[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Rules and Regulations]
[Pages 18661-18663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8056]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XA304
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Adjustments for the Common Pool
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limits.
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SUMMARY: NMFS increases the possession limit for George's Bank (GB)
cod, Cape Cod (CC)/Gulf of Maine (GOM) yellowtail flounder, and
Southern New England (SNE)/Mid-Atlantic (MA) yellowtail flounder, and
reduces the trip limit GOM cod and GOM winter flounder for Northeast
(NE) multispecies common pool vessels for the 2010 fishing year (FY),
through April 30, 2011. This action is authorized under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act, and by
the regulations implementing Amendment 16 and Framework Adjustment 44
to the NE Multispecies Fishery Management Plan (FMP). The action is
intended to facilitate the harvest of GB cod, CC/GOM yellowtail
flounder, and SNE/MA yellowtail to allow the total catch of these
stocks to approach the pertinent common pool sub-annual catch limits
(sub-ACLs). This action is also intended to reduce catch rates of GOM
cod and GOM winter flounder by NE common pool vessels and minimize
additional overharvest of these stocks relative to the pertinent common
pool sub-ACLs.
DATES: The trip limit increases for GB cod and SNE/MA and CC/GOM
yellowtail flounder are effective March 31, 2011, through April 30,
2011. The trip limits reductions for GOM cod and GOM winter flounder
are effective April 5, 2011, through April 30, 2011.
FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst,
(978) 281-9257, fax (978) 281-9135.
[[Page 18662]]
SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies
fishery are found at 50 CFR 648 subpart F. The regulations at Sec.
648.86(o) authorize the NE Regional Administrator (RA) to adjust the
possession limits for common pool vessels in order to optimize the
harvest of NE regulated multispecies by preventing the overharvest or
underharvest of the pertinent common pool sub-ACLs. For FY 2010, the
common pool sub-ACLs for GB cod, GOM cod, CC/GOM yellowtail flounder,
SNE/MA yellowtail flounder, and GOM winter flounder are: 128 mt
(282,192 lb); 240 mt (529,109 lb); 50 mt (110,231 lb); 75 mt (165,347
lb), and 25 mt (55,116 lb), respectively. The current possession limit
for GB cod is 2,000 lb (907.2 kg) per day-at-sea (DAS) up to 20,000 lb
(9,071.8 kg) per trip, and the current possession limit for CC/GOM
yellowtail flounder and SNE/MA yellowtail flounder is 250 lb (113.4 kg)
per DAS up to 1,500 lb (680.4 kg) per trip. The current possession
limits for GOM cod and GOM winter flounder are: 100 lb (45.4 kg) per
DAS up to 1,000 lb (453.6 kg) per trip and 250 lb (113.4 kg) per trip,
respectively.
The initial limit for GOM cod set by Amendment 16 was 800 lb (362.9
kg) per DAS up to 4,000 lb (1,814.5 kg) per trip. An inseason action
published in the Federal Register on May 27, 2010 (75 FR 29678),
reduced the common pool trip limits for five stocks: GOM haddock, GB
haddock, GOM winter flounder, GB winter flounder, and GB yellowtail
flounder. A subsequent action (75 FR 44924, July 30, 2010) reduced the
trip limit for GOM cod to 200 lb (90.7 kg) per DAS up to 1,000 lb
(453.6 kg) per trip and imposed a gear restriction in the U.S./Canada
Management Area to reduce catch of GB yellowtail flounder. A September
2, 2010, inseason action (75 FR 53872) imposed 2:1 differential DAS
counting in the Inshore GOM, Offshore GOM, Inshore GB, and Offshore GB
Differential DAS Areas to reduce effort on GOM cod, white hake, and
witch flounder. A fourth action (75 FR 59154, September 27, 2010)
further reduced the GOM cod trip limit to 100 lb (45.4 kg) per DAS. No
inseason adjustments have been made to the possession limits for GB
cod, CC/GOM yellowtail flounder, or SNE/MA yellowtail flounder for FY
2010.
As of March 24, 2011, the best available catch information,
including Vessel Monitoring System (VMS) reports and dealer reports,
indicated that approximately 44 percent of the GB cod, 67 percent of
the CC/GOM yellowtail flounder, 24 percent of the SNE/MA yellowtail
flounder, 102 percent of the GOM cod, and 100 percent of the GOM winter
flounder common pool sub-ACLs has been harvested. Based on this
information, the RA determined that additional measures are needed to
facilitate the harvest of GB cod, CC/GOM yellowtail flounder, and SNE/
MA yellowtail flounder to help allow the total catch of these stocks by
common pool vessels to approach the pertinent common pool sub-ACLs.
