[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14697-14698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6048]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XB059
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Adjustments for the Common Pool
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limits.
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SUMMARY: NMFS increases the possession limits for Georges Bank (GB) cod
and Southern New England (SNE)/Mid-Atlantic (MA) yellowtail flounder
for Northeast (NE) multispecies common pool vessels for the remainder
of the 2011 fishing year (FY), through April 30, 2012. This is intended
to facilitate the harvest of GB cod and SNE/MA yellowtail flounder to
allow the total catch of these stocks to approach their pertinent
common pool sub-annual catch limits (sub-ACLs).
DATES: Effective March 8, 2012, 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 NE Regional Administrator (RA) to adjust
the possession 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-ACLs for GB cod is 205,030 lb (93 mt). The initial FY
2011 trip limit for GB cod was 2,000 lb (907.2 kg) per day-at-sea
(DAS), up to 20,000 lb (9,071.8 kg) per trip, for Category A DAS
vessels. However, the intended initial trip limit for GB cod for FY
2011 under Framework Adjustment 45 to the NE Multispecies Fishery
Management Plan (FMP) was 3,000 lb (1,360.8 kg) per DAS, up to 30,000
lb (13,607.8 kg) per trip. Therefore, an inseason action that published
in the Federal Register on May 19, 2011 (76 FR 30035) increased the
trip limit to 3,000 lb (1,360.8 kg) per DAS, up to 30,000 (13,607.8 kg)
per trip to adjust for this inadvertent error. Subsequently, an
inseason action that published in the Federal Register on August 30,
2011 (76 FR 53832), reduced the GB cod trip limit to 300 lb (136.1 kg)
per DAS, up to 600 lb (272.2 kg) per trip, for Category A DAS vessels.
For Handgear B vessels, the GB cod trip limit was reduced to 25 lb
(11.3 kg) per trip from 75 lb (34.0 kg) per trip on October 3, 2011 (76
FR 61060).
For FY 2011, the common pool sub-ACL for SNE/MA yellowtail flounder
is 265,555 lb (120 mt). The initial trip limit for SNE/MA yellowtail
flounder was 500 lb (226.8 kg) per DAS up to 2,000 lb (907.2 kg) per
trip, and has not been revised for this fishing year.
As of February 25, 2011, the best available catch information,
including information from Vessel Monitoring System (VMS) reports and
dealer reports, indicates that approximately 58.5 percent of the GB cod
and 1.2 percent of the SNE/MA yellowtail flounder common pool sub-ACLs
has been harvested. Based on this information, the RA has determined
that additional measures are warranted to help facilitate the harvest
of GB cod and SNE/MA yellowtail flounder to better allow the total
catch of these stocks by
[[Page 14698]]
common pool vessels to approach their pertinent common pool sub-ACLs.
Therefore, the trip limit for GB cod is increased to 1,500 lb (608.4
kg) per DAS, up to 4,500 lb (2,041.1 kg) per trip; and the trip limit
for SNE/MA yellowtail flounder is increased to 1,500 lb (608.4 kg) per
DAS, up to 4,500 lb (2,041.8 kg) per trip, for Category A DAS vessels,
effective March 8, 2012, through April 30, 2012. In addition, the trip
limit for GB cod is increased to 75 lb (34.0 kg) per trip for open
access Handgear B vessels effective March 8, 2012, through April 30,
2012. This action does not change the current cod trip limit for
vessels with a limited access Handgear A permit (300 lb (136.1. 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) 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. The information informing this action only very recently
became available. Give this fact, this action increases the trip limits
for GB cod and SNE/MA yellowtail flounder to reduce the probability of
underharvesting the common pool sub-ACLs. The information informing
this action only very recently became available. Given his fact, 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 liberalization of trip limits would
unnecessarily restrain catch rates for GB cod and SNE/MA yellowtail
flounder, thereby preventing the total catch of these stocks to further
approach the pertinent common pool sub-ACL. 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
increases the trip limits for GB cod and SNE/MA yellowtail flounder to
reduce the probability of underharvesting the common pool sub-ACLs. A
delay in the increase of these trip limits would prevent vessels from
harvesting catch at higher rates and potentially prevent the total
catch of these stocks to further approach the pertinent common pool
sub-ACL. Giving effect to this rule as soon as possible will prevent
these unnecessary impacts.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-6048 Filed 3-8-12; 4:15 pm]
BILLING CODE 3510-22-P