Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Closure and Trip Limit Adjustments for the Common Pool Fishery, 19497-19498 [2014-07944]

Download as PDF Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations South Atlantic dealer permit, as required under § 622.370(c)(1). (c) Coastal migratory pelagic fish harvested in or from the Gulf or South Atlantic EEZ may be first received by a dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.370(c)(1), only from a vessel that has a valid Federal commercial vessel permit, as required under § 622.370(a), or a charter vessel/ headboat permit for coastal migratory pelagic fish, as required under § 622.370(b). ■ 30. In § 622.400, paragraph (a)(5) is added to read as follows: § 622.400 Permits and fees. mstockstill on DSK4VPTVN1PROD with RULES (a) * * * (5) Dealer permits and conditions—(i) Permits. For a dealer to first receive Gulf or South Atlantic spiny lobster harvested in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer. (ii) State license and facility requirements. To obtain a dealer permit, the applicant must have a valid state wholesaler’s license in the state(s) where the dealer operates, if required by such state(s), and must have a physical facility at a fixed location in such state(s). * * * * * ■ 31. Add § 622.401 to read as follows: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120109034–2171–01] RIN 0648–XD212 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Closure and Trip Limit Adjustments for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: We are closing the Georges Bank cod Trimester Total Allowable Catch Area for the remainder of Trimester 3, through April 30, 2014. Based on our projection, the common pool fishery has caught 97 percent of its Georges Bank cod Trimester 3 total allowable catch, triggering the regulatory requirement to close that area for the remainder of the trimester. This action is intended to prevent an overage of the common pool’s Georges Bank cod quota. Because the common pool catch of Georges Bank cod is not limited to the Georges Bank cod Trimester Total § 622.401 Recordkeeping and reporting. Allowable Catch Area, we are reducing (a) Dealers. A dealer who first receives the common pool possession and trip Gulf or South Atlantic spiny lobster limit for the Georges Bank cod stock to must maintain records and submit zero, in order to prevent the overharvest information as specified in § 622.5(c). of the common pool’s fishing year 2013 (b) [Reserved] allocation of Georges Bank cod. We are ■ 32. Add § 622.416 to subpart R to read also increasing the common pool as follows: possession and trip limit for Southern New England/Mid-Atlantic winter § 622.416 Restrictions on sale/purchase. flounder to allow the common pool (a) Spiny lobster harvested in or from fishery to catch more of its quota for that the EEZ or adjoining state waters by a stock. vessel that has a valid Federal DATES: This action is effective April 9, commercial vessel permit for spiny 2014, through April 30, 2014. lobster, as required under § 622.400(a)(1), or a valid Federal tailFOR FURTHER INFORMATION CONTACT: Liz separation permit for spiny lobster, as Sullivan, Fishery Management required under § 622.400(a)(2), may be Specialist, 978–282–8493. sold or transferred only to a dealer who SUPPLEMENTARY INFORMATION: The has a valid Gulf and South Atlantic regulations at § 648.82(n)(2)(ii) require dealer permit, as required under the Regional Administrator to close the § 622.400(a)(5). Trimester Total Allowable Catch (TAC) (b) Spiny lobster harvested in or from Area for a stock when 90 percent of the the EEZ may be first received by a Trimester TAC is projected to be caught. dealer who has a valid Gulf and South The fishing year (FY) 2013 common Atlantic dealer permit, as required pool quota for Georges Bank (GB) cod is under § 622.400(a)(5), only from a vessel 32 mt, which is divided into Trimester that has a valid Federal commercial TACs. The Trimester 3 TAC is 18.2 mt vessel permit for spiny