[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68797-68798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27131]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02; RTID 0648-XX021]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Closure of the Regular B Days-at-Sea Program for 
the Remainder of Fishing Year 2019

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

ACTION: Temporary rule; inseason closure.

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SUMMARY: This action closes the Regular B Days-at-Sea Program and 
prohibits the use of Regular B Days-at-Sea for all Northeast 
multispecies vessels for the remainder of fishing year 2019, through 
April 30, 2020. This action is being taken because the common pool 
fishery is projected to have caught 77 percent of the Incidental Catch 
Total Allowable Catch for Gulf of Maine Cod. We have projected that 
continuation of the program would undermine the achievements of the 
objectives of the Northeast Multispecies Fishery Management Plan and 
the Regular B Days-at-Sea Program.

DATES: This action is effective December 16, 2019, through April 30, 
2020.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 
648.85(b)(6)(vi) authorize the Regional Administrator to close the 
Regular B Days-at-Sea (DAS) program by prohibiting the use of Regular B 
DAS when the continuation of the program would undermine the 
achievement of the objectives of the Northeast Multispecies Fishery 
Management Plan (FMP) or the Regular B DAS Program.
    Framework Adjustment 58 to the Northeast Multispecies FMP (84 FR 
34799, July 19, 2019) implemented Common Pool Incidental Catch Total 
Allowable Catches (TAC) for the Regular B DAS Program for the 2019 and 
2020 fishing years, listed in Table 1 below. The Incidental Catch TAC 
for Gulf of Maine (GOM) Cod is very small, at 242.5 lb (110 kg).

Table 1--Fishing Years 2019-2020 Incidental Catch TACs for the Regular B
                               DAS Program
                            [mt, live weight]
------------------------------------------------------------------------
            Stock                     2019                  2020
------------------------------------------------------------------------
Georges Bank (GB) Cod.......  0.54 (1,190.5 lb)...  0.67 (1477.1 lb)
GOM Cod.....................  0.11 (242.5 lb)       0.11 (242.5 lb)
GB Yellowtail Flounder......  0.02 (44.1 lb)        0.04 (88.2 lb)
Cape Cod/GOM Yellowtail       0.21 (463.0 lb)       0.21 (463.0 lb)
 Flounder.
American Plaice.............  1.57 (3,461.3 lb)...  1.46 (3,218.7 lb)
Witch Flounder..............  1.15 (2,535.3 lb)...  1.15 (2,535.3 lb)
Southern New England/Mid-     0.74 (1,631.4 lb)...  0.74 (1,631.4 lb)
 Atlantic Winter Flounder.
------------------------------------------------------------------------

    Based on information reported through October 12, 2019, the common 
pool fishery is projected to have caught approximately 186 lb (84.4 
kg), or 77 percent of the 242.5-lb (110-kg) Incidental Catch Total 
Allowable Catch (TAC) for GOM cod.
    The trip limit for GOM cod for common pool vessels participating in 
the Regular B DAS Program is 25 lb per trip. At this trip limit, the 
common pool fishing has only two trips remaining before it achieves the 
Incidental Catch TAC.
    Given the current trip limit, and past fishing behavior, the common 
pool may achieve or exceed the GOM Cod Incidental Catch TAC in a very 
short amount of time. Additionally, this may happen sooner if effort in 
the Regular B DAS Program increases. Even at the current low level of 
effort in the Regular B DAS Program, we may not be able to close the 
program in time to prevent the common pool from exceeding the GOM Cod 
Incidental Catch TAC, which would be detrimental to the fishery.
    As a result, it is unlikely that we can effectively limit catch to 
the GOM Cod Incidental Catch TAC during the remainder of fishing year 
2019. We project that continuation of the Regular B DAS program would 
undermine the achievement of the objectives of the Northeast 
Multispecies FMP and the Regular B DAS Program. Effective December 16, 
2019, the Regular B DAS Program is closed and use of Regular B DAS is 
prohibited for the remainder of the 2019 fishing year, through April 
30, 2020. This applies to all vessels issued

[[Page 68798]]

a limited access Northeast multispecies permit.
    If a vessel declared its trip under a Regular B DAS through the 
Vessel Monitoring System (VMS) or the interactive voice response 
system, and crossed the VMS demarcation line prior to December 16, 
2019, it may complete its trip.
    Weekly quota monitoring reports for the Northeast Multispecies 
fishery are on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. We will continue to monitor 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 authorize the Regional Administrator to close the 
Regular B DAS Program when the continuation of the program would 
undermine the achievement of the objectives of the Northeast 
Multispecies Fishery Management Plan (FMP) or the Regular B DAS 
Program. The public had prior notice and opportunity to comment on 
these regulations and the potential for in-season closures. Updated 
catch information only recently became available indicating that the 
common pool fishery is projected to have caught 77 percent of the 
Incidental Catch TAC for GOM cod as of October 12, 2019. This action 
prevents or limits the overage of the Incidental Catch TAC for this 
stock. A delay in effectiveness would provide vessel owners an 
opportunity to continue to participate in the Regular B DAS Program, 
but any additional participation and catch in the program could cause 
the allocation to be exceeded. The time necessary to provide for prior 
notice and comment, and a 30-day delay in effectiveness, would prevent 
NMFS from implementing the Regular B DAS program closure in a timely 
manner, contrary to the purpose of the regulations. This could 
undermine conservation objectives of the Northeast Multispecies Fishery 
Management Plan and Regular B DAS Program, and cause negative economic 
impacts to the Northeast multispecies fishery.

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

    Dated: December 12, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-27131 Filed 12-16-19; 8:45 am]
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