[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Rules and Regulations]
[Pages 51917-51918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20685]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD474


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 Southern New England/Mid-Atlantic 
yellowtail flounder 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 
Southern New England/Mid-Atlantic yellowtail flounder 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 further overages of the common pool's annual quota of Southern 
New England/Mid-Atlantic yellowtail flounder.

DATES: This action is effective August 27, 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 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 Southern New 
England/Mid-Atlantic (SNE/MA) yellowtail flounder is 95.0 mt and the 
Trimester 1 (May 1, 2014, through August 31, 2014) TAC is 19.9 mt. 
Based on the most recent data and information, which include vessel 
trip reports, dealer-reported landings, and vessel monitoring system 
(VMS) information, we have determined that 150 percent of the Trimester 
1 TAC was caught as of August 20, 2014. Because of the low trimester 
catch limit and the rate at which common pool vessels can harvest SNE/
MA yellowtail flounder, it was not possible to initiate this action any 
earlier than this. Therefore, effective August 27, 2014, the SNE/MA 
Yellowtail Flounder Trimester TAC Area is closed for the remainder of 
Trimester 1, through August 31, 2014, to all common pool vessels 
fishing with trawl gear and sink gillnet gear. Effective August 27, 
2014, it is unlawful for common pool vessels to fish for, harvest, 
possess, or land regulated species or ocean pout in or from the SNE/MA 
Yellowtail Flounder Trimester TAC Area. The SNE/MA Yellowtail Flounder 
Trimester TAC Area includes statistical areas 537, 538, 539, and 613. 
This restriction does not apply to the groundfish trip of a common pool 
vessel that crossed the VMS demarcation line before August 27, 2014, 
therefore, if you have crossed the VMS demarcation line

[[Page 51918]]

are currently at sea on a groundfish trip, you may complete your trip 
in all or part of the closed areas. The SNE/MA Yellowtail Flounder 
Trimester TAC Area will reopen to common pool vessels fishing with 
trawl and sink gillnet 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 SNE/MA yellowtail flounder. 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 SNE/MA yellowtail flounder 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 SNE/MA yellowtail flounder 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 26, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-20685 Filed 8-27-14; 11:15 am]
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