81_FR_95741 81 FR 95492 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Modifications for the Common Pool Fishery

81 FR 95492 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Modifications for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95492-95493
FR Document2016-31403

This action increases the possession and trip limits for Southern New England/Mid-Atlantic yellowtail flounder and reduces the possession and trip limits for Georges Bank cod in place for Northeast multispecies common pool vessels for the remainder of the 2016 fishing year. The Regional Administrator is authorized to adjust possession and trip limits for common pool vessels to facilitate harvesting, or prevent exceeding, the pertinent common pool quotas during the fishing year. Increasing the possession and trip limits on Southern New England/Mid-Atlantic yellowtail flounder is intended to provide additional fishing opportunities and help allow the common pool fishery to catch its allowable quota for the stock, while reducing the possession and trip limits for Georges Bank cod is necessary to prevent overharvest of the common pool quota for that stock.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016) 
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95492-95493]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31403]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-XF074


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Possession and Trip Limit Modifications for the 
Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: This action increases the possession and trip limits for 
Southern New England/Mid-Atlantic yellowtail flounder and reduces the 
possession and trip limits for Georges Bank cod in place for Northeast 
multispecies common pool vessels for the remainder of the 2016 fishing 
year. The Regional Administrator is authorized to adjust possession and 
trip limits for common pool vessels to facilitate harvesting, or 
prevent exceeding, the pertinent common pool quotas during the fishing 
year. Increasing the possession and trip limits on Southern New 
England/Mid-Atlantic yellowtail flounder is intended to provide 
additional fishing opportunities and help allow the common pool fishery 
to catch its allowable quota for the stock, while reducing the 
possession and trip limits for Georges Bank cod is necessary to prevent 
overharvest of the common pool quota for that stock.

DATES: The action increasing the possession and trip limits for 
Southern New England/Mid-Atlantic yellowtail flounder is effective 
December 22, 2016, through April 30, 2017. The action decreasing the 
possession and trip limits for Georges Bank cod is effective January 1, 
2017, through April 30, 2017.

FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management 
Specialist, 978-281-9236.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 648.86(o) 
authorize the Regional Administrator to adjust the possession and trip 
limits for common pool vessels in order to

[[Page 95493]]

prevent the overharvest and facilitate utilization of the common pool 
quotas. As of December 1, 2016, the common pool had caught less than 5 
percent of its sub-annual catch limit (ACL) of Southern New England/
Mid-Atlantic (SNE/MA) yellowtail flounder. We project that a moderate 
increase in the possession and trip limit for SNE/MA yellowtail 
flounder will result in greater fishing opportunities and little risk 
of exceeding the common pool sub-ACL of that stock in the current 
fishing year. To allow the common pool fishery to catch more of its 
quota for this stock, effective December 22, 2016, the possession and 
trip limit of SNE/MA yellowtail flounder for all common pool vessels of 
250 lb (113.4 kg) per day-at-sea (DAS), and 500 lb (226.8 kg) per trip 
is increased, to 500 lb (226.8 kg) per DAS, and 1,000 lb (453.6 kg) per 
trip. It is unlawful for any common pool vessel to exceed the new 
possession and trip limits.
    On November 15, 2016, we reduced possession and trip limits for 
Georges Bank (GB) cod to prevent an overage of the common pool's quota 
for the stock. These reduced possession and trip limits were set to 
expire on December 31, 2016, and return to the initial limits set by 
Framework Adjustment 55 to the Northeast Multispecies Fishery 
Management Plan (FMP). We project that if the current possession and 
trip limits were to expire there will likely be a significant overage 
of the common pool quota for this stock before the end of the fishing 
year. As of December 1, 2016, the common pool had caught approximately 
76 percent of its sub-ACL of GB cod. To prevent the common pool fishery 
from exceeding its quota for this stock during the remainder of the 
fishing year, effective January 1, 2017, the possession and trip limits 
for GB cod will remain at the current limits (see Table 1) instead of 
returning to the initial limits set by Framework Adjustment 55 to the 
Northeast Multispecies FMP. We are also setting a new 25-lb (11.3-kg) 
per trip GB cod trip limit on common pool vessels fishing with a small 
vessel category permit. As a result, effective January 1, 2017, it is 
unlawful for a common pool vessel to exceed the possession and trip 
limits listed in Table 1.

