Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closure for the Common Pool Fishery and Possession Limit Adjustment, 45729-45730 [2014-18513]

Download as PDF Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations required for this action, and none has been prepared. Paperwork Reduction Act This final action does not require the collection of information. Dated: July 31, 2014. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–18610 Filed 8–5–14; 8:45 am] BILLING CODE 3510–22–P Executive Order 13132—Federalism This action does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under E.O. 13132 because this action does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Nonetheless, NMFS worked closely with local governments in the Pribilof Islands, and these estimates of subsistence harvests were prepared by the local governments in St. Paul and St. George, with assistance from NMFS officials. Executive Order 13175—Native Consultation Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 Note), the executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), the American Indian Native Policy of the U.S. Department of Commerce (March 30, 1995), the Department of Commerce’s Tribal Consultation Policy (including the Department of Commerce Administrative Order 218–8, April 26, 2012), and the NOAA Procedures for Government-to-Government Consultation With Federally Recognized Indian Tribes and Alaska Native Corporations (November 12, 2013) outline the responsibilities of the National Marine Fisheries Service in matters affecting tribal interests. Section 161 of Public Law 108–100 (188 Stat. 452) as amended by section 518 of Public Law 108–447 (118 Stat. 3267), extends the consultation requirements of E.O. 13175 to Alaska Native corporations. NMFS contacted the tribal governments of St. Paul and St. George Islands and their respective local Native corporations (Tanadgusix and Tanaq) about setting the next three years harvest estimates and incorporated their input. tkelley on DSK3SPTVN1PROD with RULES Electronic Access An Environmental Impact Statement, harvest reports, and other relevant information are available on the Internet at the following address: http:// alaskafisheries.noaa.gov/ protectedresources/seals/fur.htm. VerDate Mar<15>2010 15:45 Aug 05, 2014 Jkt 232001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140106011–4338–02] RIN 0648–XD418 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Total Allowable Catch Area Closure for the Common Pool Fishery and Possession Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure and possession limit adjustment. AGENCY: This action closes the American plaice Trimester Total Allowable Catch Area to Northeast multispecies common pool trawl vessels for the remainder of Trimester 1, through August 31, 2014. The closure is required by regulation because the common pool fishery has caught 120 percent of its Trimester 1 quota for American plaice. This closure is intended to prevent the overharvest of the common pool’s allocation for this stock. Because the common pool catch of American plaice is not limited to the American plaice Trimester Total Allowable Catch Area, this action also reduces possession and trip limit for the American plaice stock to zero for all common pool vessels through August 31, 2014, in order to prevent the overharvest of the common pool’s allocation of American plaice. DATES: This action is effective August 6, 2014, through August 31, 2014. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, 978–282–8493. SUPPLEMENTARY INFORMATION: Federal regulations at § 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. In such cases, the Trimester TAC Area for a stock closes to all common pool vessels SUMMARY: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 45729 fishing with gear capable of catching that stock for the remainder of the trimester. The fishing year 2014 (May 1, 2014, through April 30, 2015) common pool sub-ACL for American plaice is 24.0 mt and the Trimester 1 (May 1, 2014, through August 30, 2014) TAC is 5.8 mt. Based on the most recent data and information, which include vessel trip reports, dealer-reported landings, and vessel monitoring system information, we have determined that 120 percent of the Trimester 1 TAC was caught as of July 26, 2014. Therefore, effective August 6, 2014, the American plaice Trimester TAC Area is closed for the remainder of Trimester 1, through August 31, 2014, to all common pool vessels fishing with trawl gear. The American plaice Trimester TAC Area consists of statistical areas 512, 513, 514, 515, 521, 522, and 525. The area will reopen to common pool vessels fishing with trawl gear at the beginning of Trimester 2 on September 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. Because the closure described above only applies to select areas and gear types, and because the American plaice Trimester TAC has been exceeded, additional action is necessary to prevent further overages of the Trimester TAC. Therefore, the possession and trip limit for American plaice is reduced to zero for all common pool vessels in all areas, effective August 6, 2014, through August 31, 2014. Any overages of a trimester TAC will be deducted from Trimester 3, and any overages of the common pool’s sub-ACL at the end of the fishing year will be deducted from the common pool’s subACL the following fishing year. Any uncaught portion of the Trimester 1 and Trimester 2 TAC will be carried over into the next trimester. 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 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 vessel trip reports, dealer-reported landings, vessel monitoring system catch reports, and other available information and, if necessary, we will make additional adjustments to common pool management measures. E:\FR\FM\06AUR1.SGM 06AUR1 45730 Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD 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 Trimester TAC Area closure is required by regulation in order to reduce the probability of the common pool fishery exceeding its sub-ACL of American plaice. Any overages of the common pool’s sub-ACLs would undermine conservation objectives and trigger the implementation of VerDate Mar<15>2010 15:45 Aug 05, 2014 Jkt 232001 accountability measures that would have negative economic impacts on common pool vessels. The data and information showing that American plaice had exceeded 90 percent of the Trimester 1 TAC for the stock only became available on July 26, 2014. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from implementing the necessary Trimester TAC Area closure for American plaice in a timely manner, which could undermine management objectives of the Northeast Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Additionally, the overage in the American plaice Trimester 1 TAC increases the probability of the common PO 00000 Frm 00058 Fmt 4700 Sfmt 9990 pool exceeding its sub-ACL of American plaice by more than it already has. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from setting the possession and trip limit to zero for American plaice in a timely manner, which could also undermine management objectives of the Northeast Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: July 31, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–18513 Filed 7–31–14; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Rules and Regulations]
[Pages 45729-45730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18513]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140106011-4338-02]
RIN 0648-XD418


