Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Decrease for the Common Pool Fishery, 53832-53833 [2011-22141]
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53832
Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
Table 1 for the commercial summer
flounder quota for Maryland is corrected
to read as follows:
TABLE 1—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2011
*
*
MD .................................................
*
2.03910
*
srobinson on DSK4SPTVN1PROD with RULES
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
this would be impracticable and
contrary to the public interest. The
proposed rule for the 2011 summer
flounder, scup, and black sea bass
specification already took comment on
the initial summer flounder quota with
the understanding that overage
adjustments would be made. This action
is correcting an error found in the
specifications regarding the amount of
commercial summer flounder quota
allocated to Maryland. Using the most
recent summer flounder landings data
for Maryland, NMFS determined that
the 2011 commercial summer flounder
quota for Maryland should be increased
from 298,330 lb (135.3 mt) to 354,296 lb
(160.7 mt). This action is correcting an
error made in the overage calculation
and not to the initial summer flounder
quota. Delaying the implementation of
this action to allow for prior notice and
opportunity for comment of this
correction could result in a premature
closure of the summer flounder fishery
in Maryland. Given that Maryland has
surpassed the state’s summer flounder
quota in the past, if the revised quota is
not implemented, there is a higher
potential this could happen again, and
could produce unnecessary adverse
economic consequences for fishermen
that participate in this fishery. The
measures in the proposed rule for the
2011 summer flounder, scup, and black
sea bass specifications, for which the
opportunity for public comment was
already given, are unaffected by this
correction.
Moreover, pursuant to 5 U.S.C.
553(d), the Assistant Administrator
finds good cause to waive the 30-day
delay in effective date. This action is
correcting an error found in the
specifications regarding the amount of
commercial summer flounder quota
18:46 Aug 29, 2011
lb
*
360,676
Jkt 223001
Initial quota,
less RSA
kg
lb
2010 quota overages
(through 10/31/10)
kg
*
163,603
*
Classification
VerDate Mar<15>2010
Initial quota
(TAL)
FMP
percent
share
State
lb
*
160,709
354,296
*
Authority: 16 U.S.C. 1801 et seq.
Dated: August 24, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–22164 Filed 8–29–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XA652
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Decrease for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of trip limit.
AGENCY:
Frm 00022
Fmt 4700
Sfmt 4700
lb
*
0
*
allocated to Maryland. Delaying the
effective date of this correction for 30
days could result in a premature closure
of the summer flounder fishery in
Maryland. Given that Maryland has
surpassed the state’s summer flounder
quota in the past, if the revised quota is
not implemented immediately, there is
a higher potential this could happen
again, and could produce unnecessary
adverse economic consequences for
fishermen that participate in this
fishery.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
This final rule is exempt from review
under Executive Order 12866.
PO 00000
kg
Adjusted quota,
less RSA
*
0
*
kg
354,296
160,760
*
NMFS decreases the trip
limits for Gulf of Maine (GOM) and
George’s Bank (GB) cod for Northeast
(NE) multispecies common pool vessels
for the 2011 fishing year (FY), through
April 30, 2012. This action is authorized
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), and by the regulations
implementing Amendment 16 and
Framework Adjustment (FW) 44 to the
NE Multispecies Fishery Management
Plan (FMP). The action is intended to
reduce the harvest of GOM and GB cod
to prevent the common pool sub-annual
catch limit (sub-ACL) from being
exceeded.
DATES: Effective August 30, 2011,
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
§ 648.86(o) authorize the NMFS NE
Regional Administrator (RA) to adjust
the trip limits for common pool vessels
in order to optimize the harvest of NE
regulated multispecies by preventing
the overharvest or underharvest of
stocks subject to sub-ACLs. For FY
2011, the common pool sub-ACL for
GOM cod is 229,281 lb (104 mt). The
current trip limit for GOM cod is 500 lb
(226.8 kg) per day-at-sea (DAS), up to
2,000 lb (907.2 kg) per trip (76 FR
23042; April 25, 2011). The common
pool sub-ACL for GB cod is 205,030 lb
(93 mt). The current trip limit for GB
cod is 3,000 lb (1,360.8 kg) per day-atsea (DAS), up to 30,000 lb (13,607.8 kg)
per trip (76 FR 30035; May 24, 2011).
