83 FR 61568 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the Common Pool Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 231 (November 30, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 231 (November 30, 2018)
| Page Range | 61568-61569 | |
| FR Document | 2018-26072 |
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)] [Rules and Regulations] [Pages 61568-61569] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26072] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999-6343-02] RIN 0648-XG607 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the Common Pool Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. ----------------------------------------------------------------------- SUMMARY: This action adjusts the possession and trip limits of Georges Bank cod for Northeast multispecies common pool vessels for the remainder of the 2018 fishing year, in order to ensure that the common pool fishery is able to harvest, but not exceed, its annual quota for the stock. These changes are intended to provide the common pool fishery with additional fishing opportunities. DATES: These possession and trip limit adjustment are effective November 29, 2018, through April 30, 2019. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, 978-281-9232. SUPPLEMENTARY INFORMATION: Possession and Trip Limit Increase for Georges Bank Cod The regulations at Sec. 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to help avoid the overharvest or underharvest of the common pool quotas. Based on information reported through October 13, 2018, the common pool fishery has caught 5,797 lb (2.6 mt) of Georges Bank (GB) cod, or approximately 11 percent of its 53,374 lb (24.2 mt) annual quota. At the current rate of fishing, the common pool fishery is not projected to fully harvest its annual quota for the stock by the end of the 2018 fishing year. A moderate increase in the possession and trip limits for the stock will provide additional opportunities with little risk of exceeding the common pool quota of the stock. Effective November 29, 2018, the possession and trip limit of GB cod is increased, as summarized in Table 1. Common pool groundfish vessels that have declared their trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to November 29, 2018, may land at the new possession and trip limits for that trip. Table 1--Current and New Possession and Trip Limits for GB Cod ------------------------------------------------------------------------ Current possession/ New possession/ Permit type trip limits trip limits ------------------------------------------------------------------------ Day-At-Sea (DAS).............. 100 lb (45.4 kg) per 250 lb (113.4 DAS, up to 200 lb kg) per DAS, up (90.7 kg) per trip to 500 lb (Outside of the (226.8 kg) per Eastern U.S./Canada trip. Area). 100 lb (45.4 kg) per DAS, up to 500 lb (226.8 kg) per trip (Inside the Eastern U.S./Canada Area). Handgear A.................... 100 lb (45.4 kg) per 250 lb (113.4 trip. kg) per trip. Handgear B.................... 25 lb (11.3 kg) per unchanged. trip. Small Vessel Category *....... 100 lb (45.4 kg) per 250 lb (113.4 trip. kg) per trip. ------------------------------------------------------------------------ * The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place. [[Page 61569]] Reduction of the GB Cod Trip Limit in the Closed Area II Haddock Special Access Program The projection supporting the increase of the common pool possession and trip limits for GB cod is based on the assumption that the common pool fleet fishes primarily within the Western U.S./Canada area, outside of any Special Access Programs (SAPs), as it has done for several years. As described in 50 CFR 648.85(b), SAPs are established to authorize specific fisheries to allow increased yield of certain target stocks without undermining the achievement of the goals of the Northeast Multispecies Fishery Management Plan. The Closed Area II Haddock SAP (CA2 SAP) has a limit of 1,000 lb (453.6 kg) per trip of GB cod, which is double the GB cod trip limit for common pool vessels not participating in the SAPs. Under a worst-case scenario projection, the common pool fleet could take up to 12 trips within the CA2 SAP at 1,000 lb (453.6 kg) per trip. In this scenario, the common pool could potentially land the entire common pool Eastern GB cod sub-ACL of 11,500 lb (5.2 mt), and could substantially contribute to exceeding the entire common pool GB cod sub-ACL. In order to avoid this worst case scenario that would contribute to the common pool exceeding its quotas, effective November 29, 2018, the trip limit of GB cod for common pool vessels participating in the CA2 SAP is set to 500 lb (226.8 kg) per trip. In addition, this change may help avoid confusion and facilitate enforcement by making the CA2 SAP GB cod trip limit consistent with other common pool limits for the stock. Common pool groundfish vessels participating in the affected SAPs that have declared their trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to November 29, 2018, are not