80_FR_74973 80 FR 74744 - Control Date for Trawl Groundfish Fisheries in the Aleutian Islands

80 FR 74744 - Control Date for Trawl Groundfish Fisheries in the Aleutian Islands

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 229 (November 30, 2015)

Page Range74744-74745
FR Document2015-30302

At the request of the North Pacific Fishery Management Council (Council), this document announces a control date of December 31, 2015, that may be used as a reference date for a future management action to limit future access to the offshore sector of the trawl groundfish fisheries in the Aleutian Islands. This date corresponds to the end of the 2015 fishing season in these fisheries. In October 2015, the Council announced its intent to evaluate participation and effort in the offshore sector of the trawl groundfish fisheries in the Aleutian Islands fisheries in response to a public request to consider further limits on access to the fisheries. 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 trawl groundfish fisheries in the Aleutian Islands after the control date may not ensure continued access to those fisheries under a future management action. This document is also intended to discourage speculative entry into the fisheries while the Council considers whether and how access to the fisheries may be further limited under a future management action.

Federal Register, Volume 80 Issue 229 (Monday, November 30, 2015)
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Proposed Rules]
[Pages 74744-74745]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30302]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 151029999-5999-01]
RIN 0648-BF50


Control Date for Trawl Groundfish Fisheries in the Aleutian 
Islands

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

ACTION: Advance notice of proposed rulemaking (ANPR); control date.

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SUMMARY: At the request of the North Pacific Fishery Management Council 
(Council), this document announces a control date of December 31, 2015, 
that may be used as a reference date for a future management action to 
limit future access to the offshore sector of the trawl groundfish 
fisheries in the Aleutian Islands. This date corresponds to the end of 
the 2015 fishing season in these fisheries. In October 2015, the 
Council announced its intent to evaluate participation and effort in 
the offshore sector of the trawl groundfish fisheries in the Aleutian 
Islands fisheries in response to a public request to consider further 
limits on access to the fisheries. 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 trawl groundfish 
fisheries in the Aleutian Islands after the control date may not ensure 
continued access to those fisheries under a future management action. 
This document is also intended to discourage speculative entry into the 
fisheries while the Council considers whether and how access to the 
fisheries may be further limited under a future management action.

DATES: December 31, 2015, shall be known as the control date for the 
offshore sector of the trawl groundfish fisheries in the Aleutian 
Islands and may be used as a reference date for participation in a 
future management action that is consistent with the Council's 
objectives and applicable Federal laws.

ADDRESSES: Please consult the Council's Web site at http://www.npfmc.org/ for information on public participation in the Council's 
decision-making process.

FOR FURTHER INFORMATION CONTACT: Rachel Baker: 907-586-7228 or 
rachel.baker@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
U.S. exclusive economic zone (EEZ) of the Bering Sea and Aleutian 
Islands (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 Federal groundfish 
fisheries with trawl gear in the Aleutian Islands subarea (AI). The AI 
is defined at Sec.  679.2 and shown in Figure 1 to 50 CFR part 679. 
Vessels that participate in the AI trawl groundfish fisheries harvest 
Pacific cod, Atka mackerel, and Pacific Ocean perch.
    Vessels that participate in the offshore sector of the AI trawl 
groundfish fisheries include catcher vessels, catcher/processors, and 
motherships. Catcher vessels participate in the offshore sector by 
delivering groundfish to catcher/processors or motherships for 
processing. Catcher/processors participate in the offshore sector by 
catching and processing groundfish or by receiving and processing 
deliveries of groundfish from catcher vessels. Motherships participate 
in the offshore sector by receiving and processing deliveries of 
groundfish 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 
groundfish fisheries (i.e., vessels that deliver groundfish 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

