JT082PROD with RULES 62250), implementing a process to roll already outlined in the 2016 to 2018 percent allocated to each state is over unused Winter I commercial scup specifications published December 28, described in § 648.102. quota (January 1 through April 30) to be 2015, that were provided for notice and The initial commercial quota for added to the Winter II period quota comment rulemaking. No comments summer flounder for the 2016 calendar (November 1 through December 31). were received on either part. year was set equal to 8,124,035 lb This framework also allows adjustment Authority: 16 U.S.C. 1801 et seq. (3,684,997 kg) (80 FR 80689, December VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1


Document Created: 2018-02-09 11:38:14
Document Modified: 2018-02-09 11:38:14
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 August 17, 2016, through August 31, 2016.
ContactLiz Sullivan, Fishery Management Specialist, (978) 282-8493.
FR Citation81 FR 56534 
RIN Number0648-XE81
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