lobster or a valid (revised due to underages from Federal tail-separation permit for spiny Trimesters 1 and 2). Based on the most lobster. recent data, which include vessel trip [FR Doc. 2014–07983 Filed 4–8–14; 8:45 am] reports (VTRs), dealer-reported landings, and vessel monitoring system BILLING CODE 3510–22–P VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 SUMMARY: PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 19497 (VMS) information, we estimate that 97 percent of the Trimester 3 TAC for GB cod has been caught. Therefore, effective April 9, 2014, the GB cod Trimester TAC Area is closed for the remainder of Trimester 3, through April 30, 2014, to all owners or operators of common pool vessels fishing with trawl gear, sink gillnet gear, and longline/ hook gear. The GB cod Trimester TAC Area includes statistical areas 521, 522, 525, and 561. The GB cod Trimester TAC Area will reopen to common pool vessels fishing with trawl, sink gillnet, or longline/hook gear at the beginning of FY 2014, on May 1, 2014. The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels to prevent the overharvest or underharvest of the common pool quotas. Based on data reported through March 25, 2014, the common pool fishery has caught approximately 98 percent of its GB cod sub-annual catch limit (sub-ACL) for FY 2013. Despite the GB cod Trimester TAC Area closure described above, recent analysis shows that catch from outside the Trimester TAC Area would likely cause the common pool to exceed its allocation for GB cod if further action is not taken. Therefore, the possession and trip limit for GB cod, defined as cod caught outside the Gulf of Maine Regulated Mesh Area (as defined in § 648.80(a)(1)), is set to zero for all common pool vessels, effective April 9, 2014, through April 30, 2014. Common pool groundfish vessels that have declared their trip through the VMS or IVR system, and crossed the VMS demarcation line prior to April 9, 2014, may complete their trip in part, or all, in the GB cod Trimester TAC Area. Additionally, such vessels will not be subject to the new possession and trip limit for that trip. The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession limits for common pool vessels in order to prevent the overharvest or underharvest of the common pool quotas. As of March 25, 2014, the common pool has caught 81 percent of its sub-ACL of Southern New England/Mid-Atlantic (SNE/MA) winter flounder. To allow the common pool fishery to catch more of its quota for that stock, effective April 9, 2014, the possession and trip limit of SNE/MA winter flounder, defined as winter flounder caught within the Inshore GB and SNE/MA Broad Stock Areas (as defined in § 648.10(k)(3)(ii) and (iv)) for all common pool vessels, per day-at-sea, is increased from 300 lb (0.14 mt) to 1,000 lb (0.45 mt), with a maximum trip limit of 2,000 lb (0.9 mt). We estimate E:\FR\FM\09APR1.SGM 09APR1 19498 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations that if the possession and trip limit is raised, the common pool fleet will reach approximately 88 percent of its quota by the end of the fishing year. At the end of FY 2013, we will evaluate total common pool catch, and if the common pool fishery has exceeded its annual quota for any stock for FY 2013, we are required to deduct the overage from the respective common pool quota for FY 2014. Uncaught portions of the common pool’s annual quota may not be carried over to the next FY. Weekly quota monitoring reports for the common pool fishery can be found on our Web site at: http:// www.nero.noaa.gov/ro/fso/ MultiMonReports.htm. We will continue to monitor common pool catch through VTRs, dealer-reported landings, VMS catch reports, and other available information and, if necessary, we will make additional adjustments to common pool management measures. mstockstill on DSK4VPTVN1PROD with RULES 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 over 90 percent of its Trimester 3 TAC for GB cod. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent the immediate closure of the GB cod Trimester 3 TAC area and reduction of trip limits, and would increase the likelihood that the common pool fishery would exceed its quota of GB cod, to the detriment of this stock. Further, an overage of the Trimester 3 TAC would cause the common pool fishery to exceed its total annual quota for GB cod, which would trigger accountability measures in FY 2014. Overages would not only have negative economic impacts on the common pool fishery, but would also undermine the conservation objectives of the Northeast Multispecies Fishery Management Plan. As a result, immediate implementation of this action is necessary to help ensure VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 that the common pool fishery does not exceed its GB cod quota. There is additional good cause to waive the delayed effective period because part of this action relieves restrictions on fishing vessels by increasing this possession and trip limit. The possession and trip limit increase for SNE/MA winter flounder reduces the probability of underharvesting for this stock. 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 for SNE/MA winter flounder in a timely manner, which could undermine management objectives of the NE Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: April 4, 2014. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–07944 Filed 4–4–14; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 120814338–2711–02] RIN 0648–BE10 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. AGENCY: This final rule announces an inseason change to management measures in the Pacific Coast groundfish fishery. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCFMP) and the Northern Pacific Halibut Act, implements changes to the incidental retention allowance for halibut in the limited entry fixed gear sablefish primary fishery. DATES: Effective 1200 hours (local time) April 8, 2014. SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (West Coast Region, NMFS), phone: 206–526–6147, gretchen.hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register’s Web site at http:// www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the Pacific Fishery Management Council’s Web site at http://www.pcouncil.org/. Background The PCGFMP and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. Groundfish specifications and management measures are developed by the Pacific Fishery Management Council (Council), and are implemented by NMFS. The International Pacific Halibut Commission (IPHC) establishes total allowable catch (TAC) amounts for Pacific halibut each year in January. Under the authority of the Northern Pacific Halibut Act, and implementing regulations at 50 CFR 300.63, a catch sharing plan, developed by the Council and implemented by the Secretary, allocates portions of the annual TAC among fisheries off Washington, Oregon, and California. Pacific halibut is generally a prohibited species for vessels fishing in Pacific coast groundfish fisheries, unless explicitly allowed in groundfish regulations and authorized by the Pacific halibut catch sharing plan. In years where the Pacific halibut TAC is above 900,000 lb (408.2 mt), the catch sharing plan for Pacific halibut fisheries in Area 2A (waters off the U.S. West coast) allows the limited entry fixed gear sablefish primary fishery an incidental total catch allowance for Pacific halibut north of Pt. Chehalis, WA (46°53.30′ N. lat.). The 2014 Pacific halibut Area 2A TAC is 960,000 lb (435.45 mt). Therefore, consistent with the provisions of the catch sharing plan, the limited entry fixed gear sablefish primary fishery is allowed an incidental total catch limit of 14,274 lb (6,474 kg) for 2014. Historically, incidental halibut retention in the primary sablefish fishery has started in May. In the fall of 2012, the Council expressed interest in changing the starting date for halibut retention to the beginning of April, to reduce the amount of incidentally E:\FR\FM\09APR1.SGM 09APR1

