80 FR 28575 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 9

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range		28575-28578
FR Document		2015-12060

Framework Adjustment 9 proposes management measures to further enhance catch monitoring and address discarding catch before it has been sampled by observers (known as slippage), in the Atlantic mackerel fishery. Framework 9 would implement slippage consequence measures, and a requirement that slippage events be reported via the vessel monitoring system. For allowable slippage events, due to safety, mechanical failure, or excess catch of spiny dogfish, vessels must move 15 nm from the location of the slippage event. For non- allowable slippage events, due to reasons other than those listed previously, vessels must terminate their fishing trip. Slippage events have the potential to substantially affect analysis or extrapolations of incidental catch, including river herring and shad, these proposed measures are designed to address this issue.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)

[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28575-28578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12060]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150401329-5437-01]
RIN 0648-BF00


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Framework Adjustment 9

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

ACTION: Proposed rule, request for comments.

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SUMMARY: Framework Adjustment 9 proposes management measures to further 
enhance catch monitoring and address discarding catch before it has 
been sampled by observers (known as slippage), in the Atlantic mackerel 
fishery. Framework 9 would implement slippage consequence measures, and 
a requirement that slippage events be reported via the vessel 
monitoring system. For allowable slippage events, due to safety, 
mechanical failure, or excess catch of spiny dogfish, vessels

[[Page 28576]]

must move 15 nm from the location of the slippage event. For non-
allowable slippage events, due to reasons other than those listed 
previously, vessels must terminate their fishing trip. Slippage events 
have the potential to substantially affect analysis or extrapolations 
of incidental catch, including river herring and shad, these proposed 
measures are designed to address this issue.

DATES: Public comments must be received by June 18, 2015.

ADDRESSES: Copies of supporting documents used by the Mid-Atlantic 
Fishery Management Council, including the Environmental Assessment (EA) 
and Regulatory Impact Review (RIR)/Initial Regulatory Flexibility 
Analysis (IRFA), are available from: Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, 800 North 
State Street, Suite 201, Dover, DE 19901, telephone (302) 674-2331. The 
EA/RIR/IRFA is also accessible via the Internet at http://www.greateratlantic.fisheries.noaa.gov.
    You may submit comments, identified by NOAA-NMFS-2015-0049, by any 
one of the following methods:
     Electronic Submission: Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0049, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to NMFS, Northeast Regional 
Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside 
of the envelope ``Comments on Framework 9.''
    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 and will generally be posted for public viewing on 
www.regulations.gov without change. 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 
anonymous).

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
(978) 281-9224, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    NMFS implemented measures to improve catch monitoring of the 
mackerel, squid, and butterfish fisheries through Amendment 14 to the 
Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) 
(79 FR 10029, February 24, 2014). The focus of Amendment 14 was to 
improve evaluation of the incidental catch of river herring (alewife 
and blueback herring) and shad (American shad and hickory shad), and to 
address incidental catch of river herring and shad. NMFS disapproved 
three measures that were initially included in Amendment 14 including: 
A dealer reporting requirement; a cap that, if achieved, would require 
vessels discarding catch before it had been sampled by observers (known 
as slippage) to return to port; and a recommendation of 100-percent 
observer coverage on midwater trawl vessels and 100-, 50-, and 25-
percent observer coverage on bottom trawl mackerel vessels, with the 
industry contributing $325 per day toward observer costs.
    Currently, slippage events are prohibited for vessels issued a 
limited access mackerel permit or a longfin squid/butterfish moratorium 
permit and carrying a NMFS-approved observer except in circumstances 
which allow slippage events including: Safety; mechanical failure; and 
excess catch of spiny dogfish. Additionally, following a slippage 
event, vessels are currently required to submit a Released Catch 
Affidavit within 48 hours of the end of the fishing trip. In response 
to the disapproval of the slippage measures in Amendment 14, the Mid-
Atlantic Fishery Management Council developed Framework Adjustment 9 to 
the Atlantic Mackerel, Squid, and Butterfish FMP to further enhance 
catch monitoring and to address slippage in the Atlantic mackerel 
fishery. Framework 9 would add slippage consequence measures and 
slippage reporting requirements to build upon the current measures and 
to address monitoring the catch of river herring and shad.
    Framework 9 would require Tier 1, 2, and 3 mackerel vessels on 
observed trips to move 15 nm following an excepted slippage event, 
which includes safety, mechanical failure, or excess catch of spiny 
dogfish. These vessels would also be required to terminate a fishing 
trip and immediately return to port following a non-excepted slippage 
event, which would be due to any reason other than those listed above. 
In addition to submitting a Released Catch Affidavit, vessels carrying 
an observer would also be required to report all slippage events 
through the vessel monitoring system daily catch report for mackerel 
and longfin squid.