 Table 1--Current and Updated Common Pool Possession and Trip Limits for
                                 GB Cod
------------------------------------------------------------------------
                               Current limits (as      Updated limits
           Permit                of November 15,     (effective January
                                      2016)               1, 2017)
------------------------------------------------------------------------
A DAS* (outside of the        25 lb (11.3 kg) per   25 lb (11.3 kg) per
 Eastern U.S./Canada Area).    DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
A DAS (Eastern U.S./Canada    25 lb (11.3 kg) per   25 lb (11.3 kg) per
 Area).                        DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
A DAS (Special Access         50 lb (22.7 kg) per   50 lb (22.7 kg) per
 Programs).                    trip.                 trip (unchanged).
Handgear A..................  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               trip.                 trip (unchanged).
Handgear B..................  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               trip.                 trip (unchanged).
Regular B DAS Program.......  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
Small Vessel Category (<=30   300 lb (136.1 kg) of  300 lb (136.1 kg) of
 ft).                          cod, haddock, and     cod, haddock, and
                               yellowtail flounder   yellowtail flounder
                               combined.             combined.
                              Maximum of 25 lb      Maximum of 25 lb
                               (11.3 kg) of GOM      (11.3 kg) of cod
                               cod and 200 lb        and 200 lb (90.7
                               (90.7 kg) of GOM      kg) of GOM haddock
                               haddock within the    within the 300-lb
                               300-lb (136.1-kg)     (136.1-kg) combined
                               combined trip limit.  trip limit.
------------------------------------------------------------------------
* Day-at-sea (DAS).

    Weekly quota monitoring reports for the common pool fishery can be 
found 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, vessel monitoring system 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.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels to prevent the overharvest and 
facilitate utilization of common pool sub-ACLs. The catch data used to 
justify increasing the SNE/MA yellowtail flounder possession and trip 
limits and maintaining current possession and trip limits for GB cod 
only recently became available. The possession and trip limit increase 
implemented through this action allows for increased harvest of SNE/MA 
yellowtail flounder, to help ensure that the fishery may achieve the 
optimum yield (OY) for this stock. As a result, the time necessary to 
provide for prior notice and comment, and a 30-day delay in 
effectiveness, would prevent us from increasing the possession and trip 
limit for SNE/MA yellowtail flounder in a timely manner, which could 
prevent the fishery from achieving the OY. Further, the same delay 
would prevent us from implementing measures to prevent overutilization 
of the GB cod sub-ACL, leading to further negative impacts on the 
fishery. Either outcome would undermine management objectives of the 
Northeast Multispecies FMP and cause unnecessary negative economic 
impacts to the common pool fishery. There is additional good cause to 
waive the delayed effective period because this action in part relieves 
restrictions on fishing vessels by increasing a trip limit on SNE/MA 
yellowtail flounder and also limits regulatory confusion by maintaining 
status quo restrictions to more effectively prevent overharvest of the 
GB cod sub-ACL.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 22, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31403 Filed 12-22-16; 4:15 pm]
 BILLING CODE 3510-22-P

