[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54194-54195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21381]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120109034-2171-01]
RIN 0648-XC823


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.

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SUMMARY: This action decreases the possession limit for Southern New 
England/Mid-Atlantic winter flounder and Gulf of Maine haddock for 
Northeast multispecies common pool vessels for the remainder of the 
2013 fishing year. NMFS is taking this action because the common pool 
has caught 73 percent of its Southern New England/Mid-Atlantic winter 
flounder quota, and 96 percent of its Gulf of Maine haddock quota. This 
action is intended to prevent the overharvest of the common pool's FY 
2013 allocation of Southern New England/Mid-Atlantic winter flounder 
and Gulf of Maine haddock.

DATES: Effective August 28, 2013, through April 30, 2014.

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 prevent the 
overharvest or underharvest of the common pool quotas. Based on data 
reported through August 21, 2013, the common pool fishery has caught 
approximately 73 percent of its Southern New England/Mid-Atlantic (SNE/
MA) winter flounder allocation of 136 mt, and 96 percent of its Gulf of 
Maine (GOM) haddock allocation of 2 mt. Despite a trip limit reduction 
for SNE/MA winter flounder, and a closure to the GOM Haddock Trimester 
Total Allowable Catch Area earlier this fishing year on July 16, 2013 
(77 FR 42478), recent analysis shows that the common pool would likely 
exceed its allocation for both stocks if further action is not taken. 
To address this potential overharvest, the trip limit for SNE/MA winter 
flounder is reduced to 300 lb (136.1 kg) per trip, and the GOM haddock 
trip limit is reduced to zero for all common pool vessels. The trip 
limit adjustments are effective August 28, 2013, through April 30, 
2014.
    Catch will continue to be monitored through vessel trip reports, 
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 for the reasons stated below. Pursuant 
to 5 U.S.C. 553(d)(3), the AA also finds good cause to waive the 30-day 
delayed effectiveness period for the same reasons.
    The regulations at Sec.  648.86(o) authorize the RA to adjust the 
NE multispecies trip limits for common pool vessels in order to prevent 
the overharvest or underharvest of the common pool quotas. 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 and 
GOM haddock trip limits are not reduced quickly, the common pool 
fishery will likely exceed its FY 2013 allocation for these stocks. Any 
overages of the common pool quota for these stocks would undermine 
conservation objectives and trigger the implementation of 
accountability measures that would have negative economic impacts on 
common pool vessels. This action reduces the probability of the common 
pool fishery exceeding its allocations for SNE/MA winter flounder and 
GOM haddock. 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 adjustments 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.


[[Page 54195]]


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

    Dated: August 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-21381 Filed 8-28-13; 4:15 pm]
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