Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery, 56534-56535 [2016-19983]

Download as PDF 56534 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 421(d), 502, and 503 of the Stafford Act. Assistance under this subpart must also conform to requirements of 44 CFR part 201, Mitigation Planning, 44 CFR part 206, subparts G—Public Assistance Project Administration, I—Public Assistance Insurance Requirements, J— Coastal Barrier Resources Act, and M— Minimum Standards, 44 CFR part 9— Floodplain Management, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy. 15. In § 206.434, revise paragraph (c)(3) to read as follows: ■ § 206.434 Eligibility. * * * * (c) * * * (3) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy; * * * * * Application procedures. * * * * * (c) * * * (10) Environmental information consistent with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy. * * * * * PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE 17. The authority citation for part 209 continues to read as follows: ■ Authority: Pub. L. 106–113, Div. B, sec. 1000(a)(5) (enacting H.R. 3425 by crossreference), 113 Stat. 1501, 1536; Pub. L. 106– 246, 114 Stat. 511, 568; Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412. 18. In § 209.6, revise paragraph (b)(3) to read as follows: ■ Lhorne on DSK30JT082PROD with RULES Project eligibility. * * * * * (b) * * * (3) Conform with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 [FR Doc. 2016–19536 Filed 8–19–16; 8:45 am] BILLING CODE 9111–A6–P DEPARTMENT OF COMMERCE 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XE811 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure. AGENCY: 16. In § 206.436, revise paragraph (c)(10) to read as follows: ■ § 209.6 Dated: August 2, 2016. W. Craig Fugate, Administrator, Federal Emergency Management Agency. National Oceanic and Atmospheric Administration * § 206.436 laws, regulations, Executive Orders, and agency policy. * * * * * This action closes the Gulf of Maine Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/ hook gear for the remainder of Trimester 1, through August 31, 2016. The closure is required by regulation because the common pool fishery has caught 90 percent of its Trimester 1 quota for Gulf of Maine cod. This closure is intended to prevent an overage of the common pool’s quota for this stock. DATES: This action is effective August 17, 2016, through August 31, 2016. 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. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. As of August 8, 2016, the common pool fishery has caught approximately 88 percent of the Trimester 1 TAC (2.1 mt) for Gulf of Maine (GOM) cod. We project that 90 percent of the Trimester 1 TAC was caught by August 12. The SUMMARY: PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 fishing year 2016 common pool subannual catch limit (sub-ACL) for GOM cod is 7.6 mt. Effective August 17, 2016, the GOM Cod Trimester TAC Area is closed for the remainder of Trimester 1, through August 31, 2016, to all common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The GOM Cod Trimester TAC Area consists of statistical areas 513 and 514. The area reopens at the beginning of Trimester 2 on September 1, 2016. If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and crossed the VMS demarcation line prior to August 17, 2016, it may complete its trip within the Trimester TAC Area. Any overage of the Trimester 1 or 2 TACs must be deducted from the Trimester 3 TAC. If the common pool fishery exceeds its sub-ACL for the 2016 fishing year, the overage must be deducted from the common pool’s subACL for fishing year 2017. Any uncaught portion of the Trimester 1 and Trimester 2 TACs is carried over into the next trimester. However, 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 are on our Web site at: https:// www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealerreported 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. 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 will catch 90 percent of its Trimester 1 TAC for GOM cod on or around August 12, 2016. The time necessary to provide for prior notice and E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations comment, and a 30-day delay in effectiveness, prevents the immediate closure of the GOM Cod Trimester 1 TAC Area. Delaying the effective date of a closure increases the likelihood that the common pool fishery will exceed its quota of GOM cod to the detriment of this stock, which could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additionally, an overage of the common pool quota could cause negative economic impacts to the common pool fishery as a result of overage paybacks in a future trimester or fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: August 16, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–19983 Filed 8–17–16; 4:15 pm] BILLING CODE 3510–22–P Classification DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150903814–5999–02] RIN 0648–XE755 Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2016 Winter II Quota National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS adjusts the 2016 Winter II commercial scup quota. This action complies with Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period. DATES: Effective November 1, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management Specialist, (978) 281–9112. SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal Register on November 3, 2003 (68 FR 62250), implementing a process to roll over unused Winter I commercial scup quota (January 1 through April 30) to be added to the Winter II period quota (November 1 through December 31). This framework also allows adjustment Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 of the commercial possession limit for the Winter II period dependent on the amount of quota rolled over from the Winter I period. For 2016, the initial Winter II quota is 3,262,554 lb (1,480 mt), and the best available landings information indicates that 3,192,389 lb (1,448 mt) remain of the Winter I quota of 9,232,987 lb (4,188 mt). Consistent with the intent of Framework 3, the full amount of unused 2016 Winter I quota would be transferred to Winter II, resulting in a revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the amount transferred is greater than 2,000,000 lb (907 mt), the possession limit per trip will increase from 12,000 lb (5,443 kg) to 18,000 lb (8,165 kg), as outlined in the final rule that established the 2016 specifications, published on December 28, 2015 (80 FR 80689). 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), has determined good cause exists pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment on this in-season adjustment because it is impracticable and contrary to the public interest. The landings data upon which this action is based are not available on a real-time basis and, consequently, were compiled only a short time before the determination was made that this action is warranted. If implementation of this in-season action is delayed to solicit prior public comment, the objective of the fishery management plan to achieve the optimum yield from the fishery could be compromised; deteriorating weather conditions during the latter part of the fishing year will reduce fishing effort and could prevent the annual quota from being fully harvested. This would conflict with the agency’s legal obligation under the Magnuson-Stevens Fishery Conservation and Management Act to achieve the optimum yield from a fishery on a continuing basis, resulting in a negative economic impact on vessels permitted to fish in this fishery. Moreover, the rollover process and potential changes in trip limits were already outlined in the 2016 to 2018 specifications published December 28, 2015, that were provided for notice and comment rulemaking. No comments were received on either part. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 56535 Dated: August 17, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–20031 Filed 8–19–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150903814–5999–02] RIN 0648–XE810 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the 2016 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2016, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts. DATES: Effective 0001 hours, August 19, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281–9112, or Reid.Lichwell@noaa.gov. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102. The initial commercial quota for summer flounder for the 2016 calendar year was set equal to 8,124,035 lb (3,684,997 kg) (80 FR 80689, December SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56534-56535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19983]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XE811


