Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2014; Interim Gulf of Maine Cod Management Measures; Correction, 11331-11332 [2015-04319]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
Rmajette on DSK2VPTVN1PROD with RULES
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On January 30, 2012 (76 FR 82058,
December 29, 2011), NMFS
implemented a commercial quota of
1,102,896 lb (500,265 kg) for Gulf
migratory group king mackerel in the
Florida east coast subzone (50 CFR
622.384(b)(1)(i)(A)). From November 1
through March 31, the Florida east coast
subzone encompasses an area of the EEZ
south of a line extending due east of the
boundary between Flagler and Volusia
Counties, FL, and north of a line
extending due east of the boundary
between Miami-Dade and Monroe
Counties, FL. From November 1 through
the end of February, king mackerel in or
from the subzone may be possessed on
board or landed from a permitted vessel
in amounts not exceeding 50 fish per
day (50 CFR 622.385(a)(2)(i)(A)).
However, beginning on March 1, if
less than 70 percent of the Florida east
coast subzone king mackerel
commercial quota has been harvested by
that date, king mackerel in or from that
subzone may be possessed on board or
landed from a permitted vessel in
amounts not exceeding 75 fish per day
(50 CFR 622.385(a)(2)(i)(B)(2)).
NMFS has determined that less than
70 percent of the quota for Gulf
migratory group king mackerel in the
Florida east coast subzone will be
harvested by March 1, 2015.
Accordingly, a 75-fish trip limit applies
to vessels fishing for king mackerel in or
from the EEZ in the Florida east coast
subzone effective 12:01 a.m., local time,
March 1, 2015. The 75-fish trip limit
will remain in effect until the subzone
closes or until the end of the current
fishing year (March 31, 2015) for this
subzone.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf migratory group
king mackerel and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.385(a)(2)(i)(B)(2) and is exempt
from review under Executive Order
12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
VerDate Sep<11>2014
15:05 Mar 02, 2015
Jkt 235001
NOAA (AA), finds that the need to
immediately implement this
commercial trip limit increase
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because prior notice
and opportunity for public comment on
this temporary rule is unnecessary and
contrary to the public interest. Such
procedures are unnecessary, because the
rule establishing the trip limits has
already been subject to notice and
comment, and all that remains is to
notify the public of the trip limit
increase. They are contrary to the public
interest, because prior notice and
opportunity for public comment would
require time, thus delaying fishermen’s
ability to catch more king mackerel than
the present trip limit allows and
preventing fishermen from reaping the
socioeconomic benefits associated with
this increased trip limit.
As this action allows fishermen to
increase their harvest of king mackerel
from 50 fish to 75 fish per day in or
from the EEZ of the Florida east coast
subzone, the AA finds it relieves a
restriction and may go into effect
without a 30-day delay in effectiveness,
pursuant to 5 U.S.C. 553(d)(1).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 26, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–04382 Filed 2–26–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 141002822–5169–03]
RIN 0648–BE56
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2014;
Interim Gulf of Maine Cod Management
Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule, correcting
amendment.
AGENCY:
This document makes
corrections to the Gulf of Maine cod
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
11331
interim regulations published in the
Federal Register on November 13, 2014.
This document corrects regulatory text
by including the exemption from certain
seasonal interim closure areas for
vessels fishing for whiting in the Small
Mesh Area 1 and 2 Exempted Areas
with a raised footrope trawl. These two
exempted areas, which overlap with
certain seasonal closure areas, were
inadvertently overlooked in the interim
rule. This action does not make any
substantive changes to the interim rule
regulations.
DATES: Effective February 26, 2015, until
May 12, 2015.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, phone: 978–281–9182.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, we published
interim management measures (79 FR
67362) to increase protection for Gulf of
Maine (GOM) cod in response to a
recently updated stock assessment that
concluded the stock is severely
depleted. The management measures
included seasonal interim closure areas
where fishing for groundfish is
prohibited. The regulations
implemented through the GOM cod
interim rule allowed vessels fishing
with exempted gear or fishing in
exempted fisheries to continue to fish
within the seasonal interim closure
areas; however, the rule mistakenly did
not include the Small Mesh Area 1 and
2 Exemption Areas.
An exempted fishery is implemented
after it is determined that a specific
fishery utilizes a certain gear type, and/
or fishes in specific areas or times that
result in a groundfish bycatch that is
less than 5 percent and doesn’t
jeopardize fishing mortality objectives.
Vessels fishing in the Small Mesh Areas
must use raised footrope trawl nets that
result in minimal groundfish bycatch.
Vessels fishing in these areas may not
fish for, possess, or land any groundfish.
They are allowed to fish for and possess
only whiting, red hake, and a limited
number of other species.
Additional information on exempted
fisheries can be found online at
www.greateratlantic.fisheries.noaa.gov/
regs/info.html.
Correction
We recently recognized that the GOM
cod interim rule regulations
inadvertently omitted two small mesh
exemption areas utilized by groundfish
vessels. Groundfish vessels are allowed
to fish with small mesh nets using
raised footrope trawls in the Small Mesh
E:\FR\FM\03MRR1.SGM
03MRR1
11332
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
Rmajette on DSK2VPTVN1PROD with RULES
Area 1 and 2 Exempted Areas, as
described at 50 CFR 648.80(a)(9).
Because these areas were omitted from
the regulatory text, groundfish vessels
would be unable to fish in the portions
of the Small Mesh 1 and 2 Exemption
Areas that overlap with the GOM cod
seasonal interim closure areas. This
correction adds the Small Mesh Area 1
and 2 Exempted Areas to the list of
exempted fishery areas that are exempt
from the GOM cod seasonal interim
closure areas. As a result, vessels can
now fish with small mesh nets with
raised footrope trawls in the Small Mesh
Area 2 Exemption Area in March and
April, and, if the interim rule were to be
extended another six months, in the
Small Mesh Area 1 Exemption Area July
15 through November 15. This
correction is consistent with the original
intent of the GOM cod interim rule.
Classification
The Assistant Administrator (AA) for
Fisheries, NOAA, finds that pursuant to
5 U.S.C. 553(b)(B), there is good cause
to waive prior notice and an
opportunity for public comment on this
action, as notice and comment would be
contrary to the public interest. This
temporary rule adds the Small Mesh
Area 1 and 2 Exempted Areas to the list
of exempted fisheries that are exempt
from the GOM cod seasonal interim
closure areas. These two areas were
inadvertently left out of the GOM cod
interim action and adding these areas
does not substantively change the
regulations. Providing notice and
comment on these changes is contrary to
the public interest because any
additional delay would cause economic
harm to fishery participants by denying
them opportunities to fish in the
specified areas, which would have been
permitted but for the previous
inadvertent omission. Moreover, this
action reduces a regulatory restriction
and provides fishermen with greater
fishing opportunities while maintaining
the goals and objectives of the GOM cod
interim rule and the groundfish fishery
management plan.
The Assistant Administrator also
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness and makes this rule
effective immediately upon filing for
public inspection. In addition to the
reasons stated above, an area within
Small Mesh Area 2 will close on March
1, 2015. Vessels fishing with raised
footrope trawls would then be
prohibited from fishing in that area
unnecessarily. Waiving the 30-day delay
avoids this unnecessary closure and
allows fishery participants to fish in
Small Mesh Area 2 without
VerDate Sep<11>2014
15:05 Mar 02, 2015
Jkt 235001
interruption, as was originally intended
when the interim management measures
were published.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: February 24, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Therefore, NOAA amends 50 CFR part
648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.81 is amended by:
A. Suspending from February 26,
2015, unti May 12, 2015, paragraph
(o)(2)(iv), and
■ B. Temporarily adding from February
26, 2015, until May 12, 2015, paragraph
(o)(2)(vi).
The addition reads as follows:
■
■
§ 648.81 NE multispecies closed area and
measures to protect EFH.
*
*
*
*
*
(o) * * *
(2) * * *
(vi) That are fishing in the Raised
Footrope Trawl Exempted Whiting
Fishery, ass specified in § 648.80(a)(15),
or the Small Mesh Area 1 and 2
Exemption Areas as specified in
§ 648.80(a)(9).
[FR Doc. 2015–04319 Filed 2–26–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD803
Fisheries of the Exclusive Economic
Zone off Alaska; Pacific Cod in the
Aleutian Islands Subarea of 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, except for the
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Community Development Quota
program (CDQ), in the Aleutian Islands
subarea of the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to prevent exceeding
the non-CDQ allocation of the 2015
Pacific cod total allowable catch (TAC)
in the Aleutian Islands subarea of the
BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 27, 2015, through
2400 hrs, A.l.t., December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI 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 non-CDQ allocation of the 2015
Pacific cod TAC in the Aleutian Islands
subarea of the BSAI is 8,414 metric tons
(mt) as established by the final 2014 and
2015 harvest specifications for
groundfish in the BSAI (79 FR 12108,
March 4, 2014) and inseason adjustment
(80 FR 188, January 5, 2015). In
accordance with § 679.20(d)(1)(i), the
Administrator, Alaska Region, NMFS,
has determined that the non-CDQ
allocation of the 2015 Pacific cod TAC
in the Aleutian Islands subarea of the
BSAI will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 6,414 mt, and is setting
aside the remaining 2,000 mt as
incidental catch in directed fishing for
other species. 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 in the
Aleutian Islands subarea of the BSAI.
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
E:\FR\FM\03MRR1.SGM
03MRR1
]]>Agencies
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11331-11332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04319]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 141002822-5169-03]
RIN 0648-BE56
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2014; Interim Gulf of Maine Cod
Management Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule, correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document makes corrections to the Gulf of Maine cod
interim regulations published in the Federal Register on November 13,
2014. This document corrects regulatory text by including the exemption
from certain seasonal interim closure areas for vessels fishing for
whiting in the Small Mesh Area 1 and 2 Exempted Areas with a raised
footrope trawl. These two exempted areas, which overlap with certain
seasonal closure areas, were inadvertently overlooked in the interim
rule. This action does not make any substantive changes to the interim
rule regulations.
DATES: Effective February 26, 2015, until May 12, 2015.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone: 978-281-9182.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, we published interim management measures (79
FR 67362) to increase protection for Gulf of Maine (GOM) cod in
response to a recently updated stock assessment that concluded the
stock is severely depleted. The management measures included seasonal
interim closure areas where fishing for groundfish is prohibited. The
regulations implemented through the GOM cod interim rule allowed
vessels fishing with exempted gear or fishing in exempted fisheries to
continue to fish within the seasonal interim closure areas; however,
the rule mistakenly did not include the Small Mesh Area 1 and 2
Exemption Areas.
An exempted fishery is implemented after it is determined that a
specific fishery utilizes a certain gear type, and/or fishes in
specific areas or times that result in a groundfish bycatch that is
less than 5 percent and doesn't jeopardize fishing mortality
objectives. Vessels fishing in the Small Mesh Areas must use raised
footrope trawl nets that result in minimal groundfish bycatch. Vessels
fishing in these areas may not fish for, possess, or land any
groundfish. They are allowed to fish for and possess only whiting, red
hake, and a limited number of other species.
Additional information on exempted fisheries can be found online at
www.greateratlantic.fisheries.noaa.gov/regs/info.html.
Correction
We recently recognized that the GOM cod interim rule regulations
inadvertently omitted two small mesh exemption areas utilized by
groundfish vessels. Groundfish vessels are allowed to fish with small
mesh nets using raised footrope trawls in the Small Mesh
[[Page 11332]]
Area 1 and 2 Exempted Areas, as described at 50 CFR 648.80(a)(9).
Because these areas were omitted from the regulatory text, groundfish
vessels would be unable to fish in the portions of the Small Mesh 1 and
2 Exemption Areas that overlap with the GOM cod seasonal interim
closure areas. This correction adds the Small Mesh Area 1 and 2
Exempted Areas to the list of exempted fishery areas that are exempt
from the GOM cod seasonal interim closure areas. As a result, vessels
can now fish with small mesh nets with raised footrope trawls in the
Small Mesh Area 2 Exemption Area in March and April, and, if the
interim rule were to be extended another six months, in the Small Mesh
Area 1 Exemption Area July 15 through November 15. This correction is
consistent with the original intent of the GOM cod interim rule.
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds that
pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be contrary to the public interest. This temporary
rule adds the Small Mesh Area 1 and 2 Exempted Areas to the list of
exempted fisheries that are exempt from the GOM cod seasonal interim
closure areas. These two areas were inadvertently left out of the GOM
cod interim action and adding these areas does not substantively change
the regulations. Providing notice and comment on these changes is
contrary to the public interest because any additional delay would
cause economic harm to fishery participants by denying them
opportunities to fish in the specified areas, which would have been
permitted but for the previous inadvertent omission. Moreover, this
action reduces a regulatory restriction and provides fishermen with
greater fishing opportunities while maintaining the goals and
objectives of the GOM cod interim rule and the groundfish fishery
management plan.
The Assistant Administrator also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness and makes this
rule effective immediately upon filing for public inspection. In
addition to the reasons stated above, an area within Small Mesh Area 2
will close on March 1, 2015. Vessels fishing with raised footrope
trawls would then be prohibited from fishing in that area
unnecessarily. Waiving the 30-day delay avoids this unnecessary closure
and allows fishery participants to fish in Small Mesh Area 2 without
interruption, as was originally intended when the interim management
measures were published.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 24, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
Therefore, NOAA amends 50 CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 648.81 is amended by:
0
A. Suspending from February 26, 2015, unti May 12, 2015, paragraph
(o)(2)(iv), and
0
B. Temporarily adding from February 26, 2015, until May 12, 2015,
paragraph (o)(2)(vi).
The addition reads as follows:
Sec. 648.81 NE multispecies closed area and measures to protect EFH.
* * * * *
(o) * * *
(2) * * *
(vi) That are fishing in the Raised Footrope Trawl Exempted Whiting
Fishery, ass specified in Sec. 648.80(a)(15), or the Small Mesh Area 1
and 2 Exemption Areas as specified in Sec. 648.80(a)(9).
[FR Doc. 2015-04319 Filed 2-26-15; 4:15 pm]
BILLING CODE 3510-22-P
