Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the Common Pool Fishery, 61568-61569 [2018-26072]

Download as PDF 61568 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations document corrects a technical error in the preamble to the CY 2019 OPPS/ASC final rule with comment period but does not make substantive changes to the policies or payment methodologies that were adopted in the final rule. Rather, it is intended to ensure that the public has 60 days to comment on the payment classifications assigned to the interim APC assignments and/or status indicators of new or replacement Level II HCPCS codes in the CY 2019 OPPS/ ASC final rule with comment period, which is the duration of the typical comment period on these topics. In addition, even if this were a rulemaking to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the correction in this document into the final rule or delaying the effective date would be contrary to the public interest because it is in the public’s interest to have adequate time to comment on the payment classifications assigned to the interim APC assignments and/or status indicators of new or replacement Level II HCPCS codes included in the CY 2019 OPPS/ASC final rule with comment period. Furthermore, such procedures would be unnecessary, as we are not altering our payment methodologies or policies, but rather, we are simply correcting the incorrect comment period end date. This correcting document is intended solely to ensure that the comment period end date included in the CY 2019 OPPS/ASC final rule with comment period is correct for those items on which the public can submit public comments. For these reasons, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2018–24243 of November 21, 2018 (83 FR 58818), make the following corrections: 1. On page 58818, in the second column, in the DATES section, under the heading ‘‘Comment Period,’’ correct ‘‘December 3, 2018’’ to read ‘‘January 2, 2019’’. Dated: November 26, 2018. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2018–26079 Filed 11–29–18; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XG607 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: This action adjusts the possession and trip limits of Georges Bank cod for Northeast multispecies common pool vessels for the remainder of the 2018 fishing year, in order to ensure that the common pool fishery is SUMMARY: able to harvest, but not exceed, its annual quota for the stock. These changes are intended to provide the common pool fishery with additional fishing opportunities. DATES: These possession and trip limit adjustment are effective November 29, 2018, through April 30, 2019. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, 978–281–9232. SUPPLEMENTARY INFORMATION: Possession and Trip Limit Increase for Georges Bank Cod The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to help avoid the overharvest or underharvest of the common pool quotas. Based on information reported through October 13, 2018, the common pool fishery has caught 5,797 lb (2.6 mt) of Georges Bank (GB) cod, or approximately 11 percent of its 53,374 lb (24.2 mt) annual quota. At the current rate of fishing, the common pool fishery is not projected to fully harvest its annual quota for the stock by the end of the 2018 fishing year. A moderate increase in the possession and trip limits for the stock will provide additional opportunities with little risk of exceeding the common pool quota of the stock. Effective November 29, 2018, the possession and trip limit of GB cod is increased, as summarized in Table 1. Common pool groundfish vessels that have declared their trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to November 29, 2018, may land at the new possession and trip limits for that trip. TABLE 1—CURRENT AND NEW POSSESSION AND TRIP LIMITS FOR GB COD Permit type Current possession/trip limits New possession/trip limits Day-At-Sea (DAS) .. 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip (Outside of the Eastern U.S./Canada Area). 100 lb (45.4 kg) per DAS, up to 500 lb (226.8 kg) per trip (Inside the Eastern U.S./Canada Area). 100 lb (45.4 kg) per trip ......................................................................................... 25 lb (11.3 kg) per trip ........................................................................................... 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per DAS, up to 500 lb (226.8 kg) per trip. Handgear A ............. Handgear B ............. Small Vessel Category *. 250 lb (113.4 kg) per trip. unchanged. 250 lb (113.4 kg) per trip. amozie on DSK3GDR082PROD with RULES * The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place. VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES Reduction of the GB Cod Trip Limit in the Closed Area II Haddock Special Access Program The projection supporting the increase of the common pool possession and trip limits for GB cod is based on the assumption that the common pool fleet fishes primarily within the Western U.S./Canada area, outside of any Special Access Programs (SAPs), as it has done for several years. As described in 50 CFR 648.85(b), SAPs are established to authorize specific fisheries to allow increased yield of certain target stocks without undermining the achievement of the goals of the Northeast Multispecies Fishery Management Plan. The Closed Area II Haddock SAP (CA2 SAP) has a limit of 1,000 lb (453.6 kg) per trip of GB cod, which is double the GB cod trip limit for common pool vessels not participating in the SAPs. Under a worst-case scenario projection, the common pool fleet could take up to 12 trips within the CA2 SAP at 1,000 lb (453.6 kg) per trip. In this scenario, the common pool could potentially land the entire common pool Eastern GB cod sub-ACL of 11,500 lb (5.2 mt), and could substantially contribute to exceeding the entire common pool GB cod sub-ACL. In order to avoid this worst case scenario that would contribute to the common pool exceeding its quotas, effective November 29, 2018, the trip limit of GB cod for common pool vessels participating in the CA2 SAP is set to 500 lb (226.8 kg) per trip. In addition, this change may help avoid confusion and facilitate enforcement by making the CA2 SAP GB cod trip limit consistent with other common pool limits for the stock. Common pool groundfish vessels participating in the affected SAPs that have declared their trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to November 29, 2018, are not subject new possession and trip limits for that trip. Weekly quota monitoring reports for the common pool fishery can be found on our website at: http:// 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. VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 61569 Classification DEPARTMENT OF COMMERCE 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 catch data used as the basis for this action only recently became available. The available analysis indicates that the increased possession and trip limit adjustments for GB cod will help the fishery achieve the optimum yield (OY) for this stock. Any delay in this action would limit the benefits to common pool vessels that this action is intended to provide. The decrease in the CA2 SAP trip limit reduces the low likelihood of overages should vessels participate in the CA2 SAP. An overage of the common pool quota for this stock would undermine conservation objectives and trigger the implementation of accountability measures that could reduce available catch in the next fishing year, which would have negative economic impacts on the common pool fishery. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would keep NMFS from implementing the necessary possession and trip limit changes in a timely manner, which could prevent the fishery from achieving the OY and cause negative economic impacts to the common pool fishery. National Oceanic and Atmospheric Administration Authority: 16 U.S.C. 1801 et seq. Dated: November 26, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–26072 Filed 11–29–18; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 50 CFR Part 660 [Docket No. 171023999–8440–02] RIN 0648–XG581 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2018 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-tribal Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reapportionment of tribal Pacific whiting allocation. AGENCY: This document announces the reapportionment of 40,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 24, 2018. This reapportionment is to allow full utilization of the Pacific whiting resource. DATES: The reapportionment of Pacific whiting was applicable from 12 noon local time, September 24, 2018 through December 31, 2018. Comments will be accepted through December 17, 2018. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2017–0160 by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal at www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170160. Click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115–0070, Attn: Miako Ushio. Instructions: Comments sent by any other method to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain SUMMARY: E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61568-61569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XG607