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Gulf of Maine Cod Trimester Total Allowable Catch 
Area Closure for the Common Pool Fishery

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

ACTION: Temporary rule; area closure.

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SUMMARY: This action closes the Gulf of Maine Cod Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear, sink gillnet gear, and longline/hook gear for 
the remainder of Trimester 1, through August 31, 2016. The closure is 
required by regulation because the common pool fishery has caught 90 
percent of its Trimester 1 quota for Gulf of Maine cod. This closure is 
intended to prevent an overage of the common pool's quota for this 
stock.

DATES: This action is effective August 17, 2016, through August 31, 
2016.

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. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock for the remainder of the trimester.
    As of August 8, 2016, the common pool fishery has caught 
approximately 88 percent of the Trimester 1 TAC (2.1 mt) for Gulf of 
Maine (GOM) cod. We project that 90 percent of the Trimester 1 TAC was 
caught by August 12. The fishing year 2016 common pool sub-annual catch 
limit (sub-ACL) for GOM cod is 7.6 mt.
    Effective August 17, 2016, the GOM Cod Trimester TAC Area is closed 
for the remainder of Trimester 1, through August 31, 2016, to all 
common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The GOM Cod Trimester TAC Area consists of 
statistical areas 513 and 514. The area reopens at the beginning of 
Trimester 2 on September 1, 2016.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to August 17, 2016, it may complete its trip 
within the Trimester TAC Area.
    Any overage of the Trimester 1 or 2 TACs must be deducted from the 
Trimester 3 TAC. If the common pool fishery exceeds its sub-ACL for the 
2016 fishing year, the overage must be deducted from the common pool's 
sub-ACL for fishing year 2017. Any uncaught portion of the Trimester 1 
and Trimester 2 TACs is carried over into the next trimester. However, 
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 are on 
our Web site at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, 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.
    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 will 
catch 90 percent of its Trimester 1 TAC for GOM cod on or around August 
12, 2016. The time necessary to provide for prior notice and

[[Page 56535]]

comment, and a 30-day delay in effectiveness, prevents the immediate 
closure of the GOM Cod Trimester 1 TAC Area. Delaying the effective 
date of a closure increases the likelihood that the common pool fishery 
will exceed its quota of GOM cod to the detriment of this stock, which 
could undermine management objectives of the Northeast Multispecies 
Fishery Management Plan. Additionally, an overage of the common pool 
quota could cause negative economic impacts to the common pool fishery 
as a result of overage paybacks in a future trimester or fishing year.

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

    Dated: August 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-19983 Filed 8-17-16; 4:15 pm]
 BILLING CODE 3510-22-P

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