[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Pages 15526-15527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07492]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XG971


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.

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

SUMMARY: This action closes the Witch Flounder Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear through April 30, 2019. The closure is required 
because the common pool fishery is projected to have caught over 90 
percent of its Trimester 3 quota for witch flounder. This closure is 
intended to prevent an overage of the common pool's quota for this 
stock.

DATES: This action is effective April 12, 2019, through April 30, 2019.

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

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

[[Page 15527]]

is projected to be caught. The closure applies to all common pool 
vessels fishing with gear capable of catching that stock, and remains 
in effect for the remainder of the trimester. During the closure, 
affected common pool vessels may not fish for, harvest, possess, or 
land regulated multispecies or ocean pout in or from the Trimester TAC 
Area for the stock.
    The Trimester 3 TAC for witch flounder is 10,009 lb (4.5 mt). Catch 
data (including landings and discards) indicate that the common pool 
fishery caught 7,689 lb (3.5 mt) of witch flounder, or 77 percent of 
the Trimester 3 TAC, through March 26, 2019. Based on remaining quota 
and recent catch rates, we have projected that by April 2, 2019, the 
common pool achieved 90 percent of the Trimester 3 TAC.
    Effective April 12, 2019, the Witch Flounder Trimester TAC Area is 
closed for the remainder of Trimester 3, through April 30, 2019. The 
Witch Flounder Trimester TAC Area consists of statistical areas 512, 
513, 514, 515, 521, 522, and 525. During the closure, common pool 
vessels fishing with trawl gear may not fish for, harvest, possess, or 
land regulated multispecies or ocean pout in or from this area. The 
area reopens at the beginning of fishing year 2019 on May 1, 2019.
    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 April 12, 2019, it may complete its trip 
within the Witch Flounder Trimester TAC Area.
    If the common pool fishery exceeds its annual sub-Allowable Catch 
Limit (sub-ACL) for a stock in the 2018 fishing year, the overage must 
be deducted from the common pool's sub-ACL for that stock for fishing 
year 2019. The fishing year 2018 sub-Allowable Catch Limit for witch 
flounder is 40,433 lb (18.3 mt). We estimate that the common pool has 
caught 38,112 lb (17.3 mt) so far in fishing year 2018.
    Weekly quota monitoring reports for the common pool fishery are 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, 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 
through March 26, 2019, only recently became available indicating that 
the common pool fishery is projected to have caught 90 percent of its 
Trimester 3 TAC for witch flounder. 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 TAC Area. 
This would be contrary to the regulatory requirement and would increase 
the likelihood that the common pool fishery would exceed its annual 
quota of witch flounder. Any overage of the Trimester 1 or Trimester 2 
TACs are deducted from the Trimester 3 TAC, and any overage of the 
annual quota would be deducted from common pool's quota for the next 
fishing year, to the detriment of this stock. This could undermine 
conservation and management objectives of the Northeast Multispecies 
Fishery Management Plan. Fishermen expect these closures to occur in a 
timely way to prevent overages and their payback requirements. Overages 
of the trimester or annual common pool quota could cause negative 
economic impacts to the common pool fishery as a result of overage 
paybacks deducted from a future trimester or fishing year.

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

    Dated: April 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-07492 Filed 4-12-19; 8:45 am]
BILLING CODE 3510-22-P