[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61568-61569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XG607


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod 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.

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SUMMARY: This action adjusts the possession and trip limits of Georges 
Bank cod for Northeast multispecies common pool vessels for the 
remainder of the 2018 fishing year, in order to ensure that the common 
pool fishery is able to harvest, but not exceed, its annual quota for 
the stock. These changes are intended to provide the common pool 
fishery with additional fishing opportunities.

DATES: These possession and trip limit adjustment are effective 
November 29, 2018, through April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, 978-281-9232.

SUPPLEMENTARY INFORMATION: 

Possession and Trip Limit Increase for Georges Bank Cod

    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 avoid the overharvest or underharvest of the 
common pool quotas.
    Based on information reported through October 13, 2018, the common 
pool fishery has caught 5,797 lb (2.6 mt) of Georges Bank (GB) cod, or 
approximately 11 percent of its 53,374 lb (24.2 mt) annual quota. At 
the current rate of fishing, the common pool fishery is not projected 
to fully harvest its annual quota for the stock by the end of the 2018 
fishing year. A moderate increase in the possession and trip limits for 
the stock will provide additional opportunities with little risk of 
exceeding the common pool quota of the stock.
    Effective November 29, 2018, the possession and trip limit of GB 
cod is increased, as summarized in Table 1. 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 November 29, 2018, may land at the new 
possession and trip limits for that trip.

     Table 1--Current and New Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                                  Current possession/    New possession/
          Permit type                 trip limits          trip limits
------------------------------------------------------------------------
Day-At-Sea (DAS)..............  100 lb (45.4 kg) per    250 lb (113.4
                                 DAS, up to 200 lb       kg) per DAS, up
                                 (90.7 kg) per trip      to 500 lb
                                 (Outside of the         (226.8 kg) per
                                 Eastern U.S./Canada     trip.
                                 Area).
                                100 lb (45.4 kg) per
                                 DAS, up to 500 lb
                                 (226.8 kg) per trip
                                 (Inside the Eastern
                                 U.S./Canada Area).
Handgear A....................  100 lb (45.4 kg) per    250 lb (113.4
                                 trip.                   kg) per trip.
Handgear B....................  25 lb (11.3 kg) per     unchanged.
                                 trip.
Small Vessel Category *.......  100 lb (45.4 kg) per    250 lb (113.4
                                 trip.                   kg) per trip.
------------------------------------------------------------------------
* The Small Vessel Category trip limit of 300 lb of cod, yellowtail
  flounder, and haddock combined remains in place.


[[Page 61569]]

Reduction of the GB Cod Trip Limit in the Closed Area II Haddock 
Special Access Program

    The projection supporting the increase of the common pool 
possession and trip limits for GB cod is based on the assumption that 
the common pool fleet fishes primarily within the Western U.S./Canada 
area, outside of any Special Access Programs (SAPs), as it has done for 
several years. As described in 50 CFR 648.85(b), SAPs are established 
to authorize specific fisheries to allow increased yield of certain 
target stocks without undermining the achievement of the goals of the 
Northeast Multispecies Fishery Management Plan. The Closed Area II 
Haddock SAP (CA2 SAP) has a limit of 1,000 lb (453.6 kg) per trip of GB 
cod, which is double the GB cod trip limit for common pool vessels not 
participating in the SAPs.
    Under a worst-case scenario projection, the common pool fleet could 
take up to 12 trips within the CA2 SAP at 1,000 lb (453.6 kg) per trip. 
In this scenario, the common pool could potentially land the entire 
common pool Eastern GB cod sub-ACL of 11,500 lb (5.2 mt), and could 
substantially contribute to exceeding the entire common pool GB cod 
sub-ACL.
    In order to avoid this worst case scenario that would contribute to 
the common pool exceeding its quotas, effective November 29, 2018, the 
trip limit of GB cod for common pool vessels participating in the CA2 
SAP is set to 500 lb (226.8 kg) per trip. In addition, this change may 
help avoid confusion and facilitate enforcement by making the CA2 SAP 
GB cod trip limit consistent with other common pool limits for the 
stock.
    Common pool groundfish vessels participating in the affected SAPs 
that have declared their trip through the vessel monitoring system 
(VMS) or interactive voice response system, and crossed the VMS 
demarcation line prior to November 29, 2018, are not subject new 
possession and trip limits for that trip.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our website 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 catch data used as the basis for this action only recently 
became available. The available analysis indicates that the increased 
possession and trip limit adjustments for GB cod will help the fishery 
achieve the optimum yield (OY) for this stock. Any delay in this action 
would limit the benefits to common pool vessels that this action is 
intended to provide.
    The decrease in the CA2 SAP trip limit reduces the low likelihood 
of overages should vessels participate in the CA2 SAP. An overage of 
the common pool quota for this stock would undermine conservation 
objectives and trigger the implementation of accountability measures 
that could reduce available catch in the next fishing year, which would 
have negative economic impacts on the common pool fishery.
    The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, would keep NMFS from implementing the 
necessary possession and trip limit changes in a timely manner, which 
could prevent the fishery from achieving the OY and cause negative 
economic impacts to the common pool fishery.

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

    Dated: November 26, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-26072 Filed 11-29-18; 8:45 am]
 BILLING CODE 3510-22-P