[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Rules and Regulations]
[Pages 39871-39872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XE683


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester Total Allowable Catch Area 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 Cape Cod/Gulf of Maine yellowtail 
flounder Trimester Total Allowable Catch Area to Northeast multispecies 
common pool vessels fishing with gillnet and trawl gear for the 
remainder of Trimester 1, through August 31, 2016. The closure is 
required by regulation because the common pool fishery has caught 90 
percent of its Trimester 1 quota for Cape Cod/Gulf of Maine yellowtail 
flounder. This closure is intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective June 15, 2016, through August 31, 2016.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
(978) 281-9195.

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. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock for the remainder of the trimester.
    As of June 7, 2016, the common pool fishery caught approximately 75 
percent of the Trimester 1 TAC (5.5 mt) for Cape Cod/Gulf of Maine (CC/
GOM) yellowtail

[[Page 39872]]

flounder. We project that 90 percent of the Trimester 1 TAC will be 
caught by June 11, 2016. The fishing year 2016 common pool sub-annual 
catch limit (sub-ACL) for CC/GOM yellowtail flounder is 14.5 mt.
    Effective June 15, 2016, the CC/GOM yellowtail flounder Trimester 
TAC Area is closed for the remainder of Trimester 1, through August 31, 
2016, to all common pool vessels on a Northeast multispecies day-at-sea 
fishing with gillnet and trawl gear. The CC/GOM yellowtail flounder 
Trimester TAC Area consists of statistical areas 514 and 521. The area 
reopens at the beginning of Trimester 2 on September 1, 2016.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to June 15, 2016, it may complete its trip 
within the Trimester TAC Area.
    Any overage of the Trimester 1 or 2 TACs must be deducted from the 
Trimester 3 TAC. If the common pool fishery exceeds its sub-ACL for the 
2016 fishing year, the overage must be deducted from the common pool's 
sub-ACL for fishing year 2017. Any uncaught portion of the Trimester 1 
and Trimester 2 TACs is carried over into the next trimester. However, 
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 are 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, VMS 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 regulations require the Regional Administrator to close a 
trimester TAC area to the common pool fishery when 90 percent of the 
Trimester TAC for a stock has been caught. Updated catch information 
only recently became available indicating that the common pool fishery 
has caught 90 percent of its Trimester 1 TAC for CC/GOM yellowtail 
flounder as of June 11, 2016. The time necessary to provide for prior 
notice and comment, and a 30-day delay in effectiveness, prevents the 
immediate closure of the CC/GOM yellowtail flounder Trimester 1 TAC 
Area. This increases the likelihood that the common pool fishery 
exceeds its quota of CC/GOM yellowtail flounder to the detriment of 
this stock, which could undermine management objectives of the 
Northeast Multispecies Fishery Management Plan. Additionally, an 
overage of the common pool quota could cause negative economic impacts 
to the common pool fishery as a result of overage paybacks in a future 
trimester or fishing year.

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

    Dated: June 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-14464 Filed 6-15-16; 4:15 pm]
 BILLING CODE 3510-22-P