[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Page 38111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13929]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151211999-6343-02]
RIN 0648-XE670
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; 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; area closure.
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SUMMARY: This action closes the witch flounder Trimester Total
Allowable Catch Area to Northeast multispecies common pool vessels
fishing with trawl gear for the remainder of Trimester 1, through
August 31, 2016. The closure is required by regulation because the
common pool fishery has caught 90 percent of its Trimester 1 quota for
witch flounder. This closure is intended to prevent an overage of the
common pool's quota for this stock.
DATES: This action is effective June 8, 2016, through August 31, 2016.
FOR FURTHER INFORMATION CONTACT: Liz Scheimer, Fishery Management
Specialist, (978) 281-9236.
SUPPLEMENTARY INFORMATION: Federal regulations at Sec.
648.82(n)(2)(ii) require the Regional Administrator to close a common
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90
percent of the Trimester TAC is projected to be caught. The closure
applies to all common pool vessels fishing with gear capable of
catching that stock for the remainder of the trimester.
As of May 31, 2016, the common pool fishery caught approximately 62
percent of the Trimester 1 TAC (2.1 mt) for witch flounder. We project
that 90 percent of the Trimester 1 TAC will be caught by June 8, 2016.
The fishing year 2016 common pool sub-annual catch limit (sub-ACL) for
witch flounder is 8 mt.
Effective June 8, 2016, the witch flounder Trimester TAC Area is
closed for the remainder of Trimester 1, through August 31, 2016, to
all common pool vessels fishing with trawl gear. The witch flounder
Trimester TAC Area consists of statistical areas 512, 513, 514, 515,
521, 522, and 525. The area reopens at the beginning of Trimester 2 on
September 1, 2016.
If a vessel declared its trip through the Vessel Monitoring System
(VMS) or the interactive voice response system, and crossed the VMS
demarcation line prior to June 8, 2016, it may complete its trip within
the Trimester TAC Area.
Any overage of the Trimester 1 or 2 TACs must be deducted from the
Trimester 3 TAC. If the common pool fishery exceeds its sub-ACL for the
2016 fishing year, the overage must be deducted from the common pool's
sub-ACL for fishing year 2017. Any uncaught portion of the Trimester 1
and Trimester 2 TACs is carried over into the next trimester. However,
any uncaught portion of the common pool's sub-ACL may not be carried
over into the following fishing year.
Weekly quota monitoring reports for the common pool fishery are 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, VMS 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 and the 30-day delayed
effectiveness period because it would be impracticable and contrary to
the public interest.
The regulations require the Regional Administrator to close a
trimester TAC area to the common pool fishery when 90 percent of the
Trimester TAC for a stock has been caught. Updated catch information
only recently became available indicating that the common pool fishery
has caught 90 percent of its Trimester 1 TAC for witch flounder as of
June 8, 2016. The time necessary to provide for prior notice and
comment, and a 30-day delay in effectiveness, prevents the immediate
closure of the witch flounder Trimester 1 TAC Area. This increases the
likelihood that the common pool fishery exceeds its quota of witch
flounder to the detriment of this stock, which could undermine
management objectives of the Northeast Multispecies Fishery Management
Plan. Additionally, an overage of the common pool quota could cause
negative economic impacts to the common pool fishery as a result of
overage paybacks in a future trimester or fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 8, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-13929 Filed 6-8-16; 4:15 pm]
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