[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78942-78943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF030


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Witch Flounder 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 Witch Flounder Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear for the remainder of Trimester 2, through 
December 31, 2016. The common pool fishery is projected to have caught 
90 percent of its Trimester 2 quota for witch flounder. The closure is 
intended to prevent an overage of the common pool's quota for this 
stock.

DATES: This action is effective November 9, 2016, through December 31, 
2016.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 
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 November 1, 2016, the common pool fishery caught 
approximately 80 percent of the Trimester 2 TAC (2.4 mt) for witch 
flounder. We project that 90 percent of the Trimester 2 TAC was caught 
by November 6.
    Effective November 9, 2016, the Witch Flounder Trimester TAC Area 
is closed for the remainder of Trimester 2, through December 31, 2016, 
to all common pool vessels fishing with trawl gear. The Witch Flounder 
Trimester TAC Area consists of statistical areas 512, 513, 514, 515, 
521, 522, and 525. The area reopens at the beginning of Trimester 3 on 
January 1, 2017.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and

[[Page 78943]]

crossed the VMS demarcation line prior to November 9, 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. Any uncaught portion of the Trimester 1 and Trimester 
2 TACs is carried over into the next trimester. 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. 
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.
    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 common pool catch would reach 
90 percent of the Trimester 2 TAC for witch flounder by November 6, 
2016. The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, would prevent the immediate closure of 
the Witch Flounder Trimester 2 TAC Area. Delaying the effective date of 
the closure increases the likelihood that the common pool fishery will 
exceed its quota of witch flounder to the detriment of this stock, 
which could undermine management objectives of the Northeast 
Multispecies FMP.
    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: November 8, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27319 Filed 11-9-16; 8:45 am]
 BILLING CODE 3510-22-P