Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Adjustments for the Common Pool Fishery, 10556-10557 [2013-03476]
Download as PDF
<![CDATA[
10556
Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations
Court of Appeals for the appropriate
circuit by April 15, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
DEPARTMENT OF COMMERCE
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental
regulations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements.
SUMMARY:
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Effective February 11, 2013,
through April 30, 2013.
[Docket No. 120109034–2171–01]
FOR FURTHER INFORMATION CONTACT:
RIN 0648–XC456
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.
This temporary rule increases
the possession limits for Georges Bank
cod, Gulf of Maine cod, and Southern
New England/Mid-Atlantic yellowtail
flounder for Northeast multispecies
common pool vessels for the remainder
of the 2012 fishing year. This rule also
decreases the trip limits for white hake
and pollock. This is intended to
facilitate the harvest of Georges Bank
cod, Gulf of Maine cod, and Southern
New England/Mid-Atlantic yellowtail
flounder to allow the total catch of these
stocks to approach their pertinent
common pool sub-annual catch limits
Dated: January 29, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–03250 Filed 2–13–13; 8:45 am]
BILLING CODE 6560–50–P
sub-annual catch limits and prevent the
overharvest of the white hake and
pollock sub-annual catch limits.
DATES:
Brett Alger, Fisheries Management
Specialist, 978–675–2153, Fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Northeast
(NE) multispecies fishery are found at
50 CFR part 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-annual catch limits (ACLs). As
of January 30, 2013, Gulf of Maine
(GOM) cod, Georges Bank (GB) cod, and
Southern New England (SNE)/MidAtlatnic (MA) yellowtail flounder catch
is well below their respective quotas,
and conversely, catch of white hake and
pollock is relatively high with
approximately 3 months remaining in
fishing year (FY) 2012. Table 1 includes
the common pool sub-ACL for each
stock affected by this action and the
amount that has been caught as of
February 7, 2013.
TABLE 1—SUB-ACLS AND CURRENT CATCH OF FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL
Sub-ACL (lb)
GOM Cod .....................................................................................................................................
GB Cod ........................................................................................................................................
SNE/MA Yellowtail Flounder .......................................................................................................
White Hake ..................................................................................................................................
Pollock .........................................................................................................................................
Framework Adjustment 47 (FW 47) to
the NE Multispecies Fishery
Management Plan (FMP) established the
current trip limits for the common pool
vessels fishing under a Category A dayat-sea (DAS) (77 FR 26104). Since then,
there have been no adjustments to any
trip limits for any common pool vessels.
Sub-ACL (mt)
176,414
179,489
338,099
57,896
180,323
Percent
harvested
80
81
153
26
82
35.5
20.3
6.1
88.7
77.8
Table 2 contains the current landing
limit and the new landing limit being
implemented by this action.
TABLE 2—THE CURRENT AND NEW TRIP LIMITS FOR FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL
Current DAS limit
GOM Cod .............................
GB Cod ................................
mstockstill on DSK4VPTVN1PROD with RULES
SNE/MA Yellowtail Flounder
White Hake ..........................
Pollock ..................................
New DAS limit
650 lb (294.8 kg) per DAS up to 2,000 lb (907.2 kg) per
trip.
2,000 lb (907.2 kg) per DAS up to 20,000 lb (9,072 kg)
per trip.
1,500 lb (680.4 kg) per DAS up to 4,500 lb (2,041 kg)
per trip.
1,500 lb (680.4 kg) per trip .............................................
Unlimited .........................................................................
2,000 lb (907.2 kg) per DAS up to 6,000 lb (2,721 kg)
per trip.
3,000 lb (1,361 kg) per DAS up to 30,000 lb (13,608
kg) per trip.
5,000 lb (2,268 kg) per DAS up to 15,000 lb (6,804 kg)
per trip.
500 lb (226.8 kg) per trip.
10,000 lb (4,536 kg) per trip.