[[Page 74745]]

groundfish species to sustainably manage the groundfish fisheries in 
the AI. To achieve these objectives, NMFS requires vessel operators 
participating in AI groundfish fisheries to comply with various 
regulatory restrictions, such as fishery closures, to maintain catch 
within specified total allowable catch limits.
    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 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).
    In October 2015, the Council received public testimony from 
participants in the offshore sector of the AI trawl groundfish 
fisheries. These participants indicated that new vessels have entered 
the fisheries in recent years. The testimony indicated that this new 
entry may negatively impact the ability of historical participants to 
maintain groundfish harvests in the AI. After considering this public 
testimony, the Council stated its intent to evaluate methods for 
further limiting access to the offshore sector of the AI trawl 
groundfish fisheries in a future management action. To dampen the 
effect of speculative entry into the offshore sector of the AI trawl 
groundfish fisheries in anticipation of potential future action to 
limit access to the fisheries, the Council announced a control date of 
December 31, 2015. The control date may be used as a reference date for 
a future management action to further limit access to the offshore 
sector of the AI trawl groundfish fisheries. 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 AI 
trawl groundfish fisheries; to provide notice to the public that any 
current or future access to the offshore sector of the AI trawl 
groundfish fisheries may be affected or restricted; and to discourage 
speculative participation and behavior in the fisheries while the 
Council considers whether to initiate a management action to further 
limit access to the fisheries. 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 AI trawl groundfish fisheries. 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 24, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30302 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                    74744                Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Proposed Rules