subject new possession and trip limits for that trip. Weekly quota monitoring reports for the common pool fishery can be found on our website 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 catch data used as the basis for this action only recently became available. The available analysis indicates that the increased possession and trip limit adjustments for GB cod will help the fishery achieve the optimum yield (OY) for this stock. Any delay in this action would limit the benefits to common pool vessels that this action is intended to provide. The decrease in the CA2 SAP trip limit reduces the low likelihood of overages should vessels participate in the CA2 SAP. An overage of the common pool quota for this stock would undermine conservation objectives and trigger the implementation of accountability measures that could reduce available catch in the next fishing year, which would have negative economic impacts on the common pool fishery. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would keep NMFS from implementing the necessary possession and trip limit changes in a timely manner, which could prevent the fishery from achieving the OY and cause negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: November 26, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-26072 Filed 11-29-18; 8:45 am] BILLING CODE 3510-22-P
![61568 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations
document corrects a technical error in notice and comment and effective date able to harvest, but not exceed, its
the preamble to the CY 2019 OPPS/ASC requirements. annual quota for the stock. These
final rule with comment period but does changes are intended to provide the
IV. Correction of Errors
not make substantive changes to the common pool fishery with additional
policies or payment methodologies that In FR Doc. 2018–24243 of November fishing opportunities.
were adopted in the final rule. Rather, 21, 2018 (83 FR 58818), make the
DATES: These possession and trip limit
it is intended to ensure that the public following corrections:
1. On page 58818, in the second adjustment are effective November 29,
has 60 days to comment on the payment 2018, through April 30, 2019.
classifications assigned to the interim column, in the DATES section, under the
heading ‘‘Comment Period,’’ correct FOR FURTHER INFORMATION CONTACT:
APC assignments and/or status
‘‘December 3, 2018’’ to read ‘‘January 2, Spencer Talmage, Fishery Management
indicators of new or replacement Level
2019’’. Specialist, 978–281–9232.
II HCPCS codes in the CY 2019 OPPS/
ASC final rule with comment period, Dated: November 26, 2018. SUPPLEMENTARY INFORMATION:
which is the duration of the typical Ann C. Agnew, Possession and Trip Limit Increase for
comment period on these topics. Executive Secretary to the Department, Georges Bank Cod
Department of Health and Human Services.
In addition, even if this were a The regulations at § 648.86(o)
rulemaking to which the notice and [FR Doc. 2018–26079 Filed 11–29–18; 8:45 am]
BILLING CODE 4120–01–P
authorize the Regional Administrator to
comment procedures and delayed adjust the possession and trip limits for
effective date requirements applied, we common pool vessels in order to help
find that there is good cause to waive avoid the overharvest or underharvest of
such requirements. Undertaking further DEPARTMENT OF COMMERCE
the common pool quotas.
notice and comment procedures to
National Oceanic and Atmospheric Based on information reported
incorporate the correction in this
Administration through October 13, 2018, the common
document into the final rule or delaying pool fishery has caught 5,797 lb (2.6 mt)
the effective date would be contrary to of Georges Bank (GB) cod, or
the public interest because it is in the 50 CFR Part 648
approximately 11 percent of its 53,374
public’s interest to have adequate time [Docket No. 151211999–6343–02]
lb (24.2 mt) annual quota. At the current
to comment on the payment RIN 0648–XG607 rate of fishing, the common pool fishery
classifications assigned to the interim is not projected to fully harvest its
APC assignments and/or status Fisheries of the Northeastern United annual quota for the stock by the end of
indicators of new or replacement Level States; Northeast Multispecies the 2018 fishing year. A moderate
II HCPCS codes included in the CY 2019 Fishery; Georges Bank Cod Trip Limit increase in the possession and trip
OPPS/ASC final rule with comment Adjustment for the Common Pool limits for the stock will provide
period. Fishery additional opportunities with little risk
Furthermore, such procedures would AGENCY: National Marine Fisheries of exceeding the common pool quota of
be unnecessary, as we are not altering Service (NMFS), National Oceanic and the stock.
our payment methodologies or policies, Atmospheric Administration (NOAA), Effective November 29, 2018, the
but rather, we are simply correcting the Commerce. possession and trip limit of GB cod is
incorrect comment period end date. ACTION: Temporary rule; inseason increased, as summarized in Table 1.
