82 FR 48007 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for the Common Pool; Possession Prohibition for the Common Pool Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 198 (October 16, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 48007-48008 | |
| FR Document | 2017-22347 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Rules and Regulations] [Pages 48007-48008] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22347] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999-6343-02] RIN 0648-XF747 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for the Common Pool; 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: We are closing the Georges Bank Cod Trimester Total Allowable Catch Area for the remainder of Trimester 2, through December 31, 2017. This action also prohibits possession of Georges Bank cod by common pool vessels for the remainder of the fishing year, through April 30, 2018. In addition, we are reducing the 2017 fishing year Georges Bank cod sub-annual catch limit for the common pool due to an overage in fishing year 2016. DATES: Effective October 11, 2017, through April 30, 2018. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, (978) 281-9232, [email protected]. SUPPLEMENTARY INFORMATION: We recently approved Framework Adjustment 56, which set 2017 annual catch limits (ACLs) for groundfish stocks (82 FR 16133). The possibility of minor adjustments and corrections was noted in the Framework 56 proposed and final rules because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. Based on final 2016 catch information that recently became available, the fishing year 2016 common pool sub-ACL for Georges Bank (GB) cod was exceeded by 2.8 metric tons (mt). If the common pool sub- ACL for any stock is exceeded, we are required to reduce the common pool sub-ACL by the amount of the overage in the next fishing year. Therefore, this action reduces the fishing year 2017 GB cod common pool sub-ACL by 2.8 mt, which results in a revised 2017 GB cod common pool sub-ACL of 7.0 mt. The revised Trimester Total Allowable Catches (TACs) are provided in Table 1. Table 1--Current and Revised Georges Bank Cod Trimester TACs ------------------------------------------------------------------------ Trimester 1 Trimester 2 Trimester 3 ------------------------------------------------------------------------ Allocation Percentage........ 25%.......... 37%......... 38%. Current Trimester TAC........ 2.4 mt....... 3.6 mt...... 3.7 mt. Revised Trimester TAC........ 1.7 mt....... 2.6 mt...... 2.7 mt. ------------------------------------------------------------------------ As of October 3, 2017, the common pool fishery is projected to have caught 123 percent of the adjusted Trimester 2 TAC (2.6 mt) for GB cod. Additionally, the common pool fishery has caught 83 percent of its adjusted 2017 sub-ACL, and has only 1.2 mt left for the remainder of the fishing year. Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester 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 a result, effective October 11, 2017, the GB Cod Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2017, to all common pool vessels fishing on a Northeast multispecies trip with trawl gear, sink gillnet gear, and longline/hook gear, including handgear vessels. 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, 2018. Data indicate 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 [[Page 48008]] pertinent common pool quotas during the fishing year. Given this, and because the common pool has caught more than 80 percent of its annual quota, the possession of GB cod by all common pool vessels is prohibited effective October 11, 2017, through April 30, 2018. This action is intended to prevent the common pool from further exceeding its Trimester 2 TAC or from exceeding its annual quota. 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 October 11, 2017, it may complete its trip within the Trimester TAC Area. A vessel that has set gillnet gear prior to October 11, 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 The NMFS Assistant Administrator has determined that this temporary rule is consistent with the Northeast Multispecies Fishery Management Plan, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. This action is exempt from the procedures of Executive Order 12866 because this action contains no implementing regulations. 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. There are several reasons that notice and comment are impracticable, unnecessary, and contrary to the public interest. First, the proposed and final rules for Framework 56 explained the possibility of minor adjustments and corrections because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. These adjustments are routine and formulaic, required by regulation, and anticipated by industry. No comments were received on the potential for these adjustments, which provide an accurate accounting of the common pool's allocation. 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 123 percent of its Trimester 2 TAC for GB cod as of October 3, 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 and prohibition of GB cod possession. Not closing the area immediately and prohibiting GB cod possession increases the likelihood that the common pool fishery will further exceed its trimester TAC, or exceed its annual quota, to the detriment of this stock, which could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additional overages would negatively affect the common pool fishery as a result of future overage paybacks or premature closures of the fishery. Authority: 16 U.S.C. 1801 et seq. Dated: October 11, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-22347 Filed 10-11-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 48007
7311 required the testing to Issued in Washington, DC on October 10, common pool vessels for the remainder
‘‘objectively, accurately, and reliably 2017, under authority delegated in 49 CFR of the fishing year, through April 30,
part 1.97. 2018. In addition, we are reducing the
measure[s] the performance of ECP
brake systems relative to other braking Drue Pearce, 2017 fishing year Georges Bank cod sub-
technologies or systems, such as Acting Administrator, Pipeline and annual catch limit for the common pool
Hazardous Materials Safety Administration. due to an overage in fishing year 2016.
