81_FR_14870 81 FR 14817 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Recreational Management Measures

81 FR 14817 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Recreational Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range14817-14820
FR Document2016-06179

This action corrects an error in the Gulf of Maine haddock closed season in the proposed rule to implement 2016 recreational groundfish management measures for Gulf of Maine cod and haddock. NMFS is also extending the public comment period to provide additional time for the public to submit comments on the corrected measure.

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14817-14820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06179]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160120042-6042-01]
RIN 0648-BF69


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Recreational Management Measures

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

ACTION: Supplemental notice of proposed rulemaking; extension of 
comment period.

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

SUMMARY: This action corrects an error in the Gulf of Maine haddock 
closed season in the proposed rule to implement 2016 recreational 
groundfish management measures for Gulf of Maine cod and haddock. NMFS 
is also extending the public comment period to provide additional time 
for the public to submit comments on the corrected measure.

DATES: The public comment period for the proposed rule published at 81 
FR 11168, March 3, 2016, is extended from March 18, 2016, to March 25, 
2016. Comments must be received no later than March 25, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0011, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to http://www.regulations.gov/#!submitComment;D=NOAA-NMFS-
2016-0011-0001.
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    --OR--
    Mail: Submit written comments to: John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on groundfish recreational fishing management measures.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record

[[Page 14818]]

and will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous).
    In support of the proposed action, NMFS prepared a supplemental 
environmental assessment (EA) to Framework Adjustment 55 to the 
Northeast Multispecies Fishery Management Plan. The Framework 55 EA was 
prepared by the New England Fishery Management Council. Copies of the 
Framework 55 EA and supplemental EA are available from: John K. 
Bullard, Regional Administrator, National Marine Fisheries Service, 55 
Great Republic Drive, Gloucester, MA 01930. The Framework 55 EA and 
supplement are also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst, 
phone: 978-281-9145; email: [email protected].

SUPPLEMENTARY INFORMATION:

Proposed Modifications to Recreational Management Measures

    On March 3, 2016, NMFS published a proposed rule in the Federal 
Register (81 FR 11168) to increase recreational fishing opportunities 
for Gulf of Maine (GOM) cod and haddock starting May 1, 2016. The 
proposed changes would allow anglers to retain one cod per day during 
the months of August and September, and retain up to 15 haddock per day 
for most of the fishing year.

Need for Modification

    NMFS intended to propose measures that were recommended by the New 
England Fishery Management Council. However, the proposed rule 
contained errors in the dates that GOM haddock possession would be 
prohibited. The New England Fishery Management Council recommended that 
haddock possession be prohibited in the GOM from March 1 through April 
14, but NMFS inadvertently proposed a closed season from April 15 
through April 30. Only the dates in the proposed rule and supplemental 
EA were incorrect. All of the information and analysis in the rule and 
supplemental EA were based on the correct dates and, therefore, are 
unaffected by this error. The final supplemental EA also will include 
the corrected dates. Table 1 in this rule summarizes the corrected 
proposed measures compared to the current fishing year 2015 measures.

                               Table 1--Corrected Proposed Changes to GOM Cod and Haddock Recreational Management Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Current 2015 measures                                       Proposed 2016 measures
                                ------------------------------------------------------------------------------------------------------------------------
                                     Per day                                                      Per day
             Stock                 possession                         Season when possession    possession                        Season when possession
                                   limit (fish    Minimum fish size        is permitted         limit (fish    Minimum fish size       is permitted
                                   per angler)                                                  per angler)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod........................                Possession Prohibited Year-Round                            1  24 inches (61.0     August 1-September 30.
                                                                                                               cm).
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Haddock....................               3  17 inches (43.2     May 1, 2015-August 31,               15  17 inches (43.2     Year Round Except
                                                  cm).                2015 and November 1,                     cm).                March 1-April 14.
                                                                      2015-February 29, 2016.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort
  regulations if the prohibition is removed.

    The proposed rule published March 3, 2016 (81 FR 11168), contained 
additional detail on the recent stock assessments and the increase to 
recreational catch limits for GOM cod and GOM haddock that are included 
in Framework Adjustment 55; the bio-economic model used to estimate 
2016 recreational GOM cod and haddock mortality under various 
combinations of minimum sizes, possession limits, and closed seasons; 
and how management alternatives and the proposed measures were 
developed (see ADDRESSES). That information is not repeated here. 
Additional information and analyses on these alternatives is included 
in a supplemental Environmental Assessment (see ADDRESSES). Table 2 in 
this rule compares the estimated fishing year 2016 mortality of GOM cod 
and GOM haddock by the corrected management alternatives.

