[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 46002-46003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21234]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF713


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod Possession and Trip Limit 
Adjustment for the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

-----------------------------------------------------------------------

SUMMARY: This action decreases the possession and trip limits for 
Georges Bank cod for Northeast multispecies common pool vessels for the 
remainder of the 2017 fishing year, through April 30, 2018. Recent 
catch data reported through September 19, 2017, indicates that the 
common pool fishery has already caught 2.4 metric tons, or 65.7 
percent, of the Trimester 2 Georges Bank cod Total Allowable Catch 
since the second trimester began on September 1, 2017. We project that, 
at its current trajectory, the common pool will catch its Trimester 2 
TAC well before the end of the second trimester, and is also at risk of 
exceeding its annual 2017 quota. This possession and trip limit 
decrease is intended to prevent the common pool fishery from exceeding 
its allocation for this stock prior to the end of the fishing year.

DATES: This possession and trip limit decrease is effective September 
28, 2017, through April 30, 2018.

FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management 
Specialist, (978) 281-9255.

SUPPLEMENTARY INFORMATION: The regulations at Sec.  648.86(o) authorize 
the Regional Administrator to adjust the possession and trip limits for 
common pool vessels in order to help prevent the overharvest or 
underharvest of the common pool quotas.
    Recent catch data reported through September 19, 2017, indicates 
that the common pool fishery has already caught 2.4 metric tons, or 
65.7 percent, of the Trimester 2 Georges Bank (GB) cod Total Allowable 
Catch (TAC) since the second trimester began on September 1, 2017. The 
current GB cod possession and trip limit for GB cod is 250 pounds per 
DAS, and up to 500 pounds per trip. Under these possession limits, the 
common pool fishery caught its Trimester 1 TAC and triggered an area 
closure for GB cod on July 27, 2017. We project that, at its current 
trajectory, the common pool will catch its Trimester 2 TAC well before 
the end of the second trimester, and is also at risk of exceeding its 
annual 2017 quota. In the event that the common pool exceeds its 2017 
quota, regulations require that the overage must be deducted from the 
following year's quota, which would have a negative economic impact on 
common pool vessels. Therefore, a decrease to the possession and trip 
limits is being implemented to help prevent the common pool fishery 
from exceeding its quota for the 2017 fishing year.
    Effective September 28, 2017, the GB cod possession and trip limits 
are decreased to 25 lb (11.3 kg) per day and 50 lb (22.7 kg) per trip, 
as summarized in the table below. Common pool groundfish vessels that 
have declared their trip through the vessel monitoring system (VMS) or 
interactive voice response system, and crossed the VMS demarcation line 
prior to September 28, 2017, are not subject to the new possession and 
trip limits for that trip.

           Table 1--New Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                               Current possession/   New possession/trip
         Permit type               trip limits             limits
------------------------------------------------------------------------
Days-At-Sea (A DAS).........  250 lb (113.4 kg)     25 lb (11.3 kg) per
                               per DAS, up to 500    DAS, up to 50 lb
                               lb (226.8 kg) per     (22.6 kg) per trip.
                               trip.
Handgear A..................  250 lb (113.4 kg)     25 lb (11.3 kg) per
                               per trip.             trip.
Handgear B..................  25 lb (11.3 kg) per   Unchanged.
                               trip.
Small Vessel Category.......  25 lb (11.3 kg) per   Unchanged.
                               trip, within
                               combined 300 lb
                               (136.1 kg) trip
                               limit for cod,
                               haddock, and
                               yellowtail flounder.
------------------------------------------------------------------------


[[Page 46003]]

    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 at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels in order to help prevent the overharvest 
or underharvest of the pertinent common pool quotas. The catch data 
used as the basis for this action only recently became available. The 
available analysis indicates that the common pool fishery has already 
achieved 65.7 percent of its second trimester GB cod TAC within the 
first three weeks of the trimester and if the GB cod possession and 
trip limits are not reduced immediately, the common pool fishery may 
exceed its quota for this stock. This action reduces the probability of 
the common pool fishery exceeding its quota for GB cod. Any overages of 
the common pool quota for this stock would undermine conservation 
objectives and trigger the implementation of accountability measures 
that would have negative economic impacts on the common pool vessels. 
The time necessary to provide for prior notice and comment, and a 30-
day delay in effectiveness, would prevent NMFS from implementing the 
necessary possession and trip limit adjustment in a timely manner, 
which could undermine conservation 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: September 28, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-21234 Filed 9-28-17; 4:15 pm]
 BILLING CODE 3510-22-P