Corrections

    This proposed rule also contains an additional regulation change 
that was mistakenly omitted in the 2015-2017 Atlantic mackerel, squid, 
and butterfish specifications final rule (80 FR 14870, March 20, 2015). 
This regulation change would prohibit all vessels with a valid mackerel 
permit from fishing for, possessing, transferring, receiving, or 
selling more than 20,000 lb (9.07 mt) of mackerel per trip or per day 
after 95 percent of the river herring and shad catch cap has been 
harvested. This change in the regulations was identified, described, 
and made available for public comment in the proposed rule for the 
2015-2017 Atlantic mackerel, squid, and butterfish specifications (79 
FR 68202, November 14, 2014).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A summary of 
the analysis follows.

Description of the Reasons Why Action by the Agency Is Being Considered

    This action proposes management measures for the slippage 
consequences to better monitor catch of river herring and shad in the 
Atlantic mackerel fishery. The preamble to this proposed rule includes 
a complete description of the reasons why the Council and NMFS are 
considering this action and these are not repeated here.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The purpose of this proposed action is to minimize slippage, which 
will improve observer data, and should in turn improve decision-making 
that uses observer data. Failure to implement the measures described in 
this proposed rule could result in biased observer data. The preamble 
to this proposed rule includes a complete description of the objectives 
of and legal basis for this action and these are not repeated here.

[[Page 28577]]

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The proposed alternative applies to mackerel limited access 
permits. Based on permit data for 2013, 150 separate vessels hold 
mackerel limited access permits, 114 entities own those vessels, and, 
based on current Small Business Administration (SBA) definitions, 107 
of these are small entities. Of the 107 small entities, 4 had no 
revenue in 2013 and those entities with no revenue are considered small 
entities for the purpose of this analysis. All of the entities that had 
revenue fell into the finfish or shellfish categories, and the SBA 
definitions for those categories for 2014 are $20.5 million for finfish 
fishing and $5.5 million for shellfish fishing. Of the entities with 
revenues, their average revenues in 2013 were $1,201,419. 70 had 
primary revenues from finfish fishing and 33 had their primary revenues 
from shellfish fishing.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    The proposed action contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval under Control Number 0648-0679.
    Under the proposed action, all limited access mackerel vessels 
carrying an observer would be required to report all slippage events on 
the VMS mackerel and longfin squid daily catch report. This information 
collection is intended to improve monitoring the catch of river herring 
and shad in the Atlantic mackerel fishery. The burden estimates for 
these new requirements apply to all limited access mackerel vessels. In 
a given fishing year, NMFS estimates that these additionally reporting 
requirements will not cause any additional time or cost burden from 
that which was previously approved under OMB Control Number 0648-0679.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to the 
Regional Administrator (see ADDRESSES), and email to 
[email protected], or fax to (202) 395-5806.
    Notwithstanding any other provisions of the law, no person is 
required to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number. All currently approved NOAA collections of 
information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    This action contains no other compliance costs. It does not 
duplicate, overlap, or conflict with any other Federal law.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statues and Which 
Minimize Any Significant Economic Impact on Small Entities

    The proposed alternative should not have more than minimal impact 
on the affected small entities compared to recent operation of the 
fishery (2011-2013, and 2014 landings to date appear similar to 2013). 
First, the primary impact should only be that vessels will not slip 
catches before observers have a chance to observe/sample them, which 
should have almost no economic impact on vessels. Slippage for reasons 
besides safety, mechanical issues, and spiny dogfish are already 
prohibited, and this proposed action would require vessels to move 15 
nm before fishing again if a slippage for those excepted reasons occurs 
(vessels could not fish within 15 nm of the slippage event for the 
remainder of the trip). Total small entity mackerel revenues over 2011-
2013 averaged $2.0 million, for an average of approximately $19,000 per 
affected small entity (107), compared to their average revenues of 
$1,201,419 in 2013 as described above. Given the small relative value 
of mackerel for most affected entities, the infrequency of slippage, 
and given the consequence of excepted slippages is only to move 15 nm, 
it seems likely that the economic impacts should be minimal for 
affected small entities. This is especially true since only a small 
portion of trips are observed, and the measures only apply to observed 
trips.
    If slippages have been masking higher river herring and shad 
landings, it is possible that prohibiting slippages could lead to the 
mackerel fishery closing earlier (because of the river herring and shad 
cap) than it otherwise would if more slippages were occurring. However, 
given the very low mackerel catches in recent years (less than 20 
percent of the quota), it is more likely that catch increases might be 
limited rather than actually having decreased catches, so small 
entities should not be more than minimally impacted compared to recent 
fishery operations. In addition, if vessels are prohibited from 
targeting mackerel due to the cap, they will likely partially mitigate 
any foregone revenue by fishing for other species (e.g. squid, 
butterfish, herring, etc.).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 13, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended 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. In Sec.  648.11, paragraph (n)(3)(ii) is revised and paragraph 
(n)(3)(iii) is added to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (n) * * *
    (3) * * *
    (ii) If fish are released prior to being brought on board the 
vessel due to any of the exceptions in paragraphs (n)(3)(i)(A)-(C) of 
this section, the vessel operator must move at least 15 nm from the 
location of release before fishing again, and must stay at least 15 nm 
from the slippage event location for the remainder of the fishing trip. 
The vessel operator must also complete and sign a Released Catch 
Affidavit detailing the vessel name and permit number; the VTR serial 
number; where, when, and for what reason the catch was released; the 
estimated weight of each species brought on board (if only part of the 
tow was released) or released on that tow. A completed affidavit must 
be submitted to NMFS within 48 hr of the end of the trip. The vessel 
operator must also report a slippage event on the VMS

[[Page 28578]]

mackerel and longfin squid daily catch report.
    (iii) If fish are released prior to being brought on board the 
vessel due to any reason other than the exceptions in paragraphs 
(n)(3)(i)(A)-(C) of this section, the vessel operator must immediately 
terminate the trip and return to port. No fishing activity may occur 
during the return to port. The vessel operator must also complete and 
sign a Released Catch Affidavit detailing the vessel name and permit 
number; the VTR serial number; where, when, and for what reason the 
catch was released; the estimated weight of each species brought on 
board (if only part of the tow was released) or released on that tow. A 
completed affidavit must be submitted to NMFS within 48 hr of the end 
of the trip. The vessel operator must also report the slippage event on 
the VMS mackerel and longfin squid daily catch report.
* * * * *
0
3. In Sec.  648.14, paragraph (g)(2)(ii)(G) is added, paragraphs 
(g)(2)(vi) and (vii) are revised and paragraphs (g)(2)(viii), (ix), and 
(x) are added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) * * *
    (G) Fish for, possess, transfer, receive, or sell; or attempt to 
fish for, possess, transfer, receive, or sell; more than 20,000 lb 
(9.07 mt) of mackerel per trip; or land, or attempt to land more than 
20,000 lb (9.07 mt) of mackerel per day after 95 percent of the river 
herring and shad cap has been harvested, if the vessel holds a valid 
mackerel permit.
* * * * *
    (vi) Release fish from codend of the net, transfer fish to another 
vessel that is not carrying a NMFS-approved observer, or otherwise 
discard fish at sea before bringing the fish aboard and making it 
available to the observer for sampling, unless subject to one of the 
exceptions defined at Sec.  648.11(n)(3) if issued a Limited Access 
Atlantic mackerel permit, or a longfin squid/butterfish moratorium 
permit.
    (vii) Fail to move 15 nm, as specified at Sec.  648.11(n)(3)(ii).
    (viii) Fail to immediately return to port as specified at Sec.  
648.11(n)(3)(iii).
    (ix) Fail to complete, sign, and submit a Released Catch Affidavit 
if fish are released pursuant to the requirements at Sec.  
648.11(n)(3).
    (x) Fail to report a slippage event on the VMS mackerel and longfin 
squid daily catch report.
* * * * *
[FR Doc. 2015-12060 Filed 5-18-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules 28575