                                           Table 2--Estimated Fishing Year 2016 Mortality of GOM Cod and Haddock by Corrected Management Alternative*
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Haddock                                                               Cod
                                         ----------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Total                                                             Total
               Alternative                            Size                                  Total    mortality              Size                              Total    mortality   Angler trips
                                             Bag      limit           Open season         mortality      as        Bag      limit         Open season       mortality      as
                                            limit    (in/cm)                                 (mt)     percent     limit    (in/cm)                             (mt)     percent
                                                                                                      of quota                                                          of quota
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Current Recreational Measures...........         3   17/43.2  Waves 3, 4, 6, 1..........        405         44         0       n/a  Closed................         66         42         117,139
2016 RAP Recommendation.................        15   17/43.2  All year, except March 1-         709         76         1   24/61.0  Jul--Aug..............        132         84         168,125
                                                               April 14.
2016 Committee Recommendation...........        15   17/43.2  All year, except March 1-         707         76         1   24/61.0  Sept--Oct.............        114         73         167,549
                                                               April 14.
2016 Council Recommendation.............        15   17/43.2  All year, except March 1-     707-709         76         1   24/61.0  Aug--Sept.............    114-132      73-84  167,549-168,12
                                                               April 14.                                                                                                                       5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM haddock
  recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.


[[Page 14819]]

Public Comment Extension

    The public comment period for the original proposed rule ends on 
March 18, 2016. We provided a 15-day comment period for this rule 
which, coupled with extensive public comment periods at three different 
Council-related meetings during the development of this action, would 
provide sufficient opportunity for public input on the proposed 
measures. Because of the need to correct an error in the proposed rule, 
we have extended the comment period for an additional 7 days until 
March 25, 2016, to allow public comment on the corrected measures. 
These measures need to be in effect on May 1, 2016, and recreational 
fishing businesses and fishermen are currently scheduling fishing 
trips. This correction will provide them with additional information to 
assist their planning efforts. Because the proposed measures would 
increase fishing opportunities, announcing a final decision on these 
measures quickly will provide additional support to recreational 
fishing businesses.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 14, 2016.
 Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648, as 
published at 81 FR 11168, March 3, 2016, is proposed to be further 
amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.89, revise paragraphs (c)(1)(ii), (c)(2), and (c)(8) to 
read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Each person on a private recreational fishing vessel, fishing 
from August 1 through September 30, may possess no more than one cod 
per day in, or harvested from, the EEZ when fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1); with the exception 
that each person on a private recreational vessel in possession of cod 
caught outside the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1) may transit this area with more than one such cod per 
person up to the possession limit specified at Sec.  648.89(c)(1)(i), 
provided all bait and hooks are removed from fishing rods and any cod 
on board has been gutted and stored.
* * * * *
    (2) Charter or party vessels. (i) Each person on a charter/party 
fishing vessel permitted under this part and not fishing under a NE 
multispecies DAS program or on a sector trip may possess unlimited cod 
when fishing outside of the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1).
    (ii) Each person on a charter or party vessel permitted under this 
part, fishing from August 1 through September 30, and not fishing under 
the NE multispecies DAS program or on a sector trip, may possess no 
more than one cod per day in the GOM Regulated Mesh Area specified in 
Sec.  648.80(a)(1); with the exception that each person on a charter or 
party vessel in possession of cod caught outside the GOM Regulated Mesh 
Area specified in Sec.  648.80(a)(1) may transit this area with more 
than one such cod up to any possession limit under Sec.  
648.89(c)(2)(ii), provided all bait and hooks are removed from fishing 
rods and any cod on board has been gutted and stored.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod harvested by a charter or party vessel with more than one 
person aboard may be pooled in one or more containers. Compliance with 
the possession limits will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limits on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (v) Cod must be stored so as to be readily available for 
inspection.
* * * * *
    (8) Haddock--(i) Outside the Gulf of Maine--(A) Private 
recreational vessels. Each person on a private recreational vessel may 
possess unlimited haddock in, or harvested from, the EEZ when fishing 
outside of the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (B) Charter or party vessels. Each person on a charter or party 
fishing vessel permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may possess unlimited 
haddock in, or harvested from, the EEZ when fishing outside of the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (ii) Gulf of Maine--(A) Private recreational vessels. Each person 
on a private recreational vessel in possession of haddock caught 
outside the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1) may 
transit this area with more than the GOM haddock possession limit 
specified at Sec.  648.89(c)(8)(ii) up to the possession limit 
specified at Sec.  648.89(c)(8)(i), provided all bait and hooks are 
removed from fishing rods and any haddock on board has been gutted and 
stored.
    (1) May through February. Each person on a private recreational 
fishing vessel, fishing from May 1 through February 28 (February 29 in 
leap years), may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1), persons aboard private 
recreational fishing vessels may not fish for or possess any haddock 
from March 1 through April 14.
    (3) April 15 through April 30. Each person on a private 
recreational fishing vessel, fishing from April 15 through April 30, 
may possess no more than 15 haddock per day in, or harvested from, the 
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1).
    (B) Charter or party vessels. Each person on a charter or party 
fishing vessel permitted under this part, and not fishing under a NE 
multispecies DAS program or on a sector trip, in possession of haddock 
caught outside the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1) may transit this area with more than GOM haddock 
possession limit per person up to the possession limit specified at 
Sec.  648.89(c)(8)(i), provided all bait and hooks are removed from 
fishing rods and any haddock on board has been gutted and stored.
    (1) May through February. Each person on a charter or party fishing 
vessel permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from May 1 
through February 28 (or 29 in leap years), may possess no more than 15 
haddock per day in, or harvested from, the EEZ when fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated 
Mesh

