[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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