                                                    FOR FURTHER INFORMATION CONTACT:     For                meeting held on August 26, 2015. The                  DATES:  December 31, 2015, shall be
                                                    information about the meetings, contact                 presentation (day 2, agenda item 8b)                  known as the control date for the
                                                    Cheryl Whetsel by phone at 202–366–                     may be found on the Web site: http://                 offshore sector of the trawl groundfish
                                                    4431 or by email at cheryl.whetsel@                     www.phmsa.dot.gov/pipeline/regs/                      fisheries in the Aleutian Islands and
                                                    dot.gov or for technical contents about                 technical-advisory-comm/meeting/                      may be used as a reference date for
                                                    the proposed rule contact Mike Israni by                august-25-and-26-2015-joint-meeting-                  participation in a future management
                                                    phone at 202–366–4595 or by email at                    gas-and-liquid.                                       action that is consistent with the
                                                    mike.israni@dot.gov.                                      Issued in Washington, DC, on November               Council’s objectives and applicable
                                                    SUPPLEMENTARY INFORMATION:                              23, 2015, under authority delegated in 49             Federal laws.
                                                                                                            CFR 1.97.                                             ADDRESSES: Please consult the Council’s
                                                    I. Meeting Details
                                                                                                            Alan K. Mayberry,                                     Web site at http://www.npfmc.org/ for
                                                       Members of the public may attend                     Deputy Associate Administrator for Policy             information on public participation in
                                                    and make a statement during the                         and Programs.                                         the Council’s decision-making process.
                                                    advisory committee meetings. For a                      [FR Doc. 2015–30208 Filed 11–27–15; 8:45 am]          FOR FURTHER INFORMATION CONTACT:
                                                    better chance to speak at the meetings,                                                                       Rachel Baker: 907–586–7228 or
                                                                                                            BILLING CODE 4910–60–P
                                                    please contact the individual listed                                                                          rachel.baker@noaa.gov.
                                                    under FOR FURTHER INFORMATION
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: NMFS
                                                    CONTACT by December 1, 2015.
                                                                                                            DEPARTMENT OF COMMERCE                                manages the groundfish fisheries in the
                                                    II. Committee Background                                                                                      U.S. exclusive economic zone (EEZ) of
                                                       The GPAC is a statutorily mandated                   National Oceanic and Atmospheric                      the Bering Sea and Aleutian Islands
                                                    committee that advises PHMSA on                         Administration                                        (BSAI) under the Fishery Management
                                                    proposed safety standards, risks                                                                              Plan for Groundfish of the Bering Sea
                                                    assessments, and safety policies for                    50 CFR Part 679                                       and Aleutian Islands Management Area
                                                    natural gas pipelines. The committee                    [Docket No. 151029999–5999–01]                        (FMP). The Council prepared, and
                                                    falls under the Federal Advisory                                                                              NMFS approved, the FMP under the
                                                                                                            RIN 0648–BF50                                         authority of the Magnuson-Stevens
                                                    Committee Act (Pub. L. 92–463, 5 U.S.C.
                                                    App. 1) and is mandated by the pipeline                                                                       Fishery Conservation and Management
                                                                                                            Control Date for Trawl Groundfish
                                                    safety law (49 U.S.C. Chap. 601). The                                                                         Act (Magnuson-Stevens Act), 16 U.S.C.
                                                                                                            Fisheries in the Aleutian Islands
                                                    committee consists of 15 members—                                                                             1801 et seq. Regulations governing U.S.
                                                    with membership evenly divided among                    AGENCY:  National Marine Fisheries                    fisheries and implementing the FMP
                                                    the federal and state government, the                   Service (NMFS), National Oceanic and                  appear at 50 CFR parts 600 and 679.
                                                    regulated industry, and the public. The                 Atmospheric Administration (NOAA),                       This advance notice of proposed
                                                    committee advises PHMSA on technical                    Commerce.                                             rulemaking would apply to owners and
                                                    feasibility, practicability, and cost-                  ACTION: Advance notice of proposed                    operators of vessels that participate in
                                                    effectiveness of each proposed pipeline                 rulemaking (ANPR); control date.                      Federal groundfish fisheries with trawl
                                                    safety standard. PHMSA staff may also                                                                         gear in the Aleutian Islands subarea
                                                    provide an update on several regulatory                 SUMMARY:   At the request of the North                (AI). The AI is defined at § 679.2 and
                                                    and policy initiatives if time allows.                  Pacific Fishery Management Council                    shown in Figure 1 to 50 CFR part 679.
                                                                                                            (Council), this document announces a                  Vessels that participate in the AI trawl
                                                    III. Preliminary Agenda                                 control date of December 31, 2015, that               groundfish fisheries harvest Pacific cod,
                                                       The agenda will include the                          may be used as a reference date for a                 Atka mackerel, and Pacific Ocean perch.
                                                    committee’s discussion and vote on the                  future management action to limit                        Vessels that participate in the offshore
                                                    proposed rule, ‘‘Pipeline Safety:                       future access to the offshore sector of               sector of the AI trawl groundfish
                                                    Expanding the Use of Excess Flow                        the trawl groundfish fisheries in the                 fisheries include catcher vessels,
                                                    Valves in Gas Distribution Systems to                   Aleutian Islands. This date corresponds               catcher/processors, and motherships.
                                                    Applications Other Than Single-Family                   to the end of the 2015 fishing season in              Catcher vessels participate in the
                                                    Residences’’ published in the Federal                   these fisheries. In October 2015, the                 offshore sector by delivering groundfish
                                                    Register on July 15, 2015 (80 FR 41460)                 Council announced its intent to evaluate              to catcher/processors or motherships for
                                                    and on the associated regulatory                        participation and effort in the offshore              processing. Catcher/processors
                                                    analysis and environmental assessment.                  sector of the trawl groundfish fisheries              participate in the offshore sector by
                                                       The NPRM proposes to expand                          in the Aleutian Islands fisheries in                  catching and processing groundfish or
                                                    requirements for the use of excess flow                 response to a public request to consider              by receiving and processing deliveries
                                                    valves beyond certain single-family                     further limits on access to the fisheries.            of groundfish from catcher vessels.
                                                    homes to include additional homes and                   This document is intended to promote                  Motherships participate in the offshore
                                                    small commercial natural gas customers.                 awareness of possible rulemaking and                  sector by receiving and processing
                                                    Further, the NPRM proposes that                         provide notice to the public that any                 deliveries of groundfish from catcher
                                                    manual service line shut-off valves (e.g.,              participation in the offshore sector of               vessels. This advance notice of
                                                    curb valves) be installed on new or                     the trawl groundfish fisheries in the                 proposed rulemaking would not apply
                                                    replaced service lines servicing                        Aleutian Islands after the control date               to owners and operators of trawl catcher
                                                    customers that use large quantities of                  may not ensure continued access to                    vessels that participate in the inshore
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                                                    natural gas, such as industrial facilities.             those fisheries under a future                        sector of the BSAI trawl groundfish
                                                    Excess flow valves or curb valves are                   management action. This document is                   fisheries (i.e., vessels that deliver
                                                    used in natural gas distribution                        also intended to discourage speculative               groundfish to shoreside processors
                                                    pipelines to restrict the flow of gas if a              entry into the fisheries while the                    rather than to catcher/processors or
                                                    line is broken or damaged, limiting the                 Council considers whether and how                     motherships).
                                                    impact of a leak or explosion.’’ An                     access to the fisheries may be further                   The Council and NMFS annually
                                                    informational presentation on EFVs was                  limited under a future management                     establish biological thresholds and
                                                    given to the advisory committee at a                    action.                                               annual total allowable catch limits for


