80 FR 72408 - Control Date for the Trawl Limited Access Fishery for Yellowfin Sole in the Bering Sea and Aleutian Islands
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 223 (November 19, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 223 (November 19, 2015)
| Page Range | 72408-72409 | |
| FR Document | 2015-29535 |
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)] [Proposed Rules] [Pages 72408-72409] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29535] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 151027997-5997-01] RIN 0648-BF48 Control Date for the Trawl Limited Access Fishery for Yellowfin Sole in the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking (ANPR); control date. ----------------------------------------------------------------------- SUMMARY: At the request of the North Pacific Fishery Management Council (Council), this document announces a control date of October 13, 2015, that may be used as a reference date for a future management action to limit future access to the offshore sector of the Bering Sea and Aleutian Islands (BSAI) trawl limited access fishery for yellowfin sole. This date corresponds to the date the Council announced its intent to evaluate participation and effort in response to a public request to consider further limits on access to the offshore sector of the BSAI trawl limited access fishery for yellowfin sole. This document is intended to promote awareness of possible rulemaking and provide notice to the public that any participation in the offshore sector of the BSAI trawl limited access fishery for yellowfin sole after the control date may not ensure continued access to that fishery under a future management action. This document is also intended to discourage speculative entry into the fishery while the Council considers whether and how access to the fishery may be further limited under a future management action. DATES: October 13, 2015, shall be known as the control date for the offshore sector of the BSAI trawl limited access fishery for yellowfin sole and may be used as a reference for participation in a future management action that is consistent with the Council's objectives and applicable Federal laws. FOR FURTHER INFORMATION CONTACT: Rachel Baker: 907-586-7228 or [email protected]. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the U.S. exclusive economic zone (EEZ) of the BSAI under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The Council prepared, and NMFS approved, the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 679. This advance notice of proposed rulemaking would apply to owners and operators of vessels that participate in the Federal fishery for yellowfin sole with trawl gear in the offshore sector of the BSAI. The BSAI is defined at Sec. 679.2 and shown in Figure 1 to 50 CFR part 679. Vessels that participate in the offshore sector of the BSAI trawl limited access fishery for yellowfin sole include catcher vessels, catcher/processors, and motherships. Catcher vessels participate in the offshore sector by delivering yellowfin sole to catcher/processors or motherships for processing. Catcher/processors participate in the offshore sector by catching and processing yellowfin sole or by receiving and processing deliveries of yellowfin sole from catcher vessels. Motherships participate in the offshore sector by receiving and processing deliveries of yellowfin sole from catcher vessels. This advance notice of proposed rulemaking would not apply to owners and operators of trawl catcher vessels that participate in the inshore sector of the BSAI trawl limited access fishery for yellowfin sole, i.e., vessels that deliver yellowfin sole to shoreside processors rather than to catcher/processors or motherships. The Council and NMFS annually establish biological thresholds and annual total allowable catch limits for groundfish species, such as yellowfin sole, to sustainably manage the groundfish fisheries in the BSAI. To achieve these objectives, NMFS requires vessel operators participating in BSAI groundfish fisheries to comply with various regulatory restrictions, such as fishery closures, to maintain catch within specified total allowable catch limits. The BSAI groundfish fishery restrictions also include prohibited species catch (PSC) limits for Pacific halibut that generally require halibut to be discarded when harvested. When harvest of halibut PSC reaches the specified halibut PSC limit for that fishery, NMFS closes directed fishing for the target groundfish species, even if the total allowable catch limit for that species has not been harvested. The Council and NMFS have long sought to control fishing effort in the North Pacific Ocean to ensure that fisheries are conservatively managed and do not exceed established biological [[Page 