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester Total Allowable Catch Area Closure for 
the Common Pool Fishery and Possession Limit Adjustment

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

ACTION: Temporary rule; area closure and possession limit adjustment.

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SUMMARY: This action closes the American plaice Trimester Total 
Allowable Catch Area to Northeast multispecies common pool trawl 
vessels for the remainder of Trimester 1, through August 31, 2014. The 
closure is required by regulation because the common pool fishery has 
caught 120 percent of its Trimester 1 quota for American plaice. This 
closure is intended to prevent the overharvest of the common pool's 
allocation for this stock. Because the common pool catch of American 
plaice is not limited to the American plaice Trimester Total Allowable 
Catch Area, this action also reduces possession and trip limit for the 
American plaice stock to zero for all common pool vessels through 
August 31, 2014, in order to prevent the overharvest of the common 
pool's allocation of American plaice.

DATES: This action is effective August 6, 2014, through August 31, 
2014.

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

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. In such cases, 
the Trimester TAC Area for a stock closes to all common pool vessels 
fishing with gear capable of catching that stock for the remainder of 
the trimester. The fishing year 2014 (May 1, 2014, through April 30, 
2015) common pool sub-ACL for American plaice is 24.0 mt and the 
Trimester 1 (May 1, 2014, through August 30, 2014) TAC is 5.8 mt. Based 
on the most recent data and information, which include vessel trip 
reports, dealer-reported landings, and vessel monitoring system 
information, we have determined that 120 percent of the Trimester 1 TAC 
was caught as of July 26, 2014. Therefore, effective August 6, 2014, 
the American plaice Trimester TAC Area is closed for the remainder of 
Trimester 1, through August 31, 2014, to all common pool vessels 
fishing with trawl gear. The American plaice Trimester TAC Area 
consists of statistical areas 512, 513, 514, 515, 521, 522, and 525. 
The area will reopen to common pool vessels fishing with trawl gear at 
the beginning of Trimester 2 on September 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. Because the closure described above only applies to select 
areas and gear types, and because the American plaice Trimester TAC has 
been exceeded, additional action is necessary to prevent further 
overages of the Trimester TAC. Therefore, the possession and trip limit 
for American plaice is reduced to zero for all common pool vessels in 
all areas, effective August 6, 2014, through August 31, 2014.
    Any overages of a trimester TAC will be deducted from Trimester 3, 
and any overages of the common pool's sub-ACL at the end of the fishing 
year will be deducted from the common pool's sub-ACL the following 
fishing year. Any uncaught portion of the Trimester 1 and Trimester 2 
TAC will be carried over into the next trimester. 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 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 vessel trip reports, dealer-reported landings, vessel 
monitoring system catch reports, and other available information and, 
if necessary, we will make additional adjustments to common pool 
management measures.

[[Page 45730]]

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 Trimester TAC Area closure is required by regulation in order 
to reduce the probability of the common pool fishery exceeding its sub-
ACL of American plaice. Any overages of the common pool's sub-ACLs 
would undermine conservation objectives and trigger the implementation 
of accountability measures that would have negative economic impacts on 
common pool vessels. The data and information showing that American 
plaice had exceeded 90 percent of the Trimester 1 TAC for the stock 
only became available on July 26, 2014. The time necessary to provide 
for prior notice and comment, and a 30-day delay in effectiveness, 
would prevent NMFS from implementing the necessary Trimester TAC Area 
closure for American plaice in a timely manner, which could undermine 
management objectives of the Northeast Multispecies Fishery Management 
Plan, and cause negative economic impacts to the common pool fishery.
    Additionally, the overage in the American plaice Trimester 1 TAC 
increases the probability of the common pool exceeding its sub-ACL of 
American plaice by more than it already has. The time necessary to 
provide for prior notice and comment, and a 30-day delay in 
effectiveness, would prevent NMFS from setting the possession and trip 
limit to zero for American plaice in a timely manner, which could also 
undermine management objectives of the Northeast Multispecies Fishery 
Management Plan, and cause negative economic impacts to the common pool 
fishery.

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

    Dated: July 31, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-18513 Filed 7-31-14; 4:15 pm]
BILLING CODE 3510-22-P