[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Rules and Regulations]
[Pages 10556-10557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2171-01]
RIN 0648-XC456
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Adjustments for the Common Pool
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limits.
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SUMMARY: This temporary rule increases the possession limits for
Georges Bank cod, Gulf of Maine cod, and Southern New England/Mid-
Atlantic yellowtail flounder for Northeast multispecies common pool
vessels for the remainder of the 2012 fishing year. This rule also
decreases the trip limits for white hake and pollock. This is intended
to facilitate the harvest of Georges Bank cod, Gulf of Maine cod, and
Southern New England/Mid-Atlantic yellowtail flounder to allow the
total catch of these stocks to approach their pertinent common pool
sub-annual catch limits sub-annual catch limits and prevent the
overharvest of the white hake and pollock sub-annual catch limits.
DATES: Effective February 11, 2013, through April 30, 2013.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, 978-675-2153, Fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE)
multispecies fishery are found at 50 CFR part 648, subpart F. The
regulations at Sec. 648.86(o) authorize the NE Regional Administrator
(RA) to adjust the possession limits for common pool vessels in order
to optimize the harvest of NE regulated multispecies by preventing the
overharvest or underharvest of the pertinent common pool sub-annual
catch limits (ACLs). As of January 30, 2013, Gulf of Maine (GOM) cod,
Georges Bank (GB) cod, and Southern New England (SNE)/Mid-Atlatnic (MA)
yellowtail flounder catch is well below their respective quotas, and
conversely, catch of white hake and pollock is relatively high with
approximately 3 months remaining in fishing year (FY) 2012. Table 1
includes the common pool sub-ACL for each stock affected by this action
and the amount that has been caught as of February 7, 2013.
Table 1--Sub-ACLs and Current Catch of Five NE Multispecies Stocks in the Common Pool
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Percent
Sub-ACL (lb) Sub-ACL (mt) harvested
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GOM Cod......................................................... 176,414 80 35.5
GB Cod.......................................................... 179,489 81 20.3
SNE/MA Yellowtail Flounder...................................... 338,099 153 6.1
White Hake...................................................... 57,896 26 88.7
Pollock......................................................... 180,323 82 77.8
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Framework Adjustment 47 (FW 47) to the NE Multispecies Fishery
Management Plan (FMP) established the current trip limits for the
common pool vessels fishing under a Category A day-at-sea (DAS) (77 FR
26104). Since then, there have been no adjustments to any trip limits
for any common pool vessels. Table 2 contains the current landing limit
and the new landing limit being implemented by this action.
Table 2--The Current and New Trip Limits for Five NE Multispecies Stocks
in the Common Pool
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Current DAS limit New DAS limit
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GOM Cod..................... 650 lb (294.8 kg) 2,000 lb (907.2 kg)
per DAS up to 2,000 per DAS up to 6,000
lb (907.2 kg) per lb (2,721 kg) per
trip. trip.
GB Cod...................... 2,000 lb (907.2 kg) 3,000 lb (1,361 kg)
per DAS up to per DAS up to
20,000 lb (9,072 30,000 lb (13,608
kg) per trip. kg) per trip.
SNE/MA Yellowtail Flounder.. 1,500 lb (680.4 kg) 5,000 lb (2,268 kg)
per DAS up to 4,500 per DAS up to
lb (2,041 kg) per 15,000 lb (6,804
trip. kg) per trip.
White Hake.................. 1,500 lb (680.4 kg) 500 lb (226.8 kg)
per trip. per trip.
Pollock..................... Unlimited........... 10,000 lb (4,536 kg)
per trip.
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The regulations require that the Handgear B (HB) trip limit for GOM
and GB cod be adjusted proportionally (rounded up to the nearest 25 lb
(11.3 kg)) if either the GOM or GB cod trip limit applicable to a
vessel fishing
[[Page 10557]]
under a NE multispecies DAS permit is adjusted. Under the NE
Multispecies FMP, the initial GOM cod trip limits for NE multispecies
common pool vessels fishing under a Category A DAS is set at 800 lb
(362.9 kg) per DAS. However, FY 2012 began with a GOM cod trip limit of
650 lb (294.8 kg) per DAS, as implemented through FW 47, due to a
reduced GOM cod sub-ACL for the common pool. Ultimately, the HB trip
limit for GOM cod is adjusted according to trip limit in the FMP (i.e.,
800 lb (362.9 kg) per DAS), not what was set under FW 47. For GB cod,
the FMP establishes a limit of 2,000 lb (907.2 kg) per DAS and FW 47
did not implement anything different from that.
The new landing limit for GOM cod is 2,000 lb (907.2 kg) per DAS,
an increase of 150 percent from 800 lb (362.9 kg) per DAS. Based on
this new trip limit for GOM cod for Category A DAS vessels, the new GOM
cod trip limit for HB vessels is 200 lb (90.7 kg) per trip (75 lb (34.0
kg) per trip increased by 150 percent = 187.5 lb (85.0 kg) per trip,
rounded up to 200 lb (90.7 kg) per trip). The new landing limit for GB
cod is 3,000 lb (1,361 kg) per DAS, an increase of 50 percent from the
original landing limit of 2,000 lb (907.2 kg) per DAS. Based on the new
trip limit for GB cod for Category A DAS vessels, the new GB cod trip
limit for HB vessels is 125 lb (56.7 kg) per trip (75 lb (34.0 kg) per
trip increased by 50 percent = 112.5 lb (51.0 kg) per trip, rounded up
to 125 lb (56.7 kg) per trip). Increasing these trip limits does not
jeopardize current conservation objectives.
The trip limit adjustments for Category A DAS and HB vessels are
effective February 11, 2013, through April 30, 2013. This action does
not change the current cod trip limit for vessels with a limited access
Handgear A permit (300 lb (136.1. 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, vessel monitoring system catch reports, and other
available information, and if necessary, additional adjustments to
common pool management measures may be made.
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 (AA), finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it 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. The information informing this
action only very recently became available. Given this fact, this
action increases the trip limits for GOM cod, GB cod, and SNE/MA
yellowtail flounder to reduce the probability of underharvesting the
common pool sub-ACLs. A resulting delay in the trip limit increases of
these three stocks could result in less revenue for the fishing
industry and be counter to the objective of achieving optimum yield. A
resulting delay in the trip limit decreases for white hake and pollock
reduces the probability of exceeding the applicable common pool sub-
ACLs. If the sub-ACLs are exceeded, this would undermine conservation
objectives and trigger the implementation of accountability measures
that will have negative economic impacts on the participants in the
common pool. Given this fact, the time necessary to provide for prior
notice and comment would prevent NMFS from implementing the necessary
trip limit adjustments in a timely manner.
The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to
waive the 30-day delayed effectiveness period for the reasons stated
above.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 11, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-03476 Filed 2-11-13; 4:15 pm]
BILLING CODE 3510-22-P