[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Rules and Regulations]
[Pages 45729-45730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18513]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD418


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

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

ACTION: Temporary rule; area closure and possession limit adjustment.

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SUMMARY: This action closes the American plaice Trimester Total 
Allowable Catch Area to Northeast multispecies common pool trawl 
vessels for the remainder of Trimester 1, through August 31, 2014. The 
closure is required by regulation because the common pool fishery has 
caught 120 percent of its Trimester 1 quota for American plaice. This 
closure is intended to prevent the overharvest of the common pool's 
allocation for this stock. Because the common pool catch of American 
plaice is not limited to the American plaice Trimester Total Allowable 
Catch Area, this action also reduces possession and trip limit for the 
American plaice stock to zero for all common pool vessels through 
August 31, 2014, in order to prevent the overharvest of the common 
pool's allocation of American plaice.

DATES: This action is effective August 6, 2014, through August 31, 
2014.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, 978-282-8493.

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.  
648.82(n)(2)(ii) require the Regional Administrator to close a common 
pool 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 American plaice is 24.0 mt and the 
Trimester 1 (May 1, 2014, through August 30, 2014) TAC is 5.8 mt. Based 
on the most recent data and information, which include vessel trip 
reports, dealer-reported landings, and vessel monitoring system 
information, we have determined that 120 percent of the Trimester 1 TAC 
was caught as of July 26, 2014. Therefore, effective August 6, 2014, 
the American plaice Trimester TAC Area is closed for the remainder of 
Trimester 1, through August 31, 2014, to all common pool vessels 
fishing with trawl gear. The American plaice Trimester TAC Area 
consists of statistical areas 512, 513, 514, 515, 521, 522, and 525. 
The area will reopen to common pool vessels fishing with trawl gear at 
the beginning of Trimester 2 on September 1, 2014.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the possession and trip limits for common pool 
vessels to prevent the overharvest or underharvest of the common pool 
quotas. Because the closure described above only applies to select 
areas and gear types, and because the American plaice Trimester TAC has 
been exceeded, additional action is necessary to prevent further 
overages of the Trimester TAC. Therefore, the possession and trip limit 
for American plaice is reduced to zero for all common pool vessels in 
all areas, effective August 6, 2014, through August 31, 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.

[[Page 45730]]

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 Trimester TAC Area closure is required by regulation in order 
to reduce the probability of the common pool fishery exceeding its sub-
ACL of American plaice. 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 data and information showing that American 
plaice had exceeded 90 percent of the Trimester 1 TAC for the stock 
only became available on July 26, 2014. 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 American plaice 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.
    Additionally, the overage in the American plaice Trimester 1 TAC 
increases the probability of the common pool exceeding its sub-ACL of 
American plaice by more than it already has. The time necessary to 
provide for prior notice and comment, and a 30-day delay in 
effectiveness, would prevent NMFS from setting the possession and trip 
limit to zero for American plaice in a timely manner, which could also 
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 31, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-18513 Filed 7-31-14; 4:15 pm]
BILLING CODE 3510-22-P