As of August 11, 2011, based on the
best available catch information,
including Vessel Monitoring System
(VMS) reports, dealer reports, and vessel
trip reports, approximately 57 percent of
the GOM cod, and 59 percent of the GB
SUMMARY:
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
cod of the common pool sub-ACLs have
been harvested.
This action decreases the GOM cod
trip limit to 350 lb (158.8 kg) per DAS,
up to 1,000 lb (453.6 kg) per trip and
decreases the GB cod trip limit to 300
lb (136.1 kg) per DAS, up to 600 lb
(272.2 kg) per trip, for common pool
vessels, effective August 30, 2011,
through April 30, 2012, to reduce
harvest of these stocks and prevent the
overharvest of their respective sub-ACLs
This action does not change the current
GB cod trip limit for vessels with a
Handgear A permit (300 lb (136.1 kg)
per trip), Handgear B permit (75 lb (34.0
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
§ 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 subACLs. This action decreases the trip
limits for GOM and GB cod to reduce
their harvest in order to prevent the
common pool sub-ACLs from being
exceeded. 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
reduction of trip limits would allow for
continued higher catch rates and
potentially allow the pertinent common
pool sub-ACLs to be exceeded. This is
contrary to the agency’s obligation
under the Magnuson-Stevens Act to
prevent overfishing. Further, if the subACLs are exceeded, this would trigger
the implementation of accountability
measures that will have negative
economic impacts on the participants in
the common pool. 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
VerDate Mar<15>2010
18:46 Aug 29, 2011
Jkt 223001
action. This action decreases the trip
limits for GOM and GB cod to reduce
their harvest in order to prevent the
common pool sub-ACLs from being
exceeded. A delay in the reduction of
trip limits would allow for continued
higher catch rates and potentially allow
the pertinent common pool sub-ACLs to
be exceeded. This is contrary to the
agency’s obligation under the
Magnuson-Stevens Act to prevent
overfishing. Further, if the sub-ACLs are
exceeded, this would trigger the
implementation of accountability
measures that will have negative
economic impacts on the participants in
the common pool. Giving effect to this
rule as soon as possible will prevent
these unnecessary impacts
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2011.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–22141 Filed 8–29–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 110721401–1470–01]
RIN 0648–BB31
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Amendments 20 and 21; Trawl
Rationalization Program; Correcting
Amendments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
NMFS announces a correcting
amendment to regulations
implementing the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP). The regulations
implementing Amendments 20 and 21
to the PCGFMP, which included
reorganization of the entire groundfish
regulations and revision of the trawl
related regulations, contained
inadvertent non-substantive errors that
are being corrected by this action in
order to assure the enforceability of the
regulations and reduce potential
confusion of regulated parties.
Amendment 20 established a trawl
rationalization program for the Pacific
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
53833
Coast groundfish fishery, which
included an individual fishing quota
(IFQ) program for the shorebased trawl
fleet (including whiting and nonwhiting
sectors); and cooperative (coop)
programs for the at-sea (whiting only)
mothership and catcher/processor trawl
fleets. Amendment 21 established fixed
allocations for limited entry trawl
participants.
DATES: This action is effective August
30, 2011.
FOR FURTHER INFORMATION CONTACT:
Becky Renko, NMFS, Northwest Region,
206–526–6110.
SUPPLEMENTARY INFORMATION:
Need for Corrections
On October 1, 2010 (75 FR 60868) and
December 15, 2010 (75 FR 78344) NMFS
published final rules to implement
Amendments 20 and 21 to the PCGFMP.
The October 1, 2010, final rule
reorganized the Pacific Coast groundfish
regulations previously at subpart G of
part 660 by restructuring the regulations
in subparts C through G of part 660 and
adding regulations for establishing a
new allocation structure and issuance of
quota shares for the new trawl
rationalization program. The second
final rule, published on December 15,
2010, implemented the management
structure for the trawl rationalization
program that took effect on January 1,
2011. These actions contained
numerous inadvertent minor errors in
regulatory text, including: duplicate
paragraphs; cross references that refer to
incorrect sections and paragraphs;
inconsistent formatting for cross
references; and obsolete regulatory text
that was not removed. This action
corrects these non-substantive errors.
Duplicate paragraphs were identified
at § 660.112 (c)(5) and (d)(12), § 660.150
(f)(2), and § 660.160 (e)(1). This action
removes the duplicate regulatory text.
