[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42696-42697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD357


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Adjustment and Trimester Total 
Allowable Catch Area Closure for the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment and area closure.

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SUMMARY: This action increases the trip limit for Southern New England/
Mid-Atlantic winter flounder for Northeast multispecies common pool 
vessels for the remainder of the 2014 fishing year and closes the Gulf 
of Maine Cod Trimester Total Allowable Catch Area for the remainder of 
Trimester 1, through August 31, 2014. Increasing the trip limit is 
intended to provide additional fishing opportunities and help allow the 
common pool fishery to catch its allowable quota for this stock. The 
closure is required because the common pool fishery has caught more 
than 90 percent of its Trimester 1 quota for Gulf of Maine cod. This 
closure is intended to prevent the overharvest of the common pool's 
allocation this stock.

DATES: The trip limit increase is effective July 23, 2014, through 
April 30, 2015. The Gulf of Maine Cod Trimester Total Allowable Catch 
Area closure is effective July 23, 2014, through August 31, 2014.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management 
Specialist, 978-675-2153.

SUPPLEMENTARY INFORMATION: The regulations at Sec.  648.86(o) 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. As of July 10, 2014, the common pool had 
caught 17 percent of its sub-annual catch limit (ACL) of Southern New 
England/Mid-Atlantic (SNE/MA) winter flounder. To allow the common pool 
fishery to catch more of its quota for that stock, effective July 23, 
2014, the trip limit of SNE/MA winter flounder, defined as winter 
flounder caught within the Inshore Georges Bank and SNE/MA Broad Stock 
Areas (as defined in Sec.  648.10(k)(3)(ii) and (iv)), for all common 
pool vessels, is increased from 1,500 lb (630.4 kg) per day-at-sea 
(DAS) and 2,000 lb (907.2 kg) per trip, to 3,000 lb (1,361 kg) per DAS 
and 6,000 lb (2,722 kg) per trip.
    The regulations also require the RA to close a Trimester Total 
Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester 
TAC is projected to be caught. In such cases, the Trimester TAC Area 
for a stock closes to all common pool vessels fishing with gear capable 
of catching that stock for the remainder of the trimester. The fishing 
year 2014 (May 1, 2014, through April 30, 2015) common pool sub-ACL for 
Gulf of Maine (GOM) cod is 18.0 mt and the Trimester 1 (May 1, 2014, 
through August 30, 2014) TAC is 4.9 mt. Based on the most recent data, 
which include

[[Page 42697]]

vessel trip reports, dealer reported landings, and vessel monitoring 
system information, we have determined that 90 percent of the Trimester 
1 TAC was caught as of July 12, 2014. Therefore, effective July 23, 
2014, the GOM Cod Trimester TAC Area is closed for the remainder of 
Trimester 1, through August 31, 2014, to all common pool vessels 
fishing with trawl gear, sink gillnet gear, and longline/hook gear. The 
area will reopen at the beginning of Trimester 2 on September 1, 2014. 
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 fishing 
year will be deducted from the common pool's sub-ACL the following 
fishing year. 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 
fishing year.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our Web site at: http://www.nero.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, vessel 
monitoring system 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 regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies trip limits for 
common pool vessels in order to prevent the overharvest or underharvest 
of the pertinent common pool sub-ACLs. The catch data used to justify 
increasing the trip limits for SNE/MA winter flounder only recently 
became available. The trip limit increase implemented through this 
action allows for increased harvest of SNE/MA winter flounder, to help 
ensure that the fishery may achieve the optimum yield (OY) for this 
stock. As a result, the time necessary to provide for prior notice and 
comment, and a 30-day delay in effectiveness, would prevent NMFS from 
increasing the trip limit for SNE/MA winter flounder in a timely 
manner, which could prevent the fishery from achieving the OY, thereby 
undermining management objectives of the Northeast Multispecies Fishery 
Management Plan, and causing negative economic impacts to the common 
pool fishery. There is additional good cause to waive the delayed 
effective period because this action relieves restrictions on fishing 
vessels by increasing a trip limit.
    The Trimester TAC Area closure is required by regulation in order 
to reduce the probability of the common pool fishery exceeding its sub-
ACL of GOM cod. Any overages of the common pool's sub-ACLs would 
undermine conservation objectives and trigger the implementation of 
accountability measures that would have negative economic impacts on 
common pool vessels. The time necessary to provide for prior notice and 
comment, and a 30-day delay in effectiveness, would prevent NMFS from 
implementing the necessary Trimester TAC Area closure for GOM cod in a 
timely manner, which could undermine management objectives of the 
Northeast Multispecies Fishery Management Plan, and cause negative 
economic impacts to the common pool fishery.

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

    Dated: July 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-17287 Filed 7-18-14; 11:15 am]
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