[[Page 14820]]

Area specified in Sec.  648.80(a)(1), persons aboard a charter or party 
fishing vessel permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may not fish for or 
possess any haddock from March 1 through April 14.
    (3) April 15 through April 30. Each person on a charter or party 
fishing vessel permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from April 15 
through April 30, may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Haddock harvested in or from the EEZ by private recreational 
fishing boats or charter or party boats with more than one person 
aboard may be pooled in one or more containers. Compliance with the 
possession limit will be determined by dividing the number of fish on 
board by the number of persons on board. If there is a violation of the 
possession limit on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (v) Haddock must be stored so as to be readily available for 
inspection.
* * * * *
[FR Doc. 2016-06179 Filed 3-17-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules                                         14817

                                                      (CAL–BF–1) and one grab sample of off-                  process and to provide general                        DEPARTMENT OF COMMERCE
                                                      site topsoil (CA–TPSL–01) were                          information about the site and its
                                                      collected to confirm that the backfill                  contamination.                                        National Oceanic and Atmospheric
                                                      material and topsoil did not contain                                                                          Administration
                                                      contaminants above levels of concern.                   Determination That the Criteria for
                                                      The samples were analyzed for VOCs,                     Deletion Have Been Met                                50 CFR Part 648
                                                      SVOCs, and metals (arsenic, barium,
                                                                                                                 In accordance with 40 CFR                          [Docket No. 160120042–6042–01]
                                                      cadmium, chromium, lead, mercury,
                                                                                                              300.425(e), Region 7 of the EPA finds                 RIN 0648–BF69
                                                      selenium, and silver). Laboratory results
                                                      demonstrated that the backfill and                      that the Callahan property, OU3 of the
                                                      topsoil samples did not contain any                     Ellisville Superfund site (the subject of             Magnuson-Stevens Fishery
                                                      contaminants above current EPA RSLs.                    this deletion) meets the substantive                  Conservation and Management Act
                                                         Following completion of backfilling,                 criteria for partial NPL deletions.                   Provisions; Fisheries of the
                                                      the site was restored in accordance with                Activities at the Callahan property were              Northeastern United States; Northeast
                                                      verbal agreements between the EPA and                   completed consistent with the Action                  Groundfish Fishery; Recreational
                                                      the property owner. The excavated area                  Memo and the Statement of Work, and                   Management Measures
                                                      was completed with a swale that                         the EPA policies and procedures. The                  AGENCY:  National Marine Fisheries
                                                      included rip-rap to serve as a drainage                 EPA analytical methods were used for                  Service (NMFS), National Oceanic and
                                                      route, while the remaining portion of                   all investigations, including                         Atmospheric Administration (NOAA),
                                                      the site property was restored by hydro-                confirmation sampling and various                     Commerce.
                                                      seeding. The swale was approximately 8                  levels of data validation as appropriate.             ACTION: Supplemental notice of
                                                      feet wide by 150 feet long, and the rock                The QA/QC program was rigorous and
                                                      used for rip-rap was 6 to 8 inch Gabien                                                                       proposed rulemaking; extension of
                                                                                                              in conformance with the EPA standards.                comment period.
                                                      stone. Following completion of site                     The EPA has determined that all
                                                      restoration activities, the removal action              analytical results were accurate to the               SUMMARY:   This action corrects an error
                                                      was considered complete.                                                                                      in the Gulf of Maine haddock closed
                                                                                                              degree necessary to assure satisfactory
                                                      Cleanup Levels                                          execution of the investigation and                    season in the proposed rule to
                                                                                                              removal activities. All confirmation                  implement 2016 recreational groundfish
                                                        The cleanup levels for the Callahan
                                                                                                              analytical results for soil samples were              management measures for Gulf of Maine
                                                      RA were the current EPAs RSLs. The
                                                                                                              compared to the current EPA RSLs. All                 cod and haddock. NMFS is also
                                                      process used during the RA was to
                                                                                                              results were below the EPA RSLs except                extending the public comment period to
                                                      excavate all visibly stained and/or
                                                                                                              those for arsenic; however, all arsenic               provide additional time for the public to
                                                      odorous soils then field screen the
                                                                                                                                                                    submit comments on the corrected
                                                      excavation walls using an XRF and a                     results were below the average
                                                                                                                                                                    measure.
                                                      PID. Once completed, confirmation soil                  concentration of 10.561 ppm for St.
                                                      samples were collected and submitted                    Louis County soils (USGS 2012).                       DATES:  The public comment period for
                                                      for analysis to ensure that all                                                                               the proposed rule published at 81 FR
                                                      contaminants above RSLs had been                        List of Subjects in 40 CFR Part 300                   11168, March 3, 2016, is extended from
                                                      excavated and removed from the site.                                                                          March 18, 2016, to March 25, 2016.
                                                                                                                Environmental protection, Air
                                                      Once the confirmation analytical results                                                                      Comments must be received no later
                                                                                                              pollution control, Chemicals, Hazardous
                                                      confirmed that levels were below RSLs,                                                                        than March 25, 2016.
                                                                                                              waste, Hazardous substances,
                                                      the excavated area was backfilled with                                                                        ADDRESSES: You may submit comments
                                                                                                              Intergovernmental relations, Penalties,
                                                      clean material.                                                                                               on this document, identified by NOAA–
                                                                                                              Reporting and recordkeeping
                                                                                                                                                                    NMFS–2016–0011, by either of the
                                                      Community Involvement                                   requirements, Superfund, Water
                                                                                                                                                                    following methods:
                                                        The EPA has worked extensively with                   pollution control, Water supply.                        Electronic Submission: Submit all
                                                      the Wildwood community through a                          Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.          electronic public comments via the
                                                      variety of communication vehicles                       9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,            Federal e-Rulemaking Portal.
                                                      including but not limited to local                      1991 Comp., p.351; E.O. 12580, 52 FR 2923,              1. Go to http://www.regulations.gov/
                                                      speaking engagements, city council                      3 CFR, 1987 Comp., p.193.                             #!submitComment;D=NOAA-NMFS-
                                                      meetings, conducting public meetings,                                                                         2016-0011-0001.
                                                                                                                Dated: February 26, 2016.
                                                      coverage on radio, television, and in                                                                           2. Click the ‘‘Comment Now!’’ icon,
                                                      local and national newspapers. The EPA                  Mark Hague,
                                                                                                                                                                    complete the required fields, and
                                                      also prepared letters and fact sheets that              Regional Administrator, Region 7.                       3. Enter or attach your comments.
                                                      were distributed to mailing list                        [FR Doc. 2016–06221 Filed 3–17–16; 8:45 am]             —OR—
                                                      recipients as well as hand-distributed to               BILLING CODE 6560–50–P                                  Mail: Submit written comments to:
                                                      residences including information on the                                                                       John K. Bullard, Regional
                                                      EPA Web site.                                                                                                 Administrator, National Marine
                                                        The EPA has been performing                                                                                 Fisheries Service, 55 Great Republic
                                                      outreach to Wildwood citizens, elected                                                                        Drive, Gloucester, MA 01930. Mark the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      officials, the media, and others since                                                                        outside of the envelope, ‘‘Comments on
                                                      becoming involved in the project in                                                                           groundfish recreational fishing
                                                      1980 in an effort to convey information                                                                       management measures.’’
                                                      about the hazards and activities of the                                                                         Instructions: Comments sent by any
                                                      Site. The EPA has participated in                                                                             other method, to any other address or
                                                      numerous formal and informal meetings                                                                         individual, or received after the end of
                                                      to explain the EPA’s role and                                                                                 the comment period, may not be
                                                      commitment in Wildwood to convey                                                                              considered by NMFS. All comments
                                                      information about the Superfund                                                                               received are a part of the public record