The regulations require that the
Handgear B (HB) trip limit for GOM and
VerDate Mar<15>2010
16:39 Feb 13, 2013
Jkt 229001
GB cod be adjusted proportionally
(rounded up to the nearest 25 lb (11.3
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
kg)) if either the GOM or GB cod trip
limit applicable to a vessel fishing
E:\FR\FM\14FER1.SGM
14FER1
Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
under a NE multispecies DAS permit is
adjusted. Under the NE Multispecies
FMP, the initial GOM cod trip limits for
NE multispecies common pool vessels
fishing under a Category A DAS is set
at 800 lb (362.9 kg) per DAS. However,
FY 2012 began with a GOM cod trip
limit of 650 lb (294.8 kg) per DAS, as
implemented through FW 47, due to a
reduced GOM cod sub-ACL for the
common pool. Ultimately, the HB trip
limit for GOM cod is adjusted according
to trip limit in the FMP (i.e., 800 lb
(362.9 kg) per DAS), not what was set
under FW 47. For GB cod, the FMP
establishes a limit of 2,000 lb (907.2 kg)
per DAS and FW 47 did not implement
anything different from that.
The new landing limit for GOM cod
is 2,000 lb (907.2 kg) per DAS, an
increase of 150 percent from 800 lb
(362.9 kg) per DAS. Based on this new
trip limit for GOM cod for Category A
DAS vessels, the new GOM cod trip
limit for HB vessels is 200 lb (90.7 kg)
per trip (75 lb (34.0 kg) per trip
increased by 150 percent = 187.5 lb
(85.0 kg) per trip, rounded up to 200 lb
(90.7 kg) per trip). The new landing
limit for GB cod is 3,000 lb (1,361 kg)
per DAS, an increase of 50 percent from
the original landing limit of 2,000 lb
(907.2 kg) per DAS. Based on the new
trip limit for GB cod for Category A DAS
vessels, the new GB cod trip limit for
HB vessels is 125 lb (56.7 kg) per trip
(75 lb (34.0 kg) per trip increased by 50
percent = 112.5 lb (51.0 kg) per trip,
rounded up to 125 lb (56.7 kg) per trip).
Increasing these trip limits does not
jeopardize current conservation
objectives.
The trip limit adjustments for
Category A DAS and HB vessels are
effective February 11, 2013, through
April 30, 2013. This action does not
change the current cod trip limit for
vessels with a limited access Handgear
A permit (300 lb (136.1. 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, vessel
monitoring system catch reports, and
other available information, and if
necessary, additional adjustments to
common pool management measures
may be made.
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
VerDate Mar<15>2010
16:39 Feb 13, 2013
Jkt 229001
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 sub-ACLs. The
information informing this action only
very recently became available. Given
this fact, this action increases the trip
limits for GOM cod, GB cod, and SNE/
MA yellowtail flounder to reduce the
probability of underharvesting the
common pool sub-ACLs. A resulting
delay in the trip limit increases of these
three stocks could result in less revenue
for the fishing industry and be counter
to the objective of achieving optimum
yield. A resulting delay in the trip limit
decreases for white hake and pollock
reduces the probability of exceeding the
applicable common pool sub-ACLs. If
the sub-ACLs are exceeded, this would
undermine conservation objectives and
trigger the implementation of
accountability measures that will have
negative economic impacts on the
participants in the common pool. Given
this fact, the time necessary to provide
for prior notice and comment would
prevent NMFS from implementing the
necessary trip limit adjustments in a
timely manner.
The AA further finds, pursuant to 5
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: February 11, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–03476 Filed 2–11–13; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120813333–3107–02]
RIN 0648–BC28
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Amendment
17 to the Salmon Fishery Management
Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule
under authority of the Magnuson-
SUMMARY:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
10557
Stevens Fishery Conservation and
Management Act (MSA) to implement
Amendment 17 to the Pacific Coast
Salmon Fishery Management Plan for
Commercial and Recreational Salmon
Fisheries off the Coasts of Washington,
Oregon, and California (Salmon FMP).
NMFS approved Amendment 17 on
February 5, 2013. Among other things,
Amendment 17 revises the maximum
fishing mortality threshold (MFMT) for
Quillayute fall coho, revises the FMP to
correct typographical errors, updates
reporting measures to reflect new
technology, and updates or removes
other obsolete or unnecessary language.
