[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81698-81699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27826]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF002


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch 
Area Closure and Possession and Trip Limit Reductions for the Common 
Pool Fishery

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

ACTION: Temporary rule; area closure and inseason adjustment.

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SUMMARY: This action closes the Georges Bank Cod Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels and 
adjusts the Georges Bank cod possession and trip limit for common pool 
vessels for the remainder of Trimester 2, through December 31, 2016. 
The common pool fishery is projected to catch 90 percent of its 
Trimester 2 quota for Georges Bank cod. The closure and possession and 
trip limit reductions are intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective November 15, 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 5, 2016, the common pool fishery has caught 
approximately 87 percent of the Trimester 2 TAC (4.2 mt) for Georges 
Bank (GB) cod. We

[[Page 81699]]

project that 90 percent of the Trimester 2 TAC was caught by November 
7.
    Effective November 15, 2016, the GB Cod Trimester TAC Area is 
closed for the remainder of Trimester 2, through December 31, 2016, to 
all common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The GB Cod Trimester TAC Area consists of 
statistical areas 521, 522, 525, and 561. The area reopens at the 
beginning of Trimester 3 on January 1, 2017.
    The intent of the trimester TAC area closure is to close the area 
where 90 percent of the catch of the stock has occurred. However, data 
indicate that common pool vessels have caught approximately 35 percent 
of the total catch in Trimester 2 from outside the statistical areas 
that will be affected by the closure described above. Federal 
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. 
Therefore, the possession and trip limits for GB cod, are reduced as 
shown in Table 1, effective November 15, 2016, through December 31, 
2016. This is intended to prevent the common pool from exceeding its 
sub-annual catch limit, but still allow for landing incidental catch of 
GB cod in areas not affected by the closure.
    On January 1, 2017, common pool possession and trip limits for GB 
cod will return to the initial limits set by Framework Adjustment 55 to 
the Northeast Multispecies Fishery Management Plan (FMP).

   Table 1--Reduced Common Pool Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                                     Initial 2016
             Permit                     limits          Reduced limits
------------------------------------------------------------------------
A DAS * (outside of the Eastern   500 lb per DAS up   25 lb per DAS up
 U.S./Canada Area).                to 2,500 lb per     to 50 lb per
                                   trip.               trip.
A DAS (Eastern U.S./Canada Area)  100 lb per DAS up   25 lb per DAS up
                                   to 500 lb per       to 50 lb per
                                   trip.               trip.
A DAS (Special Access Programs).  1,000 lb per trip.  50 lb per trip.
Handgear A......................  300 lb per trip...  25 lb per trip.
Handgear B......................  25 lb per trip....  25 lb per trip
                                                       (unchanged).
Regular B DAS Program...........  100 lb per DAS up   25 lb per DAS up
                                   to 1,000 lb per     to 50 lb per
                                   trip.               trip.
------------------------------------------------------------------------
* Day-at-sea (DAS).

    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 November 15, 2016, it may complete its trip 
within the Trimester TAC Area. Additionally, such vessels are not 
subject to the new possession and trip limits for that trip. A vessel 
that has set gillnet gear prior to November 15, 2016, may complete its 
trip by hauling such gear.
    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 the common pool fishery 
caught 90 percent of its Trimester 2 TAC for GB cod by November 7, 
2016. The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, prevents the immediate closure of the GB 
Cod Trimester 2 TAC Area and reduction of the common pool's GB cod 
possession and trip limits. Delaying the effective date of a closure 
and possession and trip limit reduction increases the likelihood that 
the common pool fishery will exceed its quota of GB cod 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 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27826 Filed 11-15-16; 4:15 pm]
 BILLING CODE 3510-22-P