82_FR_35832 82 FR 35686 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

82 FR 35686 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 146 (August 1, 2017)

Page Range35686-35687
FR Document2017-16176

This action closes the Georges Bank (GB) 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, 2017. The closure is required by regulation because the common pool fishery is projected to have caught 90 percent of its Trimester 1 quota for GB cod. This closure is intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 82 Issue 146 (Tuesday, August 1, 2017) 
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35686-35687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16176]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF586


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank 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 Georges Bank (GB) 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, 2017. The closure is 
required by regulation because the common pool fishery is projected to 
have caught 90 percent of its Trimester 1 quota for GB cod. This 
closure is intended to prevent an overage of the common pool's quota 
for this stock.

DATES: This action is effective July 28, 2017, through August 31, 2017.

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management 
Specialist, (978) 281-9255.

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 July 27, 2017, the common pool fishery is projected to have 
caught approximately 90 percent of the Trimester 1 TAC (2.9 mt) for 
Georges Bank (GB) cod. Effective July 28, 2017, the GB Cod Trimester 
TAC Area is closed for the remainder of Trimester 1, through August 31, 
2017, to all common pool vessels fishing on a Northeast multispecies 
trip 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 2, on September 1, 
2017.
    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 July 28, 2017, it may complete its trip 
within the Trimester TAC Area. A vessel that has set gillnet gear prior 
to July 28, 2017, 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. If the common pool fishery exceeds its total quota for 
a stock in the 2017 fishing year, the overage must be deducted from the 
common pool's quota for that stock for fishing year 2018. 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 
total annual quota 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.
    The 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 
is projected to have caught 90 percent of its Trimester 1 TAC for GB 
cod as of July 27, 2017. The time necessary to provide for prior notice 
and comment, and a 30-day delay in effectiveness, would prevent the 
immediate closure of the GB Cod Trimester TAC Area. This increases the 
likelihood that the common pool fishery

[[Page 35687]]

will exceed its trimester or annual quota of GB cod to the detriment of 
this stock, which could undermine management objectives of the 
Northeast Multispecies Fishery Management Plan. Additionally, an 
overage of the trimester or annual common pool quota could cause 
negative economic impacts to the common pool fishery as a result of 
overage paybacks deducted from a future trimester or fishing year.

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

    Dated: July 27, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-16176 Filed 7-28-17; 8:45 am]
 BILLING CODE 3510-22-P

