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)

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, 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