80 FR 52033 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Eel Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 166 (August 27, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 52033-52034 | |
| FR Document | 2015-21228 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Notices] [Pages 52033-52034] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21228] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE145 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Eel Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of non-compliance referral; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces that on August 6, 2015, the Atlantic States Marine Fisheries Commission (Commission) found the State of Delaware out of compliance with the Commission's Interstate Fishery Management Plan (ISFMP) for American Eel. Subsequently, on August 19, 2015, the Commission referred the matter to NMFS, under delegation of authority from the Secretary of Commerce, for federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS must review the Commission's non-compliance referral and make specific findings by September 18, 2015, 30 days after receiving the referral. If NMFS determines that Delaware failed to carry out its responsibilities under the Coastal American Eel ISFMP, and if the measures it failed to implement are necessary for conservation, then, according to the Atlantic Coastal Act, NMFS must declare a moratorium on fishing for American eel in Delaware waters. DATES: Comments must be submitted by September 11, 2015. NMFS intends to make a determination on this matter by September 18, 2015, and will publish its findings in the Federal Register immediately thereafter. ADDRESSES: Written comments should be sent to Derek Orner, Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Room 13325, Silver Spring, MD 20910. Mark the outside of the envelope ``Comments on American eel Non-Compliance.'' Comments may also be sent via fax to (301) 713-0596 or by email to derek.orner@noaa.gov. FOR FURTHER INFORMATION CONTACT: Derek Orner, Fishery Management Specialist, NMFS Office of Sustainable Fisheries, (301) 427-8567, derek.orner@noaa.gov. SUPPLEMENTARY INFORMATION: The 2012 Benchmark Stock Assessment for American eel found that the American eel population in U.S. waters is depleted. The assessment concluded that the stock is at or near historically low levels due to a combination of historical overfishing, habitat loss and alteration, productivity and food web alterations, predation, turbine mortality, changing climatic and oceanic conditions, toxins and contaminants, and disease. As a result, the Commission took action to reduce mortality and limit further development of this fishery. In order to achieve the conservation goals and objectives of the ISFMP, states were to effectively implement the following actions: A 9'' minimum size for yellow eel (the life stage when eels are typically harvested as bait) recreational and commercial fisheries; \1/ 2\'' x \1/2\'' minimum mesh size for yellow eel pots; Allowance of 4'' x 4'' escape panel in post of \1/2\'' x \1/2\'' mesh for 3 years (beginning on January 1, 2014); and, Recreational 25 fish bag limit per day per angler. On August 6, 2015, the Commission found the State of Delaware out of compliance for not fully and effectively implementing and enforcing these measures. The Commission subsequently referred its non-compliance finding to NMFS on August 19, 2015. Federal response to a Commission non-compliance referral is governed by [[Page 52034]] the Atlantic Coastal Act. Under the Atlantic Coastal Act, the Secretary of Commerce (Secretary) must make two findings within 30 days after receiving the non-compliance referral. First, the Secretary must determine whether the state in question (in this case, Delaware) has failed to carry out its responsibilities under the ISFMP. Second, the Secretary must determine whether the measures that the State has failed to implement or enforce are necessary for the conservation of the fishery in question. If the Secretary of Commerce makes affirmative findings on both criteria, then the Secretary must implement a moratorium on fishing in the fishery in question (in this case American eel) within the waters of the non-complying state (in this case, Delaware). Further, the moratorium must become effective within six months of the date of the Secretary's non-compliance determination. To the extent that the allegedly offending state later implements the involved measure, the Atlantic Coastal Act allows the state to petition the Commission that it has come back into compliance, and if the Commission concurs, the Commission will notify the Secretary and, if the Secretary concurs, the moratorium will be withdrawn. The Secretary has delegated Atlantic Coastal Act authorities to the Assistant Administrator for Fisheries at NMFS. NMFS has notified the State of Delaware, the Commission, and the Mid-Atlantic Fishery Management Council in separate letters, of its receipt of the Commission's non-compliance referral. In the letters, NMFS solicits comments from the Commission and Councils to the extent either entity is interested in providing such comments. NMFS also indicated to the State of Delaware that the State is entitled to meet with and present its comments directly to NMFS if the State so desires. NMFS intends to make its non-compliance determination on or about September 18, 2015, which is 30 days after receipt of the Commission's non-compliance referral. NMFS will announce its determination by Federal Register notice immediately thereafter. To the extent that NMFS makes an affirmative non-compliance finding, NMFS will announce the effective date of the moratorium in that Federal Register notice. Authority: 16 U.S.C. 5101 et seq. Dated: August 21, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-21228 Filed 8-26-15; 8:45 am] BILLING CODE 3510-22-P
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improve the competitiveness and IV. Request for Comments after receiving the referral. If NMFS
performance of U.S. organizations for Comments are invited on: (a) Whether determines that Delaware failed to carry
the benefit of all U.S. residents. The the proposed collection of information out its responsibilities under the Coastal
Baldrige Program and its Malcolm is necessary for the proper performance American Eel ISFMP, and if the
Baldrige National Quality Award were of the functions of the agency, including measures it failed to implement are
created by Public Law 100–107 (The whether the information shall have necessary for conservation, then,
Malcolm Baldrige National Quality practical utility; (b) the accuracy of the according to the Atlantic Coastal Act,
Improvement Act of 1987) and signed agency’s estimate of the burden NMFS must declare a moratorium on
into law on August 20, 1987. (including hours and cost) of the fishing for American eel in Delaware
proposed collection of information; (c) waters.
II. Method of Collection
ways to enhance the quality, utility, and DATES: Comments must be submitted by
Senior leaders interested in applying clarity of the information to be September 11, 2015. NMFS intends to
for selection as a Baldrige Fellow must collected; and (d) ways to minimize the make a determination on this matter by
mail the following package of material burden of the collection of information September 18, 2015, and will publish its
directly to the Baldrige Program: on respondents, including through the findings in the Federal Register
1. A resumé, including email, postal use of automated collection techniques immediately thereafter.
address, and telephone contact or other forms of information ADDRESSES: Written comments should
information; and the name and email technology. be sent to Derek Orner, Office of
address of an assistant or alternate Comments submitted in response to Sustainable Fisheries, NMFS, 1315 East-
contact person this notice will be summarized and/or West Highway, Room 13325, Silver
2. An organizational chart that included in the request for OMB Spring, MD 20910. Mark the outside of
includes names and titles showing the approval of this information collection; the envelope ‘‘Comments on American
applicant’s position within the they also will become a matter of public eel Non-Compliance.’’ Comments may
organization record. also be sent via fax to (301) 713–0596
3. A recommendation letter from the Dated: August 21, 2015. or by email to derek.orner@noaa.gov.
applicant’s highest-ranking official
Glenna Mickelson, FOR FURTHER INFORMATION CONTACT:
showing the organization’s support of
Management Analyst, Office of the Chief Derek Orner, Fishery Management
his/her participation in the program
Information Officer. Specialist, NMFS Office of Sustainable
4. A list of key competitors (in order
[FR Doc. 2015–21214 Filed 8–26–15; 8:45 am] Fisheries, (301) 427–8567,
that the Baldrige Program may avoid
BILLING CODE 3510–13–P derek.orner@noaa.gov.
creating a cohort that would be unable
to share effectively due to competitive SUPPLEMENTARY INFORMATION: The 2012
situations) Benchmark Stock Assessment for
DEPARTMENT OF COMMERCE American eel found that the American
Fax is also acceptable. The NIST
Secure File Transfer Service (‘‘N-files’’) National Oceanic and Atmospheric eel population in U.S. waters is
is also made available for applicants Administration depleted. The assessment concluded
who wish to electronically submit that the stock is at or near historically
RIN 0648–XE145 low levels due to a combination of
materials that include personally
identifiable information. historical overfishing, habitat loss and
Atlantic Coastal Fisheries Cooperative alteration, productivity and food web
Information is collected one time per Management Act Provisions; American
year (typically in September–December) alterations, predation, turbine mortality,
Eel Fishery changing climatic and oceanic
for each cohort of Fellows.
Information is need to make selection AGENCY: National Marine Fisheries conditions, toxins and contaminants,
decisions that are based on (1) sector Service (NMFS), National Oceanic and and disease. As a result, the
mix, (2) appropriate level within the Atmospheric Administration (NOAA), Commission took action to reduce
organization, (3) likelihood to follow Commerce. mortality and limit further development
through, (4) diversity, and (5) no direct ACTION: Notice of non-compliance of this fishery. In order to achieve the
competitors with participating award referral; request for comments. conservation goals and objectives of the
recipients or other Fellows. ISFMP, states were to effectively
SUMMARY: NMFS announces that on implement the following actions: A 9″
III. Data August 6, 2015, the Atlantic States minimum size for yellow eel (the life
OMB Control Number: #0693–XXXX. Marine Fisheries Commission stage when eels are typically harvested
(Commission) found the State of as bait) recreational and commercial
Form Number(s): None.
Delaware out of compliance with the fisheries; 1⁄2″ x 1⁄2″ minimum mesh size
Type of Review: Regular submission. Commission’s Interstate Fishery for yellow eel pots; Allowance of 4″ x
Affected Public: Any senior or mid- Management Plan (ISFMP) for American 4″ escape panel in post of 1⁄2″ x 1⁄2″
level leader from business or other for- Eel. Subsequently, on August 19, 2015, mesh for 3 years (beginning on January
profit organizations; not-for-profit the Commission referred the matter to 1, 2014); and, Recreational 25 fish bag
institutions; state, local, or tribal NMFS, under delegation of authority limit per day per angler. On August 6,
government; Federal government. from the Secretary of Commerce, for 2015, the Commission found the State of
Estimated Number of Respondents: 15 federal non-compliance review under Delaware out of compliance for not fully
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per year. the provisions of the Atlantic Coastal and effectively implementing and
Estimated Time per Response: 1 hour Fisheries Cooperative Management Act enforcing these measures. The
to gather materials. (Atlantic Coastal Act). The Atlantic Commission subsequently referred its
Estimated Total Annual Burden Coastal Act mandates that NMFS must non-compliance finding to NMFS on
Hours: 15 hours. review the Commission’s non- August 19, 2015.
Estimated Total Annual Cost to compliance referral and make specific Federal response to a Commission
Public: $0. findings by September 18, 2015, 30 days non-compliance referral is governed by
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![52034 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices
the Atlantic Coastal Act. Under the DEPARTMENT OF COMMERCE taking, importing, and exporting of
Atlantic Coastal Act, the Secretary of endangered and threatened species (50
Commerce (Secretary) must make two National Oceanic and Atmospheric CFR parts 222–226).
findings within 30 days after receiving Administration
Permit No. 16239, issued on
the non-compliance referral. First, the RIN 0648–XC268 September 11, 2013 (78 FR 60852),
Secretary must determine whether the authorizes the permit holder to harass
state in question (in this case, Delaware) Marine Mammals; File No. 16239 cetacean and pinniped species during
has failed to carry out its
AGENCY: National Marine Fisheries vessel and aerial survey activities,
responsibilities under the ISFMP.
Service (NMFS), National Oceanic and including behavioral observations and
Second, the Secretary must determine
whether the measures that the State has Atmospheric Administration (NOAA), photo-identification. Cetacean species
failed to implement or enforce are Commerce. may also be harassed during underwater
necessary for the conservation of the ACTION: Notice; receipt of application for photography and collection of sloughed
fishery in question. If the Secretary of permit amendment. skin and fecal samples. Surveys may be
Commerce makes affirmative findings conducted year-round in all U.S. and
on both criteria, then the Secretary must SUMMARY: Notice is hereby given that international waters in the Pacific
implement a moratorium on fishing in Dan Engelhaupt, Ph.D., HDR EOC, 5700 Ocean (including Alaska, Washington,
the fishery in question (in this case Lake Wright Drive, Norfolk, VA 23502– Oregon, California, Hawaii, Guam,
American eel) within the waters of the 1859, has applied for an amendment to Marianas Islands, and other U.S.
non-complying state (in this case, Scientific Research Permit No. 16239. territories) and Atlantic Ocean
Delaware). Further, the moratorium DATES: Written, telefaxed, or email (including the Gulf of Mexico, western
must become effective within six comments must be received on or before North Atlantic, Caribbean Sea, and
months of the date of the Secretary’s September 28, 2015. Sargasso Seas). The permit expires
non-compliance determination. To the ADDRESSES: The application and related September 30, 2018.
extent that the allegedly offending state documents are available for review by The permit holder is requesting the
later implements the involved measure, selecting ‘‘Records Open for Public permit be amended to include
the Atlantic Coastal Act allows the state Comment’’ from the ‘‘Features’’ box on authorization for: (1) Increasing takes for
to petition the Commission that it has the Applications and Permits for some species during aerial and vessel
come back into compliance, and if the Protected Species home page, https:// visual surveys to document presence/
Commission concurs, the Commission apps.nmfs.noaa.gov, and then selecting absence, behavior, and movement of
will notify the Secretary and, if the File No. 16239 from the list of available marine mammals before, during, and
Secretary concurs, the moratorium will applications. after Naval training exercise operations,
be withdrawn. The Secretary has These documents are also available offshore energy installations, oil and gas
delegated Atlantic Coastal Act upon written request or by appointment
authorities to the Assistant exploration and production, and pier
in the Permits and Conservation refurbishment/replacement; (2)
Administrator for Fisheries at NMFS. Division, Office of Protected Resources,
NMFS has notified the State of collecting biopsy samples to document
NMFS, 1315 East-West Highway, Room genetic variation within populations,
Delaware, the Commission, and the 13705, Silver Spring, MD 20910; phone
Mid-Atlantic Fishery Management gender, foraging patterns, and stress
(301) 427–8401; fax (301) 713–0376. levels; and (3) using multiple tag types,
Council in separate letters, of its receipt Written comments on this application
of the Commission’s non-compliance including satellite and digital acoustic
should be submitted to the Chief, tags, to document movement and dive
referral. In the letters, NMFS solicits Permits and Conservation Division, at
comments from the Commission and patterns, social and population
the address listed above. Comments may
Councils to the extent either entity is structure, and habitat use. See tables in
also be submitted by facsimile to (301)
interested in providing such comments. the permit amendment application for
713–0376, or by email to
NMFS also indicated to the State of numbers of takes by species, stock and
NMFS.Pr1Comments@noaa.gov. Please
Delaware that the State is entitled to activity. The research would be
include the File No. in the subject line
meet with and present its comments conducted to collect data on population
of the email comment.
directly to NMFS if the State so desires. and genetic variations and habitat use,
Those individuals requesting a public
NMFS intends to make its non- and to monitor behavioral changes
hearing should submit a written request
compliance determination on or about to the Chief, Permits and Conservation during activities associated with U.S.
September 18, 2015, which is 30 days Division at the address listed above. The Navy, renewable energy, oil and gas
after receipt of the Commission’s non- request should set forth the specific exploration and production, and pier-
compliance referral. NMFS will reasons why a hearing on this based construction.
announce its determination by Federal application would be appropriate. In compliance with the National
Register notice immediately thereafter. Environmental Policy Act of 1969 (42
FOR FURTHER INFORMATION CONTACT:
To the extent that NMFS makes an U.S.C. 4321 et seq.), an initial
affirmative non-compliance finding, Carrie Hubard or Courtney Smith, (301)
427–8401. determination has been made that the
NMFS will announce the effective date activity proposed is categorically
of the moratorium in that Federal SUPPLEMENTARY INFORMATION: The
subject amendment to Permit No. 16239 excluded from the requirement to
Register notice. prepare an environmental assessment or
is requested under the authority of the
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Authority: 16 U.S.C. 5101 et seq. environmental impact statement.
Marine Mammal Protection Act of 1972,
Dated: August 21, 2015. as amended (16 U.S.C. 1361 et seq.), the Concurrent with the publication of
Alan D. Risenhoover, regulations governing the taking and this notice in the Federal Register,
Director, Office of Sustainable Fisheries, importing of marine mammals (50 CFR NMFS is forwarding copies of this
National Marine Fisheries Service. part 216), the Endangered Species Act of application to the Marine Mammal
[FR Doc. 2015–21228 Filed 8–26–15; 8:45 am] 1973, as amended (16 U.S.C. 1531 et Commission and its Committee of
BILLING CODE 3510–22–P seq.), and the regulations governing the Scientific Advisors.
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Document Created: 2015-12-15 10:53:33
Document Modified: 2015-12-15 10:53:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of non-compliance referral; request for comments. | |
| Dates | Comments must be submitted by September 11, 2015. NMFS intends to make a determination on this matter by September 18, 2015, and will publish its findings in the Federal Register immediately thereafter. | |
| Contact | Derek Orner, Fishery Management Specialist, NMFS Office of Sustainable Fisheries, (301) 427-8567, [email protected] | |
| FR Citation | 80 FR 52033 | |
| RIN Number | 0648-XE14 |
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