distributed power and 2-way end-of-
[FR Doc. 2017–22281 Filed 10–13–17; 8:45 am]
train devices.’’ The FAST Act also DATES: Effective October 11, 2017,
BILLING CODE 4910–60–P
provided for GAO review of the through April 30, 2018.
potential costs and benefits of ECP
FOR FURTHER INFORMATION CONTACT:
brakes. In response, GAO completed an
DEPARTMENT OF COMMERCE Spencer Talmage, Fishery Management
evaluation of the business benefits,
Specialist, (978) 281–9232,
safety benefits, and costs that DOT National Oceanic and Atmospheric spencer.talmage@noaa.gov.
estimated in the RIA for the final rule.4 Administration
Additionally, GAO recently completed a SUPPLEMENTARY INFORMATION: We
second evaluation comparing the 50 CFR Part 648 recently approved Framework
forecasted values of certain data points Adjustment 56, which set 2017 annual
[Docket No. 151211999–6343–02] catch limits (ACLs) for groundfish
that were used to support DOT’s ECP
brake analysis.5 Both audits are RIN 0648–XF747 stocks (82 FR 16133). The possibility of
discussed in the updated RIA. minor adjustments and corrections was
Fisheries of the Northeastern United noted in the Framework 56 proposed
PHMSA is providing the public with States; Northeast Multispecies and final rules because final allocations
an opportunity to comment on the Fishery; Trimester 2 Georges Bank are not always available at the time of
updated RIA. To enable PHMSA to meet Cod Total Allowable Catch Area the rulemaking for the upcoming fishing
section 7311’s deadline, all comments Closure; Updated 2017 Georges Bank year.
must be received in the docket Cod Annual Catch Limit for the Based on final 2016 catch information
referenced in the ADDRESSES section of Common Pool; Possession Prohibition that recently became available, the
this document by November 1, 2017. for the Common Pool Fishery fishing year 2016 common pool sub-
Comments received after that date will ACL for Georges Bank (GB) cod was
AGENCY: National Marine Fisheries
be considered to the extent practicable, exceeded by 2.8 metric tons (mt). If the
Service (NMFS), National Oceanic and
provided the comments do not result in common pool sub-ACL for any stock is
Atmospheric Administration (NOAA),
additional delay or expense. All Commerce. exceeded, we are required to reduce the
documents and comments related to this common pool sub-ACL by the amount of
ACTION: Temporary rule; area closure
matter, including the updated RIA, are the overage in the next fishing year.
and inseason adjustment.
available for review at http:// Therefore, this action reduces the
www.regulations.gov in docket number SUMMARY: We are closing the Georges fishing year 2017 GB cod common pool
PHMSA–2017–0102. Bank Cod Trimester Total Allowable sub-ACL by 2.8 mt, which results in a
Catch Area for the remainder of revised 2017 GB cod common pool sub-
Trimester 2, through December 31, ACL of 7.0 mt. The revised Trimester
2017. This action also prohibits Total Allowable Catches (TACs) are
possession of Georges Bank cod by provided in Table 1.
TABLE 1—CURRENT AND REVISED GEORGES BANK COD TRIMESTER TACS
Trimester Trimester Trimester
1 2 3
Allocation Percentage ......................................................................................................................................... 25% ....... 37% ........ 38%.
Current Trimester TAC ........................................................................................................................................ 2.4 mt ..... 3.6 mt ..... 3.7 mt.
Revised Trimester TAC ....................................................................................................................................... 1.7 mt ..... 2.6 mt ..... 2.7 mt.
