Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Adjustments for the Common Pool Fishery, 18661-18663 [2011-8056]
Download as PDF
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity compliance
guides.’’ The agency shall explain the
actions a small entity is required to take
to comply with a rule or group of rules.
Copies of the compliance guide for this
final rule is available (see ADDRESSES).
Weak Hook Voucher Program
The National Fish and Wildlife
Foundation (an independent 501(c)(3)
non-profit that preserves and restores
our nation’s native wildlife species and
habitats) is conducting a Weak Hook
Voucher Program through which
Atlantic Tuna Longline permit holders
who use PLL gear in the GOM may
obtain an initial supply of weak hooks.
The National Fish and Wildlife
Foundation will mail vouchers to
Atlantic Tuna Longline permit holders
that used PLL gear in the GOM in 2009–
2010. Atlantic Tuna Longline permit
holders that have not received the
National Fish and Wildlife Foundation
voucher in the mail by April 12, 2011,
and are planning to fish with PLL gear
in the GOM this year, may request a
voucher by contacting Mary Beth
Charles with the National Fish and
Wildlife Foundation at 202–595–2445 or
Marybeth.charles@nfwf.org. Weak hook
vouchers are for hooks that will be used
in the Gulf of Mexico and the National
Fish and Wildlife Foundation will
consider requests for vouchers on a
case-by-case basis.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Dated: March 31, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 635 is amended
as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
VerDate Mar<15>2010
13:08 Apr 04, 2011
Jkt 223001
2. In § 635.2, the definition of ‘‘round
wire stock’’ is added in alphabetical
order to read as follows:
■
§ 635.2
*
*
*
*
Round wire stock means round metal
wire, typically used in the
manufacturing of fishing hooks, that has
not been forged, or otherwise modified
or treated in any way to increase the
original factory tensile strength set by
the hook manufacturer.
*
*
*
*
*
■ 3. In § 635.21, paragraph
(c)(5)(iii)(C)(2)(i) is revised to read as
follows:
§ 635.21 Gear operation and deployment
restrictions.
*
*
*
*
*
(c) * * *
(5) * * *
(iii) * * *
(C) * * *
(2) * * *
(i) For purposes of paragraphs
(c)(5)(iii)(C)(1) and (c)(5)(iii)(C)(2) of this
section, the outer diameter of an 18/0
circle hook at its widest point must be
no smaller than 2.16 inches (55 mm),
and the outer diameter of a 16/0 circle
hook at its widest point must be no
smaller than 1.74 inches (44.3 mm),
when measured with the eye of the hook
on the vertical axis (y-axis) and
perpendicular to the horizontal axis (xaxis). The distance between the hook
point and the shank (i.e., the gap) on an
18/0 circle hook must be no larger than
1.13 inches (28.8 mm), and the gap on
a 16/0 circle hook must be no larger
than 1.01 inches (25.8 mm). The
allowable offset is measured from the
barbed end of the hook, and is relative
to the parallel plane of the eyed-end, or
shank, of the hook when laid on its side.
The only allowable offset circle hooks
are those that are offset by the hook
manufacturer. In the Gulf of Mexico, as
described at § 600.105(c), circle hooks
also must be constructed of corrodible
round wire stock that is no larger than
3.65 mm in diameter.
*
*
*
*
*
■ 4. In § 635.71, add paragraph (a)(54) to
read as follows:
Prohibitions.
*
*
*
*
*
(a) * * *
(54) Possess, use, or deploy, in the
Gulf of Mexico, any circle hook, other
than as described at § 635.21(c). Vessels
in the Gulf of Mexico, with pelagic gear
onboard, are prohibited from
possessing, using, or deploying circle
hooks that are constructed of round wire
stock which is larger than 3.65 mm in
PO 00000
Frm 00027
Fmt 4700
diameter (See:
§ 635.21(c)(5)(iii)(C)(2)(i)).
*
*
*
*
*
[FR Doc. 2011–8052 Filed 4–1–11; 8:45 am]
Definitions.
*
§ 635.71
18661
Sfmt 4700
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XA304
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Adjustments for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of landing limits.
