[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36723-36724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150105004-5355-01]
RIN 0648-XE006


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

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

ACTION: Temporary rule; area closures and trip and possession limit 
adjustments.

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SUMMARY: This action closes the Gulf of Maine cod Trimester Total 
Allowable Catch Area to all Northeast multispecies common pool vessels; 
the American plaice Trimester Total Allowable Catch Area to Northeast 
multispecies common pool trawl vessels; and the Cape Cod/Gulf of Maine 
yellowtail flounder Trimester Total Allowable Catch Area to Northeast 
multispecies common pool trawl and gillnet vessels, for the remainder 
of Trimester 1, through August 31, 2015. The closures are required by 
regulation because the common pool fishery has caught over 90 percent 
of its Trimester 1 quotas for Gulf of Maine cod, American plaice, and 
Cape Cod/Gulf of Maine yellowtail flounder. These closures are intended 
to prevent the overharvest of the common pool's allocation for these 
stocks. Because the common pool catch of American plaice and Cape Cod/
Gulf of Maine yellowtail flounder is not limited to the respective 
stocks' Trimester Total Allowable Catch Area, this action also reduces 
possession and trip limits for the American plaice and Cape Cod/Gulf of 
Maine yellowtail flounder stocks to zero for all common pool vessels 
through August 31, 2015, in order to prevent the overharvest of the 
common pool's allocation of both stocks from areas not closed by this 
action. The possession and trip limit for GOM cod was set to zero in a 
previous action.

DATES: This action is effective June 23, 2015, through August 31, 2015.

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

[[Page 36724]]

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 2015 (May 1, 2015, through April 30, 2016) common 
pool sub-annual catch limit (sub-ACL) for Gulf of Maine (GOM) cod is 
5.6 mt and the Trimester 1 (May 1, 2015, through August 30, 2015) TAC 
is 1.5 mt. Based on the most recent data, which include vessel trip 
reports, dealer reported landings, and vessel monitoring system 
information, we have determined that 114 percent of the Trimester 1 TAC 
was caught as of June 16, 2015. Therefore, effective June 23, 2015, the 
GOM Cod Trimester TAC Area is closed for the remainder of Trimester 1, 
through August 31, 2015, to all common pool vessels fishing with trawl 
gear, sink gillnet gear, and longline/hook gear. The GOM cod Trimester 
TAC Area consists of statistical areas 513 and 514. The area will 
reopen at the beginning of Trimester 2 on September 1, 2015.
    The fishing year 2015 common pool sub-ACL for American plaice is 
26.9 mt and the Trimester 1 TAC is 6.5 mt. Based on the most recent 
data, which include vessel trip reports, dealer reported landings, and 
vessel monitoring system information, we have determined that 106 
percent of the Trimester 1 TAC was caught as of June 16, 2015. 
Therefore, effective June 23, 2015, the American plaice Trimester TAC 
Area is closed for the remainder of Trimester 1, through August 31, 
2015, 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 at the beginning of 
Trimester 2 on September 1, 2015.
    The fishing year 2015 common pool sub-ACL for Cape Cod (CC)/GOM 
yellowtail flounder is 21 mt and the Trimester 1 TAC is 7.3 mt. Based 
on the most recent data, which include vessel trip reports, dealer 
reported landings, and vessel monitoring system information, we have 
determined that 105 percent of the Trimester 1 TAC was caught as of 
June 16, 2015. Therefore, effective June 23, 2015, the CC/GOM 
yellowtail flounder Trimester TAC Area is closed for the remainder of 
Trimester 1, through August 31, 2015, to all common pool vessels 
fishing with trawl and gillnet gear. The CC/GOM yellowtail flounder 
Trimester TAC Area consists of statistical areas 514 and 521. The area 
will reopen at the beginning of Trimester 2 on September 1, 2015.
    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 American plaice and CC/GOM yellowtail flounder 
closures described above only applies to select areas and gear types, 
and because both stocks' Trimester TACs have been almost or already 
met, additional action is necessary to prevent further overage of the 
Trimester TACs that could occur in areas outside of the stock area 
closures. Therefore, the possession and trip limits for American plaice 
and CC/GOM yellowtail flounder are reduced to zero for all common pool 
vessels in all areas, effective June 23, 2015, through August 31, 2015. 
The possession and trip limits will return to previous levels at the 
beginning of Trimester 2, on September 1, 2015, unless otherwise 
determined.
    If a vessel declared its trip through the vessel monitoring system 
(VMS) or interactive voice response system, and crossed the VMS 
demarcation line prior to June 23, 2015, it may complete its trip if it 
is within the Trimester TAC Areas, and it will not be subject to the 
new possession and trip limits. A gillnet vessel that has set gear 
prior to June 23, 2015, may complete its trip by hauling such gear.
    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.greateratlantic.fisheries.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 closures are required by regulation in order 
to reduce the probability of the common pool fishery exceeding its sub-
ACLs of GOM cod, American plaice, and CC/GOM 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 GOM cod, American plaice, and CC/GOM 
yellowtail flounder had exceeded 90 percent of the Trimester 1 TACs for 
these stocks only became available on June 16, 2015. 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 closures for GOM cod, American plaice, and CC/GOM 
yellowtail flounder in a timely manner, which could undermine 
management objectives of the Northeast Multispecies Fishery Management 
Plan (FMP), and cause negative economic impacts to the common pool 
fishery.
    Additionally, an overage in the American plaice and CC/GOM 
yellowtail flounder Trimester 1 TAC increases the probability of the 
common pool exceeding its sub-ACL of these stocks. 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 FMP, and 
cause negative economic impacts to the common pool fishery.
    The possession and trip limit for GOM cod was set to zero in a 
previous action.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 22, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-15680 Filed 6-23-15; 11:15 am]
 BILLING CODE 3510-22-P