81_FR_81921 81 FR 81698 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession and Trip Limit Reductions for the Common Pool Fishery

81 FR 81698 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession and Trip Limit Reductions for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81698-81699
FR Document2016-27826

This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels and adjusts the Georges Bank cod possession and trip limit for common pool vessels for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to catch 90 percent of its Trimester 2 quota for Georges Bank cod. The closure and possession and trip limit reductions are intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016) 
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81698-81699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27826]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF002


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch 
Area Closure and Possession and Trip Limit Reductions for the Common 
Pool Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; area closure and inseason adjustment.

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SUMMARY: This action closes the Georges Bank Cod Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels and 
adjusts the Georges Bank cod possession and trip limit for common pool 
vessels for the remainder of Trimester 2, through December 31, 2016. 
The common pool fishery is projected to catch 90 percent of its 
Trimester 2 quota for Georges Bank cod. The closure and possession and 
trip limit reductions are intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective November 15, 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 5, 2016, the common pool fishery has caught 
approximately 87 percent of the Trimester 2 TAC (4.2 mt) for Georges 
Bank (GB) cod. We

[[Page 81699]]

project that 90 percent of the Trimester 2 TAC was caught by November 
7.
    Effective November 15, 2016, the GB Cod Trimester TAC Area is 
closed for the remainder of Trimester 2, through December 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 3 on January 1, 2017.
    The intent of the trimester TAC area closure is to close the area 
where 90 percent of the catch of the stock has occurred. However, data 
indicate that common pool vessels have caught approximately 35 percent 
of the total catch in Trimester 2 from outside the statistical areas 
that will be affected by the closure described above. Federal 
regulations at Sec.  648.86(o) authorize the Regional Administrator to 
adjust the possession and trip limits for common pool vessels to 
prevent the overharvest or underharvest of the common pool quotas. 
Therefore, the possession and trip limits for GB cod, are reduced as 
shown in Table 1, effective November 15, 2016, through December 31, 
2016. This is intended to prevent the common pool from exceeding its 
sub-annual catch limit, but still allow for landing incidental catch of 
GB cod in areas not affected by the closure.
    On January 1, 2017, common pool possession and trip limits for GB 
cod will return to the initial limits set by Framework Adjustment 55 to 
the Northeast Multispecies Fishery Management Plan (FMP).

   Table 1--Reduced Common Pool Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                                     Initial 2016
             Permit                     limits          Reduced limits
------------------------------------------------------------------------
A DAS * (outside of the Eastern   500 lb per DAS up   25 lb per DAS up
 U.S./Canada Area).                to 2,500 lb per     to 50 lb per
                                   trip.               trip.
A DAS (Eastern U.S./Canada Area)  100 lb per DAS up   25 lb per DAS up
                                   to 500 lb per       to 50 lb per
                                   trip.               trip.
A DAS (Special Access Programs).  1,000 lb per trip.  50 lb per trip.
Handgear A......................  300 lb per trip...  25 lb per trip.
Handgear B......................  25 lb per trip....  25 lb per trip
                                                       (unchanged).
Regular B DAS Program...........  100 lb per DAS up   25 lb per DAS up
                                   to 1,000 lb per     to 50 lb per
                                   trip.               trip.
------------------------------------------------------------------------
* Day-at-sea (DAS).

    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 November 15, 2016, it may complete its trip 
within the Trimester TAC Area. Additionally, such vessels are not 
subject to the new possession and trip limits for that trip. A vessel 
that has set gillnet gear prior to November 15, 2016, may complete its 
trip by hauling such gear.
    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 the common pool fishery 
caught 90 percent of its Trimester 2 TAC for GB cod by November 7, 
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 2 TAC Area and reduction of the common pool's GB cod 
possession and trip limits. Delaying the effective date of a closure 
and possession and trip limit reduction 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 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 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27826 Filed 11-15-16; 4:15 pm]
 BILLING CODE 3510-22-P

81698 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations that were proposed subject to notice and Required minimum weight loss refers Dated: November 14, 2016. comment procedures in the CY 2017 to the percentage by which the Madhura Valverde, PFS final rule. As a result, the beneficiary’s updated weight is less than Executive Secretary to the Department, correction made through this correcting the baseline weight. The required Department of Health and Human Services. document is intended to resolve minimum weight loss percentage is 5 [FR Doc. 2016–27733 Filed 11–15–16; 11:15 am] inadvertent errors so that the rule percent. BILLING CODE 4120–01–P accurately reflects the policies in the (c) * * * final rule. (1) * * * Even if this were a rulemaking to (ii) Have as of the date of attendance DEPARTMENT OF COMMERCE which the notice and comment and at the first core session a body mass delayed effective date requirements National Oceanic and Atmospheric index (BMI) of at least 25 if not self- applied, we find that there is good cause Administration identified as Asian or a BMI of at least to waive such requirements. 23 if self-identified as Asian. Undertaking further notice and 50 CFR Part 648 comment procedures to incorporate the * * * * * corrections in this document into the (iv) Have no previous diagnosis of [Docket No. 151211999–6343–02] CY 2017 PFS final rule or delaying the type 1 or type 2 diabetes (other than RIN 0648–XF002 effective date of the corrections would gestational diabetes). be contrary to the public interest * * * * * Fisheries of the Northeastern United because it is in the public interest to (2) * * * States; Northeast Multispecies ensure that the rule accurately reflects (i) Core sessions and core Fishery; Georges Bank Cod Trimester the public comment period. Further, maintenance sessions. MDPP suppliers Total Allowable Catch Area Closure such procedures would be unnecessary, must furnish to MDPP eligible and Possession and Trip Limit because we are not making any beneficiaries the MDPP core benefit. Reductions for the Common Pool substantive revisions to the final rule, Sixteen core sessions must be furnished Fishery but rather, we are simply correcting the at least a week apart over the first 6 Federal Register document to reflect the AGENCY: National Marine Fisheries months. At least one core maintenance policies in the final rule. For these Service (NMFS), National Oceanic and session must be furnished in each of the reasons, we believe there is good cause Atmospheric Administration (NOAA), second 6 months. All core sessions and to waive the requirements for notice and Commerce. core maintenance sessions must have a comment and delay in effective date. duration of approximately one hour. ACTION: Temporary rule; area closure MDPP suppliers must address at least 16 and inseason adjustment. IV. Correction of Errors in the Regulations Text different curriculum topics in the core SUMMARY: This action closes the Georges sessions and at least 6 different Bank Cod Trimester Total Allowable In FR Doc. 16–26668 appearing on curriculum topics in the core page 80170 in the Federal Register of Catch Area to Northeast multispecies maintenance sessions. common pool vessels and adjusts the Tuesday, November 16, 2016, the following corrections are made: * * * * * Georges Bank cod possession and trip ■ 1. On pages 80552 and 80553, correct ■ 2. On page 80558, correct § 424.59 by limit for common pool vessels for the § 410.79 by— revising paragraphs (a)(1) and (5), remainder of Trimester 2, through ■ a. In paragraph (b): (b)(4)(i), and (e)(2)(i) to read as follows: December 31, 2016. The common pool ■ i. Removing the definition of fishery is projected to catch 90 percent § 424.59 Requirements for Medicare of its Trimester 2 quota for Georges ‘‘Evaluation weight’’; diabetes prevention program suppliers. ■ ii. Revising the definitions of ‘‘MDPP Bank cod. The closure and possession supplier’’, ‘‘Medicare Diabetes (a) * * * and trip limit reductions are intended to Prevention Program (MDPP)’’, and (1) At the time of enrollment has full prevent an overage of the common ‘‘Required minimum weight loss’’; CDC DPRP recognition. pool’s quota for this stock. ■ iii. In the definition of ‘‘National * * * * * DATES: This action is effective