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                                                                         Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Proposed Rules                                                  74745

                                                    groundfish species to sustainably                       indicated that new vessels have entered               provide notice to the public that any
                                                    manage the groundfish fisheries in the                  the fisheries in recent years. The                    current or future access to the offshore
                                                    AI. To achieve these objectives, NMFS                   testimony indicated that this new entry               sector of the AI trawl groundfish
                                                    requires vessel operators participating                 may negatively impact the ability of                  fisheries may be affected or restricted;
                                                    in AI groundfish fisheries to comply                    historical participants to maintain                   and to discourage speculative
                                                    with various regulatory restrictions,                   groundfish harvests in the AI. After                  participation and behavior in the
                                                    such as fishery closures, to maintain                   considering this public testimony, the                fisheries while the Council considers
                                                    catch within specified total allowable                  Council stated its intent to evaluate                 whether to initiate a management action
                                                    catch limits.                                           methods for further limiting access to                to further limit access to the fisheries.
                                                       The Council and NMFS have long                       the offshore sector of the AI trawl                   Any measures the Council considers
                                                    sought to control fishing effort in the                 groundfish fisheries in a future                      may require changes to the FMP. Such
                                                    North Pacific Ocean to ensure that                      management action. To dampen the                      measures may be adopted in a future
                                                    fisheries are conservatively managed                    effect of speculative entry into the                  amendment to the FMP, which would
                                                    and do not exceed established biological                offshore sector of the AI trawl                       include opportunity for further public
                                                    thresholds. One of the measures used by                 groundfish fisheries in anticipation of               participation and comment.
                                                    the Council and NMFS is the license                     potential future action to limit access to               NMFS encourages public
                                                    limitation program (LLP), which limits                  the fisheries, the Council announced a                participation in the Council’s
                                                    access to the groundfish, crab, and                     control date of December 31, 2015. The                consideration of a management action to
                                                    scallop fisheries in the BSAI and the                   control date may be used as a reference               further limit access to the offshore
                                                    Gulf of Alaska. The LLP is intended to                  date for a future management action to                sector of the AI trawl groundfish
                                                    limit entry into federally managed                      further limit access to the offshore                  fisheries. Please consult the Council’s
                                                    fisheries. For groundfish, the LLP                      sector of the AI trawl groundfish                     Web site at http://www.npfmc.org/ for
                                                    requires that persons hold and assign a                 fisheries. The Council clarified that the             information on public participation in
                                                    license to each vessel that is used to fish             control date would not obligate the                   the Council’s decision-making process.
                                                    in federally managed fisheries, with                    Council to use this control date in any                  This notification and control date do
                                                    some limited exemptions. The preamble                   future management action. Further, the                not impose any legal obligations,
                                                    to the final rule implementing the                      control date would not obligate the                   requirements, or expectations.
                                                    groundfish LLP provides a more                          Council to take any action or prevent                   Authority: 16 U.S.C. 1801 et seq.
                                                    detailed explanation of the rationale for               the Council from selecting another
                                                    specific provisions in the LLP (October                 control date. Accordingly, this                         Dated: November 24, 2015.
                                                    1, 1998; 63 FR 52642).                                  document is intended to promote                       Eileen Sobeck,
                                                       In October 2015, the Council received                awareness that the Council may develop                Assistant Administrator for Fisheries,
                                                    public testimony from participants in                   a future management action to achieve                 National Marine Fisheries Service.
                                                    the offshore sector of the AI trawl                     its objectives for the offshore sector of             [FR Doc. 2015–30302 Filed 11–27–15; 8:45 am]
                                                    groundfish fisheries. These participants                the AI trawl groundfish fisheries; to                 BILLING CODE 3510–22–P
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Document Created: 2018-03-01 11:12:24
Document Modified: 2018-03-01 11:12:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPR); control date.
DatesDecember 31, 2015, shall be known as the control date for the offshore sector of the trawl groundfish fisheries in the Aleutian Islands and may be used as a reference date for participation in a future management action that is consistent with the Council's objectives and applicable Federal laws.
ContactRachel Baker: 907-586-7228 or [email protected]
FR Citation80 FR 74744 
RIN Number0648-BF50

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