[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53832-53833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22141]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0151-02]
RIN 0648-XA652


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Decrease for the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment of trip limit.

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SUMMARY: NMFS decreases the trip limits for Gulf of Maine (GOM) and 
George's Bank (GB) cod for Northeast (NE) multispecies common pool 
vessels for the 2011 fishing year (FY), through April 30, 2012. This 
action is authorized under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), and by 
the regulations implementing Amendment 16 and Framework Adjustment (FW) 
44 to the NE Multispecies Fishery Management Plan (FMP). The action is 
intended to reduce the harvest of GOM and GB cod to prevent the common 
pool sub-annual catch limit (sub-ACL) from being exceeded.

DATES: Effective August 30, 2011, through April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management 
Specialist, (978) 675-2153, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies 
fishery are found at 50 CFR part 648, subpart F. The regulations at 
Sec.  648.86(o) authorize the NMFS NE Regional Administrator (RA) to 
adjust the trip limits for common pool vessels in order to optimize the 
harvest of NE regulated multispecies by preventing the overharvest or 
underharvest of stocks subject to sub-ACLs. For FY 2011, the common 
pool sub-ACL for GOM cod is 229,281 lb (104 mt). The current trip limit 
for GOM cod is 500 lb (226.8 kg) per day-at-sea (DAS), up to 2,000 lb 
(907.2 kg) per trip (76 FR 23042; April 25, 2011). The common pool sub-
ACL for GB cod is 205,030 lb (93 mt). The current trip limit for GB cod 
is 3,000 lb (1,360.8 kg) per day-at-sea (DAS), up to 30,000 lb 
(13,607.8 kg) per trip (76 FR 30035; May 24, 2011).
    As of August 11, 2011, based on the best available catch 
information, including Vessel Monitoring System (VMS) reports, dealer 
reports, and vessel trip reports, approximately 57 percent of the GOM 
cod, and 59 percent of the GB

[[Page 53833]]

cod of the common pool sub-ACLs have been harvested.
    This action decreases the GOM cod trip limit to 350 lb (158.8 kg) 
per DAS, up to 1,000 lb (453.6 kg) per trip and decreases the GB cod 
trip limit to 300 lb (136.1 kg) per DAS, up to 600 lb (272.2 kg) per 
trip, for common pool vessels, effective August 30, 2011, through April 
30, 2012, to reduce harvest of these stocks and prevent the overharvest 
of their respective sub-ACLs This action does not change the current GB 
cod trip limit for vessels with a Handgear A permit (300 lb (136.1 kg) 
per trip), Handgear B permit (75 lb (34.0 kg) per trip), or Small 
Vessel Category permit (300 lb (136.1 kg) of cod, haddock, and 
yellowtail flounder combined). Catch will continue to be monitored 
through dealer-reported landings, VMS catch reports, and other 
available information, and if necessary, additional adjustments to 
common pool management measures may be made.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the 
opportunity for public comment for this inseason adjustment because 
notice and comment would be impracticable and contrary to the public 
interest. The regulations at Sec.  648.86(o) grant the RA authority to 
adjust the NE multispecies trip limits for common pool vessels in order 
to prevent the overharvest or underharvest of the pertinent common pool 
sub-ACLs. This action decreases the trip limits for GOM and GB cod to 
reduce their harvest in order to prevent the common pool sub-ACLs from 
being exceeded. The time necessary to provide for prior notice and 
comment would prevent NMFS from implementing the necessary trip limit 
adjustments in a timely manner. A resulting delay in the reduction of 
trip limits would allow for continued higher catch rates and 
potentially allow the pertinent common pool sub-ACLs to be exceeded. 
This is contrary to the agency's obligation under the Magnuson-Stevens 
Act to prevent overfishing. Further, if the sub-ACLs are exceeded, this 
would trigger the implementation of accountability measures that will 
have negative economic impacts on the participants in the common pool. 
Giving effect to this rule as soon as possible will prevent these 
unnecessary impacts.
    Further, the AA finds good cause pursuant to 5 U.S.C. 553(d)(3) to 
waive the 30-day delay in effectiveness for this action. This action 
decreases the trip limits for GOM and GB cod to reduce their harvest in 
order to prevent the common pool sub-ACLs from being exceeded. A delay 
in the reduction of trip limits would allow for continued higher catch 
rates and potentially allow the pertinent common pool sub-ACLs to be 
exceeded. This is contrary to the agency's obligation under the 
Magnuson-Stevens Act to prevent overfishing. Further, if the sub-ACLs 
are exceeded, this would trigger the implementation of accountability 
measures that will have negative economic impacts on the participants 
in the common pool. Giving effect to this rule as soon as possible will 
prevent these unnecessary impacts

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

    Dated: August 25, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-22141 Filed 8-29-11; 8:45 am]
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