                                                 VerDate Sep<11>2014   16:28 Mar 17, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\18MRP1.SGM   18MRP1


                                                      14818                          Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules

                                                      and will generally be posted for public                                The Framework 55 EA and supplement                                              Need for Modification
                                                      viewing on www.regulations.gov                                         are also accessible via the Internet at:                                           NMFS intended to propose measures
                                                      without change. All personal identifying                               http://                                                                         that were recommended by the New
                                                      information (e.g., name, address, etc.),                               www.greateratlantic.fisheries.noaa.gov/                                         England Fishery Management Council.
                                                      confidential business information, or                                  sustainable/species/multispecies/.                                              However, the proposed rule contained
                                                      otherwise sensitive information                                                                                                                        errors in the dates that GOM haddock
                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                      submitted voluntarily by the sender will                                                                                                               possession would be prohibited. The
                                                                                                                             Mark Grant, Sector Policy Analyst,
                                                      be publicly accessible. NMFS will                                                                                                                      New England Fishery Management
                                                                                                                             phone: 978–281–9145; email:
                                                      accept anonymous comments (enter                                                                                                                       Council recommended that haddock
                                                                                                                             Mark.Grant@noaa.gov.
                                                      ‘‘N/A’’ in the required fields if you wish                                                                                                             possession be prohibited in the GOM
                                                      to remain anonymous).                                                  SUPPLEMENTARY INFORMATION:                                                      from March 1 through April 14, but
                                                         In support of the proposed action,                                  Proposed Modifications to Recreational                                          NMFS inadvertently proposed a closed
                                                      NMFS prepared a supplemental                                           Management Measures                                                             season from April 15 through April 30.
                                                      environmental assessment (EA) to                                                                                                                       Only the dates in the proposed rule and
                                                      Framework Adjustment 55 to the                                            On March 3, 2016, NMFS published                                             supplemental EA were incorrect. All of
                                                      Northeast Multispecies Fishery                                         a proposed rule in the Federal Register                                         the information and analysis in the rule
                                                      Management Plan. The Framework 55                                      (81 FR 11168) to increase recreational                                          and supplemental EA were based on the
                                                      EA was prepared by the New England                                     fishing opportunities for Gulf of Maine                                         correct dates and, therefore, are
                                                      Fishery Management Council. Copies of                                  (GOM) cod and haddock starting May 1,                                           unaffected by this error. The final
                                                      the Framework 55 EA and supplemental                                   2016. The proposed changes would                                                supplemental EA also will include the
                                                      EA are available from: John K. Bullard,                                allow anglers to retain one cod per day                                         corrected dates. Table 1 in this rule
                                                      Regional Administrator, National                                       during the months of August and                                                 summarizes the corrected proposed
                                                      Marine Fisheries Service, 55 Great                                     September, and retain up to 15 haddock                                          measures compared to the current
                                                      Republic Drive, Gloucester, MA 01930.                                  per day for most of the fishing year.                                           fishing year 2015 measures.

                                                          TABLE 1—CORRECTED PROPOSED CHANGES TO GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES
                                                                                                           Current 2015 measures                                                                                 Proposed 2016 measures

                                                                                 Per day pos-                                                                                           Per day pos-
                                                            Stock                session limit          Minimum fish              Season when possession is                             session limit            Minimum fish            Season when possession is
                                                                                 (fish per an-              size                          permitted                                     (fish per an-                size                        permitted
                                                                                      gler)                                                                                                  gler)

                                                      GOM Cod .......                            Possession Prohibited Year-Round                                                                        1       24 inches               August 1–September 30.
                                                                                                                                                                                                                   (61.0 cm).