95492 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations in the development of regulatory G. Privacy Act Issued on: December 21, 2016. policies that have federalism Please note that anyone is able to Mark R. Rosekind, implications.’’ ‘‘Policies that have search the electronic form of all Administrator. federalism implications’’ is defined in comments received into any of our [FR Doc. 2016–31136 Filed 12–27–16; 8:45 am] the Executive Order to include dockets by the name of the individual BILLING CODE 4910–59–P regulations that have ‘‘substantial direct submitting the comment (or signing the effects on the States, on the relationship comment, if submitted on behalf of an between the national government and association, business, labor union, etc.). DEPARTMENT OF COMMERCE the States, or on the distribution of You may review DOT’s complete power and responsibilities among the Privacy Act statement in the Federal National Oceanic and Atmospheric various levels of government.’’ Under Register published on April 11, 2000 Administration Executive Order 13132, the agency may (65 FR 19477–78) or you may visit not issue a regulation with Federalism https://www.transportation.gov/privacy. 50 CFR Part 648 implications, that imposes substantial direct compliance costs, and that is not List of Subjects in 49 CFR Part 578 RIN 0648–XF074 required by statute, unless the Federal Fuel economy, Motor vehicles, government provides the funds Fisheries of the Northeastern United Penalties. States; Northeast Multispecies necessary to pay the direct compliance In consideration of the foregoing, 49 costs incurred by State and local Fishery; Possession and Trip Limit CFR part 578 is amended as set forth Modifications for the Common Pool governments, or the agency consults below. with State and local governments early Fishery in the process of developing the PART 578—CIVIL AND CRIMINAL AGENCY: National Marine Fisheries proposed regulation. PENALTIES Service (NMFS), National Oceanic and This rule will not have substantial Atmospheric Administration (NOAA), direct effects on the States, on the ■ 1. The authority citation for 49 CFR Commerce. relationship between the national part 578 is revised to read as follows: ACTION: Temporary rule; inseason government and the States, or on the Authority: Pub. L. 101–410, Pub. L. 104– adjustment. distribution of power and 134, Pub. L. 109–59, Pub. L. 114–74, Pub L. responsibilities among the various 114–94, 49 U.S.C. 32902 and 32912; SUMMARY: This action increases the levels of government, as specified in delegation of authority at 49 CFR 1.81, 1.95. possession and trip limits for Southern Executive Order 13132. The reason is ■ 2. Section 578.6 is amended by New England/Mid-Atlantic yellowtail that this rule applies to motor vehicle revising paragraph (h) to read as flounder and reduces the possession manufacturers. Thus, the requirements follows: and trip limits for Georges Bank cod in of Section 6 of the Executive Order do place for Northeast multispecies not apply. § 578.6 Civil penalties for violations of common pool vessels for the remainder specified provisions of Title 49 of the United of the 2016 fishing year. The Regional D. Unfunded Mandates Reform Act of States Code. Administrator is authorized to adjust 1995 (UMRA) * * * * * possession and trip limits for common The Unfunded Mandates Reform Act (h) Automobile fuel economy. (1) A pool vessels to facilitate harvesting, or of 1995, Public Law 104–4, requires person that violates 49 U.S.C. 32911(a) prevent exceeding, the pertinent agencies to prepare a written assessment is liable to the United States common pool quotas during the fishing of the cost, benefits, and other effects of Government for a civil penalty of not year. Increasing the possession and trip proposed or final rules that include a more than $40,000 for each violation. A limits on Southern New England/Mid- Federal mandate likely to result in the separate violation occurs for each day Atlantic yellowtail flounder is intended expenditure by State, local, or tribal the violation continues. to provide additional fishing governments, in the aggregate, or by the (2) Except as provided in 49 U.S.C. opportunities and help allow the private sector, of more than $100 32912(c), beginning with model year common pool fishery to catch its million annually. Because NHTSA does 2019, a manufacturer that violates a allowable quota for the stock, while not believe that this rule will standard prescribed for a model year reducing the possession and trip limits necessarily have a $100 million effect, under 49 U.S.C. 32902 is liable to the for Georges Bank cod is necessary to no Unfunded Mandates assessment will United States Government for a civil prevent overharvest of the common pool be prepared. penalty of $14, plus any adjustments for quota for that stock. inflation that occurred or may occur (for E. Executive Order 12778 (Civil Justice model years before model year 2019, the DATES: The action increasing the Reform) civil penalty is $5.50), multiplied by possession and trip limits for Southern each .1 of a mile a gallon by which the New England/Mid-Atlantic yellowtail This rule does not have a retroactive applicable average fuel economy flounder is effective December 22, 2016, or preemptive effect. Judicial review of standard under that section exceeds the through April 30, 2017. The action this rule may be obtained pursuant to 5 average fuel economy— decreasing the possession and trip U.S.C. 702. That section does not (i) Calculated under 49 U.S.C. limits for Georges Bank cod is effective require that a petition for 32904(a)(1)(A) or (B) for automobiles to January 1, 2017, through April 30, 2017. reconsideration be filed prior to seeking judicial review. which the standard applies produced by FOR FURTHER INFORMATION CONTACT: Kyle sradovich on DSK3GMQ082PROD with RULES the manufacturer during the model year; Molton, Fishery Management Specialist, F. Paperwork Reduction Act (ii) Multiplied by the number of those 978–281–9236. In accordance with the Paperwork automobiles; and SUPPLEMENTARY INFORMATION: The Reduction Act of 1980, we state that (iii) Reduced by the credits available regulations at 50 CFR 648.86(o) there are no requirements for to the manufacturer under 49 U.S.C. authorize the Regional Administrator to information collection associated with 32903 for the model year. adjust the possession and trip limits for this rulemaking action. * * * * * common pool vessels in order to VerDate Sep<11>2014 16:15 Dec 27, 2016 Jkt 241001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1

Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 95493 prevent the overharvest and facilitate increased, to 500 lb (226.8 kg) per DAS, 2016, the common pool had caught utilization of the common pool quotas. and 1,000 lb (453.6 kg) per trip. It is approximately 76 percent of its sub-ACL As of December 1, 2016, the common unlawful for any common pool vessel to of GB cod. To prevent the common pool pool had caught less than 5 percent of exceed the new possession and trip fishery from exceeding its quota for this its sub-annual catch limit (ACL) of limits. stock during the remainder of the Southern New England/Mid-Atlantic On November 15, 2016, we reduced fishing year, effective January 1, 2017, (SNE/MA) yellowtail flounder. We possession and trip limits for Georges the possession and trip limits for GB project that a moderate increase in the Bank (GB) cod to prevent an overage of cod will remain at the current limits possession and trip limit for SNE/MA the common pool’s quota for the stock. (see Table 1) instead of returning to the yellowtail flounder will result in greater These reduced possession and trip initial limits set by Framework fishing opportunities and little risk of limits were set to expire on December 31, 2016, and return to the initial limits Adjustment 55 to the Northeast exceeding the common pool sub-ACL of that stock in the current fishing year. To set by Framework Adjustment 55 to the Multispecies FMP. We are also setting a allow the common pool fishery to catch Northeast Multispecies Fishery new 25-lb (11.3-kg) per trip GB cod trip more of its quota for this stock, effective Management Plan (FMP). We project limit on common pool vessels fishing December 22, 2016, the possession and that if the current possession and trip with a small vessel category permit. As trip limit of SNE/MA yellowtail limits were to expire there will likely be a result, effective January 1, 2017, it is flounder for all common pool vessels of a significant overage of the common unlawful for a common pool vessel to 250 lb (113.4 kg) per day-at-sea (DAS), pool quota for this stock before the end exceed the possession and trip limits and 500 lb (226.8 kg) per trip is of the fishing year. As of December 1, listed in Table 1. TABLE 1—CURRENT AND UPDATED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD Permit Current limits (as of November 15, 2016) Updated limits (effective January 1, 2017) A DAS* (outside of the East- 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ern U.S./Canada Area). (unchanged). A DAS (Eastern U.S./Can- 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ada Area). (unchanged). A DAS (Special Access Pro- 50 lb (22.7 kg) per trip .................................................... 50 lb (22.7 kg) per trip (unchanged). grams). Handgear A .......................... 25 lb (11.3 kg) per trip .................................................... 25 lb (11.3 kg) per trip (unchanged). Handgear B .......................... 25 lb (11.3 kg) per trip .................................................... 25 lb (11.3 kg) per trip (unchanged). Regular B DAS Program ..... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip (unchanged). Small Vessel Category (≤30 300 lb (136.1 kg) of cod, haddock, and yellowtail floun- 300 lb (136.1 kg) of cod, haddock, and yellowtail floun- ft). der combined. der combined. Maximum of 25 lb (11.3 kg) of GOM cod and 200 lb Maximum of 25 lb (11.3 kg) of cod and 200 lb (90.7 kg) (90.7 kg) of GOM haddock within the 300-lb (136.1- of GOM haddock within the 300-lb (136.1-kg) com- kg) combined trip limit. bined trip limit. * Day-at-sea (DAS). Weekly quota monitoring reports for The regulations at § 648.86(o) overutilization of the GB cod sub-ACL, the common pool fishery can be found authorize the Regional Administrator to leading to further negative impacts on on our Web site at: http://www.greater adjust the Northeast multispecies the fishery. Either outcome would atlantic.fisheries.noaa.gov/ro/fso/Multi possession and trip limits for common undermine management objectives of MonReports.htm. We will continue to pool vessels to prevent the overharvest the Northeast Multispecies FMP and monitor common pool catch through and facilitate utilization of common cause unnecessary negative economic vessel trip reports, dealer-reported pool sub-ACLs. The catch data used to impacts to the common pool fishery. landings, vessel monitoring system justify increasing the SNE/MA There is additional good cause to waive catch reports and other available yellowtail flounder possession and trip the delayed effective period because this information and, if necessary, we will limits and maintaining current action in part relieves restrictions on make additional adjustments to possession and trip limits for GB cod fishing vessels by increasing a trip limit common pool management measures. only recently became available. The on SNE/MA yellowtail flounder and possession and trip limit increase also limits regulatory confusion by Classification implemented through this action allows maintaining status quo restrictions to for increased harvest of SNE/MA more effectively prevent overharvest of This action is required by 50 CFR part yellowtail flounder, to help ensure that 648 and is exempt from review under the GB cod sub-ACL. the fishery may achieve the optimum Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. yield (OY) for this stock. As a result, the The Assistant Administrator for time necessary to provide for prior Dated: December 22, 2016. Fisheries, NOAA, finds good cause notice and comment, and a 30-day delay Alan D. Risenhoover, sradovich on DSK3GMQ082PROD with RULES pursuant to 5 U.S.C. 553(b)(B) and 5 in effectiveness, would prevent us from U.S.C. 553(d)(3) to waive prior notice Director, Office of Sustainable Fisheries, increasing the possession and trip limit and the opportunity for public comment National Marine Fisheries Service. for SNE/MA yellowtail flounder in a and the 30-day delayed effectiveness [FR Doc. 2016–31403 Filed 12–22–16; 4:15 pm] timely manner, which could prevent the period because it would be fishery from achieving the OY. Further, BILLING CODE 3510–22–P impracticable and contrary to the public the same delay would prevent us from interest. implementing measures to prevent VerDate Sep<11>2014 16:15 Dec 27, 2016 Jkt 241001 PO 00000 Frm 00097 Fmt 4700 Sfmt 9990 E:\FR\FM\28DER1.SGM 28DER1


Document Created: 2016-12-28 02:16:49
Document Modified: 2016-12-28 02:16:49
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; inseason adjustment.
DatesThe action increasing the possession and trip limits for Southern New England/Mid-Atlantic yellowtail flounder is effective December 22, 2016, through April 30, 2017. The action decreasing the possession and trip limits for Georges Bank cod is effective January 1, 2017, through April 30, 2017.
ContactKyle Molton, Fishery Management Specialist, 978-281-9236.
FR Citation81 FR 95492 
RIN Number0648-XF07
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