This rule implements certain portions of
Amendment 17; specifically, it
discontinues the public comment period
for final management measures that are
published in the Federal Register and
updates mechanisms for obtaining
information on management of the
fishery. NMFS also makes minor
updates to regulations unrelated to
Amendment 17.
DATES: This final rule is effective March
18, 2013.
ADDRESSES: This final rule is also
accessible on the Web site of NMFS’
Northwest Region (https://
www.nwr.noaa.gov). The current
Salmon FMP, through Amendment 17
will be made available on the Pacific
Fishery Management Council’s Web site
(https://www.pcouncil.org/).
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323, or Heidi
Taylor at 562–980–4039.
SUPPLEMENTARY INFORMATION: The
Pacific Fishery Management Council
(Council) developed Amendment 17 to
revise the MFMT for Quillayute fall
coho and make several minor revisions
to update language and technology used
in FMP, including discontinuing a
public comment period after the annual
salmon management measures have
been published in the Federal Register
as a final rule. NMFS determined that
the actions of Amendment 17 have all
either been previously analyzed in a
NEPA document or qualify for
categorical exclusion (CE) from further
NEPA analysis under NAO 216–6. The
Council took final action on
Amendment 17 in September 2012 and
transmitted the amendment to NMFS on
November 5, 2012. NMFS published a
Notice of Availability of Amendment 17
in the Federal Register (77 FR 67327,
November 9, 2012) to notify the public
of the amendment and invite comments.
NMFS published a proposed rule in the
Federal Register (77 FR 75101,
December 19, 2012) to notify the public
and invite comments on the proposals.
NMFS received two comment
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Rules and Regulations]
[Pages 10556-10557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03476]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2171-01]
RIN 0648-XC456
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: This temporary rule increases the possession limits for
Georges Bank cod, Gulf of Maine cod, and Southern New England/Mid-
Atlantic yellowtail flounder for Northeast multispecies common pool
vessels for the remainder of the 2012 fishing year. This rule also
decreases the trip limits for white hake and pollock. This is intended
to facilitate the harvest of Georges Bank cod, Gulf of Maine cod, and
Southern New England/Mid-Atlantic yellowtail flounder to allow the
total catch of these stocks to approach their pertinent common pool
sub-annual catch limits sub-annual catch limits and prevent the
overharvest of the white hake and pollock sub-annual catch limits.
DATES: Effective February 11, 2013, through April 30, 2013.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, 978-675-2153, Fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE)
multispecies fishery are found at 50 CFR part 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-annual
catch limits (ACLs). As of January 30, 2013, Gulf of Maine (GOM) cod,
Georges Bank (GB) cod, and Southern New England (SNE)/Mid-Atlatnic (MA)
yellowtail flounder catch is well below their respective quotas, and
conversely, catch of white hake and pollock is relatively high with
approximately 3 months remaining in fishing year (FY) 2012. Table 1
includes the common pool sub-ACL for each stock affected by this action
and the amount that has been caught as of February 7, 2013.
Table 1--Sub-ACLs and Current Catch of Five NE Multispecies Stocks in the Common Pool
----------------------------------------------------------------------------------------------------------------
Percent
Sub-ACL (lb) Sub-ACL (mt) harvested
----------------------------------------------------------------------------------------------------------------
GOM Cod......................................................... 176,414 80 35.5
GB Cod.......................................................... 179,489 81 20.3
SNE/MA Yellowtail Flounder...................................... 338,099 153 6.1
White Hake...................................................... 57,896 26 88.7
Pollock......................................................... 180,323 82 77.8
----------------------------------------------------------------------------------------------------------------
Framework Adjustment 47 (FW 47) to the NE Multispecies Fishery
Management Plan (FMP) established the current trip limits for the
common pool vessels fishing under a Category A day-at-sea (DAS) (77 FR
26104). Since then, there have been no adjustments to any trip limits
for any common pool vessels. Table 2 contains the current landing limit
and the new landing limit being implemented by this action.
Table 2--The Current and New Trip Limits for Five NE Multispecies Stocks
in the Common Pool
------------------------------------------------------------------------
Current DAS limit New DAS limit
------------------------------------------------------------------------
GOM Cod..................... 650 lb (294.8 kg) 2,000 lb (907.2 kg)
per DAS up to 2,000 per DAS up to 6,000
lb (907.2 kg) per lb (2,721 kg) per
trip. trip.