Conversely, the RA determined that additional measures are needed to
slow catch rates of GOM cod and GOM winter flounder by common pool
vessels. Therefore, the trip limit for GB cod is increased to 3,000 lb
(1,360.8 kg) per DAS up to 30,000 lb (13,607.8 kg) per trip, and the
trip limit for CC/GOM yellowtail flounder and SNE/MA yellowtail
flounder is increased to 750 lb (340.2 kg) per DAS up to 3,000 lb
(1,360.8 kg) per trip for common pool vessels, effective March 31, 2011
through April 30, 2011. In addition, the trip limit for GOM cod is
reduced to 100 lb (45.4 kg) per trip, and the trip limit for GOM winter
flounder is reduced to 100 lb (45.4 kg) per trip for common pool
vessels, effective April 5, 2011, through April 30, 2011. This action
does not change the current cod trip limit for vessels with a Handgear
A (50 lb (22.7 kg) per trip), Handgear B (25 lb (11.3 kg) per trip), or
Small Vessel Category (75 lb (34.0 kg) per trip of cod within the limit
of 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined)
permit. This action does change the GOM winter flounder trip limit for
vessels with a Handgear A, Handgear B, or Small Vessel Category permit
to 100 lb (45.4 kg) per trip). The trip limit adjustments implemented
through this action are detailed in the table below. Catch will
continue to be monitored through dealer-reported landings, VMS catch
reports, and other available information, and if necessary, additional
adjustments to common pool management measures may be made.
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Old possession/trip New possession/trip
Stock limit limit
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CC/GOM yellowtail flounder.. 250 lb (113.4 kg) 750 lb (340.2 kg)
per DAS up to 1,500 per DAS up to 3,000
lb (680.4 kg) per lb (1,360.8 kg) per
trip. trip.
SNE yellowtail flounder..... 250 lb (113.4 kg) 750 lb (340.2 kg)
per DAS up to 1,500 per DAS up to 3,000
lb (680.4 kg) per lb (1,360.8 kg) per
trip. trip.
GB cod...................... 2,000 lb (907.2 kg) 3,000 lb (1,360.8
per DAS up to kg) per DAS up to
20,000 lb (9,071.8 30,000 lb (13,607.8
kg) per trip. kg) per trip.
GOM cod..................... 100 lb (45.4 kg) per 100 lb (45.4 kg) per
DAS up to 1,000 lb trip.
(453.6 kg) per trip.
GOM winter flounder......... 250 lb (113.4 kg) 100 lb (45.4 kg) per
per trip. trip.
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Classification
This action is authorized 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)(3)(B) and (d)(3) to waive prior notice and
the opportunity for public comment, as well as delayed effectiveness,
for this inseason adjustment because notice, comment, and a delayed
effectiveness would be impracticable and contrary to the public
interest. The regulations at Sec. 648.86(o) grant the RA authority to
adjust the NE multispecies possession limits for common pool vessels in
order to prevent the overharvest or underharvest of the pertinent
common pool sub-ACLs. This action increases the possession limit for GB
cod, CC/GOM yellowtail flounder, and SNE/MA yellowtail flounder to
facilitate the harvest of these stocks, as well as reduces the trip
limits for GOM cod and GOM winter flounder to minimize overharvest of
the common pool sub-ACLs for these stocks. Catch data upon which this
action is based have only recently become available. The time necessary
to provide for prior notice and comment, and delayed effectiveness for
this action, would prevent NMFS from implementing the necessary
possession limit adjustments in a timely manner. A resulting delay in
the liberalization of possession limits would unnecessarily restrain
catch rates for GB cod, CC/GOM yellowtail flounder, and SNE/MA
yellowtail flounder, thereby preventing the total catch of these stocks
to approach the pertinent common pool
[[Page 18663]]
sub-ACLs. In addition, a resulting delay in the curtailment of the
catch rates of GOM cod and GOM winter flounder could increase the
amount of overharvest of GOM cod, or cause the GOM winter flounder sub-
ACL to be exceeded, thereby undermining the conservation objectives of
the FMP.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-8056 Filed 3-31-11; 4:15 pm]
BILLING CODE 3510-22-P