[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Page 30035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12748]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XA429
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Increase for the Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of trip limit.
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SUMMARY: NMFS increases the trip limit for George's Bank (GB) cod for
Northeast (NE) multispecies common pool vessels for the 2011 fishing
year (FY), through April 30, 2012. This action is authorized under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), and by the regulations implementing
Amendment 16 and Framework Adjustment (FW) 44 to the NE Multispecies
Fishery Management Plan (FMP). The action is intended to facilitate the
harvest of GB cod to allow the total catch of this stock to further
approach the common pool sub-annual catch limit (sub-ACL).
DATES: Effective May 19, 2011, through April 30, 2012.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, (978) 675-2153, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies
fishery are found at 50 CFR part 648, subpart F. The regulations at
Sec. 648.86(o) authorize the NMFS NE Regional Administrator (RA) to
adjust the trip limits for common pool vessels in order to optimize the
harvest of NE regulated multispecies by preventing the overharvest or
underharvest of the pertinent common pool sub-ACLs. For FY 2011, the
common pool sub-ACL for GB cod is 218,528 lb (99 mt). The current trip
limit for GB cod is 2,000 lb (907.2 kg) per day-at-sea (DAS), up to
20,000 lb (9,071.8 kg) per trip.
The initial FY 2011 trip limit for GB cod was intended to be 3,000
lb (1,360.8 kg) per DAS, up to 30,000 lb (13,607.8 kg) per trip.
However, the final rule implementing FW 45 (79 FR 23042; May 1, 2011)
inadvertently implemented a trip limit of 2,000 lb (907.2 kg) per DAS,
up to 20,000 lb (9,071.8 kg) per trip. The intended trip limit was
developed after considering changes to the FY 2011 common pool sub-ACLs
and sector rosters, catch rates of this stock during FY 2010, the
implementation of differential DAS counting during FY 2011, public
comment on proposed trip limits, and other available information.
As of May 6, 2011, the best available catch information, including
Vessel Monitoring System (VMS) reports and dealer reports, indicates
that almost none of the GB cod sub-ACL has been harvested. This action
increases the GB cod trip limit to 3,000 lb (1,360.8 kg) per DAS, up to
30,000 lb (13,607.8 kg) per trip, for common pool vessels, effective
May 19, 2011, through April 30, 2012, to provide additional incentive
to harvest this stock and to implement the intended initial trip limit
for GB cod. This action does not change the current GB cod trip limit
for vessels with a Handgear A permit (300 lb (136.1 kg) per trip),
Handgear B permit (75 lb (34.0 kg) per trip), or Small Vessel Category
permit (300 lb (136.1 kg) of cod, haddock, and yellowtail flounder
combined). Catch will continue to be monitored through dealer-reported
landings, VMS catch reports, and other available information, and if
necessary, additional adjustments to common pool management measures
may be made.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3) to waive prior
notice and the opportunity for public comment, as well as delayed
effectiveness, for this inseason adjustment because notice, comment,
and a delayed effectiveness would be impracticable and contrary to the
public interest. The regulations at Sec. 648.86(o) grant the RA
authority to adjust the NE multispecies trip limits for common pool
vessels in order to prevent the overharvest or underharvest of the
pertinent common pool sub-ACLs. This action increases the trip limit
for GB cod to implement the intended initial trip limit for FY 2011 and
to facilitate the harvest of the common pool sub-ACLs for this stock.
The time necessary to provide for prior notice and comment, and delayed
effectiveness for this action, would prevent NMFS from implementing the
necessary trip limit adjustments in a timely manner. A resulting delay
in the liberalization of trip limits would unnecessarily restrain catch
rates for GB cod, thereby preventing the total catch of these stocks to
further approach the pertinent common pool sub-ACL.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-12748 Filed 5-19-11; 4:15 pm]
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