Incorrect cross references as well as
cross reference formatting errors are
being corrected by this action. Language
regarding the use of ‘‘bycatch limits’’ in
the Pacific whiting fishery has been
removed as they are no longer in use
and have been replaced by allocations.
Terms that were defined in the
definitions, but inconsistently used in
regulatory text were revised, including
‘‘Pacific Fishery Management Council’’,
‘‘sablefish primary season’’ and
‘‘economic data collection.’’
Classification
The Assistant Administrator (AA)
finds good cause under 5 U.S.C.
553(b)(3)(B) to waive prior notice and
opportunity for public comment
because it is unnecessary and contrary
E:\FR\FM\30AUR1.SGM
30AUR1
Agencies
[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53832-53833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22141]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XA652
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Decrease for the Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of trip limit.
-----------------------------------------------------------------------
SUMMARY: NMFS decreases the trip limits for Gulf of Maine (GOM) and
George's Bank (GB) cod for Northeast (NE) multispecies common pool
vessels for the 2011 fishing year (FY), through April 30, 2012. This
action is authorized under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), and by
the regulations implementing Amendment 16 and Framework Adjustment (FW)
44 to the NE Multispecies Fishery Management Plan (FMP). The action is
intended to reduce the harvest of GOM and GB cod to prevent the common
pool sub-annual catch limit (sub-ACL) from being exceeded.
DATES: Effective August 30, 2011, 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 NMFS NE Regional Administrator (RA) to
adjust the trip limits for common pool vessels in order to optimize the
harvest of NE regulated multispecies by preventing the overharvest or
underharvest of stocks subject to sub-ACLs. For FY 2011, the common
pool sub-ACL for GOM cod is 229,281 lb (104 mt). The current trip limit
for GOM cod is 500 lb (226.8 kg) per day-at-sea (DAS), up to 2,000 lb
(907.2 kg) per trip (76 FR 23042; April 25, 2011). The common pool sub-
ACL for GB cod is 205,030 lb (93 mt). The current trip limit for GB cod
is 3,000 lb (1,360.8 kg) per day-at-sea (DAS), up to 30,000 lb
(13,607.8 kg) per trip (76 FR 30035; May 24, 2011).
As of August 11, 2011, based on the best available catch
information, including Vessel Monitoring System (VMS) reports, dealer
reports, and vessel trip reports, approximately 57 percent of the GOM
cod, and 59 percent of the GB
[[Page 53833]]
cod of the common pool sub-ACLs have been harvested.
This action decreases the GOM cod trip limit to 350 lb (158.8 kg)
per DAS, up to 1,000 lb (453.6 kg) per trip and decreases the GB cod
trip limit to 300 lb (136.1 kg) per DAS, up to 600 lb (272.2 kg) per
trip, for common pool vessels, effective August 30, 2011, through April
30, 2012, to reduce harvest of these stocks and prevent the overharvest
of their respective sub-ACLs This action does not change the current GB
cod trip limit for vessels with a Handgear A permit (300 lb (136.1 kg)
per trip), Handgear B permit (75 lb (34.0 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. This action decreases the trip limits for GOM and GB cod to
reduce their harvest in order to prevent the common pool sub-ACLs from
being exceeded. 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 reduction of
trip limits would allow for continued higher catch rates and
potentially allow the pertinent common pool sub-ACLs to be exceeded.
This is contrary to the agency's obligation under the Magnuson-Stevens
Act to prevent overfishing. Further, if the sub-ACLs are exceeded, this
would trigger the implementation of accountability measures that will
have negative economic impacts on the participants in the common pool.
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
decreases the trip limits for GOM and GB cod to reduce their harvest in
order to prevent the common pool sub-ACLs from being exceeded. A delay
in the reduction of trip limits would allow for continued higher catch
rates and potentially allow the pertinent common pool sub-ACLs to be
exceeded. This is contrary to the agency's obligation under the
Magnuson-Stevens Act to prevent overfishing. Further, if the sub-ACLs
are exceeded, this would trigger the implementation of accountability
measures that will have negative economic impacts on the participants
in the common pool. Giving effect to this rule as soon as possible will
prevent these unnecessary impacts
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-22141 Filed 8-29-11; 8:45 am]
BILLING CODE 3510-22-P