instructions for VMS installation and a SAC that proper transmissions are being the mobile communications service
list of the current type-approved VMS received from the VMS unit. provider as necessary to ensure the
units and mobile communication (4) Failure of VMS unit. If the VMS transmission of automatic position
service providers. unit has become inoperable or reports to NOAA as required in
(2) VMS Unit Activation. If the VMS transmission of automatic position paragraph (c) of this section. However,
unit has not yet been activated as reports from the VMS unit has been if NOAA is paying for the VMS-
described in this paragraph, or if the interrupted, or if notified by NOAA or associated costs because the VMS unit
VMS unit has been newly installed or the USCG that automatic position is carried and operated under a
reinstalled, or if the mobile reports are not being received from the requirement of 50 CFR 300.219, 50 CFR
communications service provider has VMS unit or that an inspection of the 660.712, or 50 CFR 665.19, the vessel
changed since the previous activation, VMS unit has revealed a problem with owner and operator shall not be
or if directed by the SAC, the vessel the performance of the VMS unit, the responsible to pay the costs.
owner or operator must, prior to leaving vessel owner or operator shall comply (e) Tampering. The vessel owner and
port: with the following requirements: operator must ensure that the VMS unit
(i) Turn on the VMS unit to make it (i) If the vessel is at port: The vessel is not tampered with, disabled,
operational; owner or operator shall repair or replace destroyed, damaged or maintained
(ii) Submit a written activation report the VMS unit and ensure it is operable improperly, and that its operation is not
to the SAC, via mail, facsimile or email, before the vessel leaves port. impeded or interfered with.
that includes the vessel’s name; the (ii) If the vessel is at sea: The vessel (f) Inspection. The vessel owner and
vessel’s official number; the VMS unit owner, operator, or designee shall operator must make the VMS unit,
manufacturer and identification contact the SAC by telephone, facsimile, including its antenna, connectors and
number; and telephone, facsimile or or email at the earliest opportunity antenna cable, available for inspection
email contact information for the vessel during the SAC’s business hours and by authorized officers.
owner or operator; and identify the caller and vessel. The vessel (g) Access to data. The vessel owner
(iii) Receive verbal or written operator shall follow the instructions and operator must make the vessel’s
confirmation from the SAC that the provided by the SAC which could
position data obtained from the VMS
proper VMS unit transmissions are include, but are not limited to, ceasing
unit or other means immediately and
being received from the VMS unit. fishing, stowing fishing gear, returning
always available for inspection by
(3) VMS Unit Operation. The vessel to port, and/or submitting periodic
NOAA personnel, USCG personnel, and
owner and operator shall continuously position reports at specified intervals by
authorized officers.
operate the VMS unit at all times, other means; and repair or replace the
except that the VMS unit may be shut VMS unit and ensure it is operable [FR Doc. 2015–11991 Filed 5–18–15; 8:45 am]
down while the vessel is in port or before starting the next trip. BILLING CODE 3510–22–P
otherwise not at sea, or if, after the end (5) Related VMS Requirements.
of the fishing season, the vessel will no Installing, carrying and operating a VMS
longer be engaging in fishing activities unit in compliance with the DEPARTMENT OF COMMERCE
in the Convention Area for which either requirements in 50 CFR 300.219, 50 CFR
660.712, 50 CFR 660.14, or 50 CFR National Oceanic and Atmospheric
a Pacific highly migratory species
665.19 relating to the installation, Administration
permit or a high seas fishing permit is
required, provided that the owner or carrying, and operation of VMS units
shall be deemed to satisfy the 50 CFR Part 648
operator:
(i) Prior to shutting down the VMS requirements of paragraph (c) of this [Docket No. 150401329–5437–01]
unit, reports to the SAC or the NOAA section, provided that the VMS unit is
RIN 0648–BF00
Office of Law Enforcement’s VMS operated continuously and at all times
Helpdesk via facsimile, email, or web- while the vessel is at sea, unless the Fisheries of the Northeastern United
form the following information: The SAC authorizes a VMS unit to be shut States; Atlantic Mackerel, Squid, and
intent to shut down the VMS unit; the down as described in paragraph (c)(3), Butterfish Fisheries; Framework
vessel’s name; the vessel’s official the VMS unit and mobile Adjustment 9
number; an estimate for when the communications service providers are
vessel’s VMS may be turned back on; type-approved by NOAA for fisheries in AGENCY: National Marine Fisheries
and telephone, facsimile or email IATTC Convention Area, the owner or Service (NMFS), National Oceanic and
contact information for the vessel owner operator has authorized NOAA to Atmospheric Administration (NOAA),
or operator. In addition, the vessel receive and relay transmissions from the Commerce.
owner or operator shall receive verbal or VMS unit, and the specific requirements ACTION: Proposed rule, request for
written confirmation from the SAC of paragraph (c)(4) of this section are comments.
before shutting down the VMS unit after followed. If the VMS unit is owned by
the end of the fishing season; and NOAA, the requirement under SUMMARY: Framework Adjustment 9
(ii) When turning the VMS unit back paragraph (c)(4) of this section to repair proposes management measures to
on, report to the SAC or the NOAA or replace the VMS unit will be the further enhance catch monitoring and
Office of Law Enforcement’s VMS responsibility of NOAA, but the vessel address discarding catch before it has
Helpdesk, via mail, facsimile or email, owner and operator shall be responsible been sampled by observers (known as
rljohnson on DSK3VPTVN1PROD with PROPOSALS