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the 
Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

-----------------------------------------------------------------------

SUMMARY: This action adjusts the possession and trip limits of Georges 
Bank cod for Northeast multispecies common pool vessels for the 
remainder of the 2018 fishing year, in order to ensure that the common 
pool fishery is able to harvest, but not exceed, its annual quota for 
the stock. These changes are intended to provide the common pool 
fishery with additional fishing opportunities.

DATES: These possession and trip limit adjustment are effective 
November 29, 2018, through April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, 978-281-9232.

SUPPLEMENTARY INFORMATION: 

Possession and Trip Limit Increase for Georges Bank Cod

    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the possession and trip limits for common pool 
vessels in order to help avoid the overharvest or underharvest of the 
common pool quotas.
    Based on information reported through October 13, 2018, the common 
pool fishery has caught 5,797 lb (2.6 mt) of Georges Bank (GB) cod, or 
approximately 11 percent of its 53,374 lb (24.2 mt) annual quota. At 
the current rate of fishing, the common pool fishery is not projected 
to fully harvest its annual quota for the stock by the end of the 2018 
fishing year. A moderate increase in the possession and trip limits for 
the stock will provide additional opportunities with little risk of 
exceeding the common pool quota of the stock.
    Effective November 29, 2018, the possession and trip limit of GB 
cod is increased, as summarized in Table 1. Common pool groundfish 
vessels that have declared their trip through the vessel monitoring 
system (VMS) or interactive voice response system, and crossed the VMS 
demarcation line prior to November 29, 2018, may land at the new 
possession and trip limits for that trip.