Diabetes Prevention Program, removing (5) Submits a roster of all coaches November 15, 2016, through December ‘‘(DPP)’’ and adding in its place the term who will be furnishing MDPP services 31, 2016. ‘‘(National DPP) ’’; and on the entity’s behalf that includes the FOR FURTHER INFORMATION CONTACT: Liz ■ b. Revising paragraphs (c)(1)(ii), coaches’ first and last names, SSN, and Sullivan, Fishery Management (c)(1)(iv) and (c)(2)(i). NPI. Specialist, (978) 282–8493. The revisions read as follows: (b) * * * SUPPLEMENTARY INFORMATION: Federal § 410.79 Medicare diabetes prevention (4) * * * regulations at 50 CFR 648.82(n)(2)(ii) program expanded model: Conditions of (i) Has attended one, four or nine core require the Regional Administrator to coverage. close a common pool Trimester Total sessions, or * * * * * Allowable Catch (TAC) Area for a stock * * * * * (b) * * * when 90 percent of the Trimester TAC MDPP supplier refers to an entity that (e) * * * is projected to be caught. The closure has enrolled in Medicare to furnish (2) * * * applies to all common pool vessels mstockstill on DSK3G9T082PROD with RULES MDPP services. (i) Become eligible to bill for MDPP fishing with gear capable of catching Medicare Diabetes Prevention services again if it meets the that stock for the remainder of the Program (MDPP) refers to a model test requirements of paragraph (a)(1) of this trimester. expanded under section 1115A(c) of the section, and enrolls again in Medicare As of November 5, 2016, the common Act that makes MDPP services available as an MDPP supplier subject to pool fishery has caught approximately to MDPP eligible beneficiaries. paragraph (a) of this section. 87 percent of the Trimester 2 TAC (4.2 * * * * * * * * * * mt) for Georges Bank (GB) cod. We VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 81699 project that 90 percent of the Trimester percent of the catch of the stock has shown in Table 1, effective November 2 TAC was caught by November 7. occurred. However, data indicate that 15, 2016, through December 31, 2016. Effective November 15, 2016, the GB common pool vessels have caught This is intended to prevent the common Cod Trimester TAC Area is closed for approximately 35 percent of the total pool from exceeding its sub-annual the remainder of Trimester 2, through catch in Trimester 2 from outside the catch limit, but still allow for landing December 31, 2016, to all common pool statistical areas that will be affected by incidental catch of GB cod in areas not vessels fishing with trawl gear, sink the closure described above. Federal affected by the closure. gillnet gear, and longline/hook gear. The regulations at § 648.86(o) authorize the GB Cod Trimester TAC Area consists of Regional Administrator to adjust the On January 1, 2017, common pool statistical areas 521, 522, 525, and 561. possession and trip limits for common possession and trip limits for GB cod The area reopens at the beginning of pool vessels to prevent the overharvest will return to the initial limits set by Trimester 3 on January 1, 2017. or underharvest of the common pool Framework Adjustment 55 to the The intent of the trimester TAC area quotas. Therefore, the possession and Northeast Multispecies Fishery closure is to close the area where 90 trip limits for GB cod, are reduced as Management Plan (FMP). TABLE 1—REDUCED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD Permit Initial 2016 limits Reduced limits A DAS * (outside of the Eastern U.S./Canada Area) ....... 500 lb per DAS up to 2,500 lb per trip ..... 25 lb per DAS up to 50 lb per trip. A DAS (Eastern U.S./Canada Area) ................................ 100 lb per DAS up to 500 lb per trip ........ 25 lb per DAS up to 50 lb per trip. A DAS (Special Access Programs) .................................. 1,000 lb per trip ........................................ 50 lb per trip. Handgear A ....................................................................... 300 lb per trip ........................................... 25 lb per trip. Handgear B ....................................................................... 25 lb per trip ............................................. 25 lb per trip (unchanged). Regular B DAS Program .................................................. 100 lb per DAS up to 1,000 lb per trip ..... 