72409]] thresholds. One of the measures used by the Council and NMFS is the license limitation program (LLP) which limits access to the groundfish, crab, and scallop fisheries in the BSAI and the Gulf of Alaska. The LLP is intended to limit entry into federally managed fisheries. For groundfish, the LLP requires that persons hold and assign a license to each vessel that is used to fish in federally managed fisheries, with some limited exemptions. The preamble to the final rule implementing the groundfish LLP provides a more detailed explanation of the rationale for specific provisions in the LLP (October 1, 1998; 63 FR 52642). On October 13, 2015, the Council received public testimony from participants in the offshore sector of the BSAI trawl limited access fishery for yellowfin sole. These participants indicated that several new vessels entered the fishery during 2015. The testimony indicated that this new entry may negatively impact the ability of historical participants to maintain yellowfin sole harvests and may increase halibut PSC in the fishery. After considering this public testimony, the Council stated its intent to evaluate participation and effort in the BSAI trawl limited access fishery for yellowfin sole in response to a potential need to limit entry in the offshore sector of that fishery. To dampen the effect of speculative entry into the offshore sector of the BSAI trawl limited access fishery for yellowfin sole in anticipation of potential future action to further limit access to the fishery, the Council announced a control date of October 13, 2015. The control date may be used as a reference date for a future management action to further limit access to the offshore trawl limited access fishery for yellowfin sole in the BSAI. The Council clarified that the control date would not obligate the Council to use this control date in any future management action. Further, the control date would not obligate the Council to take any action or prevent the Council from selecting another control date. Accordingly, this document is intended to promote awareness that the Council may develop a future management action to achieve its objectives for the offshore sector of the BSAI trawl limited access fishery for yellowfin sole; to provide notice to the public that any current or future access to the offshore sector of the BSAI trawl limited access fishery for yellowfin sole may be affected or restricted; and to discourage speculative participation and behavior in the fishery while the Council considers whether to initiate a management action to further limit access to the fishery. Any measures the Council considers may require changes to the FMP. Such measures may be adopted in a future amendment to the FMP, which would include opportunity for further public participation and comment. NMFS encourages public participation in the Council's consideration of a management action to further limit access to the offshore sector of the BSAI trawl limited access fishery for yellowfin sole. Please consult the Council's Web site at http://www.npfmc.org/ for information on public participation in the Council's decision-making process. This notification and control date do not impose any legal obligations, requirements, or expectations. Authority: 16 U.S.C. 1801 et seq. Dated: November 16, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015-29535 Filed 11-18-15; 8:45 am] BILLING CODE 3510-22-P
![72408 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules
• is certified as not having a DEPARTMENT OF COMMERCE prepared, and NMFS approved, the FMP
significant economic impact on a under the authority of the Magnuson-
substantial number of small entities National Oceanic and Atmospheric Stevens Fishery Conservation and
under the Regulatory Flexibility Act (5 Administration Management Act (Magnuson-Stevens
U.S.C. 601 et seq.); Act), 16 U.S.C. 1801 et seq. Regulations
50 CFR Part 679 governing U.S. fisheries and
• does not contain any unfunded
[Docket No. 151027997–5997–01] implementing the FMP appear at 50
mandate or significantly or uniquely CFR parts 600 and 679.
affect small governments, as described RIN 0648–BF48 This advance notice of proposed
in the Unfunded Mandates Reform Act rulemaking would apply to owners and
of 1995 (Pub. L. 104–4); Control Date for the Trawl Limited operators of vessels that participate in
• does not have Federalism Access Fishery for Yellowfin Sole in the Federal fishery for yellowfin sole
the Bering Sea and Aleutian Islands with trawl gear in the offshore sector of
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, AGENCY: National Marine Fisheries the BSAI. The BSAI is defined at § 679.2
1999); Service (NMFS), National Oceanic and and shown in Figure 1 to 50 CFR part
Atmospheric Administration (NOAA), 679.
• is not an economically significant Vessels that participate in the offshore
regulatory action based on health or Commerce.
sector of the BSAI trawl limited access
safety risks subject to Executive Order ACTION: Advance notice of proposed
fishery for yellowfin sole include
13045 (62 FR 19885, April 23, 1997); rulemaking (ANPR); control date.
catcher vessels, catcher/processors, and
• is not a significant regulatory action SUMMARY: At the request of the North motherships. Catcher vessels participate
subject to Executive Order 13211 (66 FR Pacific Fishery Management Council in the offshore sector by delivering
28355, May 22, 2001); (Council), this document announces a yellowfin sole to catcher/processors or
control date of October 13, 2015, that motherships for processing. Catcher/
• is not subject to requirements of processors participate in the offshore
Section 12(d) of the National may be used as a reference date for a
future management action to limit sector by catching and processing
Technology Transfer and Advancement yellowfin sole or by receiving and
future access to the offshore sector of
Act of 1995 (15 U.S.C. 272 note) because processing deliveries of yellowfin sole
the Bering Sea and Aleutian Islands
application of those requirements would (BSAI) trawl limited access fishery for from catcher vessels. Motherships
be inconsistent with the CAA; and yellowfin sole. This date corresponds to participate in the offshore sector by
• does not provide EPA with the the date the Council announced its receiving and processing deliveries of
discretionary authority to address, as intent to evaluate participation and yellowfin sole from catcher vessels. This
appropriate, disproportionate human effort in response to a public request to advance notice of proposed rulemaking
health or environmental effects, using consider further limits on access to the would not apply to owners and
practicable and legally permissible offshore sector of the BSAI trawl limited operators of trawl catcher vessels that
access fishery for yellowfin sole. This participate in the inshore sector of the
methods, under Executive Order 12898
document is intended to promote BSAI trawl limited access fishery for
(59 FR 7629, February 16, 1994).
awareness of possible rulemaking and yellowfin sole, i.e., vessels that deliver
In addition, this action proposing yellowfin sole to shoreside processors
provide notice to the public that any
approval of the District of Columbia rather than to catcher/processors or
participation in the offshore sector of
regulation to limit NOX emissions from the BSAI trawl limited access fishery for motherships.
non-EGUs subject to the NOX SIP Call The Council and NMFS annually
yellowfin sole after the control date may
and approval of a related definition and establish biological thresholds and
not ensure continued access to that
abbreviation, does not have tribal annual total allowable catch limits for
fishery under a future management
implications as specified by Executive groundfish species, such as yellowfin
action. This document is also intended
Order 13175 (65 FR 67249, November 9, sole, to sustainably manage the
to discourage speculative entry into the
2000), because the SIP is not approved groundfish fisheries in the BSAI. To
fishery while the Council considers
to apply in Indian country located in the achieve these objectives, NMFS requires
whether and how access to the fishery
state, and EPA notes that it will not vessel operators participating in BSAI
may be further limited under a future
groundfish fisheries to comply with
impose substantial direct costs on tribal management action.
various regulatory restrictions, such as
governments or preempt tribal law. DATES: October 13, 2015, shall be known fishery closures, to maintain catch
List of Subjects in 40 CFR Part 52 as the control date for the offshore within specified total allowable catch
sector of the BSAI trawl limited access limits. The BSAI groundfish fishery
Environmental protection, Air fishery for yellowfin sole and may be restrictions also include prohibited
pollution control, Incorporation by used as a reference for participation in species catch (PSC) limits for Pacific
reference, Intergovernmental relations, a future management action that is halibut that generally require halibut to
Nitrogen dioxide, Ozone, Reporting and consistent with the Council’s objectives be discarded when harvested. When
recordkeeping requirements. and applicable Federal laws. harvest of halibut PSC reaches the
FOR FURTHER INFORMATION CONTACT: specified halibut PSC limit for that
Authority: 42 U.S.C. 7401 et seq.
Rachel Baker: 907–586–7228 or fishery, NMFS closes directed fishing
rmajette on DSK2TPTVN1PROD with PROPOSALS
Dated: November 6, 2015. rachel.baker@noaa.gov. for the target groundfish species, even if
Shawn M. Garvin, SUPPLEMENTARY INFORMATION: NMFS the total allowable catch limit for that
Regional Administrator, Region III. manages the groundfish fisheries in the species has not been harvested. The
[FR Doc. 2015–29369 Filed 11–18–15; 8:45 am] U.S. exclusive economic zone (EEZ) of Council and NMFS have long sought to
the BSAI under the Fishery control fishing effort in the North
BILLING CODE 6560–50–P
Management Plan for Groundfish of the Pacific Ocean to ensure that fisheries are
Bering Sea and Aleutian Islands conservatively managed and do not
Management Area (FMP). The Council exceed established biological
VerDate Sep<11>2014 14:08 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\19NOP1.SGM 19NOP1](https://thefederalregister.org/doc/80_FR_72631/page/1.svg)
![Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules 72409
thresholds. One of the measures used by yellowfin sole in response to a potential behavior in the fishery while the
the Council and NMFS is the license need to limit entry in the offshore sector Council considers whether to initiate a
limitation program (LLP) which limits of that fishery. To dampen the effect of management action to further limit
access to the groundfish, crab, and speculative entry into the offshore access to the fishery. Any measures the
scallop fisheries in the BSAI and the sector of the BSAI trawl limited access Council considers may require changes
Gulf of Alaska. The LLP is intended to fishery for yellowfin sole in anticipation to the FMP. Such measures may be
limit entry into federally managed of potential future action to further limit adopted in a future amendment to the
fisheries. For groundfish, the LLP access to the fishery, the Council FMP, which would include opportunity
requires that persons hold and assign a announced a control date of October 13, for further public participation and
license to each vessel that is used to fish 2015. The control date may be used as comment.
in federally managed fisheries, with a reference date for a future NMFS encourages public
some limited exemptions. The preamble management action to further limit participation in the Council’s
to the final rule implementing the access to the offshore trawl limited consideration of a management action to
groundfish LLP provides a more access fishery for yellowfin sole in the further limit access to the offshore
detailed explanation of the rationale for BSAI. The Council clarified that the
sector of the BSAI trawl limited access
specific provisions in the LLP (October control date would not obligate the
fishery for yellowfin sole. Please consult
1, 1998; 63 FR 52642). Council to use this control date in any
the Council’s Web site at http://www.
On October 13, 2015, the Council future management action. Further, the
npfmc.org/ for information on public
received public testimony from control date would not obligate the
participation in the Council’s decision-
participants in the offshore sector of the Council to take any action or prevent
making process.
BSAI trawl limited access fishery for the Council from selecting another
yellowfin sole. These participants control date. Accordingly, this This notification and control date do
indicated that several new vessels document is intended to promote not impose any legal obligations,
entered the fishery during 2015. The awareness that the Council may develop requirements, or expectations.
testimony indicated that this new entry a future management action to achieve Authority: 16 U.S.C. 1801 et seq.
may negatively impact the ability of its objectives for the offshore sector of
the BSAI trawl limited access fishery for Dated: November 16, 2015.
historical participants to maintain
yellowfin sole harvests and may yellowfin sole; to provide notice to the Samuel D. Rauch III,
increase halibut PSC in the fishery. public that any current or future access Deputy Assistant Administrator for
After considering this public to the offshore sector of the BSAI trawl Regulatory Programs, National Marine
testimony, the Council stated its intent limited access fishery for yellowfin sole Fisheries Service.
to evaluate participation and effort in may be affected or restricted; and to [FR Doc. 2015–29535 Filed 11–18–15; 8:45 am]
the BSAI trawl limited access fishery for discourage speculative participation and BILLING CODE 3510–22–P
rmajette on DSK2TPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 14:08 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 E:\FR\FM\19NOP1.SGM 19NOP1](https://thefederalregister.org/doc/80_FR_72631/page/2.svg)
Document Created: 2015-12-14 13:57:01
Document Modified: 2015-12-14 13:57:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking (ANPR); control date. | |
| Dates | October 13, 2015, shall be known as the control date for the offshore sector of the BSAI trawl limited access fishery for yellowfin sole and may be used as a reference for participation in a future management action that is consistent with the Council's objectives and applicable Federal laws. | |
| Contact | Rachel Baker: 907-586-7228 or [email protected] | |
| FR Citation | 80 FR 72408 | |
| RIN Number | 0648-BF48 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR