[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3339-3340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00909]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150105004-5355-01]
RIN 0648-XE398


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Adjustment for the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: This action decreases the possession and trip limit for 
Southern New England/Mid-Atlantic yellowtail flounder for Northeast 
multispecies common pool vessels for the remainder of the 2015 fishing 
year. The most recent catch data indicates that the common pool is 
expected to reach its annual quota for this stock before the end of 
January. Decreasing the trip limit is intended to prevent the common 
pool fishery from exceeding its allocation for the stock in the 2015 
fishing year, and from triggering an area closure for portions of 
Southern New England/Mid-Atlantic.

DATES: The possession and trip limit decrease is effective January 15, 
2016, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, 978-282-8493.

SUPPLEMENTARY INFORMATION: The regulations at Sec.  648.86(o) authorize 
the Regional Administrator to adjust the possession and trip limits for 
common pool vessels in order to help prevent the overharvest or 
underharvest of the common pool quotas.
    Based on information and data reported through January 5, 2016, the 
common pool fishery has caught approximately 76 percent of its annual 
quota for Southern New England/Mid-Atlantic (SNE/MA) yellowtail 
flounder. At the current rate of fishing, the common pool fishery is 
projected to reach its annual quota by January 26, 2016. Any overage of 
the annual quota will be deducted from the next fishing year's annual 
quota. Additionally, we project that 90 percent of the common pool's 
Trimester 3 Total Allowable Catch (TAC) for SNE/MA yellowtail flounder 
will be reached by January 24, 2016. If the common pool reaches 90 
percent of the Trimester TAC, we are required by regulations at Sec.  
648.82(n)(2)(ii) to close the SNE/MA Yellowtail Flounder Trimester TAC 
Area (defined at Sec.  648.82(n)(2)(ii)(F)) to all common pool vessels 
fishing on groundfish trips with trawl and sink gillnet gear.
    The current possession and trip limit of SNE/MA yellowtail flounder 
is 2,000 lb (907 kg) per day-at-sea (DAS), and up to 6,000 lb (2,722 
kg) per trip for common pool vessels. To help prevent the common pool 
fishery from exceeding its SNE/MA yellowtail flounder allocation for 
the 2015 fishing year, and to help prevent the common pool from 
triggering a closure of the SNE/MA Yellowtail Flounder Trimester TAC 
Area for the remainder of the fishing year by reaching 90 percent of 
the Trimester 3 TAC, effective January 15, 2016, the possession and 
trip limit of SNE/MA yellowtail flounder for all common pool vessels is 
decreased to 50 lb (22.7 kg) per trip.
    Common pool groundfish vessels that have declared their trip 
through the vessel monitoring system (VMS) or interactive voice 
response (IVR) system, and crossed the VMS demarcation line prior to 
January 15, 2016, are not subject to the new possession and trip limit 
for that trip.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We 
will continue to monitor common pool catch through vessel trip reports, 
dealer-reported landings, vessel monitoring system 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

[[Page 3340]]

and the 30-day delayed effectiveness period because it would be 
impracticable and contrary to the public interest.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels in order to help prevent the overharvest 
or underharvest of the pertinent common pool quotas. The catch data 
used as the basis for this action only recently became available. The 
available analysis indicates that if the SNE/MA yellowtail flounder 
possession and trip limit are not reduced immediately, the common pool 
fishery will likely exceed its 2015 fishing year allocation for this 
stock by January 26, 2016. Analysis also indicates that if the 
possession and trip limit are not reduced immediately, the common pool 
fishery will likely reach 90 percent of its Trimester 3 TAC by January 
24, 2016, triggering a closure of the SNE/MA Yellowtail Flounder 
Trimester TAC Area. This action reduces the probability of the common 
pool fishery exceeding its allocation for SNE/MA yellowtail flounder. 
Any overages of the common pool quota for this stock would undermine 
conservation objectives and trigger the implementation of 
accountability measures that would have negative economic impacts on 
the common pool vessels. The time necessary to provide for prior notice 
and comment, and a 30-day delay in effectiveness, would prevent NMFS 
from implementing the necessary possession and trip limit adjustment in 
a timely manner, which could undermine conservation objectives of the 
Northeast Multispecies Fishery Management Plan, and cause negative 
economic impacts to the common pool fishery.

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

    Dated: January 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-00909 Filed 1-15-16; 8:45 am]
 BILLING CODE 3510-22-P