This correcting document is intended adjustment. Common pool groundfish vessels that
solely to ensure that the comment have declared their trip through the
period end date included in the CY SUMMARY: This action adjusts the vessel monitoring system (VMS) or
2019 OPPS/ASC final rule with possession and trip limits of Georges interactive voice response system, and
comment period is correct for those Bank cod for Northeast multispecies crossed the VMS demarcation line prior
items on which the public can submit common pool vessels for the remainder to November 29, 2018, may land at the
public comments. For these reasons, we of the 2018 fishing year, in order to new possession and trip limits for that
believe we have good cause to waive the ensure that the common pool fishery is trip.
TABLE 1—CURRENT AND NEW POSSESSION AND TRIP LIMITS FOR GB COD
Permit type Current possession/trip limits New possession/trip limits
Day-At-Sea (DAS) .. 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip (Outside of the East- 250 lb (113.4 kg) per DAS, up to 500 lb
ern U.S./Canada Area). (226.8 kg) per trip.
100 lb (45.4 kg) per DAS, up to 500 lb (226.8 kg) per trip (Inside the Eastern
U.S./Canada Area).
Handgear A ............. 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per trip.
Handgear B ............. 25 lb (11.3 kg) per trip ........................................................................................... unchanged.
Small Vessel Cat- 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per trip.
egory *.
* The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place.
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![Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61569
Reduction of the GB Cod Trip Limit in Classification DEPARTMENT OF COMMERCE
the Closed Area II Haddock Special
Access Program This action is required by 50 CFR part National Oceanic and Atmospheric
648 and is exempt from review under Administration
The projection supporting the Executive Order 12866.
increase of the common pool possession The Assistant Administrator for 50 CFR Part 660
and trip limits for GB cod is based on Fisheries, NOAA, finds good cause [Docket No. 171023999–8440–02]
the assumption that the common pool pursuant to 5 U.S.C. 553(b)(B) and 5
fleet fishes primarily within the Western U.S.C. 553(d)(3) to waive prior notice RIN 0648–XG581
U.S./Canada area, outside of any Special and the opportunity for public comment
Access Programs (SAPs), as it has done Magnuson-Stevens Act Provisions;
and the 30-day delayed effectiveness Fisheries Off West Coast States;
for several years. As described in 50 period because it would be
CFR 648.85(b), SAPs are established to Pacific Coast Groundfish Fishery; 2018
impracticable and contrary to the public Tribal Fishery Allocations for Pacific
authorize specific fisheries to allow
interest. Whiting; Reapportionment Between
increased yield of certain target stocks
without undermining the achievement The catch data used as the basis for Tribal and Non-tribal Sectors
of the goals of the Northeast this action only recently became AGENCY: National Marine Fisheries
Multispecies Fishery Management Plan. available. The available analysis Service (NMFS), National Oceanic and
The Closed Area II Haddock SAP (CA2 indicates that the increased possession Atmospheric Administration (NOAA),
SAP) has a limit of 1,000 lb (453.6 kg) and trip limit adjustments for GB cod Commerce.
per trip of GB cod, which is double the will help the fishery achieve the ACTION: Temporary rule;
GB cod trip limit for common pool optimum yield (OY) for this stock. Any reapportionment of tribal Pacific
vessels not participating in the SAPs. delay in this action would limit the whiting allocation.