25 lb per DAS up to 50 lb per trip. * Day-at-sea (DAS). If a vessel declared its trip through the Classification overage paybacks in a future trimester or Vessel Monitoring System (VMS) or the This action is required by 50 CFR part fishing year. interactive voice response system, and 648 and is exempt from review under Authority: 16 U.S.C. 1801 et seq. crossed the VMS demarcation line prior Executive Order 12866. Dated: November 15, 2016. to November 15, 2016, it may complete The Assistant Administrator for Emily H. Menashes, its trip within the Trimester TAC Area. Fisheries, NOAA, finds good cause Acting Director, Office of Sustainable Additionally, such vessels are not pursuant to 5 U.S.C. 553(b)(B) and 5 Fisheries, National Marine Fisheries Service. subject to the new possession and trip U.S.C. 553(d)(3) to waive prior notice [FR Doc. 2016–27826 Filed 11–15–16; 4:15 pm] limits for that trip. A vessel that has set and the opportunity for public comment BILLING CODE 3510–22–P gillnet gear prior to November 15, 2016, and the 30-day delayed effectiveness may complete its trip by hauling such period because it would be gear. impracticable and contrary to the public DEPARTMENT OF COMMERCE interest. Any overage of the Trimester 1 or 2 Regulations require the Regional TACs must be deducted from the National Oceanic and Atmospheric Administrator to close a trimester TAC Administration Trimester 3 TAC. Any uncaught portion area to the common pool fishery when of the Trimester 1 and Trimester 2 TACs 90 percent of the Trimester TAC for a 50 CFR Part 648 is carried over into the next trimester. If stock has been caught. Updated catch the common pool fishery exceeds its [Docket No. 130919816–4205–02] information only recently became sub-ACL for the 2016 fishing year, the available indicating that the common RIN 0648–XF044 overage must be deducted from the pool fishery caught 90 percent of its common pool’s sub-ACL for fishing year Trimester 2 TAC for GB cod by Fisheries of the Northeastern United 2017. However, any uncaught portion of November 7, 2016. The time necessary States; Atlantic Herring Fishery; 2016 the common pool’s sub-ACL may not be to provide for prior notice and Management Area 1B Directed Fishery carried over into the following fishing comment, and a 30-day delay in Closure year. effectiveness, prevents the immediate AGENCY: National Marine Fisheries Weekly quota monitoring reports for closure of the GB Cod Trimester 2 TAC Service (NMFS), National Oceanic and the common pool fishery are on our Area and reduction of the common Atmospheric Administration (NOAA), Web site at: http:// pool’s GB cod possession and trip Commerce. limits. Delaying the effective date of a ACTION: Temporary rule; directed fishery www.greateratlantic.fisheries.noaa.gov/ closure and possession and trip limit closure. ro/fso/MultiMonReports.htm. We will reduction increases the likelihood that continue to monitor common pool catch the common pool fishery will exceed its SUMMARY: NMFS is closing the directed through vessel trip reports, dealer- quota of GB cod to the detriment of this herring fishery in management Area 1B, mstockstill on DSK3G9T082PROD with RULES reported landings, VMS catch reports, stock, which could undermine limiting catch from that area to 2,000 lb and other available information, and, if management objectives of the Northeast (907.2 kg) per trip and prohibiting necessary, we will make additional Multispecies FMP. landing more than once per calendar adjustments to common pool Additionally, an overage of the day, because it projects that 92 percent management measures. common pool quota could cause of the 2016 annual seasonal catch limit negative economic impacts to the for that area will have been caught by common pool fishery as a result of the effective date. This action is VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\18NOR1.SGM 18NOR1


Document Created: 2018-02-14 08:31:43
Document Modified: 2018-02-14 08:31:43
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 and inseason adjustment.
DatesThis action is effective November 15, 2016, through December 31, 2016.
ContactLiz Sullivan, Fishery Management Specialist, (978) 282-8493.
FR Citation81 FR 81698 
RIN Number0648-XF00
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