[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51503-51504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20649]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD458


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; 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 Eastern U.S./Canada Area for Northeast 
multispecies common pool vessels for the remainder of fishing year 
2014, through April 30, 2015. Based on recent data, the common pool 
fishery has caught 130 percent of its Eastern Georges Bank cod total 
allowable catch, triggering the regulatory requirement to close the 
area for the remainder of the fishing year. This action is intended to 
prevent further overage of the common pool's annual quota of Eastern 
Georges Bank cod.

DATES: This action is effective August 26, 2014, through April 30, 
2015.

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

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.  
648.85(a)(3)(iv)(E) require the Regional Administrator to close the 
Eastern U.S./Canada Area when any individual total allowable catch 
(TAC) allocation for the area is projected to be caught. In such cases, 
the Eastern U.S./Canada Area (including any Special Access Programs 
(SAPs) that reside in this area) closes to all common pool vessels, 
i.e. Northeast (NE) multispecies limited access non-sector vessels and 
NE multispecies open access vessels. The fishing year 2014 (May 1, 
2014, through April 30, 2015) common pool TAC for Eastern Georges Bank 
cod is 3.0 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 130 percent of 
the fishing year TAC was caught as of August 19, 2014. Because of the 
low catch limit and the rate at which a common pool vessel can harvest 
Eastern Georges Bank cod, it was not possible to initiate this action 
before the point that the fishing year TAC was exceeded.

[[Page 51504]]

Therefore, effective August 26, 2014, the Eastern U.S./Canada Area is 
closed for the remainder of the fishing year, through April 30, 2015, 
to all common pool vessels. Effective August 26, 2014, it is unlawful 
for a common pool vessel to declare into, enter, or fish in the Eastern 
U.S./Canada Area. This restriction does not apply to the groundfish 
trip of a common pool vessel that crossed the VMS demarcation line 
before August 26, 2014. The Eastern U.S./Canada Area will reopen to 
common pool vessels at the beginning of fishing year 2015, on May 1, 
2015. Any overages of an Eastern Georges Bank TAC will be deducted from 
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 Eastern U.S./Canada Area closure is required by regulation in 
order to reduce the probability of the common pool fishery exceeding 
its TAC of Eastern Georges Bank cod, or if exceeded, reduce further 
overage of the TAC. Any overages of the common pool's TACs 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 Eastern 
Georges Bank cod is projected to have exceeded its 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
    Eastern U.S./Canada Area closure in a timely manner, which could 
undermine management 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: August 26, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-20649 Filed 8-26-14; 4:15 pm]
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