82 FR 3676 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession Prohibition for the Common Pool Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 8 (January 12, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 8 (January 12, 2017)
| Page Range | 3676-3676 | |
| FR Document | 2017-00484 |
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)] [Rules and Regulations] [Page 3676] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00484] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999-6343-02] RIN 0648-XF133 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession Prohibition 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. ----------------------------------------------------------------------- SUMMARY: This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels and prohibits the possession of Georges Bank cod by common pool vessels for the remainder of the fishing year, through April 30, 2017. The common pool fishery has exceeded its annual quota for Georges Bank cod. The closure and possession prohibition are intended to prevent further overage of the common pool's quota for this stock. DATES: This action is effective January 9, 2017, through April 30, 2017. FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management Specialist, (978) 281-9236. 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 on a groundfish trip using gear capable of catching that stock for the remainder of the trimester. As of December 26, 2016, the common pool fishery has exceeded its annual TAC for Georges Bank (GB) cod by 0.3 mt, or 2.7 percent. Additionally, any overages in Trimesters 1 and 2 must be deducted from the Trimester 3 TAC. The combined overages in Trimesters 1 and 2 (4.7 mt) exceed the Trimester 3 TAC of 4.3 mt. As a result, there is no TAC available to be harvested in Trimester 3. Effective January 9, 2017, the GB Cod Trimester TAC Area is closed for the remainder of the fishing year, through April 30, 2017, to all common pool vessels fishing on a groundfish 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 fishing year 2017 on May 1, 2017. Data indicates that common pool vessels have caught a significant portion of the total catch from outside the statistical areas that will be affected by the closure described above. The Regional Administrator is authorized under 50 CFR 648.86(o)(1) to adjust possession and trip limits for common pool vessels to prevent exceeding the pertinent common pool quotas during the fishing year. To prevent the common pool from further exceeding its quota and discourage fishing behavior that results in bycatch of GB cod in areas not affected by the closure, the possession of GB cod by all common pool vessels is prohibited, effective January 9, 2017, through April 30, 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 January 9, 2017, it may complete its trip within the Trimester TAC Area. Additionally, such vessels are not subject to the new possession prohibition for that trip. A vessel that has set gillnet gear prior to January 9, 2017, may complete its trip by hauling such gear and will not be subject to the new possession limit on that trip for fish caught with that gear. Weekly quota monitoring reports for the common pool fishery are on our Web site at: www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. Because the common pool fishery has exceeded its annual quota for GB cod in the 2016 fishing year, the overage will be deducted from the common pool's annual quota for fishing year 2017. The final 2016 overage, and the adjustment to the 2017 common pool quota, will be announced as close to May 1, 2017, as possible, once final catch information for the 2016 fishing year are available. We will continue to monitor common pool catch through vessel trip reports, dealer-reported landings, VMS catch reports, and other available information. 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 had exceeded its annual quota for GB cod. 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 3 TAC Area and prohibition of GB cod possession. Delaying the effective date of a closure and possession prohibition may increase the overage in fishing year 2016 that will need to be deducted from next year's quota. This would be to the detriment of the GB cod stock, and could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additionally, the overage of the common pool quota could cause negative economic impacts to the common pool fishery as a result of required catch limit deductions in the 2017 fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: January 6, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-00484 Filed 1-9-17; 8:45 am] BILLING CODE 3510-22-P
![3676 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
of Fishing on Essential Fish Habitat. FOR FURTHER INFORMATION CONTACT: Kyle Weekly quota monitoring reports for
NOAA Technical Memorandum NMFS– Molton, Fishery Management Specialist, the common pool fishery are on our
NE–181. (978) 281–9236. Web site at:
Waring, G.T., E. Josephson, C.P. Fairfield and www.greateratlantic.fisheries.noaa.gov/
K. Maze-Foley, editors. 2006. U.S. SUPPLEMENTARY INFORMATION: Federal
Atlantic and Gulf of Mexico Marine regulations at 50 CFR 648.82(n)(2)(ii) ro/fso/MultiMonReports.htm. Because
Mammal Stocks Assessments, 2005. require the Regional Administrator to the common pool fishery has exceeded
NOAA Technical Memorandum NOAA– close a common pool Trimester Total its annual quota for GB cod in the 2016
NE–194. Allowable Catch (TAC) Area for a stock fishing year, the overage will be
Waring, G.T., E. Josephson, K. Maze-Foley, when 90 percent of the Trimester TAC deducted from the common pool’s
and P.E. Rosel, editors. 2015. U.S. is projected to be caught. The closure annual quota for fishing year 2017. The
Atlantic and Gulf of Mexico Marine applies to all common pool vessels on final 2016 overage, and the adjustment
Mammal Stocks Assessments, 2014. to the 2017 common pool quota, will be
NOAA Technical Memorandum NOAA–
a groundfish trip using gear capable of
catching that stock for the remainder of announced as close to May 1, 2017, as
NE–231. 355 p. possible, once final catch information
Waring, G.T., E. Josephson, K. Maze-Foley, the trimester.
and P.E. Rosel, editors. 2016. U.S. As of December 26, 2016, the common for the 2016 fishing year are available.
