[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42478-42479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17034]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120109034-2171-01]
RIN 0648-XC737


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; 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; closure.

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SUMMARY: This action decreases the landing limit for Southern New 
England/Mid-Atlantic (SNE/MA) winter flounder for Northeast 
multispecies common pool vessels for the remainder of the 2013 fishing 
year (FY). This action also closes the Gulf of Maine (GOM) haddock 
Trimester Total Allowable Catch Area (TAC) for the remainder of 
Trimester 1, through August 31, 2013, because the common pool fishery 
has caught 147 percent of its Trimester 1 TAC for GOM haddock. This 
action is intended to prevent the overharvest of the common pool's 
allocation of SNE/MA winter flounder and GOM haddock.

DATES: The trip limit decrease for SNE/MA winter flounder is effective 
July 16, 2013 through April 30, 2014. The closure of the GOM haddock 
Trimester TAC Area is effective July 16, 2013, through August 31, 2013.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery 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 authorize the 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). Based on data reported through June 19, 2013, the common pool 
fishery has caught approximately 53 percent of its FY 2013 SNE/MA 
winter flounder allocation of 136 mt (299,829 lb). The current trip 
limit for SNE/MA winter flounder is 5,000 lb (2,268 kg) per day-at-sea 
(DAS), and up to 15,000 lb (6,804 kg) per trip for common pool vessels. 
However, recent analysis shows that the common pool would likely exceed 
its FY 2013 allocation for SNA/MA winter flounder if the trip limit is 
not reduced. As a result, the trip limit is reduced to 1,000 lb (453.6 
kg) per trip for all common pool vessels. The trip limit adjustment is 
effective July 16, 2013, through April 30, 2014.
    The regulations also require the RA to close the Trimester TAC Area 
for a stock when 90 percent of the Trimester TAC is projected to be 
caught. The Trimester TAC Area for a stock will close to all common 
pool vessels fishing with gear capable of catching that stock for the 
remainder of the trimester. Any overages of a trimester TAC will be 
deducted from Trimester 3, and any overages of the common pool's sub-
ACL at the end of the FY will be deducted from the common pool's sub-
ACL the following FY. Any uncaught portion of the Trimester 1 and 
Trimester 2 TAC will be carried over into the next trimester. Any 
uncaught portion of the common pool's sub-ACL may not be carried over 
into the following FY.
    The FY 2013 common pool sub-ACL for GOM haddock is 2 mt (4,409 lb), 
and the Trimester 1 TAC is 0.5 mt (1,102 lb). Because there are 
relatively few common pool vessels, and the Trimester 1 TAC for GOM 
haddock is so small, it was difficult to project when 90 percent of the 
Trimester TAC would be reached. Based on the most recent data, which 
include vessel trip reports (VTRs), dealer reported landings, and 
vessel monitoring system (VMS) information, NMFS has projected that 147 
percent of the Trimester 1 TAC for GOM haddock has been caught. 
Therefore, effective July 16, 2013, the GOM haddock Trimester TAC Area 
is closed for the remainder of Trimester 1, through August 31, 2013, to 
all common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The GOM haddock Trimester TAC Area will reopen to 
common pool vessels fishing with trawl, sink gillnet, and longline/hook 
gear at the beginning of Trimester 2, on September 1, 2013. Any overage 
of the Trimester 1 TAC for GOM haddock

[[Page 42479]]

will be deducted from the Trimester 3 TAC for the stock.
    Catch will continue to be monitored through VTRs, 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 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. Pursuant to 5 U.S.C. 553(d)(3), the AA 
also finds good cause to waive the 30-day delayed effectiveness period.
    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. In addition, the regulations require the RA to close a 
trimester TAC area when 90 percent of the respective Trimester TAC has 
been caught by common pool vessels. The catch data used as the basis 
for this action only recently became available. The available analysis 
indicates that if the SNE/MA winter flounder trip limit is not reduced 
quickly, the common pool fishery would likely exceed its FY 2013 
allocation for this stock. In addition, the recent catch data show that 
the common pool fishery has already exceeded its Trimester TAC for GOM 
haddock. As a result, this action reduces the probability of the common 
pool fishery exceeding its sub-ACLs for SNE/MA winter flounder and GOM 
haddock. Any overages of the common pools sub-ACLs for these stocks 
would undermine conservation objectives and trigger the implementation 
of accountability measures that would have negative economic impacts on 
the common pool vessels. As a result, the time necessary to provide for 
prior notice and comment, and a 30-day delay in effectiveness, would 
prevent NMFS from implementing the necessary trip limit adjustment and 
Trimester TAC closure in a timely manner, which could undermine 
conservation objectives of the NE Multispecies Fishery Management Plan, 
and cause negative economic impacts to the common pool fishery.

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

    Dated: July 11, 2013.
 Galen Tromble,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-17034 Filed 7-15-13; 8:45 am]
BILLING CODE 3510-22-P