the following information: That the for ensuring that the VMS unit is slippage), in the Atlantic mackerel
VMS unit has been turned on; the operable before leaving port or starting fishery. Framework 9 would implement
vessel’s name; the vessel’s official the next trip. slippage consequence measures, and a
number; and telephone, facsimile or (d) Costs. The vessel owner and requirement that slippage events be
email contact information for the vessel operator shall be responsible for all reported via the vessel monitoring
owner or operator; and costs associated with the purchase, system. For allowable slippage events,
(iii) Prior to leaving port, receive installation and maintenance of the due to safety, mechanical failure, or
verbal or written confirmation from the VMS unit and for all charges levied by excess catch of spiny dogfish, vessels

VerDate Sep<11>2014 13:25 May 18, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\19MYP1.SGM 19MYP1

Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules 28577

Description and Estimate of the Number on these or any other aspects of the possible that prohibiting slippages
of Small Entities to Which This collection of information to the Regional could lead to the mackerel fishery
Proposed Rule Would Apply Administrator (see ADDRESSES), and closing earlier (because of the river
The proposed alternative applies to email to OIRA_Submission@ herring and shad cap) than it otherwise
mackerel limited access permits. Based omb.eop.gov, or fax to (202) 395–5806. would if more slippages were occurring.
Notwithstanding any other provisions However, given the very low mackerel
on permit data for 2013, 150 separate
of the law, no person is required to, nor catches in recent years (less than 20
vessels hold mackerel limited access
shall any person be subject to a penalty percent of the quota), it is more likely
permits, 114 entities own those vessels,
for failure to comply with, a collection that catch increases might be limited
and, based on current Small Business
of information subject to the rather than actually having decreased
Administration (SBA) definitions, 107
requirements of the PRA, unless that catches, so small entities should not be
of these are small entities. Of the 107
collection of information displays a more than minimally impacted
small entities, 4 had no revenue in 2013 currently valid OMB Control Number.
and those entities with no revenue are compared to recent fishery operations.
All currently approved NOAA In addition, if vessels are prohibited
considered small entities for the collections of information may be
purpose of this analysis. All of the from targeting mackerel due to the cap,
viewed at: http://www.cio.noaa.gov/ they will likely partially mitigate any
entities that had revenue fell into the services_programs/prasubs.html.
finfish or shellfish categories, and the foregone revenue by fishing for other
SBA definitions for those categories for Federal Rules Which May Duplicate, species (e.g. squid, butterfish, herring,
2014 are $20.5 million for finfish fishing Overlap, or Conflict With This Proposed etc.).
and $5.5 million for shellfish fishing. Of Rule List of Subjects in 50 CFR Part 648
the entities with revenues, their average This action contains no other Fisheries, Fishing, Recordkeeping and
revenues in 2013 were $1,201,419. 70 compliance costs. It does not duplicate, reporting requirements.
had primary revenues from finfish overlap, or conflict with any other
fishing and 33 had their primary Federal law. Dated: May 13, 2015.
revenues from shellfish fishing. Samuel D. Rauch III,
Description of Significant Alternatives Deputy Assistant Administrator for
Description of the Projected Reporting, to the Proposed Action Which Regulatory Programs, National Marine
Record-Keeping, and Other Compliance Accomplish the Stated Objectives of Fisheries Service.
Requirements of This Proposed Rule Applicable Statues and Which Minimize
For the reasons set out in the
The proposed action contains Any Significant Economic Impact on
preamble, 50 CFR part 648 is proposed
collection-of-information requirements Small Entities
to be amended as follows:
subject to review and approval by the The proposed alternative should not
Office of Management and Budget have more than minimal impact on the PART 648—FISHERIES OF THE
(OMB) under the Paperwork Reduction affected small entities compared to NORTHEASTERN UNITED STATES
Act (PRA). This requirement has been recent operation of the fishery (2011–
submitted to OMB for approval under 2013, and 2014 landings to date appear ■ 1. The authority citation for part 648
Control Number 0648–0679. similar to 2013). First, the primary continues to read as follows:
Under the proposed action, all limited impact should only be that vessels will Authority: 16 U.S.C. 1801 et seq.
access mackerel vessels carrying an not slip catches before observers have a ■ 2. In § 648.11, paragraph (n)(3)(ii) is
observer would be required to report all chance to observe/sample them, which revised and paragraph (n)(3)(iii) is
slippage events on the VMS mackerel should have almost no economic impact added to read as follows:
and longfin squid daily catch report. on vessels. Slippage for reasons besides
This information collection is intended safety, mechanical issues, and spiny § 648.11 At-sea sea sampler/observer
to improve monitoring the catch of river dogfish are already prohibited, and this coverage.
herring and shad in the Atlantic proposed action would require vessels * * * * *
mackerel fishery. The burden estimates to move 15 nm before fishing again if a (n) * * *
for these new requirements apply to all slippage for those excepted reasons (3) * * *
limited access mackerel vessels. In a occurs (vessels could not fish within 15 (ii) If fish are released prior to being
given fishing year, NMFS estimates that nm of the slippage event for the brought on board the vessel due to any
these additionally reporting remainder of the trip). Total small entity of the exceptions in paragraphs
requirements will not cause any mackerel revenues over 2011–2013 (n)(3)(i)(A)–(C) of this section, the vessel
additional time or cost burden from that averaged $2.0 million, for an average of operator must move at least 15 nm from
which was previously approved under approximately $19,000 per affected the location of release before fishing
OMB Control Number 0648–0679. small entity (107), compared to their again, and must stay at least 15 nm from
Public comment is sought regarding: average revenues of $1,201,419 in 2013 the slippage event location for the
Whether this proposed collection of as described above. Given the small remainder of the fishing trip. The vessel
information is necessary for the proper relative value of mackerel for most operator must also complete and sign a
performance of the functions of the affected entities, the infrequency of Released Catch Affidavit detailing the
agency, including whether the slippage, and given the consequence of vessel name and permit number; the
information shall have practical utility; excepted slippages is only to move 15 VTR serial number; where, when, and
rljohnson on DSK3VPTVN1PROD with PROPOSALS