AGENCY:
NMFS increases the
possession limit for George’s Bank (GB)
cod, Cape Cod (CC)/Gulf of Maine
(GOM) yellowtail flounder, and
Southern New England (SNE)/MidAtlantic (MA) yellowtail flounder, and
reduces the trip limit GOM cod and
GOM winter flounder for Northeast (NE)
multispecies common pool vessels for
the 2010 fishing year (FY), through
April 30, 2011. This action is authorized
under the authority of the MagnusonStevens Fishery Conservation and
Management Act, and by the regulations
implementing Amendment 16 and
Framework Adjustment 44 to the NE
Multispecies Fishery Management Plan
(FMP). The action is intended to
facilitate the harvest of GB cod, CC/
GOM yellowtail flounder, and SNE/MA
yellowtail to allow the total catch of
these stocks to approach the pertinent
common pool sub-annual catch limits
(sub-ACLs). This action is also intended
to reduce catch rates of GOM cod and
GOM winter flounder by NE common
pool vessels and minimize additional
overharvest of these stocks relative to
the pertinent common pool sub-ACLs.
DATES: The trip limit increases for GB
cod and SNE/MA and CC/GOM
yellowtail flounder are effective March
31, 2011, through April 30, 2011. The
trip limits reductions for GOM cod and
GOM winter flounder are effective April
5, 2011, through April 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Fishery Policy Analyst,
(978) 281–9257, fax (978) 281–9135.
SUMMARY:
E:\FR\FM\05APR1.SGM
05APR1
18662
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Regulations governing the NE
multispecies fishery are found at 50 CFR
648 subpart F. The regulations at
§ 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 2010, the
common pool sub-ACLs for GB cod,
GOM cod, CC/GOM yellowtail flounder,
SNE/MA yellowtail flounder, and GOM
winter flounder are: 128 mt (282,192 lb);
240 mt (529,109 lb); 50 mt (110,231 lb);
75 mt (165,347 lb), and 25 mt (55,116
lb), respectively. The current possession
limit for GB cod is 2,000 lb (907.2 kg)
per day-at-sea (DAS) up to 20,000 lb
(9,071.8 kg) per trip, and the current
possession limit for CC/GOM yellowtail
flounder and SNE/MA yellowtail
flounder is 250 lb (113.4 kg) per DAS up
to 1,500 lb (680.4 kg) per trip. The
current possession limits for GOM cod
and GOM winter flounder are: 100 lb
(45.4 kg) per DAS up to 1,000 lb (453.6
kg) per trip and 250 lb (113.4 kg) per
trip, respectively.
The initial limit for GOM cod set by
Amendment 16 was 800 lb (362.9 kg)
per DAS up to 4,000 lb (1,814.5 kg) per
trip. An inseason action published in
the Federal Register on May 27, 2010
(75 FR 29678), reduced the common
pool trip limits for five stocks: GOM
haddock, GB haddock, GOM winter
flounder, GB winter flounder, and GB
yellowtail flounder. A subsequent
action (75 FR 44924, July 30, 2010)
reduced the trip limit for GOM cod to
200 lb (90.7 kg) per DAS up to 1,000 lb
(453.6 kg) per trip and imposed a gear
restriction in the U.S./Canada
Management Area to reduce catch of GB
yellowtail flounder. A September 2,
2010, inseason action (75 FR 53872)
imposed 2:1 differential DAS counting
in the Inshore GOM, Offshore GOM,
Inshore GB, and Offshore GB
Differential DAS Areas to reduce effort
on GOM cod, white hake, and witch
flounder. A fourth action (75 FR 59154,
September 27, 2010) further reduced the
GOM cod trip limit to 100 lb (45.4 kg)
per DAS. No inseason adjustments have
been made to the possession limits for
GB cod, CC/GOM yellowtail flounder, or
SNE/MA yellowtail flounder for FY
2010.
As of March 24, 2011, the best
available catch information, including
Vessel Monitoring System (VMS)
reports and dealer reports, indicated
that approximately 44 percent of the GB
cod, 67 percent of the CC/GOM
yellowtail flounder, 24 percent of the
SNE/MA yellowtail flounder, 102
percent of the GOM cod, and 100
percent of the GOM winter flounder
common pool sub-ACLs has been
harvested. Based on this information,
the RA determined that additional
measures are needed to facilitate the
harvest of GB cod, CC/GOM yellowtail
flounder, and SNE/MA yellowtail
flounder to help allow the total catch of
these stocks by common pool vessels to
approach the pertinent common pool
sub-ACLs. Conversely, the RA
determined that additional measures are
needed to slow catch rates of GOM cod
and GOM winter flounder by common
pool vessels. Therefore, the trip limit for
GB cod is increased to 3,000 lb (1,360.8
kg) per DAS up to 30,000 lb (13,607.8
kg) per trip, and the trip limit for CC/
GOM yellowtail flounder and SNE/MA
yellowtail flounder is increased to 750
lb (340.2 kg) per DAS up to 3,000 lb
(1,360.8 kg) per trip for common pool
vessels, effective March 31, 2011
through April 30, 2011. In addition, the
trip limit for GOM cod is reduced to 100
lb (45.4 kg) per trip, and the trip limit
for GOM winter flounder is reduced to
100 lb (45.4 kg) per trip for common
pool vessels, effective April 5, 2011,
through April 30, 2011. This action does
not change the current cod trip limit for
vessels with a Handgear A (50 lb (22.7
kg) per trip), Handgear B (25 lb (11.3 kg)
per trip), or Small Vessel Category (75
lb (34.0 kg) per trip of cod within the
limit of 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder
combined) permit. This action does
change the GOM winter flounder trip
limit for vessels with a Handgear A,
Handgear B, or Small Vessel Category
permit to 100 lb (45.4 kg) per trip). The
trip limit adjustments implemented
through this action are detailed in the
table below. 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.
Stock
Old possession/trip limit
New possession/trip limit
CC/GOM yellowtail flounder
250 lb (113.4 kg) per DAS up to 1,500 lb (680.4 kg) per
trip.
250 lb (113.4 kg) per DAS up to 1,500 lb (680.4 kg) per
trip.
2,000 lb (907.2 kg) per DAS up to 20,000 lb (9,071.8
kg) per trip.
100 lb (45.4 kg) per DAS up to 1,000 lb (453.6 kg) per
trip.
250 lb (113.4 kg) per trip ................................................
750 lb (340.2 kg) per DAS up to 3,000 lb (1,360.8 kg)
per trip.
750 lb (340.2 kg) per DAS up to 3,000 lb (1,360.8 kg)
per trip.
3,000 lb (1,360.8 kg) per DAS up to 30,000 lb
(13,607.8 kg) per trip.
100 lb (45.4 kg) per trip.
SNE yellowtail flounder ........
GB cod .................................
GOM cod ..............................
GOM winter flounder ............
WReier-Aviles on DSKGBLS3C1PROD with RULES
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 finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3) to waive prior notice and the
opportunity for public comment, as well
as delayed effectiveness, for this
inseason adjustment because notice,
comment, and a delayed effectiveness
would be impracticable and contrary to
the public interest. The regulations at
VerDate Mar<15>2010
13:08 Apr 04, 2011
Jkt 223001
100 lb (45.4 kg) per trip.
§ 648.86(o) grant the RA authority to
adjust the NE multispecies possession
limits for common pool vessels in order
to prevent the overharvest or
underharvest of the pertinent common
pool sub-ACLs. This action increases
the possession limit for GB cod, CC/
GOM yellowtail flounder, and SNE/MA
yellowtail flounder to facilitate the
harvest of these stocks, as well as
reduces the trip limits for GOM cod and
GOM winter flounder to minimize
overharvest of the common pool subACLs for these stocks. Catch data upon
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
which this action is based have only
recently become available. The time
necessary to provide for prior notice and
comment, and delayed effectiveness for
this action, would prevent NMFS from
implementing the necessary possession
limit adjustments in a timely manner. A
resulting delay in the liberalization of
possession limits would unnecessarily
restrain catch rates for GB cod, CC/GOM
yellowtail flounder, and SNE/MA
yellowtail flounder, thereby preventing
the total catch of these stocks to
approach the pertinent common pool
E:\FR\FM\05APR1.SGM
05APR1
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations
sub-ACLs. In addition, a resulting delay
in the curtailment of the catch rates of
GOM cod and GOM winter flounder
could increase the amount of
overharvest of GOM cod, or cause the
GOM winter flounder sub-ACL to be
exceeded, thereby undermining the
conservation objectives of the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–8056 Filed 3–31–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126521–0640–02]
RIN 0648–XA347
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the B season
allowance of the 2011 Pacific cod
allowable catch (TAC) specified for
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:08 Apr 04, 2011
Jkt 223001
catcher vessels using trawl gear in the
BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 4, 2011, through 1200
hrs, A.l.t., June 10, 2011.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The B season allowance of the 2011
Pacific cod TAC allocated to catcher
vessels using trawl gear in the BSAI is
4,949 metric tons (mt) as established by
the final 2011 and 2012 harvest
specifications for groundfish in the
BSAI (76 FR 11139, March 1, 2011).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS, has determined that the B season
allowance of the 2011 Pacific cod TAC
allocated to catcher vessels using trawl
gear in the BSAI will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 4,449 mt, and is setting
aside the remaining 500 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
catcher vessels using trawl gear in the
BSAI.
