[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61060-61061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25431]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XA732
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Correction to Cod Landing Limit for Handgear B
Vessels in the Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limit.
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SUMMARY: NMFS is decreasing the Gulf of Maine and Georges Bank cod
landing limit to 50 lb (22.7 kg) and 25 lb (11.3 kg) per trip for
Northeast multispecies open access Handgear B permitted vessels fishing
in the common pool fishery for the remainder of the 2011 fishing year
(through April 30, 2012). This action is authorized under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), and is required by the regulations implementing
the Northeast Multispecies Fishery Management Plan.
DATES: Effective October 3, 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 possession and landing
limits for Handgear B (HB) vessels fishing under common pool
regulations at Sec. 648.88(a)(1) state that the HB cod trip limit for
the Gulf of Maine (GOM) and Georges Bank (GB) shall be adjusted
proportionally (rounded up to the nearest 25 lb (11.3 kg)) ``if either
the GOM or GB cod trip limit applicable to a vessel fishing under a
Northeast (NE) multispecies day-at-sea (DAS) permit, as specified in
Sec. 648.86(b)(1) and (2), respectively, is adjusted by NMFS.'' The
initial GOM and GB cod trip limits for NE multispecies common pool
vessels fishing under a day-at-sea (DAS) are set at 800 lb (362.9 kg)
per DAS and 2,000 lb (907.2 kg) per DAS respectively. However, for
fishing year (FY) 2011, Framework Adjustment 45 (FW 45) reduced the
initial GOM cod trip limit to 500 lb (226.8 kg) per DAS from 800 lb
(362.9 kg) per DAS (76 FR 23042; April 25, 2011). An inseason
adjustment on May 24, 2011, increased the GB cod trip limit to 3,000 lb
(1,360.8 kg) per DAS from 2,000 lb (907.2 kg) per DAS (76 FR 30035; May
24, 2011). A second inseason adjustment, on August 30, 2011, decreased
the GOM cod trip limit to 350 lb (158.8 kg) per DAS and the GB cod trip
limit to 300 lb (136.1 kg) per DAS (76 FR 53832, August 30, 2011). Due
to an oversight, the HB trip limits for GOM and GB cod were not
adjusted at the beginning of FY 2011 through the FW 45 final rule, at
the time of the first inseason adjustment, or the most recent inseason
adjustment.
In the GOM, the current 350 lb (158.8 kg) per DAS landing limit
represents a 56.3-percent reduction from the initial 800 lb (362.9 kg)
per DAS limit. Therefore, the landing limit for HB vessels for GOM cod
is reduced to 50 lb (22.7 kg) per trip (75 lb (34.0 kg) per trip
reduced by 56.3 percent = 32.8 lb (14.9 kg) per trip, rounded up to 50
lb (22.7 kg) per trip). On GB, the current 300 lb (136.1 kg) per DAS
landing limit represents an 85-percent reduction from the initial 2,000
lb (907.2 kg) per DAS limit. Therefore, the landing limit for HB
vessels for GB cod is reduced to 25 lb (11.3 kg) per trip (75 lb (34.0
kg) per trip reduced by 85.0 percent = 11.3 lb (5.1 kg) per trip,
rounded up to 25 lb (11.3 kg) per trip). To correct the oversights in
the previous actions, NMFS is reducing the trip limit for GOM cod to 50
lb (22.7 kg) per trip and GB cod to 25 lb (11.3 kg) per trip for NE
multispecies HB permitted vessels in the common pool fishery for the
remainder of FY 2011 (through April 30, 2012).
Catch will be closely monitored through dealer-reported landings,
vessel monitoring system (VMS) catch reports, and other available
information. NMFS may consider future inseason adjustments to decrease
the trip limit, or to increase differential DAS measures, based on
updated catch data and projections. Conversely, if the common pool sub-
annual catch limit (ACL) is projected to be under-harvested by the end
of FY 2011, NMFS will consider in-season adjustments, such as
increasing the trip limit for the remainder of FY 2011.
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) to waive prior notice and the
opportunity for public comment for this inseason adjustment because
notice and comment 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 decreases the trip limits for GOM and GB cod to
reduce their harvest in order to prevent the common pool sub-ACLs from
being exceeded. The time necessary to provide for prior notice and
comment would prevent NMFS from implementing the necessary trip limit
adjustments in a timely manner. A resulting delay in the reduction of
trip limits would allow for continued higher catch rates and
potentially allow the pertinent common pool sub-ACLs to be exceeded.
This is contrary to NMFS's obligation under the Magnuson-Stevens Act to
prevent overfishing. Further, if the sub-ACLs are exceeded, this would
trigger the implementation of accountability measures that would have
negative economic impacts on the participants in the common pool.
Giving effect to this rule as soon as possible will prevent these
unnecessary impacts.
Further, the AA finds good cause pursuant to 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness for this action. This action
decreases the trip limits for GOM and GB cod to reduce their harvest in
order to prevent the common pool sub-ACLs from being exceeded. A delay
in the reduction of trip limits would allow for continued higher catch
rates and potentially allow the pertinent common pool sub-ACLs to
[[Page 61061]]
be exceeded. This is contrary to NMFS's obligation under the Magnuson-
Stevens Act to prevent overfishing. Further, if the sub-ACLs are
exceeded, this would trigger the implementation of accountability
measures that will have negative economic impacts on the participants
in the common pool. Giving effect to this rule as soon as possible will
prevent these unnecessary impacts
Authority: 16 U.S.C. 1801 et seq.
Dated: September 28, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-25431 Filed 9-30-11; 8:45 am]
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