80_FR_31452 80 FR 31347 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Jonah Crab Fishery; Control Date for Jonah Crab Fishery

80 FR 31347 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Jonah Crab Fishery; Control Date for Jonah Crab Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 105 (June 2, 2015)

Page Range31347-31348
FR Document2015-13408

This notice announces a control date that may limit or restrict access into the Jonah crab fishery in Federal waters. This action is necessary to inform fishery participants that we are considering future action. We intend for this notice to promote awareness of possible future rulemaking, and discourage speculative entry into and/or investment in the Jonah crab fishery.

Federal Register, Volume 80 Issue 105 (Tuesday, June 2, 2015)
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31347-31348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13408]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150506428-5468-01]
RIN 0648-BF07


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Jonah Crab Fishery; Control Date for Jonah Crab Fishery

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: This notice announces a control date that may limit or 
restrict access into the Jonah crab fishery in Federal waters. This 
action is necessary to inform fishery participants that we are 
considering future action. We intend for this notice to promote 
awareness of possible future rulemaking, and discourage speculative 
entry into and/or investment in the Jonah crab fishery.

DATES: June 2, 2015 is established as the ``control date'' for the 
Jonah crab fishery, and may be used as a reference date for future 
management measures related to the Jonah crab fishery, consistent with 
applicable Federal laws and the Atlantic States Marine Fisheries 
Commission's recommendations. Written comments must be received on or 
before July 2, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0065 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0065, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Jonah crab Control Date.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered. We may not consider comments sent by any other method, to 
any other address or individual, or received after the end of the 
comment period. 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.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, 978-281-9122.

SUPPLEMENTARY INFORMATION: Jonah crab (Cancer borealis), also known 
locally as rock crab, is not currently managed under Federal 
regulations or a coastwide Interstate Fishery Management Plan. Some 
individual Atlantic states do have management measures or permit 
requirements for Jonah crab. In May 2014, the Atlantic States Marine 
Fisheries Commission's American Lobster Management Board initiated the 
development of an Interstate Fishery Management Plan for Jonah Crab, 
throughout the species range within United States waters. The Board's 
development of a formal management plan was based on its

[[Page 31348]]

concern about potential impacts to the Jonah crab resource with recent 
increases in landings. At its May 2015 meeting, the Board voted to 
approve a draft Jonah crab Interstate Fishery Management Plan for 
public comment. The draft Plan includes options for a limited access 
program for the fishery, such as an option that would limit Jonah crab 
fishing only to those fishermen who could document Jonah crab landings 
occurring before a certain date, known as a control date.
    Also during the May 2015 meeting, the Commission requested that we 
establish a control date for the Jonah crab fishery that may be used to 
affect future participation in the Jonah crab fishery in Federal 
waters. The control date communicates to fishermen that participation 
and landing history after the date of publication may not be treated 
the same as participation and landings history that occurred prior to 
the control date. New entrants into the Jonah crab fishery after the 
control date could potentially be restricted from harvesting Jonah crab 
depending on the management options ultimately chosen by the 
Commission.
    This notification establishes June 2, 2015 as a control date for 
potential use in determining historical or traditional participation 
for the Jonah crab fishery. Consideration of a control date does not 
commit us to develop any particular management program or criteria for 
participation in the fishery. We may choose a different control date; 
or may choose a management program that does not make use of such a 
date. We may also choose to take no further action to control entry or 
access to the Jonah crab fishery. Any action we take will be taken 
pursuant to the Atlantic Coastal Fisheries Cooperative Management Act, 
will be discussed at Commission and Board meetings, and will make have 
additional Federal rulemaking, including opportunity to comment.
    This notification gives the public notice that interested Jonah 
crab fishery participants should locate and preserve records that 
substantiate and verify their participation in the fishery. This 
notification and control date do not impose any legal obligations, 
requirements, or expectation.

    Authority:  16 U.S.C. 1801 et seq. and 16 U.S.C. 5101 et seq.

    Dated: May 28, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-13408 Filed 6-1-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                          Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules                                         31347