GB Cod...................... 2,000 lb (907.2 kg) 3,000 lb (1,361 kg)
per DAS up to per DAS up to
20,000 lb (9,072 30,000 lb (13,608
kg) per trip. kg) per trip.
SNE/MA Yellowtail Flounder.. 1,500 lb (680.4 kg) 5,000 lb (2,268 kg)
per DAS up to 4,500 per DAS up to
lb (2,041 kg) per 15,000 lb (6,804
trip. kg) per trip.
White Hake.................. 1,500 lb (680.4 kg) 500 lb (226.8 kg)
per trip. per trip.
Pollock..................... Unlimited........... 10,000 lb (4,536 kg)
per trip.
------------------------------------------------------------------------
The regulations require that the Handgear B (HB) trip limit for GOM
and GB cod be adjusted proportionally (rounded up to the nearest 25 lb
(11.3 kg)) if either the GOM or GB cod trip limit applicable to a
vessel fishing
[[Page 10557]]
under a NE multispecies DAS permit is adjusted. Under the NE
Multispecies FMP, the initial GOM cod trip limits for NE multispecies
common pool vessels fishing under a Category A DAS is set at 800 lb
(362.9 kg) per DAS. However, FY 2012 began with a GOM cod trip limit of
650 lb (294.8 kg) per DAS, as implemented through FW 47, due to a
reduced GOM cod sub-ACL for the common pool. Ultimately, the HB trip
limit for GOM cod is adjusted according to trip limit in the FMP (i.e.,
800 lb (362.9 kg) per DAS), not what was set under FW 47. For GB cod,
the FMP establishes a limit of 2,000 lb (907.2 kg) per DAS and FW 47
did not implement anything different from that.
The new landing limit for GOM cod is 2,000 lb (907.2 kg) per DAS,
an increase of 150 percent from 800 lb (362.9 kg) per DAS. Based on
this new trip limit for GOM cod for Category A DAS vessels, the new GOM
cod trip limit for HB vessels is 200 lb (90.7 kg) per trip (75 lb (34.0
kg) per trip increased by 150 percent = 187.5 lb (85.0 kg) per trip,
rounded up to 200 lb (90.7 kg) per trip). The new landing limit for GB
cod is 3,000 lb (1,361 kg) per DAS, an increase of 50 percent from the
original landing limit of 2,000 lb (907.2 kg) per DAS. Based on the new
trip limit for GB cod for Category A DAS vessels, the new GB cod trip
limit for HB vessels is 125 lb (56.7 kg) per trip (75 lb (34.0 kg) per
trip increased by 50 percent = 112.5 lb (51.0 kg) per trip, rounded up
to 125 lb (56.7 kg) per trip). Increasing these trip limits does not
jeopardize current conservation objectives.
The trip limit adjustments for Category A DAS and HB vessels are
effective February 11, 2013, through April 30, 2013. This action does
not change the current cod trip limit for vessels with a limited access
Handgear A permit (300 lb (136.1. 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, vessel monitoring system catch reports, and other
available information, and if necessary, additional adjustments to
common pool management measures may be made.
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. 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. The information informing this
action only very recently became available. Given this fact, this
action increases the trip limits for GOM cod, GB cod, and SNE/MA
yellowtail flounder to reduce the probability of underharvesting the
common pool sub-ACLs. A resulting delay in the trip limit increases of
these three stocks could result in less revenue for the fishing
industry and be counter to the objective of achieving optimum yield. A
resulting delay in the trip limit decreases for white hake and pollock
reduces the probability of exceeding the applicable common pool sub-
ACLs. If the sub-ACLs are exceeded, this would undermine conservation
objectives and trigger the implementation of accountability measures
that will have negative economic impacts on the participants in the
common pool. Given this fact, the time necessary to provide for prior
notice and comment would prevent NMFS from implementing the necessary
trip limit adjustments in a timely manner.
The AA further finds, pursuant to 5 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: February 11, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-03476 Filed 2-11-13; 4:15 pm]
BILLING CODE 3510-22-P