                                                      GOM Haddock                                3     17 inches                 May 1, 2015–August 31,                                                15        17 inches               Year Round Except March
                                                                                                         (43.2 cm).               2015 and November 1,                                                             (43.2 cm).              1–April 14.
                                                                                                                                  2015–February 29, 2016.
                                                        * The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing ef-
                                                      fort regulations if the prohibition is removed.


                                                        The proposed rule published March 3,                                 recreational GOM cod and haddock                                                these alternatives is included in a
                                                      2016 (81 FR 11168), contained                                          mortality under various combinations of                                         supplemental Environmental
                                                      additional detail on the recent stock                                  minimum sizes, possession limits, and                                           Assessment (see ADDRESSES). Table 2 in
                                                      assessments and the increase to                                        closed seasons; and how management                                              this rule compares the estimated fishing
                                                      recreational catch limits for GOM cod                                  alternatives and the proposed measures                                          year 2016 mortality of GOM cod and
                                                      and GOM haddock that are included in                                   were developed (see ADDRESSES). That                                            GOM haddock by the corrected
                                                      Framework Adjustment 55; the bio-                                      information is not repeated here.                                               management alternatives.
                                                      economic model used to estimate 2016                                   Additional information and analyses on
                                                           TABLE 2—ESTIMATED FISHING YEAR 2016 MORTALITY OF GOM COD AND HADDOCK BY CORRECTED MANAGEMENT
                                                                                                    ALTERNATIVE*
                                                                                                                                          Haddock                                                                               Cod

                                                                                                                                                                                         Total                                                        Total
                                                                   Alternative                               Size                                                            Total      mortality                   Size                  Total      mortality   Angler trips
                                                                                                                                                                                                                                Open
                                                                                               Bag limit   limit (in/                  Open season                          mortality   as per-     Bag limit     limit (in/             mortality   as per-
                                                                                                                                                                                                                               season
                                                                                                              cm)                                                            (mt)       cent of                      cm)                  (mt)       cent of
                                                                                                                                                                                         quota                                                        quota
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Current Recreational Measures ........           3    17/43.2     Waves 3, 4, 6, 1 ...............................         405          44             0         n/a     Closed          66          42         117,139
                                                      2016 RAP Recommendation ............            15    17/43.2     All year, except March 1–April 14 ....                   709          76             1     24/61.0     Jul—           132          84         168,125
                                                                                                                                                                                                                                 Aug.
                                                      2016 Committee Recommendation ..                15    17/43.2     All year, except March 1–April 14 ....                   707          76             1     24/61.0     Sept—          114          73         167,549
                                                                                                                                                                                                                                 Oct.
                                                      2016 Council Recommendation ........            15    17/43.2     All year, except March 1–April 14 ....              707–709           76             1     24/61.0     Aug—      114–132       73–84         167,549–
                                                                                                                                                                                                                                 Sept.                                168,125
                                                        * The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM
                                                      haddock recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.




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                                                                                Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules                                           14819