Agencies

[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19497-19498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07944]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120109034-2171-01]
RIN 0648-XD212


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester Closure and Trip Limit Adjustments for 
the Common Pool Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: We are closing the Georges Bank cod Trimester Total Allowable 
Catch Area for the remainder of Trimester 3, through April 30, 2014. 
Based on our projection, the common pool fishery has caught 97 percent 
of its Georges Bank cod Trimester 3 total allowable catch, triggering 
the regulatory requirement to close that area for the remainder of the 
trimester. This action is intended to prevent an overage of the common 
pool's Georges Bank cod quota. Because the common pool catch of Georges 
Bank cod is not limited to the Georges Bank cod Trimester Total 
Allowable Catch Area, we are reducing the common pool possession and 
trip limit for the Georges Bank cod stock to zero, in order to prevent 
the overharvest of the common pool's fishing year 2013 allocation of 
Georges Bank cod. We are also increasing the common pool possession and 
trip limit for Southern New England/Mid-Atlantic winter flounder to 
allow the common pool fishery to catch more of its quota for that 
stock.

DATES: This action is effective April 9, 2014, through April 30, 2014.

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

SUPPLEMENTARY INFORMATION: The regulations at Sec.  648.82(n)(2)(ii) 
require the Regional Administrator to close the Trimester Total 
Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester 
TAC is projected to be caught. The fishing year (FY) 2013 common pool 
quota for Georges Bank (GB) cod is 32 mt, which is divided into 
Trimester TACs. The Trimester 3 TAC is 18.2 mt (revised due to 
underages from Trimesters 1 and 2). Based on the most recent data, 
which include vessel trip reports (VTRs), dealer-reported landings, and 
vessel monitoring system (VMS) information, we estimate that 97 percent 
of the Trimester 3 TAC for GB cod has been caught. Therefore, effective 
April 9, 2014, the GB cod Trimester TAC Area is closed for the 
remainder of Trimester 3, through April 30, 2014, to all owners or 
operators of common pool vessels fishing with trawl gear, sink gillnet 
gear, and longline/hook gear. The GB cod Trimester TAC Area includes 
statistical areas 521, 522, 525, and 561. The GB cod Trimester TAC Area 
will reopen to common pool vessels fishing with trawl, sink gillnet, or 
longline/hook gear at the beginning of FY 2014, on May 1, 2014.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the possession and trip limits for common pool 
vessels to prevent the overharvest or underharvest of the common pool 
quotas. Based on data reported through March 25, 2014, the common pool 
fishery has caught approximately 98 percent of its GB cod sub-annual 
catch limit (sub-ACL) for FY 2013. Despite the GB cod Trimester TAC 
Area closure described above, recent analysis shows that catch from 
outside the Trimester TAC Area would likely cause the common pool to 
exceed its allocation for GB cod if further action is not taken. 
Therefore, the possession and trip limit for GB cod, defined as cod 
caught outside the Gulf of Maine Regulated Mesh Area (as defined in 
Sec.  648.80(a)(1)), is set to zero for all common pool vessels, 
effective April 9, 2014, through April 30, 2014.
    Common pool groundfish vessels that have declared their trip 
through the VMS or IVR system, and crossed the VMS demarcation line 
prior to April 9, 2014, may complete their trip in part, or all, in the 
GB cod Trimester TAC Area. Additionally, such vessels will not be 
subject to the new possession and trip limit for that trip.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the possession limits for common pool vessels 
in order to prevent the overharvest or underharvest of the common pool 
quotas. As of March 25, 2014, the common pool has caught 81 percent of 
its sub-ACL of Southern New England/Mid-Atlantic (SNE/MA) winter 
flounder. To allow the common pool fishery to catch more of its quota 
for that stock, effective April 9, 2014, the possession and trip limit 
of SNE/MA winter flounder, defined as winter flounder caught within the 
Inshore GB and SNE/MA Broad Stock Areas (as defined in Sec.  
648.10(k)(3)(ii) and (iv)) for all common pool vessels, per day-at-sea, 
is increased from 300 lb (0.14 mt) to 1,000 lb (0.45 mt), with a 
maximum trip limit of 2,000 lb (0.9 mt). We estimate

[[Page 19498]]

that if the possession and trip limit is raised, the common pool fleet 
will reach approximately 88 percent of its quota by the end of the 
fishing year.
    At the end of FY 2013, we will evaluate total common pool catch, 
and if the common pool fishery has exceeded its annual quota for any 
stock for FY 2013, we are required to deduct the overage from the 
respective common pool quota for FY 2014. Uncaught portions of the 
common pool's annual quota may not be carried over to the next FY. 
Weekly quota monitoring reports for the common pool fishery can be 
found on our Web site at: http://www.nero.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through VTRs, 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 over 90 percent of its Trimester 3 TAC for GB cod. The time 
necessary to provide for prior notice and comment, and a 30-day delay 
in effectiveness, would prevent the immediate closure of the GB cod 
Trimester 3 TAC area and reduction of trip limits, and would increase 
the likelihood that the common pool fishery would exceed its quota of 
GB cod, to the detriment of this stock.
    Further, an overage of the Trimester 3 TAC would cause the common 
pool fishery to exceed its total annual quota for GB cod, which would 
trigger accountability measures in FY 2014. Overages would not only 
have negative economic impacts on the common pool fishery, but would 
also undermine the conservation objectives of the Northeast 
Multispecies Fishery Management Plan. As a result, immediate 
implementation of this action is necessary to help ensure that the 
common pool fishery does not exceed its GB cod quota.
    There is additional good cause to waive the delayed effective 
period because part of this action relieves restrictions on fishing 
vessels by increasing this possession and trip limit. The possession 
and trip limit increase for SNE/MA winter flounder reduces the 
probability of underharvesting for this stock. 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 for SNE/MA winter flounder in a 
timely manner, which could undermine management objectives of the NE 
Multispecies Fishery Management Plan, and cause negative economic 
impacts to the common pool fishery.

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

    Dated: April 4, 2014.
 James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-07944 Filed 4-4-14; 4:15 pm]
BILLING CODE 3510-22-P