Atlantic and Gulf of Mexico Marine pool fishery has exceeded its annual We will continue to monitor common
Mammal Stocks Assessments, 2015. TAC for Georges Bank (GB) cod by 0.3 pool catch through vessel trip reports,
NOAA Technical Memorandum NOAA– mt, or 2.7 percent. Additionally, any dealer-reported landings, VMS catch
NE–238. 512 p. overages in Trimesters 1 and 2 must be reports, and other available information.
Dated: January 5, 2017. deducted from the Trimester 3 TAC. Classification
Samuel D. Rauch III, The combined overages in Trimesters 1 This action is required by 50 CFR part
Deputy Assistant Administrator for and 2 (4.7 mt) exceed the Trimester 3 648 and is exempt from review under
Regulatory Programs, National Marine TAC of 4.3 mt. As a result, there is no Executive Order 12866.
Fisheries Service. TAC available to be harvested in The Assistant Administrator for
[FR Doc. 2017–00250 Filed 1–11–17; 8:45 am] Trimester 3. Fisheries, NOAA, finds good cause
BILLING CODE 3510–22–P Effective January 9, 2017, the GB Cod pursuant to 5 U.S.C. 553(b)(B) and 5
Trimester TAC Area is closed for the U.S.C. 553(d)(3) to waive prior notice
remainder of the fishing year, through and the opportunity for public comment
DEPARTMENT OF COMMERCE April 30, 2017, to all common pool and the 30-day delayed effectiveness
vessels fishing on a groundfish trip with period because it would be
National Oceanic and Atmospheric trawl gear, sink gillnet gear, and impracticable and contrary to the public
Administration longline/hook gear. The GB Cod interest.
Trimester TAC Area consists of Regulations require the Regional
50 CFR Part 648 statistical areas 521, 522, 525, and 561. Administrator to close a trimester TAC
The area reopens at the beginning of area to the common pool fishery when
[Docket No. 151211999–6343–02] fishing year 2017 on May 1, 2017. 90 percent of the Trimester TAC for a
Data indicates that common pool stock has been caught. Updated catch
RIN 0648–XF133 vessels have caught a significant portion information only recently became
of the total catch from outside the available indicating that the common
Fisheries of the Northeastern United statistical areas that will be affected by pool fishery had exceeded its annual
States; Northeast Multispecies the closure described above. The quota for GB cod. The time necessary to
Fishery; Georges Bank Cod Trimester Regional Administrator is authorized provide for prior notice and comment,
Total Allowable Catch Area Closure under 50 CFR 648.86(o)(1) to adjust and a 30-day delay in effectiveness,
and Possession Prohibition for the possession and trip limits for common prevents the immediate closure of the
Common Pool Fishery pool vessels to prevent exceeding the GB Cod Trimester 3 TAC Area and
pertinent common pool quotas during prohibition of GB cod possession.
AGENCY: National Marine Fisheries the fishing year. To prevent the common Delaying the effective date of a closure
Service (NMFS), National Oceanic and pool from further exceeding its quota and possession prohibition may
Atmospheric Administration (NOAA), and discourage fishing behavior that increase the overage in fishing year 2016
Commerce. results in bycatch of GB cod in areas not that will need to be deducted from next
ACTION: Temporary rule; area closure affected by the closure, the possession year’s quota. This would be to the
and inseason adjustment. of GB cod by all common pool vessels detriment of the GB cod stock, and
is prohibited, effective January 9, 2017, could undermine management
SUMMARY: This action closes the Georges through April 30, 2017. objectives of the Northeast Multispecies
Bank Cod Trimester Total Allowable If a vessel declared its trip through the Fishery Management Plan. Additionally,
Catch Area to Northeast multispecies Vessel Monitoring System (VMS) or the the overage of the common pool quota
common pool vessels and prohibits the interactive voice response system, and could cause negative economic impacts
possession of Georges Bank cod by crossed the VMS demarcation line prior to the common pool fishery as a result
common pool vessels for the remainder to January 9, 2017, it may complete its of required catch limit deductions in the
of the fishing year, through April 30, trip within the Trimester TAC Area. 2017 fishing year.
2017. The common pool fishery has Additionally, such vessels are not
Authority: 16 U.S.C. 1801 et seq.
mstockstill on DSK3G9T082PROD with RULES
exceeded its annual quota for Georges subject to the new possession
Bank cod. The closure and possession prohibition for that trip. A vessel that Dated: January 6, 2017.
prohibition are intended to prevent has set gillnet gear prior to January 9, Emily H. Menashes,
further overage of the common pool’s 2017, may complete its trip by hauling Acting Director, Office of Sustainable
quota for this stock. such gear and will not be subject to the Fisheries, National Marine Fisheries Service.
DATES: This action is effective January 9, new possession limit on that trip for fish [FR Doc. 2017–00484 Filed 1–9–17; 8:45 am]
2017, through April 30, 2017. caught with that gear. BILLING CODE 3510–22–P
VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 E:\FR\FM\12JAR1.SGM 12JAR1](https://thefederalregister.org/doc/82_FR_3684/page/1.svg)
Document Created: 2017-03-21 14:40:32
Document Modified: 2017-03-21 14:40:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; area closure and inseason adjustment. | |
| Dates | This action is effective January 9, 2017, through April 30, 2017. | |
| Contact | Kyle Molton, Fishery Management Specialist, (978) 281-9236. | |
| FR Citation | 82 FR 3676 | |
| RIN Number | 0648-XF13 |
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