PO 00000
Frm 00029
Fmt 4700
Sfmt 9990
18663
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at
5 U.S.C. 553(b)(B) as such requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by
catcher vessels using trawl gear in the
BSAI. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of March 30, 2011.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–8058 Filed 3–31–11; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\05APR1.SGM
05APR1
Agencies
[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Rules and Regulations]
[Pages 18661-18663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8056]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XA304
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.
-----------------------------------------------------------------------
SUMMARY: NMFS increases the possession limit for George's Bank (GB)
cod, Cape Cod (CC)/Gulf of Maine (GOM) yellowtail flounder, and
Southern New England (SNE)/Mid-Atlantic (MA) yellowtail flounder, and
reduces the trip limit GOM cod and GOM winter flounder for Northeast
(NE) multispecies common pool vessels for the 2010 fishing year (FY),
through April 30, 2011. This action is authorized under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act, and by
the regulations implementing Amendment 16 and Framework Adjustment 44
to the NE Multispecies Fishery Management Plan (FMP). The action is
intended to facilitate the harvest of GB cod, CC/GOM yellowtail
flounder, and SNE/MA yellowtail to allow the total catch of these
stocks to approach the pertinent common pool sub-annual catch limits
(sub-ACLs). This action is also intended to reduce catch rates of GOM
cod and GOM winter flounder by NE common pool vessels and minimize
additional overharvest of these stocks relative to the pertinent common
pool sub-ACLs.
DATES: The trip limit increases for GB cod and SNE/MA and CC/GOM
yellowtail flounder are effective March 31, 2011, through April 30,
2011. The trip limits reductions for GOM cod and GOM winter flounder
are effective April 5, 2011, through April 30, 2011.
FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst,
(978) 281-9257, fax (978) 281-9135.
[[Page 18662]]
SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies
fishery are found at 50 CFR 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 2010, the
common pool sub-ACLs for GB cod, GOM cod, CC/GOM yellowtail flounder,
SNE/MA yellowtail flounder, and GOM winter flounder are: 128 mt
(282,192 lb); 240 mt (529,109 lb); 50 mt (110,231 lb); 75 mt (165,347
lb), and 25 mt (55,116 lb), respectively. The current possession limit
for GB cod is 2,000 lb (907.2 kg) per day-at-sea (DAS) up to 20,000 lb
(9,071.8 kg) per trip, and the current possession limit for CC/GOM
yellowtail flounder and SNE/MA yellowtail flounder is 250 lb (113.4 kg)
per DAS up to 1,500 lb (680.4 kg) per trip. The current possession
limits for GOM cod and GOM winter flounder are: 100 lb (45.4 kg) per
DAS up to 1,000 lb (453.6 kg) per trip and 250 lb (113.4 kg) per trip,
respectively.
The initial limit for GOM cod set by Amendment 16 was 800 lb (362.9
kg) per DAS up to 4,000 lb (1,814.5 kg) per trip. An inseason action
published in the Federal Register on May 27, 2010 (75 FR 29678),
reduced the common pool trip limits for five stocks: GOM haddock, GB
haddock, GOM winter flounder, GB winter flounder, and GB yellowtail
flounder. A subsequent action (75 FR 44924, July 30, 2010) reduced the
trip limit for GOM cod to 200 lb (90.7 kg) per DAS up to 1,000 lb
(453.6 kg) per trip and imposed a gear restriction in the U.S./Canada
Management Area to reduce catch of GB yellowtail flounder. A September
2, 2010, inseason action (75 FR 53872) imposed 2:1 differential DAS
counting in the Inshore GOM, Offshore GOM, Inshore GB, and Offshore GB
Differential DAS Areas to reduce effort on GOM cod, white hake, and
witch flounder. A fourth action (75 FR 59154, September 27, 2010)
further reduced the GOM cod trip limit to 100 lb (45.4 kg) per DAS. No
inseason adjustments have been made to the possession limits for GB
cod, CC/GOM yellowtail flounder, or SNE/MA yellowtail flounder for FY
2010.
As of March 24, 2011, the best available catch information,
including Vessel Monitoring System (VMS) reports and dealer reports,
indicated that approximately 44 percent of the GB cod, 67 percent of
the CC/GOM yellowtail flounder, 24 percent of the SNE/MA yellowtail
flounder, 102 percent of the GOM cod, and 100 percent of the GOM winter
flounder common pool sub-ACLs has been harvested. Based on this
information, the RA determined that additional measures are needed to
facilitate the harvest of GB cod, CC/GOM yellowtail flounder, and SNE/
MA yellowtail flounder to help allow the total catch of these stocks by
common pool vessels to approach the pertinent common pool sub-ACLs.
Conversely, the RA determined that additional measures are needed to
slow catch rates of GOM cod and GOM winter flounder by common pool
vessels. Therefore, the trip limit for GB cod is increased to 3,000 lb
(1,360.8 kg) per DAS up to 30,000 lb (13,607.8 kg) per trip, and the
trip limit for CC/GOM yellowtail flounder and SNE/MA yellowtail
flounder is increased to 750 lb (340.2 kg) per DAS up to 3,000 lb
(1,360.8 kg) per trip for common pool vessels, effective March 31, 2011
through April 30, 2011. In addition, the trip limit for GOM cod is
reduced to 100 lb (45.4 kg) per trip, and the trip limit for GOM winter
flounder is reduced to 100 lb (45.4 kg) per trip for common pool
vessels, effective April 5, 2011, through April 30, 2011. This action
does not change the current cod trip limit for vessels with a Handgear
A (50 lb (22.7 kg) per trip), Handgear B (25 lb (11.3 kg) per trip), or
Small Vessel Category (75 lb (34.0 kg) per trip of cod within the limit
of 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined)
permit. This action does change the GOM winter flounder trip limit for
vessels with a Handgear A, Handgear B, or Small Vessel Category permit
to 100 lb (45.4 kg) per trip). The trip limit adjustments implemented
through this action are detailed in the table below. 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.
------------------------------------------------------------------------
Old possession/trip New possession/trip
Stock limit limit
------------------------------------------------------------------------
CC/GOM yellowtail flounder.. 250 lb (113.4 kg) 750 lb (340.2 kg)
per DAS up to 1,500 per DAS up to 3,000
lb (680.4 kg) per lb (1,360.8 kg) per
trip. trip.
SNE yellowtail flounder..... 250 lb (113.4 kg) 750 lb (340.2 kg)
per DAS up to 1,500 per DAS up to 3,000
lb (680.4 kg) per lb (1,360.8 kg) per
trip. trip.
GB cod...................... 2,000 lb (907.2 kg) 3,000 lb (1,360.8
per DAS up to kg) per DAS up to
20,000 lb (9,071.8 30,000 lb (13,607.8
kg) per trip. kg) per trip.
GOM cod..................... 100 lb (45.4 kg) per 100 lb (45.4 kg) per
DAS up to 1,000 lb trip.
(453.6 kg) per trip.
GOM winter flounder......... 250 lb (113.4 kg) 100 lb (45.4 kg) per
per trip. trip.
------------------------------------------------------------------------
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 finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3) to waive prior notice and
the opportunity for public comment, as well as delayed effectiveness,
for this inseason adjustment because notice, comment, and a delayed
effectiveness 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 possession limits for common pool vessels in
order to prevent the overharvest or underharvest of the pertinent
common pool sub-ACLs. This action increases the possession limit for GB
cod, CC/GOM yellowtail flounder, and SNE/MA yellowtail flounder to
facilitate the harvest of these stocks, as well as reduces the trip
limits for GOM cod and GOM winter flounder to minimize overharvest of
the common pool sub-ACLs for these stocks. Catch data upon which this
action is based have only recently become available. The time necessary
to provide for prior notice and comment, and delayed effectiveness for
this action, would prevent NMFS from implementing the necessary
possession limit adjustments in a timely manner. A resulting delay in
the liberalization of possession limits would unnecessarily restrain
catch rates for GB cod, CC/GOM yellowtail flounder, and SNE/MA
yellowtail flounder, thereby preventing the total catch of these stocks
to approach the pertinent common pool
[[Page 18663]]
sub-ACLs. In addition, a resulting delay in the curtailment of the
catch rates of GOM cod and GOM winter flounder could increase the
amount of overharvest of GOM cod, or cause the GOM winter flounder sub-
ACL to be exceeded, thereby undermining the conservation objectives of
the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-8056 Filed 3-31-11; 4:15 pm]
BILLING CODE 3510-22-P