                                                operator’s name, signature, and                         baseline length overall of the transferor              fishery, and may be used as a reference
                                                operator’s permit number (if applicable).               vessel. For the purposes of this program,              date for future management measures
                                                *      *      *     *    *                              the baseline horsepower and length                     related to the Jonah crab fishery,
                                                   (f) * * *                                            overall are those associated with the                  consistent with applicable Federal laws
                                                   (2) * * *                                            permit as of January 29, 2004. Upon                    and the Atlantic States Marine Fisheries
                                                   (i) For any vessel not issued a NE                   approval of the transfer, the baseline of              Commission’s recommendations.
                                                multispecies; Atlantic herring permit; or               the transferee vessel would be the                     Written comments must be received on
                                                any Atlantic mackerel, longfin squid,                   smaller baseline of the two vessels or                 or before July 2, 2015.
                                                Illex squid, or butterfish permit; fishing              the vessel owner could choose to adopt                 ADDRESSES: You may submit comments
                                                vessel log reports, required by paragraph               the larger baseline of the two vessels                 on this document, identified by NOAA–
                                                (b)(1)(i) of this section, must be                      provided such an upgrade is consistent                 NMFS–2015–0065 by any of the
                                                postmarked or received by NMFS                          with provisions of this paragraph                      following methods:
                                                within 15 days after the end of the                     (l)(1)(ii). A vessel that has executed a                  D Electronic Submission: Submit all
                                                reporting month. For any vessel issued                  one-time downgrade of a DAS Leasing                    electronic public comments via the
                                                a NE multispecies permit; Atlantic                      Program baseline in accordance with                    Federal e-Rulemaking Portal. Go to
                                                herring permit; or any Atlantic                         paragraph (k)(4)(xi) is subject to the                 www.regulations.gov/
                                                mackerel, longfin squid, Illex squid, or                restrictions of paragraph (k)(4)(xi)(C) of             #!docketDetail;D=NOAA-NMFS-2015-
                                                butterfish permit; fishing vessel log                   this section.                                          0065, click the ‘‘Comment Now!’’ icon,
                                                reports must be postmarked or received                     (iii) The transferor vessel must                    complete the required fields, and enter
                                                by midnight of the first Tuesday                        transfer all of its Federal limited access             or attach your comments.
                                                following the end of the reporting week.                permits for which it is eligible to the                   D Mail: Submit written comments to
                                                For the purposes of this paragraph                      transferee vessel in accordance with the               John K. Bullard, Regional
                                                (f)(2)(i), the date when fish are offloaded             vessel replacement restrictions under                  Administrator, National Marine
                                                will establish the reporting week or                    § 648.4, or permanently cancel such                    Fisheries Service, 55 Great Republic
                                                month the VTR must be submitted to                      permits. When duplicate permits exist,                 Drive, Gloucester, MA 01930. Mark the
                                                NMFS, as appropriate.                                   i.e., those permits for which both the                 outside of the envelope, ‘‘Comments on
                                                                                                        transferor and transferee vessel are                   Jonah crab Control Date.’’
                                                *      *      *     *    *                                                                                        Instructions: Comments must be
                                                ■ 5. In § 648.14, revise paragraphs (b)(4)
                                                                                                        eligible, one of the duplicate permits
                                                                                                        must be permanently cancelled.                         submitted by one of the above methods
                                                and (k)(2)(i) to read as follows:                                                                              to ensure that the comments are
                                                                                                        *       *     *    *      *
                                                § 648.14   Prohibitions.                                [FR Doc. 2015–13349 Filed 6–1–15; 8:45 am]             received, documented, and considered.
                                                *      *     *      *      *                            BILLING CODE 3510–22–P
                                                                                                                                                               We may not consider comments sent by
                                                   (b) * * *                                                                                                   any other method, to any other address
                                                   (4) Fish for, possess, or land species                                                                      or individual, or received after the end
                                                regulated under this part with or from                  DEPARTMENT OF COMMERCE                                 of the comment period. All comments
                                                a vessel that is issued a limited access                                                                       received are a part of the public record
                                                or moratorium permit under § 648.4(a)                   National Oceanic and Atmospheric                       and will generally be posted for public
                                                and that has had the horsepower or                      Administration                                         viewing on www.regulations.gov
                                                length overall of such vessel or its                                                                           without change. All personal identifying
                                                replacement upgraded or increased in                    50 CFR Part 648                                        information (e.g., name, address, etc.)
                                                excess of the limitations specified in                                                                         submitted voluntarily by the sender will
                                                                                                        [Docket No. 150506428–5468–01]
                                                § 648.4(a)(1)(i)(E) and (F).                                                                                   be publicly accessible. Do not submit
                                                                                                        RIN 0648–BF07                                          confidential business information, or
                                                *      *     *      *      *                                                                                   otherwise sensitive or protected
                                                   (k) * * *                                            Atlantic Coastal Fisheries Cooperative                 information. We will accept anonymous
                                                   (2) * * *                                            Management Act Provisions; Jonah                       comments (enter ‘‘N/A’’ in the required
                                                   (i) Fish for, possess, or land NE                    Crab Fishery; Control Date for Jonah                   fields if you wish to remain
                                                multispecies with or from a vessel that                 Crab Fishery                                           anonymous).
                                                has had the length overall of such
                                                vessel, or its replacement, increased or                AGENCY:  National Marine Fisheries                     FOR FURTHER INFORMATION CONTACT:
                                                upgraded in excess of limitations                       Service (NMFS), National Oceanic and                   Allison Murphy, Fishery Policy Analyst,
                                                specified in § 648.4(a)(1)(i)(E) and (F).               Atmospheric Administration (NOAA),                     978–281–9122.
                                                *      *     *      *      *                            Commerce.                                              SUPPLEMENTARY INFORMATION: Jonah crab
                                                ■ 6. In § 648.82, revise paragraphs                     ACTION: Advance notice of proposed                     (Cancer borealis), also known locally as
                                                (l)(1)(ii) and (l)(1)(iii) to read as follows:          rulemaking (ANPR); request for                         rock crab, is not currently managed
                                                                                                        comments.                                              under Federal regulations or a
                                                § 648. 82 Effort-control program for NE                                                                        coastwide Interstate Fishery
                                                multispecies limited access vessels.                    SUMMARY:   This notice announces a                     Management Plan. Some individual
                                                   (l) * * *                                            control date that may limit or restrict                Atlantic states do have management
                                                   (1) * * *                                            access into the Jonah crab fishery in                  measures or permit requirements for
                                                   (ii) NE multispecies DAS may be                      Federal waters. This action is necessary               Jonah crab. In May 2014, the Atlantic
                                                                                                        to inform fishery participants that we
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                transferred only to a vessel with a                                                                            States Marine Fisheries Commission’s
                                                baseline main engine horsepower rating                  are considering future action. We intend               American Lobster Management Board
                                                that is no more than 20 percent greater                 for this notice to promote awareness of                initiated the development of an
                                                than the baseline engine horsepower of                  possible future rulemaking, and                        Interstate Fishery Management Plan for
                                                the transferor vessel. NE multispecies                  discourage speculative entry into and/or               Jonah Crab, throughout the species
                                                DAS may be transferred only to a vessel                 investment in the Jonah crab fishery.                  range within United States waters. The
                                                with a baseline length overall that is no               DATES: June 2, 2015 is established as the              Board’s development of a formal
                                                more than 10 percent greater than the                   ‘‘control date’’ for the Jonah crab                    management plan was based on its


                                           VerDate Sep<11>2014   16:57 Jun 01, 2015   Jkt 235001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\02JNP1.SGM   02JNP1


                                                31348                     Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules

                                                concern about potential impacts to the                  landings history that occurred prior to                will be discussed at Commission and
                                                Jonah crab resource with recent                         the control date. New entrants into the                Board meetings, and will make have
                                                increases in landings. At its May 2015                  Jonah crab fishery after the control date              additional Federal rulemaking,
                                                meeting, the Board voted to approve a                   could potentially be restricted from                   including opportunity to comment.
                                                draft Jonah crab Interstate Fishery                     harvesting Jonah crab depending on the                   This notification gives the public
                                                Management Plan for public comment.                     management options ultimately chosen                   notice that interested Jonah crab fishery
                                                The draft Plan includes options for a                   by the Commission.
                                                                                                           This notification establishes June 2,               participants should locate and preserve
                                                limited access program for the fishery,
                                                                                                        2015 as a control date for potential use               records that substantiate and verify their
                                                such as an option that would limit
                                                                                                        in determining historical or traditional               participation in the fishery. This
                                                Jonah crab fishing only to those
                                                fishermen who could document Jonah                      participation for the Jonah crab fishery.              notification and control date do not
                                                crab landings occurring before a certain                Consideration of a control date does not               impose any legal obligations,
                                                date, known as a control date.                          commit us to develop any particular                    requirements, or expectation.
                                                   Also during the May 2015 meeting,                    management program or criteria for                       Authority: 16 U.S.C. 1801 et seq. and 16
                                                the Commission requested that we                        participation in the fishery. We may                   U.S.C. 5101 et seq.
                                                establish a control date for the Jonah                  choose a different control date; or may
                                                                                                                                                                 Dated: May 28, 2015.
                                                crab fishery that may be used to affect                 choose a management program that does
                                                future participation in the Jonah crab                  not make use of such a date. We may                    Samuel D. Rauch III,
                                                fishery in Federal waters. The control                  also choose to take no further action to               Deputy Assistant Administrator for
                                                date communicates to fishermen that                     control entry or access to the Jonah crab              Regulatory Programs, National Marine
                                                participation and landing history after                 fishery. Any action we take will be                    Fisheries Service.
                                                the date of publication may not be                      taken pursuant to the Atlantic Coastal                 [FR Doc. 2015–13408 Filed 6–1–15; 8:45 am]
                                                treated the same as participation and                   Fisheries Cooperative Management Act,                  BILLING CODE 3510–22–P
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                           VerDate Sep<11>2014   16:57 Jun 01, 2015   Jkt 235001   PO 00000   Frm 00025   Fmt 4702   Sfmt 9990   E:\FR\FM\02JNP1.SGM   02JNP1



Document Created: 2015-12-15 15:12:24
Document Modified: 2015-12-15 15:12:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPR); request for comments.
DatesJune 2, 2015 is established as the ``control date'' for the Jonah crab fishery, and may be used as a reference date for future management measures related to the Jonah crab fishery, consistent with applicable Federal laws and the Atlantic States Marine Fisheries Commission's recommendations. Written comments must be received on or before July 2, 2015.
ContactAllison Murphy, Fishery Policy Analyst, 978-281-9122.
FR Citation80 FR 31347 
RIN Number0648-BF07

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