[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68797-68798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27131]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151211999-6343-02; RTID 0648-XX021]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Closure of the Regular B Days-at-Sea Program for
the Remainder of Fishing Year 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason closure.
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SUMMARY: This action closes the Regular B Days-at-Sea Program and
prohibits the use of Regular B Days-at-Sea for all Northeast
multispecies vessels for the remainder of fishing year 2019, through
April 30, 2020. This action is being taken because the common pool
fishery is projected to have caught 77 percent of the Incidental Catch
Total Allowable Catch for Gulf of Maine Cod. We have projected that
continuation of the program would undermine the achievements of the
objectives of the Northeast Multispecies Fishery Management Plan and
the Regular B Days-at-Sea Program.
DATES: This action is effective December 16, 2019, through April 30,
2020.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR
648.85(b)(6)(vi) authorize the Regional Administrator to close the
Regular B Days-at-Sea (DAS) program by prohibiting the use of Regular B
DAS when the continuation of the program would undermine the
achievement of the objectives of the Northeast Multispecies Fishery
Management Plan (FMP) or the Regular B DAS Program.
Framework Adjustment 58 to the Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented Common Pool Incidental Catch Total
Allowable Catches (TAC) for the Regular B DAS Program for the 2019 and
2020 fishing years, listed in Table 1 below. The Incidental Catch TAC
for Gulf of Maine (GOM) Cod is very small, at 242.5 lb (110 kg).
Table 1--Fishing Years 2019-2020 Incidental Catch TACs for the Regular B
DAS Program
[mt, live weight]
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Stock 2019 2020
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Georges Bank (GB) Cod....... 0.54 (1,190.5 lb)... 0.67 (1477.1 lb)
GOM Cod..................... 0.11 (242.5 lb) 0.11 (242.5 lb)
GB Yellowtail Flounder...... 0.02 (44.1 lb) 0.04 (88.2 lb)
Cape Cod/GOM Yellowtail 0.21 (463.0 lb) 0.21 (463.0 lb)
Flounder.
American Plaice............. 1.57 (3,461.3 lb)... 1.46 (3,218.7 lb)
Witch Flounder.............. 1.15 (2,535.3 lb)... 1.15 (2,535.3 lb)
Southern New England/Mid- 0.74 (1,631.4 lb)... 0.74 (1,631.4 lb)
Atlantic Winter Flounder.
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Based on information reported through October 12, 2019, the common
pool fishery is projected to have caught approximately 186 lb (84.4
kg), or 77 percent of the 242.5-lb (110-kg) Incidental Catch Total
Allowable Catch (TAC) for GOM cod.
The trip limit for GOM cod for common pool vessels participating in
the Regular B DAS Program is 25 lb per trip. At this trip limit, the
common pool fishing has only two trips remaining before it achieves the
Incidental Catch TAC.
Given the current trip limit, and past fishing behavior, the common
pool may achieve or exceed the GOM Cod Incidental Catch TAC in a very
short amount of time. Additionally, this may happen sooner if effort in
the Regular B DAS Program increases. Even at the current low level of
effort in the Regular B DAS Program, we may not be able to close the
program in time to prevent the common pool from exceeding the GOM Cod
Incidental Catch TAC, which would be detrimental to the fishery.
As a result, it is unlikely that we can effectively limit catch to
the GOM Cod Incidental Catch TAC during the remainder of fishing year
2019. We project that continuation of the Regular B DAS program would
undermine the achievement of the objectives of the Northeast
Multispecies FMP and the Regular B DAS Program. Effective December 16,
2019, the Regular B DAS Program is closed and use of Regular B DAS is
prohibited for the remainder of the 2019 fishing year, through April
30, 2020. This applies to all vessels issued
[[Page 68798]]
a limited access Northeast multispecies permit.
If a vessel declared its trip under a Regular B DAS through the
Vessel Monitoring System (VMS) or the interactive voice response
system, and crossed the VMS demarcation line prior to December 16,
2019, it may complete its trip.
Weekly quota monitoring reports for the Northeast Multispecies
fishery are on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. We will continue to monitor 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 regulations authorize the Regional Administrator to close the
Regular B DAS Program when the continuation of the program would
undermine the achievement of the objectives of the Northeast
Multispecies Fishery Management Plan (FMP) or the Regular B DAS
Program. The public had prior notice and opportunity to comment on
these regulations and the potential for in-season closures. Updated
catch information only recently became available indicating that the
common pool fishery is projected to have caught 77 percent of the
Incidental Catch TAC for GOM cod as of October 12, 2019. This action
prevents or limits the overage of the Incidental Catch TAC for this
stock. A delay in effectiveness would provide vessel owners an
opportunity to continue to participate in the Regular B DAS Program,
but any additional participation and catch in the program could cause
the allocation to be exceeded. The time necessary to provide for prior
notice and comment, and a 30-day delay in effectiveness, would prevent
NMFS from implementing the Regular B DAS program closure in a timely
manner, contrary to the purpose of the regulations. This could
undermine conservation objectives of the Northeast Multispecies Fishery
Management Plan and Regular B DAS Program, and cause negative economic
impacts to the Northeast multispecies fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-27131 Filed 12-16-19; 8:45 am]
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