As of October 3, 2017, the common The closure applies to all common pool consists of statistical areas 521, 522,
pool fishery is projected to have caught vessels fishing with gear capable of 525, and 561. The area reopens at the
123 percent of the adjusted Trimester 2 catching that stock for the remainder of beginning of Trimester 3, on January 1,
TAC (2.6 mt) for GB cod. Additionally, the trimester. 2018.
the common pool fishery has caught 83 As a result, effective October 11, 2017, Data indicate that common pool
percent of its adjusted 2017 sub-ACL, the GB Cod Trimester TAC Area is vessels have caught a significant portion
and has only 1.2 mt left for the closed for the remainder of Trimester 2, of the total catch from outside the
remainder of the fishing year. Federal through December 31, 2017, to all statistical areas that will be affected by
regulations at 50 CFR 648.82(n)(2)(ii) common pool vessels fishing on a the closure described above. The
require the Regional Administrator to Northeast multispecies trip with trawl Regional Administrator is authorized
jstallworth on DSKBBY8HB2PROD with RULES
close a common pool Trimester TAC gear, sink gillnet gear, and longline/ under 50 CFR 648.86(o)(1) to adjust
Area for a stock when 90 percent of the hook gear, including handgear vessels. possession and trip limits for common
Trimester TAC is projected to be caught. The GB Cod Trimester TAC Area pool vessels to prevent exceeding the
statutory deadline. As an alternative, to meet the 4 DOT’s Rulemaking on Electronically Controlled 5 2015 Electronically Controlled Pneumatic Brake
intent of the FAST Act, DOT conducted the testing Pneumatic Brakes Could Benefit from Additional Rule: Comparison of DOT Forecasts for Selected
itself and contracted with NAS to review and Data and Transparency, GAO–17–122, Oct 12, 2016. Data Points for 2015 and 2016 to Preliminary Data
monitor the test plan. for Those Years, GAO–17–567R, May 31, 2017
VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/82_FR_48205/page/1.svg)
![48008 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
pertinent common pool quotas during There are several reasons that notice Atmospheric Administration (NOAA),
the fishing year. Given this, and because and comment are impracticable, Commerce.
the common pool has caught more than unnecessary, and contrary to the public ACTION: Temporary rule; quota transfer.
80 percent of its annual quota, the interest. First, the proposed and final
possession of GB cod by all common rules for Framework 56 explained the SUMMARY: NMFS announces that the
pool vessels is prohibited effective possibility of minor adjustments and State of North Carolina is transferring a
October 11, 2017, through April 30, corrections because final allocations are portion of its 2017 commercial summer
2018. This action is intended to prevent not always available at the time of the flounder quota to the State of New York.
the common pool from further rulemaking for the upcoming fishing This quota adjustment is necessary to
exceeding its Trimester 2 TAC or from year. These adjustments are routine and comply with the Summer Flounder,
exceeding its annual quota. formulaic, required by regulation, and Scup, and Black Sea Bass Fishery
If a vessel declared its trip through the anticipated by industry. No comments Management Plan quota transfer
Vessel Monitoring System (VMS) or the were received on the potential for these provisions. This announcement informs
interactive voice response system, and adjustments, which provide an accurate the public of the revised commercial
crossed the VMS demarcation line prior accounting of the common pool’s quotas for North Carolina and New
to October 11, 2017, it may complete its allocation. York.
trip within the Trimester TAC Area. A The regulations require the Regional
vessel that has set gillnet gear prior to Administrator to close a trimester TAC DATES: Effective October 13, 2017,
October 11, 2017, may complete its trip area to the common pool fishery when through December 31, 2017.
by hauling such gear. 90 percent of the Trimester TAC for a FOR FURTHER INFORMATION CONTACT:
Any overage of the Trimester 1 or 2 stock has been caught. Updated catch Cynthia Hanson, Fishery Management
TACs must be deducted from the information only recently became Specialist, (978) 281–9180.
Trimester 3 TAC. If the common pool available indicating that the common SUPPLEMENTARY INFORMATION:
fishery exceeds its total quota for a stock pool fishery is projected to have caught Regulations governing the summer
in the 2017 fishing year, the overage 123 percent of its Trimester 2 TAC for flounder fishery are found in 50 CFR
must be deducted from the common GB cod as of October 3, 2017. The time 648.100 through 648.110. These
pool’s quota for that stock for fishing necessary to provide for prior notice and regulations require annual specification
year 2018. Any uncaught portion of the comment, and a 30-day delay in of a commercial quota that is
Trimester 1 and Trimester 2 TACs is effectiveness, would prevent the apportioned among the coastal states
carried over into the next trimester. immediate closure of the GB Cod from Maine through North Carolina. The
However, any uncaught portion of the Trimester TAC Area and prohibition of process to set the annual commercial
common pool’s total annual quota may GB cod possession. Not closing the area quota and the percent allocated to each
not be carried over into the following immediately and prohibiting GB cod state is described in § 648.102, and the
fishing year. possession increases the likelihood that initial 2017 allocations were published
Weekly quota monitoring reports for the common pool fishery will further on December 22, 2016 (81 FR 93842).
the common pool fishery are on our exceed its trimester TAC, or exceed its The final rule implementing
Web site at: http:// annual quota, to the detriment of this Amendment 5 to the Summer Flounder
www.greateratlantic.fisheries.noaa.gov/ stock, which could undermine Fishery Management Plan, as published
ro/fso/MultiMonReports.htm. We will management objectives of the Northeast in the Federal Register on December 17,
continue to monitor common pool catch Multispecies Fishery Management Plan. 1993 (58 FR 65936), provided a
through vessel trip reports, dealer- Additional overages would negatively mechanism for transferring summer
reported landings, VMS catch reports, affect the common pool fishery as a flounder commercial quota from one
and other available information and, if result of future overage paybacks or state to another. Two or more states,
necessary, we will make additional premature closures of the fishery. under mutual agreement and with the
adjustments to common pool Authority: 16 U.S.C. 1801 et seq. concurrence of the NMFS Greater
management measures.
Dated: October 11, 2017. Atlantic Regional Administrator, can
Classification Emily H. Menashes, transfer or combine summer flounder
The NMFS Assistant Administrator Acting Director, Office of Sustainable commercial quota under § 648.102(c)(2).
has determined that this temporary rule Fisheries, National Marine Fisheries Service. The Regional Administrator is required
is consistent with the Northeast [FR Doc. 2017–22347 Filed 10–11–17; 4:15 pm] to consider the criteria in
Multispecies Fishery Management Plan, BILLING CODE 3510–22–P
§ 648.102(c)(2)(i)(A) through (C) in the
other provisions of the Magnuson- evaluation of requests for quota transfers
Stevens Fishery Conservation and or combinations.
Management Act, and other applicable DEPARTMENT OF COMMERCE North Carolina is transferring 3,000 lb
law. (1,361 kg) of summer flounder
This action is exempt from the National Oceanic and Atmospheric commercial quota to New York. This
procedures of Executive Order 12866 Administration transfer was requested to repay landings
because this action contains no by a North Carolina-permitted vessel
implementing regulations. 50 CFR Part 648 that landed in New York under a safe
The Assistant Administrator for [Docket No. 161017970–6999–02] harbor agreement.
Fisheries, NOAA, finds good cause The revised summer flounder quotas
jstallworth on DSKBBY8HB2PROD with RULES
pursuant to 5 U.S.C. 553(b)(B) and 5 RIN 0648–XF721 for calendar year 2017 are now: North
U.S.C. 553(d)(3) to waive prior notice Carolina, 1,536,693 lb (697,032 kg); and
Fisheries of the Northeastern United
and the opportunity for public comment New York, 435,764 lb (197,659 kg);
States; Summer Flounder Fishery;
and the 30-day delayed effectiveness based on the initial quotas published in
Quota Transfer
period because it would be the 2017 Summer Flounder, Scup, and
impracticable and contrary to the public AGENCY: National Marine Fisheries Black Sea Bass Specifications and
interest. Service (NMFS), National Oceanic and subsequent transfers.
VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/82_FR_48205/page/2.svg)
Document Created: 2017-10-14 01:42:53
Document Modified: 2017-10-14 01:42:53
| 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 | Effective October 11, 2017, through April 30, 2018. | |
| Contact | Spencer Talmage, Fishery Management Specialist, (978) 281-9232, [email protected] | |
| FR Citation | 82 FR 48007 | |
| RIN Number | 0648-XF74 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR