80_FR_48399 80 FR 48244 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 9

80 FR 48244 - 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 155 (August 12, 2015)

Page Range48244-48248
FR Document2015-19823

NMFS is implementing regulations consistent with Framework Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This action will 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 implements 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 (27.8 km) 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, and these measures are designed to address this issue.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48244-48248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 150401329-5659-02]
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: Final rule.

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

SUMMARY: NMFS is implementing regulations consistent with Framework 
Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery 
Management Plan. This action will 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 implements 
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 (27.8 km) 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, and these measures are designed to address this issue.

DATES: Effective September 11, 2015.

ADDRESSES: Copies of the framework document, 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 framework document is also accessible via 
the Internet at: http://www.greateratlantic.fisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS, Greater Atlantic Regional 
Fisheries Office and by email to [email protected], or fax to 
(202) 395-7285.

[[Page 48245]]


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

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, through Amendment 14 regulations, 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, through this 
final rule, adds slippage consequence measures and slippage reporting 
requirements to build upon the current measures and to address 
monitoring the catch of river herring and shad. On May 19, 2015, NMFS 
published a proposed rule for Framework 9 management measures (80 FR 
28575); the public comment period for the proposed rule ended on June 
18, 2015.

Final Action

    Framework 9 requires Tier 1, 2, and 3 mackerel vessels on observed 
trips to move 15 nm (27.8 km) following an excepted slippage event, 
which includes safety, mechanical failure, or excess catch of spiny 
dogfish. These vessels are also 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 are required to report slippage events through the vessel 
monitoring system daily catch report for mackerel and longfin squid.

Comments and Responses

    NMFS received three comments in response to the proposed rule for 
this action. Two were from industry groups, including Garden State 
Seafood Association (GSSA) (a New Jersey fishing industry advocacy 
group), and Seafreeze (a Rhode Island fishing company and seafood 
dealer). One comment was from the Herring Alliance, an environmental 
advocacy group.
    Comment 1: GSSA and Seafreeze both commented in opposition to the 
15-nm (27.8-km) move along provision for allowable slippage events. 
Both commenters suggested that this provision causes significant safety 
and economic implications and are not known to have a positive impact 
on the river herring resource. Seafreeze noted that the 15-nm (27.8-km) 
move along provision causes economic hardship because the vessel may 
have to move away from the targeted resource and lose the opportunity 
to harvest fish.
    Response: Due to low observer coverage in this fishery and the low 
rate of slippage events, very few trips would likely be impacted by 
this slippage consequence and therefore the economic impact of this 
provision would be minimal. Additionally, NMFS does not expect that 
moving 15 nm (27.8 km) following an allowable slippage event will by 
itself cause any safety concerns. If the net is slipped due to the 
safety of the crew, then the vessel would likely be going back to port 
or to another area to avoid the safety issue. The intent of the 
slippage consequence measures are to discourage slippage events in 
order to allow catch to be fully accounted for by observers, which will 
provide better information on river herring and shad.
    Comment 2: The Herring Alliance commented in support of all the 
proposed management measures but noted that these measures would be 
more effective if there is an increase in observer coverage in the 
Atlantic mackerel fishery.
    Response: NMFS will be implementing the Framework as proposed. NMFS 
and the Councils are currently developing additional measures to 
increase observer coverage in the Atlantic mackerel fishery.

Changes From the Proposed Rule

    This final rule contains an additional change that would reinstate 
regulations that were inadvertently removed. This reinstated 
regulation, at Sec.  648.24(b)(6), describes the river herring and shad 
catch cap in the Atlantic mackerel fishery. This change in the 
regulations was identified, described, and made available for public 
comment in the proposed rule for the 2014 Atlantic mackerel, squid, and 
butterfish specifications (79 FR 1813, January 10, 2014). The fishery 
is already operating under the river herring and shad cap, this rule is 
simply reinstating this regulatory text.
    This final rule also contains additional regulation changes that 
were mistakenly omitted in the 2015-2017 Atlantic mackerel, squid, and 
butterfish specifications final rule (80 FR 14870, March 20, 2015). One 
regulation change, in Sec.  648.14(g)(2)(ii)(G), would prohibit all 
vessels with a valid mackerel permit from fishing for, possessing, 
transferring, receiving, or selling more than 20,000 lb (9.08 mt) of 
mackerel per trip or per day after 95 percent of the river herring and 
shad catch cap has been harvested. Another regulation change, in 
Sec. Sec.  648.22(b)(3)(v)-(vii) and 648.24(c)(1), would eliminate the 
three-phased butterfish management season. These measures were 
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).
    This final rule also contains changes to the wording and format of 
the regulatory text for the measures included in Framework 9. This 
includes revising the definition of ``Slippage in the Atlantic mackerel 
and longfin squid fisheries'' in Sec.  648.2, as well as wording and 
format changes made to Sec. Sec.  648.11(n)(3) and 648.14(g)(2)(vi)-(x) 
to make consistent with proposed regulations for Framework Adjustment 4 
to the Atlantic Herring FMP which includes similar management measures 
to this action. All of these changes are intended to clarify the 
purpose of these measures and ensure compliance.

[[Page 48246]]

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator (AA) has determined that this framework 
adjustment is consistent with the Atlantic Mackerel, Squid, and 
Butterfish FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law.
    The Council prepared an EA for Framework 9, and the AA concluded 
that there will be no significant impact on the human environment as a 
result of this rule. A copy of the EA is available upon request (see 
ADDRESSES).
    This final rule is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    This action contains collection-of-information requirements subject 
to the paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0679. Framework 9 requires all limited access 
mackerel vessels carrying an observer 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. 
Time and cost burdens that were previously approved through Amendment 
14 and OMB Control Number 0648-0679, include estimated time of 5 
minutes to complete daily catch reports, for a total time burden of 264 
hours. In a given fishing year, NMFS estimates that the additional 
reporting requirements included in Framework 9 will not cause any 
additional time or cost burden from that which was previously approved. 
Send comments regarding these burden estimates or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS (see ADDRESSES) and by email to [email protected], or 
fax to (202) 395-7285.
    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.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act, 
has prepared a FRFA, included in the preamble of this final rule, in 
support of the management measures in this action. The FRFA describes 
the economic impact that this final rule, along with other non-
preferred alternatives, will have on small entities.
    The FRFA incorporates the economic impacts and analysis summaries 
in the IRFA, a summary of the significant issues raised by the public 
in response to the IRFA, and NMFS's responses to those comments. A copy 
of the IRFA, RIR, and the EA are available upon request (see 
ADDRESSES).

A Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA, a Summary of the Assessment of the Agency of Such 
Issues, and a Statement of Any Changes Made in the Final Rule as a 
Result of Such Comments

    Two of the public comments raised general concerns on the economic 
impact of the rule on affected entities, but did not quantify those 
concerns or relate these issues to the IRFA. Those comments, and NMFS's 
responses, are contained elsewhere in this preamble and are not 
repeated here. No changes were made in the final rule as a result of 
these comments.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    This rule applies to Atlantic 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 Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This final rule contains collection-of-information requirements 
subject to the PRA that have been approved by the OMB under Control 
Number 0648-0679.
    Framework 9 requires all limited access mackerel vessels carrying 
an observer 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. Time and 
cost burdens that were previously approved through Amendment 14 and OMB 
Control Number 0648-0679, include estimated time of 5 minutes to 
complete daily catch reports, for a total time burden of 264 hours, and 
estimated cost of $0.60 per transmission of daily catch reports, for a 
total public cost of $1,901. In a given fishing year, NMFS estimates 
that the additional reporting requirements included in Framework 9 will 
not cause any additional time or cost burden from that which was 
previously approved.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impacts on Small Entities Consistent With the 
Stated Objectives of Applicable Statues

    This action is not expected to 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 (27.8 km) 
before fishing again if a slippage for those excepted reasons occurs 
(vessels could not fish within 15 nm (27.8 km) 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 (27.8 km), 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

[[Page 48247]]

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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 6, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 648 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENT UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, amend the table in paragraph (b), under the entry 
for ``50 CFR'' by revising the entry for ``Sec.  648.11'' to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Current OMB  Control No.
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
648.11....................................  -0202, -0546, -0555, and -
                                             0679
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
3. The authority citation for part 648 continues to read as follows:

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


0
4. In Sec.  648.2, the definition for ``Slippage in the Atlantic 
mackerel and longfin squid fisheries'' is removed and a definition for 
``Slip(s) or slipping catch in the Atlantic mackerel and longfin squid 
fisheries'' is added in alphabetical order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Slip(s) or slipping catch in the Atlantic mackerel and longfin 
squid fisheries means discarding catch from a vessel issued an Atlantic 
mackerel or longfin squid permit that is carrying a NMFS-approved 
observer prior to the catch being brought on board or prior to the 
catch being made available for sampling and inspection by a NMFS-
approved observer after the catch in onboard. Slip(s) or slipping catch 
includes releasing fish from a codend or seine prior to the completion 
of pumping the fish on board and the release of fish from a codend or 
seine while the codend or seine is in the water. Slippage or slipped 
catch refers to fish that are slipped. Slippage or slipped catch does 
not include operational discards, discards that occur after the catch 
is brought on board and made available for sampling and inspection by a 
NMFS-approved observer, or fish that inadvertently fall out of or off 
fishing gear as gear is being brought on board the vessel.
* * * * *

0
5. In Sec.  648.11, paragraphs (n)(3)(i) introductory text, 
(n)(3)(i)(B), and (n)(3)(ii) are revised and paragraphs (n)(3)(iii) and 
(iv) are added to read as follows:


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

* * * * *
    (n) * * *
    (3) * * *
    (i) No vessel issued a limited access Atlantic mackerel permit or a 
longfin squid/butterfish moratorium permit may slip catch, as defined 
at Sec.  648.2, except in the following circumstances:
* * * * *
    (B) A mechanical failure, including gear damage, precludes bringing 
some or all of the catch on board the vessel for sampling and 
inspection; or
* * * * *
    (ii) If a vessel issued any limited access Atlantic mackerel permit 
slips catch, the vessel operator must report the slippage event on the 
Atlantic mackerel and longfin squid daily VMS catch report and indicate 
the reason for slipping catch. Additionally, vessels issued a limited 
Atlantic mackerel permit or a longfin squid/butterfish moratorium 
permit, the vessel operator must complete and sign a Released Catch 
Affidavit detailing: The vessel name and permit number; the VTR serial 
number; where, when, and the reason for slipping catch; the estimated 
weight of each species brought on board or slipped on that tow. A 
completed affidavit must be submitted to NMFS within 48 hr of the end 
of the trip.
    (iii) If a vessel issued a limited access Atlantic mackerel permit 
slips catch for any of the reasons described in paragraph (n)(3)(i) of 
this section, the vessel operator must move at least 15 nm (27.8 km) 
from the location of the slippage event before deploying any gear 
again, and must stay at least 15 nm (27.8 km) from the slippage event 
location for the remainder of the fishing trip.
    (iv) If catch is slipped by a vessel issued a limited access 
Atlantic mackerel permit for any reason not described in paragraph 
(n)(3)(i) 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.