Under a worst-case scenario benefits to common pool vessels that
this action is intended to provide. SUMMARY: This document announces the
projection, the common pool fleet could reapportionment of 40,000 metric tons
take up to 12 trips within the CA2 SAP The decrease in the CA2 SAP trip
of Pacific whiting from the tribal
at 1,000 lb (453.6 kg) per trip. In this limit reduces the low likelihood of allocation to the non-tribal commercial
scenario, the common pool could overages should vessels participate in fishery sectors via automatic action on
potentially land the entire common pool the CA2 SAP. An overage of the September 24, 2018. This
Eastern GB cod sub-ACL of 11,500 lb common pool quota for this stock would reapportionment is to allow full
(5.2 mt), and could substantially undermine conservation objectives and utilization of the Pacific whiting
contribute to exceeding the entire trigger the implementation of resource.
common pool GB cod sub-ACL. accountability measures that could
DATES: The reapportionment of Pacific
In order to avoid this worst case reduce available catch in the next
whiting was applicable from 12 noon
scenario that would contribute to the fishing year, which would have negative
local time, September 24, 2018 through
common pool exceeding its quotas, economic impacts on the common pool December 31, 2018. Comments will be
effective November 29, 2018, the trip fishery. accepted through December 17, 2018.
limit of GB cod for common pool vessels The time necessary to provide for ADDRESSES: You may submit comments,
participating in the CA2 SAP is set to prior notice and comment, and a 30-day identified by NOAA–NMFS–2017–0160
500 lb (226.8 kg) per trip. In addition, delay in effectiveness, would keep by any of the following methods:
this change may help avoid confusion NMFS from implementing the necessary • Electronic Submissions: Submit all
and facilitate enforcement by making possession and trip limit changes in a electronic public comments via the
the CA2 SAP GB cod trip limit timely manner, which could prevent the Federal eRulemaking Portal at
consistent with other common pool fishery from achieving the OY and cause www.regulations.gov/
limits for the stock. negative economic impacts to the #!docketDetail;D=NOAA-NMFS-2017-
Common pool groundfish vessels common pool fishery. 0160. Click the ‘‘Comment Now!’’ icon,
participating in the affected SAPs that complete the required fields, and enter
Authority: 16 U.S.C. 1801 et seq.
have declared their trip through the or attach your comments.
vessel monitoring system (VMS) or Dated: November 26, 2018. • Mail: Barry A. Thom, Regional
interactive voice response system, and Karen H. Abrams, Administrator, West Coast Region,
crossed the VMS demarcation line prior Acting Director, Office of Sustainable NMFS, 7600 Sand Point Way NE,
to November 29, 2018, are not subject Fisheries, National Marine Fisheries Service. Seattle, WA 98115–0070, Attn: Miako
new possession and trip limits for that [FR Doc. 2018–26072 Filed 11–29–18; 8:45 am]
Ushio.
trip. Instructions: Comments sent by any
BILLING CODE 3510–22–P
other method to any other address or
Weekly quota monitoring reports for individual, or received after the end of
the common pool fishery can be found the comment period, may not be
on our website at: http:// considered by NMFS. All comments
www.greateratlantic.fisheries.noaa.gov/ received are a part of the public record.
ro/fso/MultiMonReports.htm. We will All personal identifying information
continue to monitor common pool catch (e.g., name, address, etc.), confidential
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through vessel trip reports, dealer- business information, or otherwise
reported landings, VMS catch reports, sensitive information submitted
and other available information and, if voluntarily by the sender will be
necessary, we will make additional publicly accessible. NMFS will accept
adjustments to common pool anonymous comments (enter ‘‘N/A’’ in
management measures. the required fields if you wish to remain
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Document Created: 2018-11-30 04:35:27
Document Modified: 2018-11-30 04:35:27
| 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; inseason adjustment. | |
| Dates | These possession and trip limit adjustment are effective November 29, 2018, through April 30, 2019. | |
| Contact | Spencer Talmage, Fishery Management Specialist, 978-281-9232. | |
| FR Citation | 83 FR 61568 | |
| RIN Number | 0648-XG60 |
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