[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Rules and Regulations]
[Pages 48915-48916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2171-01]
RIN 0648-XC153
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; White Hake 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; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the White Hake Trimester Total Allowable Catch
(TAC) Area to all common pool vessels fishing with trawl gear, sink
gillnet gear, or longline/hook gear for the remainder of Trimester 1,
through August 31, 2012. This action is necessary to prevent the common
pool fishery from exceeding its Trimester 1 TAC or its annual catch
limit for white hake. This rule is expected to slow the catch rate of
white hake in the common pool fishery for the remainder of Trimester 1.
DATES: Effective August 15, 2012, through 2400 hours, August 31, 2012.
FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst,
978-281-9257, Fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies
fishery are found at 50 CFR part 648, subpart F. Beginning in fishing
year (FY) 2012, the common pool's annual catch limit for each stock is
apportioned into trimester total allowable catches (TACs). The
regulations at Sec. 648.82(n) require the Regional Administrator to
close the Trimester TAC Area for a stock when available information
supports a determination that 90 percent of the Trimester TAC is
projected to be caught. The Trimester TAC Area for a stock will close
to all common pool vessels fishing with gear capable of catching that
stock for the remainder of the trimester. Any overages of a trimester
TAC will be deducted from Trimester 3, and any overages of the common
pool's annual catch limit will be deducted from the common pool's catch
limit the following fishing year. Any uncaught portion of the Trimester
1 and Trimester 2 TAC will be carried over into the next trimester. Any
uncaught portion of the common pool's annual catch limit may not be
carried over into the following fishing year.
The FY 2012 common pool catch limit for white hake is 26 mt (57,320
lb). The Trimester 1 (May 1 through August 31) TAC is 10 mt (22,046
lb). Based on the best available data which includes vessel trip
reports (VTRs), dealer reported landings, and vessel monitoring system
(VMS) information, NMFS projected that 90 percent of the Trimester 1
TAC for white hake had been harvested on August 4, 2012. Therefore,
Effective August 15, 2012, the White Hake Trimester TAC Area is closed
for the remainder of Trimester 1, through August 31, 2012, to all
common pool vessels fishing with trawl gear, sink gillnet gear, and
longline/hook gear. The White Hake Trimester TAC Area will reopen to
common pool vessels fishing with trawl, sink gillnet, and longline/hook
gear at the beginning of Trimester 2, at 0001 hours, September 1, 2012.
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 (AA), finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest. This action closes the White Hake
Trimester TAC Area for common pool vessels fishing with trawl gear,
sink gillnet gear, and longling/hook gear through August 31, 2012. The
regulations at Sec. 648.82 require this action to ensure that the
common pool fishery does not exceed its catch limits for white hake in
fishing year 2012. The catch data indicating that 90 percent of the
Trimester 1 TAC for white hake has been caught only recently became
available. If implementation of this closure is delayed to solicit
prior public comment, the white hake Trimester 1 TAC will be exceeded,
thereby undermining the conservation objectives of the Fishery
Management Plan. Any overage of the Trimester 1 TAC must be deducted
from the Trimester 3 TAC, and any overage of the total catch limit in
FY 2012 must be deducted from the FY 2013 catch limit. This would have
adverse economic consequences on common pool vessels. The AA further
finds, pursuant to 5
[[Page 48916]]
U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness
period for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-20054 Filed 8-10-12; 4:15 pm]
BILLING CODE 3510-22-P