0
6. 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 
(9.08 mt) of mackerel per trip; or land, or attempt to land more than 
20,000 lb (9.08 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) Slip catch, as defined at Sec.  648.2, unless for one of the 
reasons specified

[[Page 48248]]

at Sec.  648.11(n)(3)(i) if issued a limited access Atlantic mackerel 
permit, or a longfin squid/butterfish moratorium permit.
    (vii) For vessels with a limited access Atlantic mackerel permits, 
fail to move 15 nm (27.8 km), as required by Sec.  648.11(n)(3)(iii).
    (viii) For vessels with a limited access Atlantic mackerel permit, 
fail to immediately return to port as required by Sec.  
648.11(n)(3)(iv).
    (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)(ii).
    (x) Fail to report or fail to accurately report a slippage event on 
the VMS mackerel and longfin squid daily catch report, as required by 
Sec.  648.11(n)(3)(ii).
* * * * *

0
7. In Sec.  648.22, paragraphs (b)(3)(v) through (vii) are revised and 
(b)(3)(viii) is removed.
    The revisions read as follows:


Sec.  648.22  Atlantic mackerel, squid, and butterfish specifications.

* * * * *
    (b) * * *
    (3) * * *
    (v) The butterfish mortality cap will be based on a portion of the 
ACT (set annually during specifications) and the specified cap amount 
will be allocated to the longfin squid fishery as follows: Trimester 
I--43 percent; Trimester II--17 percent; and Trimester III--40 percent.
    (vi) Any underages of the cap for Trimester I that are greater than 
25 percent of the Trimester I cap will be reallocated to Trimester II 
and III (split equally between both trimesters) of the same year. The 
reallocation of the cap from Trimester I to Trimester II is limited, 
such that the Trimester II cap may only be increased by 50 percent; the 
remaining portion of the underage will be reallocated to Trimester III. 
Any underages of the cap for Trimester I that are less than 25 percent 
of the Trimester I quota will be applied to Trimester III of the same 
year. Any overages of the cap for Trimester I and II will be subtracted 
from Trimester III of the same year.
    (vii) Performance review. The Squid, Mackerel, and Butterfish 
Committee shall conduct a detailed review of fishery performance 
relative to the butterfish ACL in conjunction with review for the 
mackerel fishery, as outlined in this section.
* * * * *

0
8. In Sec.  648.24, paragraph (b)(6) is added and paragraphs (c)(1)(i) 
through (iii) are removed.
    The revisions read as follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (6) River herring and shad catch cap. The river herring and shad 
cap on the mackerel fishery applies to all trips that land more than 
20,000 lb (9.08 mt) of mackerel. NMFS shall close the directed mackerel 
fishery in the EEZ when the Regional Administrator project that 95 
percent of the river herring/shad catch cap has been harvested. 
Following closures of the directed mackerel fishery, vessels must 
adhere to the possession restrictions specified in Sec.  648.26.
* * * * *
[FR Doc. 2015-19823 Filed 8-11-15; 8:45 am]
BILLING CODE 3510-22-P



                                                48244            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations




                                                   Issued in Kansas City, Missouri on August            Atmospheric Administration (NOAA),                    or extrapolations of incidental catch,
                                                3, 2015.                                                Commerce.                                             including river herring and shad, and
                                                Earl Lawrence,                                                                                                these measures are designed to address
                                                                                                        ACTION:   Final rule.
                                                Small Airplane Directorate, Aircraft                                                                          this issue.
                                                Certification Service.
                                                                                                        SUMMARY:   NMFS is implementing                       DATES:   Effective September 11, 2015.
                                                [FR Doc. 2015–19835 Filed 8–11–15; 8:45 am]
                                                                                                        regulations consistent with Framework
                                                BILLING CODE 4910–13–P
                                                                                                        Adjustment 9 to the Atlantic Mackerel,                ADDRESSES:   Copies of the framework
                                                                                                        Squid, and Butterfish Fishery                         document, including the Environmental
                                                                                                        Management Plan. This action will                     Assessment (EA) and Regulatory Impact
                                                DEPARTMENT OF COMMERCE                                  further enhance catch monitoring and                  Review (RIR)/Initial Regulatory
                                                                                                        address discarding catch before it has                Flexibility Analysis (IRFA), are
                                                National Oceanic and Atmospheric                        been sampled by observers (known as                   available from: Dr. Christopher M.
                                                Administration                                          slippage) in the Atlantic mackerel                    Moore, Executive Director, Mid-Atlantic
                                                                                                        fishery. Framework 9 implements                       Fishery Management Council, 800 North
                                                15 CFR Part 902                                         slippage consequence measures, and a                  State Street, Suite 201, Dover, DE 19901,
                                                                                                        requirement that slippage events be                   telephone (302) 674–2331. The
                                                50 CFR Part 648                                         reported via the vessel monitoring                    framework document is also accessible
                                                [Docket No. 150401329–5659–02]                          system. For allowable slippage events,                via the Internet at: http://
                                                                                                        due to safety, mechanical failure, or                 www.greateratlantic.fisheries.noaa.gov.
                                                RIN 0648–BF00                                           excess catch of spiny dogfish, vessels                   Written comments regarding the
mstockstill on DSK4VPTVN1PROD with RULES




                                                Fisheries of the Northeastern United                    must move 15 nm (27.8 km) from the                    burden-hour estimates or other aspects
                                                States; Atlantic Mackerel, Squid, and                   location of the slippage event. For non-              of the collection-of-information
                                                Butterfish Fisheries; Framework                         allowable slippage events, due to                     requirements contained in this final rule
                                                Adjustment 9                                            reasons other than those listed                       may be submitted to NMFS, Greater
                                                                                                        previously, vessels must terminate their              Atlantic Regional Fisheries Office and
                                                AGENCY:  National Marine Fisheries                      fishing trip. Slippage events have the                by email to OIRA_Submission@
                                                                                                                                                                                                          ER12AU15.000</GPH>




                                                Service (NMFS), National Oceanic and                    potential to substantially affect analysis            omb.eop.gov, or fax to (202) 395–7285.


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                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                       48245

                                                FOR FURTHER INFORMATION CONTACT:                        Final Action                                          noted that these measures would be
                                                Carly Bari, Fishery Policy Analyst, (978)                 Framework 9 requires Tier 1, 2, and                 more effective if there is an increase in
                                                281–9224.                                               3 mackerel vessels on observed trips to               observer coverage in the Atlantic
                                                                                                        move 15 nm (27.8 km) following an                     mackerel fishery.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        excepted slippage event, which includes                 Response: NMFS will be
                                                Background                                              safety, mechanical failure, or excess                 implementing the Framework as
                                                                                                        catch of spiny dogfish. These vessels are             proposed. NMFS and the Councils are
                                                   NMFS implemented measures to                                                                               currently developing additional
                                                                                                        also required to terminate a fishing trip
                                                improve catch monitoring of the                                                                               measures to increase observer coverage
                                                                                                        and immediately return to port
                                                mackerel, squid, and butterfish fisheries                                                                     in the Atlantic mackerel fishery.
                                                                                                        following a non-excepted slippage
                                                through Amendment 14 to the Atlantic                    event, which would be due to any
                                                Mackerel, Squid, and Butterfish Fishery                                                                       Changes From the Proposed Rule
                                                                                                        reason other than those listed above. In
                                                Management Plan (FMP) (79 FR 10029,                     addition to submitting a Released Catch
                                                February 24, 2014). The focus of                                                                                 This final rule contains an additional
                                                                                                        Affidavit, vessels carrying an observer               change that would reinstate regulations
                                                Amendment 14 was to improve                             are required to report slippage events                that were inadvertently removed. This
                                                evaluation of the incidental catch of                   through the vessel monitoring system                  reinstated regulation, at § 648.24(b)(6),
                                                river herring (alewife and blueback                     daily catch report for mackerel and                   describes the river herring and shad
                                                herring) and shad (American shad and                    longfin squid.                                        catch cap in the Atlantic mackerel
                                                hickory shad), and to address incidental
                                                                                                        Comments and Responses                                fishery. This change in the regulations
                                                catch of river herring and shad. NMFS                                                                         was identified, described, and made
                                                disapproved three measures that were                       NMFS received three comments in                    available for public comment in the
                                                initially included in Amendment 14                      response to the proposed rule for this                proposed rule for the 2014 Atlantic
                                                including: A dealer reporting                           action. Two were from industry groups,                mackerel, squid, and butterfish
                                                requirement; a cap that, if achieved,                   including Garden State Seafood                        specifications (79 FR 1813, January 10,
                                                would require vessels discarding catch                  Association (GSSA) (a New Jersey                      2014). The fishery is already operating
                                                before it had been sampled by observers                 fishing industry advocacy group), and                 under the river herring and shad cap,
                                                (known as slippage) to return to port;                  Seafreeze (a Rhode Island fishing                     this rule is simply reinstating this
                                                and a recommendation of 100-percent                     company and seafood dealer). One                      regulatory text.
                                                observer coverage on midwater trawl                     comment was from the Herring
                                                vessels and 100-, 50-, and 25-percent                   Alliance, an environmental advocacy                      This final rule also contains
                                                                                                        group.                                                additional regulation changes that were
                                                observer coverage on bottom trawl
                                                                                                           Comment 1: GSSA and Seafreeze both                 mistakenly omitted in the 2015–2017
                                                mackerel vessels, with the industry
                                                                                                        commented in opposition to the 15-nm                  Atlantic mackerel, squid, and butterfish
                                                contributing $325 per day toward
                                                                                                        (27.8-km) move along provision for                    specifications final rule (80 FR 14870,
                                                observer costs.
                                                                                                        allowable slippage events. Both                       March 20, 2015). One regulation change,
                                                   Currently, through Amendment 14                                                                            in § 648.14(g)(2)(ii)(G), would prohibit
                                                                                                        commenters suggested that this
                                                regulations, slippage events are                                                                              all vessels with a valid mackerel permit
                                                                                                        provision causes significant safety and
                                                prohibited for vessels issued a limited                                                                       from fishing for, possessing,
                                                                                                        economic implications and are not
                                                access mackerel permit or a longfin                                                                           transferring, receiving, or selling more
                                                                                                        known to have a positive impact on the
                                                squid/butterfish moratorium permit and                  river herring resource. Seafreeze noted               than 20,000 lb (9.08 mt) of mackerel per
                                                carrying a NMFS-approved observer                       that the 15-nm (27.8-km) move along                   trip or per day after 95 percent of the
                                                except in circumstances which allow                     provision causes economic hardship                    river herring and shad catch cap has
                                                slippage events including: Safety;                      because the vessel may have to move                   been harvested. Another regulation
                                                mechanical failure; and excess catch of                 away from the targeted resource and                   change, in §§ 648.22(b)(3)(v)–(vii) and
                                                spiny dogfish. Additionally, following a                lose the opportunity to harvest fish.                 648.24(c)(1), would eliminate the three-
                                                slippage event, vessels are currently                      Response: Due to low observer                      phased butterfish management season.
                                                required to submit a Released Catch                     coverage in this fishery and the low rate             These measures were identified,
                                                Affidavit within 48 hours of the end of                 of slippage events, very few trips would              described, and made available for public
                                                the fishing trip. In response to the                    likely be impacted by this slippage                   comment in the proposed rule for the
                                                disapproval of the slippage measures in                 consequence and therefore the                         2015–2017 Atlantic mackerel, squid,
                                                Amendment 14, the Mid-Atlantic                          economic impact of this provision                     and butterfish specifications (79 FR
                                                Fishery Management Council developed                    would be minimal. Additionally, NMFS                  68202, November 14, 2014).
                                                Framework Adjustment 9 to the Atlantic                  does not expect that moving 15 nm (27.8                  This final rule also contains changes
                                                Mackerel, Squid, and Butterfish FMP to                  km) following an allowable slippage                   to the wording and format of the
                                                further enhance catch monitoring and to                 event will by itself cause any safety                 regulatory text for the measures
                                                address slippage in the Atlantic                        concerns. If the net is slipped due to the            included in Framework 9. This includes
                                                mackerel fishery. Framework 9, through                  safety of the crew, then the vessel would             revising the definition of ‘‘Slippage in
                                                this final rule, adds slippage                          likely be going back to port or to another            the Atlantic mackerel and longfin squid
                                                consequence measures and slippage                       area to avoid the safety issue. The intent            fisheries’’ in § 648.2, as well as wording
                                                reporting requirements to build upon                    of the slippage consequence measures                  and format changes made to
                                                the current measures and to address                     are to discourage slippage events in                  §§ 648.11(n)(3) and 648.14(g)(2)(vi)–(x)
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                                                monitoring the catch of river herring                   order to allow catch to be fully                      to make consistent with proposed
                                                and shad. On May 19, 2015, NMFS                         accounted for by observers, which will                regulations for Framework Adjustment 4
                                                published a proposed rule for                           provide better information on river                   to the Atlantic Herring FMP which
                                                Framework 9 management measures (80                     herring and shad.                                     includes similar management measures
                                                FR 28575); the public comment period                       Comment 2: The Herring Alliance                    to this action. All of these changes are
                                                for the proposed rule ended on June 18,                 commented in support of all the                       intended to clarify the purpose of these
                                                2015.                                                   proposed management measures but                      measures and ensure compliance.


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                                                48246            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                Classification                                             NMFS, pursuant to section 604 of the                  Framework 9 requires all limited
                                                                                                        Regulatory Flexibility Act, has prepared              access mackerel vessels carrying an
                                                  Pursuant to section 304(b)(1)(A) of the               a FRFA, included in the preamble of                   observer to report all slippage events on
                                                Magnuson-Stevens Fishery                                this final rule, in support of the                    the VMS mackerel and longfin squid
                                                Conservation and Management Act                         management measures in this action.                   daily catch report. This information
                                                (Magnuson-Stevens Act), the NMFS                        The FRFA describes the economic                       collection is intended to improve
                                                Assistant Administrator (AA) has                        impact that this final rule, along with               monitoring the catch of river herring
                                                determined that this framework                          other non-preferred alternatives, will                and shad in the Atlantic mackerel
                                                adjustment is consistent with the                       have on small entities.                               fishery. The burden estimates for these
                                                Atlantic Mackerel, Squid, and Butterfish                   The FRFA incorporates the economic                 new requirements apply to all limited
                                                FMP, other provisions of the Magnuson-                  impacts and analysis summaries in the                 access mackerel vessels. Time and cost
                                                Stevens Act, and other applicable law.                  IRFA, a summary of the significant                    burdens that were previously approved
                                                  The Council prepared an EA for                        issues raised by the public in response               through Amendment 14 and OMB
                                                Framework 9, and the AA concluded                       to the IRFA, and NMFS’s responses to                  Control Number 0648–0679, include
                                                that there will be no significant impact                those comments. A copy of the IRFA,                   estimated time of 5 minutes to complete
                                                on the human environment as a result                    RIR, and the EA are available upon                    daily catch reports, for a total time
                                                of this rule. A copy of the EA is                       request (see ADDRESSES).                              burden of 264 hours, and estimated cost
                                                available upon request (see ADDRESSES).                                                                       of $0.60 per transmission of daily catch
                                                                                                        A Summary of the Significant Issues
                                                  This final rule is authorized by 50                                                                         reports, for a total public cost of $1,901.
                                                                                                        Raised by the Public Comments in
                                                CFR part 648 and has been determined                                                                          In a given fishing year, NMFS estimates
                                                                                                        Response to the IRFA, a Summary of the
                                                to be not significant for purposes of                                                                         that the additional reporting
                                                                                                        Assessment of the Agency of Such
                                                Executive Order 12866.                                                                                        requirements included in Framework 9
                                                                                                        Issues, and a Statement of Any Changes
                                                  This action contains collection-of-                                                                         will not cause any additional time or
                                                                                                        Made in the Final Rule as a Result of
                                                information requirements subject to the                                                                       cost burden from that which was
                                                                                                        Such Comments
                                                paperwork Reduction Act (PRA) and                                                                             previously approved.
                                                which has been approved by OMB                             Two of the public comments raised
                                                                                                        general concerns on the economic                      Description of the Steps the Agency Has
                                                under control number 0648–0679.                                                                               Taken To Minimize the Significant
                                                Framework 9 requires all limited access                 impact of the rule on affected entities,
                                                                                                        but did not quantify those concerns or                Economic Impacts on Small Entities
                                                mackerel vessels carrying an observer to                                                                      Consistent With the Stated Objectives of
                                                report all slippage events on the VMS                   relate these issues to the IRFA. Those
                                                                                                        comments, and NMFS’s responses, are                   Applicable Statues
                                                mackerel and longfin squid daily catch
                                                                                                        contained elsewhere in this preamble                     This action is not expected to have
                                                report. This information collection is
                                                                                                        and are not repeated here. No changes                 more than minimal impact on the
                                                intended to improve monitoring the
                                                                                                        were made in the final rule as a result               affected small entities compared to
                                                catch of river herring and shad in the                                                                        recent operation of the fishery (2011–
                                                Atlantic mackerel fishery. The burden                   of these comments.
                                                                                                                                                              2013, and 2014 landings to date appear
                                                estimates for these new requirements                    Description and Estimate of Number of                 similar to 2013). First, the primary
                                                apply to all limited access mackerel                    Small Entities to Which the Rule Will                 impact should only be that vessels will
                                                vessels. Time and cost burdens that                     Apply                                                 not slip catches before observers have a
                                                were previously approved through                           This rule applies to Atlantic mackerel             chance to observe/sample them, which
                                                Amendment 14 and OMB Control                            limited access permits. Based on permit               should have almost no economic impact
                                                Number 0648–0679, include estimated                     data for 2013, 150 separate vessels hold              on vessels. Slippage for reasons besides
                                                time of 5 minutes to complete daily                     mackerel limited access permits, 114                  safety, mechanical issues, and spiny
                                                catch reports, for a total time burden of               entities own those vessels, and, based                dogfish are already prohibited, and this
                                                264 hours. In a given fishing year,                     on current Small Business                             proposed action would require vessels
                                                NMFS estimates that the additional                      Administration (SBA) definitions, 107                 to move 15 nm (27.8 km) before fishing
                                                reporting requirements included in                      of these are small entities. Of the 107               again if a slippage for those excepted
                                                Framework 9 will not cause any                          small entities, 4 had no revenue in 2013              reasons occurs (vessels could not fish
                                                additional time or cost burden from that                and those entities with no revenue are                within 15 nm (27.8 km) of the slippage
                                                which was previously approved. Send                     considered small entities for the                     event for the remainder of the trip).
                                                comments regarding these burden                         purpose of this analysis. All of the                  Total small entity mackerel revenues
                                                estimates or any other aspect of this data              entities that had revenue fell into the               over 2011–2013 averaged $2.0 million,
                                                collection, including suggestions for                   finfish or shellfish categories, and the              for an average of approximately $19,000
                                                reducing the burden, to NMFS (see                       SBA definitions for those categories for              per affected small entity (107),
                                                ADDRESSES) and by email to OIRA_                        2014 are $20.5 million for finfish fishing            compared to their average revenues of
                                                Submission@omb.eop.gov, or fax to                       and $5.5 million for shellfish fishing. Of            $1,201,419 in 2013 as described above.
                                                (202) 395–7285.                                         the entities with revenues, their average             Given the small relative value of
                                                  Notwithstanding any other provisions                  revenues in 2013 were $1,201,419. 70                  mackerel for most affected entities, the
                                                of the law, no person is required to, nor               had primary revenues from finfish                     infrequency of slippage, and given the
                                                shall any person be subject to a penalty                fishing and 33 had their primary                      consequence of excepted slippages is
                                                for failure to comply with, a collection                revenues from shellfish fishing.                      only to move 15 nm (27.8 km), it seems
                                                of information subject to the                                                                                 likely that the economic impacts should
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                                                requirements of the PRA, unless that                    Description of Projected Reporting,                   be minimal for affected small entities.
                                                collection of information displays a                    Recordkeeping, and Other Compliance                   This is especially true since only a small
                                                currently valid OMB Control Number.                     Requirements                                          portion of trips are observed, and the
                                                All currently approved NOAA                               This final rule contains collection-of-             measures only apply to observed trips.
                                                collections of information may be                       information requirements subject to the                  If slippages have been masking higher
                                                viewed at: http://www.cio.noaa.gov/                     PRA that have been approved by the                    river herring and shad landings, it is
                                                services_programs/prasubs.html.                         OMB under Control Number 0648–0679.                   possible that prohibiting slippages


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                                                                   Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                          48247

                                                could lead to the mackerel fishery                          CFR part or section             Current OMB          slip catch, as defined at § 648.2, except
                                                closing earlier (because of the river                      where the information              Control No.        in the following circumstances:
                                                herring and shad cap) than it otherwise                    collection requirement        (all numbers begin
                                                                                                                  is located                  with 0648–)        *       *      *     *    *
                                                would if more slippages were occurring.                                                                             (B) A mechanical failure, including
                                                However, given the very low mackerel                                                                             gear damage, precludes bringing some
                                                catches in recent years (less than 20                      *          *          *          *          *         or all of the catch on board the vessel
                                                percent of the quota), it is more likely                                                                         for sampling and inspection; or
                                                that catch increases might be limited                                                                            *       *      *     *    *
                                                rather than actually having decreased                      50 CFR Chapter VI                                        (ii) If a vessel issued any limited
                                                catches, so small entities should not be                                                                         access Atlantic mackerel permit slips
                                                more than minimally impacted                               PART 648—FISHERIES OF THE                             catch, the vessel operator must report
                                                compared to recent fishery operations.                     NORTHEASTERN UNITED STATES                            the slippage event on the Atlantic
                                                In addition, if vessels are prohibited                                                                           mackerel and longfin squid daily VMS
                                                from targeting mackerel due to the cap,                    ■ 3. The authority citation for part 648              catch report and indicate the reason for
                                                they will likely partially mitigate any                    continues to read as follows:                         slipping catch. Additionally, vessels
                                                foregone revenue by fishing for other                          Authority: 16 U.S.C. 1801 et seq.                 issued a limited Atlantic mackerel
                                                species (e.g. squid, butterfish, herring,                                                                        permit or a longfin squid/butterfish
                                                etc.).                                                     ■  4. In § 648.2, the definition for
                                                                                                           ‘‘Slippage in the Atlantic mackerel and               moratorium permit, the vessel operator
                                                List of Subjects                                           longfin squid fisheries’’ is removed and              must complete and sign a Released
                                                                                                           a definition for ‘‘Slip(s) or slipping                Catch Affidavit detailing: The vessel
                                                15 CFR Part 902                                                                                                  name and permit number; the VTR
                                                                                                           catch in the Atlantic mackerel and
                                                  Reporting and recordkeeping                              longfin squid fisheries’’ is added in                 serial number; where, when, and the
                                                requirements.                                              alphabetical order to read as follows:                reason for slipping catch; the estimated
                                                                                                                                                                 weight of each species brought on board
                                                50 CFR Part 648
                                                                                                           § 648.2    Definitions.                               or slipped on that tow. A completed
                                                  Fisheries, Fishing, Recordkeeping and                    *      *     *     *     *                            affidavit must be submitted to NMFS
                                                reporting requirements.                                                                                          within 48 hr of the end of the trip.
                                                                                                              Slip(s) or slipping catch in the
                                                  Dated: August 6, 2015.                                   Atlantic mackerel and longfin squid                      (iii) If a vessel issued a limited access
                                                Samuel D. Rauch III,                                       fisheries means discarding catch from a               Atlantic mackerel permit slips catch for
                                                Deputy Assistant Administrator for                         vessel issued an Atlantic mackerel or                 any of the reasons described in
                                                Regulatory Programs, National Marine                       longfin squid permit that is carrying a               paragraph (n)(3)(i) of this section, the
                                                Fisheries Service.                                         NMFS-approved observer prior to the                   vessel operator must move at least 15
                                                  For the reasons set out in the                           catch being brought on board or prior to              nm (27.8 km) from the location of the
                                                preamble, 15 CFR part 902 and 50 CFR                       the catch being made available for                    slippage event before deploying any
                                                part 648 are amended as follows:                           sampling and inspection by a NMFS-                    gear again, and must stay at least 15 nm
                                                                                                           approved observer after the catch in                  (27.8 km) from the slippage event
                                                15 CFR Chapter IX                                          onboard. Slip(s) or slipping catch                    location for the remainder of the fishing
                                                                                                           includes releasing fish from a codend or              trip.
                                                PART 902—NOAA INFORMATION                                                                                           (iv) If catch is slipped by a vessel
                                                COLLECTION REQUIREMENT UNDER                               seine prior to the completion of
                                                                                                           pumping the fish on board and the                     issued a limited access Atlantic
                                                THE PAPERWORK REDUCTION ACT:                                                                                     mackerel permit for any reason not
                                                OMB CONTROL NUMBERS                                        release of fish from a codend or seine
                                                                                                           while the codend or seine is in the                   described in paragraph (n)(3)(i) of this
                                                                                                           water. Slippage or slipped catch refers               section, the vessel operator must
                                                ■ 1. The authority citation for part 902
                                                                                                           to fish that are slipped. Slippage or                 immediately terminate the trip and
                                                continues to read as follows:
                                                                                                           slipped catch does not include                        return to port. No fishing activity may
                                                    Authority: 44 U.S.C. 3501 et seq.                                                                            occur during the return to port.
                                                                                                           operational discards, discards that occur
                                                ■  2. In § 902.1, amend the table in                       after the catch is brought on board and               ■ 6. In § 648.14, paragraph (g)(2)(ii)(G) is
                                                paragraph (b), under the entry for ‘‘50                    made available for sampling and                       added, paragraphs (g)(2)(vi) and (vii) are
                                                CFR’’ by revising the entry for                            inspection by a NMFS-approved                         revised, and paragraphs (g)(2)(viii), (ix),
                                                ‘‘§ 648.11’’ to read as follows:                           observer, or fish that inadvertently fall             and (x) are added to read as follows:
                                                § 902.1 OMB control numbers assigned                       out of or off fishing gear as gear is being           § 648.14   Prohibitions.
                                                pursuant to the Paperwork Reduction Act.                   brought on board the vessel.
                                                                                                                                                                 *       *    *     *     *
                                                *       *    *           *       *                         *      *     *     *     *                               (g) * * *
                                                    (b) * * *                                              ■ 5. In § 648.11, paragraphs (n)(3)(i)                   (2) * * *
                                                                                                           introductory text, (n)(3)(i)(B), and                     (ii) * * *
                                                 CFR part or section                 Current OMB           (n)(3)(ii) are revised and paragraphs                    (G) Fish for, possess, transfer, receive,
                                                where the information                  Control No.
                                                collection requirement            (all numbers begin       (n)(3)(iii) and (iv) are added to read as             or sell; or attempt to fish for, possess,
                                                       is located                      with 0648–)         follows:                                              transfer, receive, or sell; more than
                                                                                                                                                                 20,000 lb (9.08 mt) of mackerel per trip;
                                                                                                           § 648.11 At-sea sea sampler/observer                  or land, or attempt to land more than
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                                                *            *            *          *         *           coverage.
                                                                                                                                                                 20,000 lb (9.08 mt) of mackerel per day
                                                                                                           *     *    *      *    *                              after 95 percent of the river herring and
                                                50 CFR                                                       (n) * * *                                           shad cap has been harvested, if the
                                                *            *            *          *         *
                                                                                                             (3) * * *                                           vessel holds a valid mackerel permit.
                                                                                                             (i) No vessel issued a limited access               *       *    *     *     *
                                                648.11 .......................   –0202, –0546, –0555,      Atlantic mackerel permit or a longfin                    (vi) Slip catch, as defined at § 648.2,
                                                                                   and –0679               squid/butterfish moratorium permit may                unless for one of the reasons specified


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                                                48248            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                at § 648.11(n)(3)(i) if issued a limited                review for the mackerel fishery, as                   772–1213, or TTY 1–800–325–0778, or
                                                access Atlantic mackerel permit, or a                   outlined in this section.                             visit our Internet site, Social Security
                                                longfin squid/butterfish moratorium                     *      *     *    *     *                             Online, at http://
                                                permit.                                                 ■ 8. In § 648.24, paragraph (b)(6) is
                                                                                                                                                              www.socialsecurity.gov.
                                                   (vii) For vessels with a limited access              added and paragraphs (c)(1)(i) through
                                                Atlantic mackerel permits, fail to move                                                                       SUPPLEMENTARY INFORMATION:       We
                                                                                                        (iii) are removed.                                    published a final rule in the Federal
                                                15 nm (27.8 km), as required by                            The revisions read as follows:
                                                § 648.11(n)(3)(iii).                                                                                          Register of April 13, 2015 (80 FR 19522)
                                                   (viii) For vessels with a limited access             § 648.24 Fishery closures and                         titled, Revised Listings for Growth
                                                Atlantic mackerel permit, fail to                       accountability measures.                              Disorders and Weight Loss in Children.
                                                immediately return to port as required                  *      *     *    *    *                              The final rule, among other things,
                                                by § 648.11(n)(3)(iv).                                     (b) * * *                                          amended 20 CFR part 404. We
                                                   (ix) Fail to complete, sign, and submit                 (6) River herring and shad catch cap.              inadvertently included incorrect values
                                                a Released Catch Affidavit if fish are                  The river herring and shad cap on the                 in table II of listing 105.08(B)(1)(c) of
                                                released pursuant to the requirements at                mackerel fishery applies to all trips that            appendix 1 to subpart P of part 404.
                                                § 648.11(n)(3)(ii).                                     land more than 20,000 lb (9.08 mt) of                 This document amends the table and
                                                   (x) Fail to report or fail to accurately             mackerel. NMFS shall close the directed               corrects the final regulation.
                                                report a slippage event on the VMS                      mackerel fishery in the EEZ when the                  (Catalog of Federal Domestic Assistance
                                                mackerel and longfin squid daily catch                  Regional Administrator project that 95                Program Nos. 96.001, Social Security—
                                                report, as required by § 648.11(n)(3)(ii).              percent of the river herring/shad catch               Disability Insurance; 96.002, Social
                                                *      *      *    *     *                              cap has been harvested. Following                     Security—Retirement Insurance; 96.004,
                                                                                                                                                              Social Security—Survivors Insurance; and
                                                ■ 7. In § 648.22, paragraphs (b)(3)(v)                  closures of the directed mackerel
                                                                                                                                                              96.006, Supplemental Security Income).
                                                through (vii) are revised and (b)(3)(viii)              fishery, vessels must adhere to the
                                                is removed.                                             possession restrictions specified in                  List of Subjects in 20 CFR Part 404
                                                   The revisions read as follows:                       § 648.26.
                                                                                                                                                                Administrative practice and
                                                                                                        *      *     *    *    *                              procedure; Blind, Disability benefits;
                                                § 648.22 Atlantic mackerel, squid, and                  [FR Doc. 2015–19823 Filed 8–11–15; 8:45 am]
                                                butterfish specifications.                                                                                    Old-Age, Survivors, and Disability
                                                                                                        BILLING CODE 3510–22–P
                                                *      *     *    *    *                                                                                      Insurance; Reporting and recordkeeping
                                                   (b) * * *                                                                                                  requirements; Social Security.
                                                   (3) * * *                                                                                                    Accordingly, 20 CFR part 404, subpart
                                                   (v) The butterfish mortality cap will                SOCIAL SECURITY ADMINISTRATION
                                                                                                                                                              P is corrected by making the following
                                                be based on a portion of the ACT (set                   20 CFR Part 404                                       correcting amendments:
                                                annually during specifications) and the
                                                specified cap amount will be allocated                  [Docket No. SSA–2011–0081]                            PART 404—FEDERAL OLD-AGE,
                                                to the longfin squid fishery as follows:                RIN 0960–AG28                                         SURVIVORS AND DISABILITY
                                                Trimester I—43 percent; Trimester II—                                                                         INSURANCE (1950–)
                                                17 percent; and Trimester III—40                        Revised Listings for Growth Disorders
                                                percent.                                                and Weight Loss in Children;                          ■ 1. The authority citation for subpart P
                                                   (vi) Any underages of the cap for                    Correcting Amendments                                 of part 404 continues to read as follows:
                                                Trimester I that are greater than 25
                                                                                                        AGENCY:Social Security Administration.                  Authority: Secs. 202, 205(a)–(b) and (d)–
                                                percent of the Trimester I cap will be                                                                        (h), 216(i), 221(a), (i), and (j), 222(c), 223,
                                                reallocated to Trimester II and III (split                    Final rule; Correcting
                                                                                                        ACTION:
                                                                                                                                                              225, and 702(a)(5) of the Social Security Act
                                                equally between both trimesters) of the                 amendments.                                           (42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
                                                same year. The reallocation of the cap                                                                        421(a), (i), and (j), 422(c), 423, 425, and
                                                from Trimester I to Trimester II is                     SUMMARY:    We published a document in                902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
                                                limited, such that the Trimester II cap                 the Federal Register revising our rules               Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
                                                may only be increased by 50 percent;                    on April 13, 2015. That document                      118 Stat. 509 (42 U.S.C. 902 note).
                                                the remaining portion of the underage                   inadvertently included incorrect values
                                                                                                        in table II of listing 105.08(B)(1)(c) of             ■ 2. In appendix 1 to subpart P of part
                                                will be reallocated to Trimester III. Any
                                                                                                        appendix 1 to subpart P of 20 CFR part                404, revise table II of listing
                                                underages of the cap for Trimester I that
                                                                                                        404. This document corrects the final                 105.08(B)(1)(c) to read as follows:
                                                are less than 25 percent of the Trimester
                                                I quota will be applied to Trimester III                regulation by revising this table.                    Appendix 1 to Subpart P of Part 404—
                                                of the same year. Any overages of the                   DATES: Effective August 12, 2015.                     Listing of Impairments
                                                cap for Trimester I and II will be                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              *        *     *   *      *
                                                subtracted from Trimester III of the                    Cheryl A. Williams, Office of Medical                   105.08 Growth failure due to any
                                                same year.                                              Listings Improvement, Social Security                 digestive disorder (see 105.00G), documented
                                                   (vii) Performance review. The Squid,                 Administration, 6401 Security                         by A and B:
                                                Mackerel, and Butterfish Committee                      Boulevard, Baltimore, Maryland 21235–                 *        *     *   *      *
                                                shall conduct a detailed review of                      6401, (410) 965–1020. For information                     B. * * *
                                                fishery performance relative to the                     on eligibility or filing for benefits, call               1. * * *
                                                butterfish ACL in conjunction with                      our national toll-free number, 1–800–                     c. * * *
mstockstill on DSK4VPTVN1PROD with RULES




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Document Created: 2016-09-27 22:27:36
Document Modified: 2016-09-27 22:27:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 11, 2015.
ContactCarly Bari, Fishery Policy Analyst, (978) 281-9224.
FR Citation80 FR 48244 
RIN Number0648-BF00
CFR Citation15 CFR 902
50 CFR 648
CFR AssociatedReporting and Recordkeeping Requirements; Fisheries; Fishing and Recordkeeping and Reporting Requirements

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