     Table 1--Current and New Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                                  Current possession/    New possession/
          Permit type                 trip limits          trip limits
------------------------------------------------------------------------
Day-At-Sea (DAS)..............  100 lb (45.4 kg) per    250 lb (113.4
                                 DAS, up to 200 lb       kg) per DAS, up
                                 (90.7 kg) per trip      to 500 lb
                                 (Outside of the         (226.8 kg) per
                                 Eastern U.S./Canada     trip.
                                 Area).
                                100 lb (45.4 kg) per
                                 DAS, up to 500 lb
                                 (226.8 kg) per trip
                                 (Inside the Eastern
                                 U.S./Canada Area).
Handgear A....................  100 lb (45.4 kg) per    250 lb (113.4
                                 trip.                   kg) per trip.
Handgear B....................  25 lb (11.3 kg) per     unchanged.
                                 trip.
Small Vessel Category *.......  100 lb (45.4 kg) per    250 lb (113.4
                                 trip.                   kg) per trip.
------------------------------------------------------------------------
* The Small Vessel Category trip limit of 300 lb of cod, yellowtail
  flounder, and haddock combined remains in place.


[[Page 61569]]

Reduction of the GB Cod Trip Limit in the Closed Area II Haddock 
Special Access Program

    The projection supporting the increase of the common pool 
possession and trip limits for GB cod is based on the assumption that 
the common pool fleet fishes primarily within the Western U.S./Canada 
area, outside of any Special Access Programs (SAPs), as it has done for 
several years. As described in 50 CFR 648.85(b), SAPs are established 
to authorize specific fisheries to allow increased yield of certain 
target stocks without undermining the achievement of the goals of the 
Northeast Multispecies Fishery Management Plan. The Closed Area II 
Haddock SAP (CA2 SAP) has a limit of 1,000 lb (453.6 kg) per trip of GB 
cod, which is double the GB cod trip limit for common pool vessels not 
participating in the SAPs.
    Under a worst-case scenario projection, the common pool fleet could 
take up to 12 trips within the CA2 SAP at 1,000 lb (453.6 kg) per trip. 
In this scenario, the common pool could potentially land the entire 
common pool Eastern GB cod sub-ACL of 11,500 lb (5.2 mt), and could 
substantially contribute to exceeding the entire common pool GB cod 
sub-ACL.
    In order to avoid this worst case scenario that would contribute to 
the common pool exceeding its quotas, effective November 29, 2018, the 
trip limit of GB cod for common pool vessels participating in the CA2 
SAP is set to 500 lb (226.8 kg) per trip. In addition, this change may 
help avoid confusion and facilitate enforcement by making the CA2 SAP 
GB cod trip limit consistent with other common pool limits for the 
stock.
    Common pool groundfish vessels participating in the affected SAPs 
that have declared their trip through the vessel monitoring system 
(VMS) or interactive voice response system, and crossed the VMS 
demarcation line prior to November 29, 2018, are not subject new 
possession and trip limits for that trip.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our website at: http://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.
    The catch data used as the basis for this action only recently 
became available. The available analysis indicates that the increased 
possession and trip limit adjustments for GB cod will help the fishery 
achieve the optimum yield (OY) for this stock. Any delay in this action 
would limit the benefits to common pool vessels that this action is 
intended to provide.
    The decrease in the CA2 SAP trip limit reduces the low likelihood 
of overages should vessels participate in the CA2 SAP. An overage of 
the common pool quota for this stock would undermine conservation 
objectives and trigger the implementation of accountability measures 
that could reduce available catch in the next fishing year, which would 
have negative economic impacts on the common pool fishery.
    The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, would keep NMFS from implementing the 
necessary possession and trip limit changes in a timely manner, which 
could prevent the fishery from achieving the OY and cause negative 
economic impacts to the common pool fishery.

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

    Dated: November 26, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-26072 Filed 11-29-18; 8:45 am]
 BILLING CODE 3510-22-P