[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49462-49463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD441


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester Closure for the Common Pool Fishery

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

ACTION: Temporary rule; area closure.

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SUMMARY: This action closes the Georges Bank cod Trimester Total 
Allowable Catch Area for the remainder of Trimester 1, through August 
31, 2014. Based on our projection, the common pool fishery has caught 
over 90 percent of its Georges Bank cod Trimester 1 total allowable 
catch triggering the regulatory requirement to close the area for the 
remainder of the trimester. This action is intended to prevent an 
overage of the common pool's annual quota of Georges Bank cod.

DATES: This action is effective August 18, 2014, through August 31, 
2014.

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

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.  
648.82(n)(2)(ii) require

[[Page 49463]]

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-annual 
catch limit (sub-ACL) for Georges Bank (GB) cod is 31.0 mt and the 
Trimester 1 (May 1, 2014, through August 31, 2014) TAC is 8.3 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 118 percent of the Trimester 1 TAC 
was caught as of August 14, 2014. Because of the low trimester catch 
limit and the rate at which common pool vessel can harvest GB cod, it 
was not possible to initiate this action closer to the point at this 90 
percent of the catch limit was harvested. Therefore, effective August 
18, 2014, the GB 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. 
Effective August 21, 2014, it is unlawful for common pool vessels to 
fish for, harvest, possess, or land regulated species or ocean pout in 
or from the GB cod Trimester TAC Area. The GB cod Trimester TAC Area 
includes statistical areas 521, 522, 525, and 561. The GB cod 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, 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 Trimester TAC Area closure is required by regulation in order 
to reduce the probability of the common pool fishery exceeding its sub-
ACL of GB 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 data and information showing that GB cod had 
exceeded 90 percent of the Trimester 1 TAC for the stock only became 
available recently. 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 GB 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: August 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-19830 Filed 8-18-14; 11:15 am]
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