35686 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations § 648.85(a)(3)(iii)(A); a Ruhle trawl, as adding ‘‘§ 648.90(a)(4)(iii)(D)’’ in its GB Cod Trimester TAC Area consists of specified in § 648.85(b)(6)(iv)(J)(3); a place. statistical areas 521, 522, 525, and 561. rope separator trawl, as specified in [FR Doc. 2017–16133 Filed 7–31–17; 8:45 am] The area reopens at the beginning of § 648.84(e); or any other gear approved BILLING CODE 3510–22–P Trimester 2, on September 1, 2017. consistent with the process defined in If a vessel declared its trip through the § 648.85(b)(6). Vessel Monitoring System (VMS) or the DEPARTMENT OF COMMERCE interactive voice response system, and * * * * * crossed the VMS demarcation line prior (iv) AMs if the sub-ACL for the National Oceanic and Atmospheric to July 28, 2017, it may complete its trip Atlantic sea scallop fishery is exceeded. Administration within the Trimester TAC Area. A At the end of the scallop fishing year, vessel that has set gillnet gear prior to NMFS will evaluate whether Atlantic 50 CFR Part 648 July 28, 2017, may complete its trip by sea scallop fishery catch exceeded the hauling such gear. [Docket No. 151211999–6343–02] Any overage of the Trimester 1 or 2 sub-ACLs for any groundfish stocks allocated to the scallop fishery. On RIN 0648–XF586 TACs must be deducted from the January 15, or when information is Trimester 3 TAC. If the common pool available to make an accurate Fisheries of the Northeastern United fishery exceeds its total quota for a stock projection, NMFS will also determine States; Northeast Multispecies in the 2017 fishing year, the overage whether total catch exceeded the overall Fishery; Georges Bank Cod Trimester must be deducted from the common Total Allowable Catch Area Closure for pool’s quota for that stock for fishing ACL for each stock allocated to the the Common Pool Fishery year 2018. Any uncaught portion of the scallop fishery. When evaluating Trimester 1 and Trimester 2 TACs is whether total catch exceeded the overall AGENCY: National Marine Fisheries carried over into the next trimester. ACL, NMFS will add the maximum Service (NMFS), National Oceanic and However, any uncaught portion of the carryover available to sectors, as Atmospheric Administration (NOAA), common pool’s total annual quota may specified at § 648.87(b)(1)(i)(C), to the Commerce. not be carried over into the following estimate of total catch for the pertinent ACTION: Temporary rule; area closure. fishing year. stock. Weekly quota monitoring reports for SUMMARY: This action closes the Georges (A) Threshold for implementing the Bank (GB) Cod Trimester Total the common pool fishery are on our Atlantic sea scallop fishery AMs. If Allowable Catch Area to Northeast Web site at: http:// scallop fishery catch exceeds the scallop multispecies common pool vessels www.greateratlantic.fisheries.noaa.gov/ fishery sub-ACLs for any groundfish fishing with trawl gear, sink gillnet gear, ro/fso/MultiMonReports.htm. We will stocks in paragraph (a)(4) of this section and longline/hook gear for the continue to monitor common pool catch by 50 percent or more, or if scallop remainder of Trimester 1, through through vessel trip reports, dealer- fishery catch exceeds the scallop fishery August 31, 2017. The closure is required reported landings, VMS catch reports, sub-ACL by any amount and total catch by regulation because the common pool and other available information and, if exceeds the overall ACL for a given fishery is projected to have caught 90 necessary, we will make additional stock, then the applicable scallop percent of its Trimester 1 quota for GB adjustments to common pool fishery AM will take effect, as specified cod. This closure is intended to prevent management measures. in § 648.64 of the Atlantic sea scallop an overage of the common pool’s quota Classification regulations. for this stock. This action is required by 50 CFR part (B) 2017 and 2018 fishing year DATES: This action is effective July 28, 648 and is exempt from review under threshold for implementing the Atlantic 2017, through August 31, 2017. Executive Order 12866. sea scallop fishery AMs for GB FOR FURTHER INFORMATION CONTACT: The Assistant Administrator for yellowtail flounder and Northern Claire Fitz-Gerald, Fishery Management Fisheries, NOAA, finds good cause windowpane flounder. For the 2017 and Specialist, (978) 281–9255. pursuant to 5 U.S.C. 553(b)(B) and 5 2018 fishing years only, if scallop SUPPLEMENTARY INFORMATION: Federal U.S.C. 553(d)(3) to waive prior notice fishery catch exceeds either GB regulations at § 648.82(n)(2)(ii) require and the opportunity for public comment yellowtail flounder or northern the Regional Administrator to close a and the 30-day delayed effectiveness windowpane flounder sub-ACLs common pool Trimester Total period because it would be specified in paragraph (a)(4) of this Allowable Catch (TAC) Area for a stock impracticable and contrary to the public section, and total catch exceeds the when 90 percent of the Trimester TAC interest. overall ACL for that stock, then the is projected to be caught. The closure The regulations require the Regional applicable scallop fishery AM will take applies to all common pool vessels Administrator to close a trimester TAC effect, as specified in § 648.64 of the fishing with gear capable of catching area to the common pool fishery when Atlantic sea scallop regulations. For the that stock for the remainder of the 90 percent of the Trimester TAC for a 2019 fishing year and onward, the trimester. stock has been caught. Updated catch threshold for implementing scallop As of July 27, 2017, the common pool information only recently became fishery AMs for GB yellowtail flounder fishery is projected to have caught available indicating that the common and northern windowpane flounder will approximately 90 percent of the pool fishery is projected to have caught return to that listed in paragraph Trimester 1 TAC (2.9 mt) for Georges 90 percent of its Trimester 1 TAC for GB mstockstill on DSK30JT082PROD with RULES (a)(5)(iv)(A) of this section. Bank (GB) cod. Effective July 28, 2017, cod as of July 27, 2017. The time the GB Cod Trimester TAC Area is necessary to provide for prior notice and * * * * * closed for the remainder of Trimester 1, comment, and a 30-day delay in § 648.201 [Amended] through August 31, 2017, to all common effectiveness, would prevent the pool vessels fishing on a Northeast immediate closure of the GB Cod ■ 6. In § 648.201, amend paragraph multispecies trip with trawl gear, sink Trimester TAC Area. This increases the (a)(2) by removing ‘‘§ 648.85(d)’’ and gillnet gear, and longline/hook gear. The likelihood that the common pool fishery VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1

Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations 35687 will exceed its trimester or annual quota off the Pacific coast (California, Oregon, estimate and makes its catch level of GB cod to the detriment of this stock, and Washington) in accordance with the recommendations to NMFS. Based on which could undermine management CPS FMP. The CPS FMP states that each these recommendations, NMFS objectives of the Northeast Multispecies year the Secretary will publish in the implements these catch specifications Fishery Management Plan. Additionally, Federal Register the specifications for for each fishing year and publishes the an overage of the trimester or annual all stocks in the actively managed stock specifications annually. Over recent common pool quota could cause category, which includes Pacific years, little new information has been negative economic impacts to the mackerel. In 2013, the Pacific Fishery available for informing Pacific mackerel common pool fishery as a result of Management Council (Council) stock assessments from one year to the overage paybacks deducted from a recommended that the harvest next. Therefore, stock assessment future trimester or fishing year. specification process for Pacific scientists at the Southwest Fisheries Authority: 16 U.S.C. 1801 et seq. mackerel move from a 1-year Science Center (SWFSC), along with the management cycle to a 2-year SSC, concluded that conducting stock Dated: July 27, 2017. management cycle beginning in 2015. assessments annually is not necessary to Jennifer M. Wallace, The Council recommended this revision manage Pacific mackerel sustainably; Acting Director, Office of Sustainable to the management cycle under the CPS conducting assessments every 2 years Fisheries, National Marine Fisheries Service. FMP’s framework mechanism, which can provide the necessary scientific [FR Doc. 2017–16176 Filed 7–28–17; 8:45 am] allows such changes by rulemaking information to continue to manage the BILLING CODE 3510–22–P without formally amending the fishery stock sustainably. Annual landings of management plan itself. NMFS Pacific mackerel have also remained at published separate annual historically low levels with landings DEPARTMENT OF COMMERCE specifications for Pacific mackerel for averaging 5,000 mt over the last 10 the 2015–16 and the 2016–17 fishing years, well below the annual quotas National Oceanic and Atmospheric seasons to keep pace with the schedule over this time period. This highlights Administration of the fishery, and is now changing the that the biomass of this stock is not annual notice requirement under the being greatly impacted by fishing 50 CFR Part 660 framework mechanism of the CPS FMP. pressure. Low landings since 2011 are [Docket No. 160614521–7624–02] From now on, NMFS will implement 2 also one of the limitations of the recent RIN 0648–BF96 years of harvest specifications with one stock assessments because they result in rulemaking, beginning with the 2017 limited fishery-dependent sample Fisheries Off West Coast States; fishing season. information for use in the stock Coastal Pelagic Species Fisheries; The CPS FMP and its implementing assessment. Based on this information, Amendment to Regulations regulations require NMFS to set annual and in light of the monetary and Implementing the Coastal Pelagic catch levels for the Pacific mackerel personnel costs associated with Species Fishery Management Plan; fishery based on the annual conducting and reviewing each stock Change to Pacific Mackerel specification framework and control assessment as well as adopting Management Cycle From Annual to rules in the CPS FMP. These control specifications each year, the Council Biennial rules include the harvest guideline established a new Pacific mackerel control rule, which in conjunction with management and assessment schedule AGENCY: National Marine Fisheries the overfishing limit (OFL), acceptable under which full stock assessments Service (NMFS), National Oceanic and biological catch (ABC) and annual catch would be conducted every 4 years, and Atmospheric Administration (NOAA), limit (ACL) rules in the CPS FMP are in the second year of each cycle, the Commerce. used to manage harvest levels for Pacific assessment will be updated using catch- ACTION: Final rule. mackerel, in accordance with the only projection estimates. Each of these Magnuson-Stevens Fishery assessments would provide the biomass SUMMARY: The Coastal Pelagic Species estimate for the current year as well as Conservation and Management Act, 16 (CPS) Fishery Management Plan (FMP) a projection of what the biomass will be U.S.C. 1801 et seq. Annual estimates of states that each year the Secretary will in the following year. Those biomass biomass are an explicit part of these publish in the Federal Register the final estimates would then be used in the various harvest control rules, therefore, specifications for all stocks in the harvest control rules for Pacific annual stock assessments are currently actively managed stock category, which mackerel, which the Council would use conducted for Pacific mackerel to includes Pacific mackerel. NMFS is to provide NMFS with provide annual estimates of biomass. changing the management framework recommendations for the OFL, ABC and Then, during public meetings each year, for Pacific mackerel so specifications ACL for the following 2 years. the estimated biomass for Pacific will be set biennially instead of on an mackerel from these assessments is This final rule changes the review and annual basis. The purpose of this presented to the Council’s CPS implementation schedule for setting change is to reduce the costs, while Management Team (Team), the Pacific mackerel harvest specifications, providing frequent enough reevaluation Council’s CPS Advisory Subpanel allowing NMFS to implement 2 years of and adjustment in the specifications to (Subpanel) and the Council’s Scientific catch specifications with a single notice manage and conserve Pacific mackerel. and Statistical Committee (SSC), and the and comment rulemaking. Reviewing DATES: Effective August 31, 2017. biomass and the status of the fishery are biomass estimates and implementing mstockstill on DSK30JT082PROD with RULES FOR FURTHER INFORMATION CONTACT: reviewed and discussed. The biomass catch specifications for 2 years at a time Joshua Lindsay, West Coast Region, estimate is then presented to the instead of 1 allows NMFS and the NMFS, (562) 980–4034, Council along with recommendations Council to use available time and Joshua.Lindsay@noaa.gov. and comments from the Team, Subpanel resources in a more efficient manner, SUPPLEMENTARY INFORMATION: NMFS and SSC. Following review by the while still preserving the conservation manages the Pacific mackerel fishery in Council and after hearing public and management goals of the CPS FMP, the U.S. Exclusive Economic Zone (EEZ) comment, the Council adopts a biomass and using the best available science. VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1


Document Created: 2018-10-24 11:42:33
Document Modified: 2018-10-24 11:42:33
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 July 28, 2017, through August 31, 2017.
ContactClaire Fitz-Gerald, Fishery Management Specialist, (978) 281-9255.
FR Citation82 FR 35686 
RIN Number0648-XF58
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