81_FR_79160 81 FR 78942 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Witch Flounder Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

81 FR 78942 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Witch Flounder Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 218 (November 10, 2016)

Page Range78942-78943
FR Document2016-27319

This action closes the Witch Flounder Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to have caught 90 percent of its Trimester 2 quota for witch flounder. The closure is intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016) 
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78942-78943]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF030


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Witch Flounder 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 Witch Flounder Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear for the remainder of Trimester 2, through 
December 31, 2016. The common pool fishery is projected to have caught 
90 percent of its Trimester 2 quota for witch flounder. The closure is 
intended to prevent an overage of the common pool's quota for this 
stock.

DATES: This action is effective November 9, 2016, through December 31, 
2016.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, (978) 282-8493.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 
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 November 1, 2016, the common pool fishery caught 
approximately 80 percent of the Trimester 2 TAC (2.4 mt) for witch 
flounder. We project that 90 percent of the Trimester 2 TAC was caught 
by November 6.
    Effective November 9, 2016, the Witch Flounder Trimester TAC Area 
is closed for the remainder of Trimester 2, through December 31, 2016, 
to all common pool vessels fishing with trawl gear. The Witch Flounder 
Trimester TAC Area consists of statistical areas 512, 513, 514, 515, 
521, 522, and 525. The area reopens at the beginning of Trimester 3 on 
January 1, 2017.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and

[[Page 78943]]

crossed the VMS demarcation line prior to November 9, 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. Any uncaught portion of the Trimester 1 and Trimester 
2 TACs is carried over into the next trimester. 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. 
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 common pool catch would reach 
90 percent of the Trimester 2 TAC for witch flounder by November 6, 
2016. The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, would prevent the immediate closure of 
the Witch Flounder Trimester 2 TAC Area. Delaying the effective date of 
the closure increases the likelihood that the common pool fishery will 
exceed its quota of witch flounder to the detriment of this stock, 
which could undermine management objectives of the Northeast 
Multispecies 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: November 8, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27319 Filed 11-9-16; 8:45 am]
 BILLING CODE 3510-22-P

78942 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations Florida west coast northern subzone and is exempt from review under DEPARTMENT OF COMMERCE when the commercial quota is reached, Executive Order 12866. or is projected to be reached, by filing National Oceanic and Atmospheric These measures are exempt from the a notification to that effect with the Administration procedures of the Regulatory Flexibility Office of the Federal Register. Based on Act because the temporary rule is issued the best scientific information available, 50 CFR Part 648 without opportunity for prior notice and NMFS has determined the commercial [Docket No. 151211999–6343–02] comment. quota of 178,848 lb (81,124 kg) for Gulf migratory group king mackerel in the This action responds to the best RIN 0648–XF030 Florida west coast northern subzone scientific information available. The will be reached by November 10, 2016. Assistant Administrator for NOAA Fisheries of the Northeastern United Accordingly, the Florida west coast Fisheries (AA) finds that the need to States; Northeast Multispecies northern subzone is closed to immediately implement this action to Fishery; Witch Flounder Trimester commercial fishing for Gulf migratory Total Allowable Catch Area Closure for close the Florida west coast northern group king mackerel effective from the Common Pool Fishery subzone of the Gulf eastern zone to noon, local time, November 10, 2016, commercial king mackerel fishing AGENCY: National Marine Fisheries through September 30, 2017, the end of constitutes good cause to waive the Service (NMFS), National Oceanic and the current fishing year. The next requirements to provide prior notice Atmospheric Administration (NOAA), fishing year for the Florida west coast and opportunity for public comment Commerce. northern subzone is October 1, 2017, pursuant to the authority set forth at 5 ACTION: Temporary rule; area closure. through September 30, 2018. U.S.C. 553(b)(B), as such procedures are Except for a person aboard a charter unnecessary and contrary to the public SUMMARY: This action closes the Witch vessel or headboat, during the closure, Flounder Trimester Total Allowable interest. Such procedures are no person aboard a vessel for which a Catch Area to Northeast multispecies unnecessary, because the rule commercial permit for king mackerel common pool vessels fishing with trawl implementing the commercial quota and has been issued may fish for or retain gear for the remainder of Trimester 2, the associated AMs has already been through December 31, 2016. The Gulf group king mackerel in the EEZ in subject to notice and public comment, common pool fishery is projected to the closed subzone, as specified in 50 and all that remains is to notify the have caught 90 percent of its Trimester CFR 622.384(e)(1) and (2). A person aboard a vessel that has a valid charter public of the closure. Such procedures 2 quota for witch flounder. The closure vessel/headboat permit for coastal are contrary to the public interest is intended to prevent an overage of the migratory pelagic fish may continue to because the capacity of the fishing fleet common pool’s quota for this stock. retain king mackerel in or from the allows for rapid harvest of the DATES: This action is effective closed subzone under the bag and commercial quota, and there is a need November 9, 2016, through December possession limits set forth in 50 CFR to immediately implement this action to 31, 2016. 622.382(a)(1)(ii) and (a)(2), provided the protect the king mackerel resource. Prior FOR FURTHER INFORMATION CONTACT: Liz vessel is operating as a charter vessel or notice and opportunity for public Sullivan, Fishery Management headboat. A charter vessel or headboat comment would require time and could Specialist, (978) 282–8493. that also has a commercial king potentially result in a harvest well in SUPPLEMENTARY INFORMATION: Federal mackerel permit is considered to be excess of the established commercial regulations at 50 CFR 648.82(n)(2)(ii) operating as a charter vessel or headboat quota. require the Regional Administrator to when it carries a passenger who pays a For the aforementioned reasons, the close a common pool Trimester Total fee or when there are more than three AA also finds good cause to waive the Allowable Catch (TAC) Area for a stock persons aboard, including operator and 30-day delay in the effectiveness of this when 90 percent of the Trimester TAC crew. is projected to be caught. The closure action under 5 U.S.C. 553(d)(3). During the closure, king mackerel applies to all common pool vessels harvested from the closed subzone, Authority: 16 U.S.C. 1801 et seq. fishing with gear capable of catching including those harvested under the bag Dated: November 7, 2016. that stock for the remainder of the and possession limits, may not be Jenni Wallace, trimester. purchased or sold. This prohibition As of November 1, 2016, the common Acting Director, Office of Sustainable does not apply to king mackerel from Fisheries, National Marine Fisheries Service. pool fishery caught approximately 80 the closed zones or subzones that were percent of the Trimester 2 TAC (2.4 mt) [FR Doc. 2016–27200 Filed 11–7–16; 4:15 pm] harvested, landed ashore, and sold prior for witch flounder. We project that 90 to the closure and were held in cold BILLING CODE 3510–22–P percent of the Trimester 2 TAC was storage by a dealer or processor, as caught by November 6. specified in 50 CFR 622.384(e)(3). Effective November 9, 2016, the Witch Classification Flounder Trimester TAC Area is closed for the remainder of Trimester 2, The Regional Administrator, through December 31, 2016, to all Southeast Region, NMFS, has common pool vessels fishing with trawl asabaliauskas on DSK3SPTVN1PROD with RULES determined this temporary rule is gear. The Witch Flounder Trimester necessary for the conservation and TAC Area consists of statistical areas management of Gulf migratory group 512, 513, 514, 515, 521, 522, and 525. king mackerel and is consistent with the The area reopens at the beginning of Magnuson-Stevens Act and other Trimester 3 on January 1, 2017. applicable laws. If a vessel declared its trip through the This action is taken under 50 CFR Vessel Monitoring System (VMS) or the 622.388(a)(1)(i) and 50 CFR 622.384(e) interactive voice response system, and VerDate Sep<11>2014 16:33 Nov 09, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1

Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations 78943 crossed the VMS demarcation line prior adjustments to common pool to provide for prior notice and to November 9, 2016, it may complete management measures. comment, and a 30-day delay in its trip within the Trimester TAC Area. effectiveness, would prevent the Classification Any overage of the Trimester 1 or 2 immediate closure of the Witch TACs must be deducted from the This action is required by 50 CFR part Flounder Trimester 2 TAC Area. Trimester 3 TAC. Any uncaught portion 648 and is exempt from review under Delaying the effective date of the closure of the Trimester 1 and Trimester 2 TACs Executive Order 12866. increases the likelihood that the is carried over into the next trimester. If The Assistant Administrator for common pool fishery will exceed its the common pool fishery exceeds its Fisheries, NOAA, finds good cause quota of witch flounder to the detriment sub-ACL for the 2016 fishing year, the pursuant to 5 U.S.C. 553(b)(B) and 5 of this stock, which could undermine overage must be deducted from the U.S.C. 553(d)(3) to waive prior notice management objectives of the Northeast common pool’s sub-ACL for fishing year and the opportunity for public comment Multispecies FMP. 2017. However, any uncaught portion of and the 30-day delayed effectiveness Additionally, an overage of the the common pool’s sub-ACL may not be period because it would be common pool quota could cause carried over into the following fishing impracticable and contrary to the public negative economic impacts to the year. interest. common pool fishery as a result of Weekly quota monitoring reports for Regulations require the Regional overage paybacks in a future trimester or the common pool fishery are on our Administrator to close a trimester TAC fishing year. Web site at: http:// area to the common pool fishery when Authority: 16 U.S.C. 1801 et seq. www.greateratlantic.fisheries.noaa.gov/ 90 percent of the Trimester TAC for a ro/fso/MultiMonReports.htm. We will stock has been caught. Updated catch Dated: November 8, 2016. continue to monitor common pool catch information only recently became Jennifer M. Wallace, through vessel trip reports, dealer- available indicating that common pool Acting Director, Office of Sustainable reported landings, VMS catch reports, catch would reach 90 percent of the Fisheries, National Marine Fisheries Service. and other available information, and, if Trimester 2 TAC for witch flounder by [FR Doc. 2016–27319 Filed 11–9–16; 8:45 am] necessary, we will make additional November 6, 2016. The time necessary BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 16:33 Nov 09, 2016 Jkt 241001 PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 E:\FR\FM\10NOR1.SGM 10NOR1


Document Created: 2016-11-10 01:44:03
Document Modified: 2016-11-10 01:44:03
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 November 9, 2016, through December 31, 2016.
ContactLiz Sullivan, Fishery Management Specialist, (978) 282-8493.
FR Citation81 FR 78942 
RIN Number0648-XF03
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