the accuracy of the burden estimate; nm, it seems likely that the economic for what reason the catch was released;
ways to enhance the quality, utility, and impacts should be minimal for affected the estimated weight of each species
clarity of the information to be small entities. This is especially true brought on board (if only part of the tow
collected; and ways to minimize the since only a small portion of trips are was released) or released on that tow. A
burden of the collection of information, observed, and the measures only apply completed affidavit must be submitted
including through the use of automated to observed trips. to NMFS within 48 hr of the end of the
collection techniques or other forms of If slippages have been masking higher trip. The vessel operator must also
information technology. Send comments river herring and shad landings, it is report a slippage event on the VMS

VerDate Sep<11>2014 13:25 May 18, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\19MYP1.SGM 19MYP1

$28578 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules mackerel and longfin squid daily catch mackerel and longfin squid daily catch is not carrying a NMFS-approved report. report. observer, or otherwise discard fish at sea (iii) If fish are released prior to being * * * * * before bringing the fish aboard and brought on board the vessel due to any ■ 3. In § 648.14, paragraph (g)(2)(ii)(G) is making it available to the observer for reason other than the exceptions in added, paragraphs (g)(2)(vi) and (vii) are sampling, unless subject to one of the revised and paragraphs (g)(2)(viii), (ix), exceptions defined at § 648.11(n)(3) if paragraphs (n)(3)(i)(A)–(C) of this and (x) are added to read as follows: issued a Limited Access Atlantic section, the vessel operator must mackerel permit, or a longfin squid/ immediately terminate the trip and § 648.14 Prohibitions. butterfish moratorium permit. return to port. No fishing activity may * * * * * occur during the return to port. The (g) * * * (vii) Fail to move 15 nm, as specified vessel operator must also complete and (2) * * * at § 648.11(n)(3)(ii). sign a Released Catch Affidavit detailing (ii) * * * (viii) Fail to immediately return to the vessel name and permit number; the (G) Fish for, possess, transfer, receive, port as specified at § 648.11(n)(3)(iii). VTR serial number; where, when, and or sell; or attempt to fish for, possess, (ix) Fail to complete, sign, and submit for what reason the catch was released; transfer, receive, or sell; more than a Released Catch Affidavit if fish are the estimated weight of each species 20,000 lb (9.07 mt) of mackerel per trip; released pursuant to the requirements at brought on board (if only part of the tow or land, or attempt to land more than § 648.11(n)(3). 20,000 lb (9.07 mt) of mackerel per day was released) or released on that tow. A (x) Fail to report a slippage event on after 95 percent of the river herring and completed affidavit must be submitted the VMS mackerel and longfin squid shad cap has been harvested, if the to NMFS within 48 hr of the end of the daily catch report. vessel holds a valid mackerel permit. trip. The vessel operator must also * * * * * * * * * * report the slippage event on the VMS [FR Doc. 2015–12060 Filed 5–18–15; 8:45 am] (vi) Release fish from codend of the net, transfer fish to another vessel that BILLING CODE 3510–22–P rljohnson on DSK3VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 13:25 May 18, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 9990 E:\FR\FM\19MYP1.SGM 19MYP1$

Document Created: 2015-12-15 15:29:52
Document Modified: 2015-12-15 15:29:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule, request for comments.
Dates		Public comments must be received by June 18, 2015.
Contact		Carly Bari, Fishery Policy Analyst, (978) 281-9224, fax (978) 281-9135.
FR Citation		80 FR 28575
RIN Number		0648-BF00
CFR Associated		Fisheries; Fishing and Recordkeeping and Reporting Requirements

80 FR 28575 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 9

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 96 (May 19, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration