80_FR_51307 80 FR 51144 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Fishery; Adjustment to the Northern Red Hake Inseason Possession Limit

80 FR 51144 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Fishery; Adjustment to the Northern Red Hake Inseason Possession Limit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51144-51145
FR Document2015-20862

We announce the reduction of the commercial possession limit for northern red hake for the remainder of the 2015 fishing year. This action is required to prevent the northern red hake total allowable landing limit from being exceeded. This announcement informs the public that the northern red hake possession limit is reduced.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51144-51145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120109034-2171-01]
RIN 0648-XE120


Fisheries of the Northeastern United States; Small-Mesh 
Multispecies Fishery; Adjustment to the Northern Red Hake Inseason 
Possession Limit

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: We announce the reduction of the commercial possession limit 
for northern red hake for the remainder of the 2015 fishing year. This 
action is required to prevent the northern red hake total allowable 
landing limit from being exceeded. This announcement informs the public 
that the northern red hake possession limit is reduced.

DATES: Effective August 24, 2015, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management 
Specialist, 978-675-9112.

SUPPLEMENTARY INFORMATION: The small-mesh multispecies fishery is 
managed primarily through a series of exemptions from the Northeast 
Multispecies Fisheries Management Plan. Regulations governing the red 
hake fishery are found at 50 CFR part 648. The regulations describing 
the process to adjust inseason commercial possession limits of northern 
red hake are described in Sec.  648.86(d)(4) and (5). These regulations 
require the Regional Administrator to reduce the northern red hake 
possession limit from 3,000 lb (1,361 kg) to 1,500 lb (680 kg) when 
landings have been projected to reach or exceed 45 percent of the total 
allowable landings (TAL). The northern red hake possession limit is 
required to be further reduced to 400 lb (181 kg) if landings are 
projected to reach or exceed 62.5 percent of the TAL, unless such a 
reduction would be expected to prevent the TAL from being reached. The 
final rule implementing the small-mesh multispecies

[[Page 51145]]

specifications for 2015-2017, which published in the Federal Register 
on May 28, 2015 (80 FR 30379), set these inseason adjustment 
thresholds. These measures were imposed because the annual catch limits 
(ACL) for northern red hake were exceeded for the 2012 and 2013 fishing 
years, and northern red hake was experiencing overfishing. We 
implemented this possession limit reduction trigger to reduce the risk 
of continued overfishing on the stock and to better constrain catch to 
the ACL.
    On August 12, 2015, the northern red hake commercial possession 
limit was reduced from 3,000 lb (1,361 kg) to 1,500 lb (680 kg) because 
the overall commercial landings reached 45 percent of the TAL. Based on 
commercial landings data reported through July 30, 2015, the northern 
red hake fishery is projected to reach 65.2 percent of the TAL on 
August 22, 2015. Based on this projection, reducing the commercial 
northern red hake possession limit from 1,500 lb (680 kg) to 400 lb 
(181 kg) is required to prevent the TAL from being exceeded. Upon the 
effective date of this action, no person may possess on board or land 
more than 400 lb (181 kg) of northern red hake per trip for the 
remainder of the fishing year (i.e., through April 30, 2016).

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: August 19, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-20862 Filed 8-19-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                             51144             Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations

                                             40 CFR part 272. EPA is not codifying                   for EPA, when it reviews a State                        Dated: June 26, 2015.
                                             the authorization of North Carolina’s                   authorization application, to require the             Heather McTeer Toney,
                                             changes at this time. However, EPA                      use of any particular voluntary                       Regional Administrator, Region 4.
                                             reserves the amendment of 40 CFR part                   consensus standard in place of another                [FR Doc. 2015–20907 Filed 8–21–15; 8:45 am]
                                             272, subpart II, for the authorization of               standard that otherwise satisfies the                 BILLING CODE 6560–50–P
                                             North Carolina’s program changes at a                   requirements of RCRA. Thus, the
                                             later date.                                             requirements of section 12(d) of the
                                             L. Administrative Requirements                          National Technology Transfer and                      DEPARTMENT OF COMMERCE
                                                                                                     Advancement Act of 1995 (15 U.S.C.
                                                The Office of Management and Budget                  272 note) do not apply. As required by                National Oceanic and Atmospheric
                                             (OMB) has exempted this action from                     section 3 of Executive Order 12988 (61                Administration
                                             the requirements of Executive Order                     FR 4729, February 7, 1996), in issuing
                                             12866 (58 FR 51735, October 4, 1993),                   this rule, EPA has taken the necessary                50 CFR Part 648
                                             and therefore this action is not subject                steps to eliminate drafting errors and
                                             to review by OMB. This action                           ambiguity, minimize potential litigation,             [Docket No. 120109034–2171–01]
                                             authorizes State requirements for the
                                                                                                     and provide a clear legal standard for                RIN 0648–XE120
                                             purpose of RCRA 3006 and imposes no
                                                                                                     affected conduct. EPA has complied
                                             additional requirements beyond those                                                                          Fisheries of the Northeastern United
                                                                                                     with Executive Order 12630 (53 FR
                                             imposed by State law. Accordingly, I                                                                          States; Small-Mesh Multispecies
                                                                                                     8859, March 15, 1988) by examining the
                                             certify that this action will not have a                                                                      Fishery; Adjustment to the Northern
                                             significant economic impact on a                        takings implications of the rule in
                                                                                                     accordance with the ‘‘Attorney                        Red Hake Inseason Possession Limit
                                             substantial number of small entities
                                             under the Regulatory Flexibility Act (5                 General’s Supplemental Guidelines for
                                                                                                                                                           AGENCY:  National Marine Fisheries
                                             U.S.C. 601 et seq.). Because this action                the Evaluation of Risk and Avoidance of
                                                                                                                                                           Service (NMFS), National Oceanic and
                                             authorizes pre-existing requirements                    Unanticipated Takings’’ issued under                  Atmospheric Administration (NOAA),
                                             under State law and does not impose                     the executive order. This rule does not               Commerce.
                                             any additional enforceable duty beyond                  impose an information collection
                                                                                                                                                           ACTION: Temporary rule; inseason
                                             that required by State law, it does not                 burden under the provisions of the
                                                                                                     Paperwork Reduction Act of 1995, 44                   adjustment.
                                             contain any unfunded mandate or
                                             significantly or uniquely affect small                  U.S.C. 3501 et seq.                                   SUMMARY:   We announce the reduction of
                                             governments, as described in the                           The Congressional Review Act, 5                    the commercial possession limit for
                                             Unfunded Mandates Reform Act of 1995                    U.S.C. 801 et seq., as added by the Small             northern red hake for the remainder of
                                             (Pub. L. 104–4). For the same reason,                   Business Regulatory Enforcement                       the 2015 fishing year. This action is
                                             this action also does not significantly or              Fairness Act of 1996, generally provides              required to prevent the northern red
                                             uniquely affect the communities of                      that before a rule may take effect, the               hake total allowable landing limit from
                                             Tribal governments, as specified by                     agency promulgating the rule must                     being exceeded. This announcement
                                             Executive Order 13175 (65 FR 67249,                     submit a rule report, which includes a                informs the public that the northern red
                                             November 9, 2000). This action will not                 copy of the rule, to each House of the                hake possession limit is reduced.
                                             have substantial direct effects on the                  Congress and to the Comptroller General               DATES: Effective August 24, 2015,
                                             States, on the relationship between the                 of the United States. EPA will submit a               through April 30, 2016.
                                             national government and the States, or                  report containing this document and                   FOR FURTHER INFORMATION CONTACT: Reid
                                             on the distribution of power and                        other required information to the U.S.
                                             responsibilities among the various                                                                            Lichwell, Fishery Management
                                                                                                     Senate, the U.S. House of                             Specialist, 978–675–9112.
                                             levels of government, as specified in                   Representatives, and the Comptroller
                                             Executive Order 13132 (64 FR 43255,                                                                           SUPPLEMENTARY INFORMATION: The small-
                                                                                                     General of the United States prior to
                                             August 10, 1999), because it merely                     publication in the Federal Register. A                mesh multispecies fishery is managed
                                             authorizes State requirements as part of                major rule cannot take effect until 60                primarily through a series of exemptions
                                             the State RCRA hazardous waste                          days after it is published in the Federal             from the Northeast Multispecies
                                             program without altering the                            Register. This action is not a ‘‘major                Fisheries Management Plan. Regulations
                                             relationship or the distribution of power               rule’’ as defined by 5 U.S.C. 804(2). This            governing the red hake fishery are found
                                             and responsibilities established by                     action will be effective October 23,                  at 50 CFR part 648. The regulations
                                             RCRA. This action also is not subject to                2015, unless objections to this                       describing the process to adjust
                                             Executive Order 13045 (62 FR 19885,                     authorization are received.                           inseason commercial possession limits
                                             April 23, 1997), because it is not                                                                            of northern red hake are described in
                                             economically significant and it does not                List of Subjects in 40 CFR Part 271                   § 648.86(d)(4) and (5). These regulations
                                             make decisions based on environmental                                                                         require the Regional Administrator to
                                             health or safety risks. This rule is not                   Environmental protection,                          reduce the northern red hake possession
                                             subject to Executive Order 13211,                       Administrative practice and procedure,                limit from 3,000 lb (1,361 kg) to 1,500
                                             ‘‘Actions Concerning Regulations That                   Confidential business information,                    lb (680 kg) when landings have been
                                             Significantly Affect Energy Supply,                     Hazardous waste, Hazardous waste                      projected to reach or exceed 45 percent
                                             Distribution, or Use’’ (66 FR 28355, May                transportation, Indian lands,                         of the total allowable landings (TAL).
                                             22, 2001) because it is not a significant               Intergovernmental relations, Penalties,               The northern red hake possession limit
                                                                                                     Reporting and recordkeeping                           is required to be further reduced to 400
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                                             regulatory action under Executive Order
                                             12866.                                                  requirements.                                         lb (181 kg) if landings are projected to
                                                Under RCRA section 3006(b), EPA                        Authority: This action is issued under the          reach or exceed 62.5 percent of the TAL,
                                             grants a State’s application for                        authority of sections 2002(a), 3006, and              unless such a reduction would be
                                             authorization as long as the State meets                7004(b) of the Solid Waste Disposal Act, as           expected to prevent the TAL from being
                                             the criteria required by RCRA. It would                 amended, 42 U.S.C. 6912(a), 6926, and                 reached. The final rule implementing
                                             thus be inconsistent with applicable law                6974(b).                                              the small-mesh multispecies


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                                                               Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations                                              51145

                                             specifications for 2015–2017, which                     1,500 lb (680 kg) because the overall                 remainder of the fishing year (i.e.,
                                             published in the Federal Register on                    commercial landings reached 45 percent                through April 30, 2016).
                                             May 28, 2015 (80 FR 30379), set these                   of the TAL. Based on commercial
                                             inseason adjustment thresholds. These                                                                         Classification
                                                                                                     landings data reported through July 30,
                                             measures were imposed because the                       2015, the northern red hake fishery is                  This action is taken under 50 CFR
                                             annual catch limits (ACL) for northern                  projected to reach 65.2 percent of the                part 648 and is exempt from review
                                             red hake were exceeded for the 2012                     TAL on August 22, 2015. Based on this                 under Executive Order 12866.
                                             and 2013 fishing years, and northern red                projection, reducing the commercial
                                             hake was experiencing overfishing. We                                                                           Authority: 16 U.S.C. 1801 et seq.
                                                                                                     northern red hake possession limit from
                                             implemented this possession limit                                                                               Dated: August 19, 2015.
                                                                                                     1,500 lb (680 kg) to 400 lb (181 kg) is
                                             reduction trigger to reduce the risk of
                                                                                                     required to prevent the TAL from being                Emily H. Menashes,
                                             continued overfishing on the stock and
                                                                                                     exceeded. Upon the effective date of this             Acting Director, Office of Sustainable
                                             to better constrain catch to the ACL.
                                               On August 12, 2015, the northern red                  action, no person may possess on board                Fisheries, National Marine Fisheries Service.
                                             hake commercial possession limit was                    or land more than 400 lb (181 kg) of                  [FR Doc. 2015–20862 Filed 8–19–15; 4:15 pm]
                                             reduced from 3,000 lb (1,361 kg) to                     northern red hake per trip for the                    BILLING CODE 3510–22–P
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Document Created: 2015-12-15 10:55:07
Document Modified: 2015-12-15 10:55:07
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
ActionTemporary rule; inseason adjustment.
DatesEffective August 24, 2015, through April 30, 2016.
ContactReid Lichwell, Fishery Management Specialist, 978-675-9112.
FR Citation80 FR 51144 
RIN Number0648-XE12

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