                                                      Public Comment Extension                                Mesh Area specified in § 648.80(a)(1)                 DAS program or on a sector trip, may
                                                         The public comment period for the                    may transit this area with more than one              possess unlimited haddock in, or
                                                      original proposed rule ends on March                    such cod per person up to the                         harvested from, the EEZ when fishing
                                                      18, 2016. We provided a 15-day                          possession limit specified at                         outside of the GOM Regulated Mesh
                                                      comment period for this rule which,                     § 648.89(c)(1)(i), provided all bait and              Area specified in § 648.80(a)(1).
                                                                                                              hooks are removed from fishing rods                      (ii) Gulf of Maine—(A) Private
                                                      coupled with extensive public comment
                                                                                                              and any cod on board has been gutted                  recreational vessels. Each person on a
                                                      periods at three different Council-
                                                                                                              and stored.                                           private recreational vessel in possession
                                                      related meetings during the
                                                                                                              *       *    *     *     *                            of haddock caught outside the GOM
                                                      development of this action, would
                                                                                                                 (2) Charter or party vessels. (i) Each             Regulated Mesh Area specified in
                                                      provide sufficient opportunity for
                                                                                                              person on a charter/party fishing vessel              § 648.80(a)(1) may transit this area with
                                                      public input on the proposed measures.
                                                                                                              permitted under this part and not                     more than the GOM haddock possession
                                                      Because of the need to correct an error
                                                                                                              fishing under a NE multispecies DAS                   limit specified at § 648.89(c)(8)(ii) up to
                                                      in the proposed rule, we have extended
                                                                                                              program or on a sector trip may possess               the possession limit specified at
                                                      the comment period for an additional 7
                                                                                                              unlimited cod when fishing outside of                 § 648.89(c)(8)(i), provided all bait and
                                                      days until March 25, 2016, to allow                                                                           hooks are removed from fishing rods
                                                      public comment on the corrected                         the GOM Regulated Mesh Area specified
                                                                                                              in § 648.80(a)(1).                                    and any haddock on board has been
                                                      measures. These measures need to be in                                                                        gutted and stored.
                                                      effect on May 1, 2016, and recreational                    (ii) Each person on a charter or party
                                                                                                                                                                       (1) May through February. Each
                                                      fishing businesses and fishermen are                    vessel permitted under this part, fishing
                                                                                                                                                                    person on a private recreational fishing
                                                      currently scheduling fishing trips. This                from August 1 through September 30,
                                                                                                                                                                    vessel, fishing from May 1 through
                                                      correction will provide them with                       and not fishing under the NE
                                                                                                                                                                    February 28 (February 29 in leap years),
                                                      additional information to assist their                  multispecies DAS program or on a
                                                                                                                                                                    may possess no more than 15 haddock
                                                      planning efforts. Because the proposed                  sector trip, may possess no more than
                                                                                                                                                                    per day in, or harvested from, the EEZ
                                                      measures would increase fishing                         one cod per day in the GOM Regulated
                                                                                                                                                                    when fishing in the GOM Regulated
                                                      opportunities, announcing a final                       Mesh Area specified in § 648.80(a)(1);
                                                                                                                                                                    Mesh Area specified in § 648.80(a)(1).
                                                      decision on these measures quickly will                 with the exception that each person on                   (2) March 1 through April 14. When
                                                      provide additional support to                           a charter or party vessel in possession               fishing in the GOM Regulated Mesh
                                                      recreational fishing businesses.                        of cod caught outside the GOM                         Area specified in § 648.80(a)(1), persons
                                                                                                              Regulated Mesh Area specified in                      aboard private recreational fishing
                                                      List of Subjects in 50 CFR Part 648                     § 648.80(a)(1) may transit this area with             vessels may not fish for or possess any
                                                        Fisheries, Fishing, Recordkeeping and                 more than one such cod up to any                      haddock from March 1 through April
                                                      reporting requirements.                                 possession limit under § 648.89(c)(2)(ii),            14.
                                                        Dated: March 14, 2016.                                provided all bait and hooks are removed                  (3) April 15 through April 30. Each
                                                      Samuel D. Rauch III,
                                                                                                              from fishing rods and any cod on board                person on a private recreational fishing
                                                                                                              has been gutted and stored.                           vessel, fishing from April 15 through
                                                      Deputy Assistant Administrator for
                                                                                                                 (iii) For purposes of counting fish,               April 30, may possess no more than 15
                                                      Regulatory Programs, National Marine
                                                      Fisheries Service.                                      fillets will be converted to whole fish at            haddock per day in, or harvested from,
                                                         For the reasons set out in the                       the place of landing by dividing the                  the EEZ when fishing in the GOM
                                                      preamble, 50 CFR part 648, as published                 number of fillets by two. If fish are                 Regulated Mesh Area specified in
                                                      at 81 FR 11168, March 3, 2016, is                       filleted into a single (butterfly) fillet,            § 648.80(a)(1).
                                                      proposed to be further amended as                       such fillet shall be deemed to be from                   (B) Charter or party vessels. Each
                                                      follows:                                                one whole fish.                                       person on a charter or party fishing
                                                                                                                 (iv) Cod harvested by a charter or                 vessel permitted under this part, and
                                                      PART 648—FISHERIES OF THE                               party vessel with more than one person                not fishing under a NE multispecies
                                                      NORTHEASTERN UNITED STATES                              aboard may be pooled in one or more                   DAS program or on a sector trip, in
                                                                                                              containers. Compliance with the                       possession of haddock caught outside
                                                      ■ 1. The authority citation for part 648                possession limits will be determined by               the GOM Regulated Mesh Area specified
                                                      continues to read as follows:                           dividing the number of fish on board by               in § 648.80(a)(1) may transit this area
                                                          Authority: 16 U.S.C. 1801 et seq.                   the number of persons on board. If there              with more than GOM haddock
                                                                                                              is a violation of the possession limits on            possession limit per person up to the
                                                      ■ 2. In § 648.89, revise paragraphs                     board a vessel carrying more than one
                                                      (c)(1)(ii), (c)(2), and (c)(8) to read as                                                                     possession limit specified at
                                                                                                              person, the violation shall be deemed to              § 648.89(c)(8)(i), provided all bait and
                                                      follows:                                                have been committed by the owner or                   hooks are removed from fishing rods
                                                      § 648.89 Recreational and charter/party                 operator of the vessel.                               and any haddock on board has been
                                                      vessel restrictions.                                       (v) Cod must be stored so as to be                 gutted and stored.
                                                      *       *    *    *    *                                readily available for inspection.                        (1) May through February. Each
                                                         (c) * * *                                            *       *    *     *     *                            person on a charter or party fishing
                                                         (1) * * *                                               (8) Haddock—(i) Outside the Gulf of                vessel permitted under this part, and
                                                         (ii) Each person on a private                        Maine—(A) Private recreational vessels.               not fishing under the NE multispecies
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      recreational fishing vessel, fishing from               Each person on a private recreational                 DAS program or on a sector trip, fishing
                                                      August 1 through September 30, may                      vessel may possess unlimited haddock                  from May 1 through February 28 (or 29
                                                      possess no more than one cod per day                    in, or harvested from, the EEZ when                   in leap years), may possess no more
                                                      in, or harvested from, the EEZ when                     fishing outside of the GOM Regulated                  than 15 haddock per day in, or
                                                      fishing in the GOM Regulated Mesh                       Mesh Area specified in § 648.80(a)(1).                harvested from, the EEZ when fishing in
                                                      Area specified in § 648.80(a)(1); with the                 (B) Charter or party vessels. Each                 the GOM Regulated Mesh Area specified
                                                      exception that each person on a private                 person on a charter or party fishing                  in § 648.80(a)(1).
                                                      recreational vessel in possession of cod                vessel permitted under this part, and                    (2) March 1 through April 14. When
                                                      caught outside the GOM Regulated                        not fishing under the NE multispecies                 fishing in the GOM Regulated Mesh


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                                                      14820                     Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules

                                                      Area specified in § 648.80(a)(1), persons               drafted a monitoring plan (MP) for the                endangered humpback whale into 14
                                                      aboard a charter or party fishing vessel                distinct population segments (DPSs) of                DPSs, remove the current species-level
                                                      permitted under this part, and not                      humpback whale (Megaptera                             listing, and in its place list 2 DPSs as
                                                      fishing under the NE multispecies DAS                   novaeangliae) that we did not propose                 endangered and 2 DPSs as threatened.
                                                      program or on a sector trip, may not fish               to list as threatened or endangered                   The remaining 10 DPSs were not
                                                      for or possess any haddock from March                   under the Endangered Species Act of                   proposed for listing because we
                                                      1 through April 14.                                     1973, as amended (ESA), in our                        determined that they are not threatened
                                                         (3) April 15 through April 30. Each                  proposed revision of the species-wide                 or endangered under the ESA.
                                                      person on a charter or party fishing                    listing. This document announces the                     Section 4(g)(1) of the ESA requires
                                                      vessel permitted under this part, and                   availability of the draft MP and opens a              that NMFS: ‘‘. . . implement a system
                                                      not fishing under the NE multispecies                   30-day public comment period on it.                   in cooperation with the States to
                                                      DAS program or on a sector trip, fishing                DATES: Comments must be received by                   monitor effectively for not less than five
                                                      from April 15 through April 30, may                     April 18, 2016.                                       years the status of all species which
                                                      possess no more than 15 haddock per                     ADDRESSES: Send comments to Marta                     have recovered to the point at which the
                                                      day in, or harvested from, the EEZ when                 Nammack, National ESA Listing                         measures provided pursuant to this Act
                                                      fishing in the GOM Regulated Mesh                       Coordinator, NMFS Headquarters. You                   [the ESA] are no longer necessary and
                                                      Area specified in § 648.80(a)(1).                       may submit comments, identified by                    which, in accordance with the
                                                         (iii) For purposes of counting fish,                 FDMS Docket Number NOAA–NMFS–                         provisions of this section, have been
                                                      fillets will be converted to whole fish at              2015–0035 by any of the following                     removed from either of the lists
                                                      the place of landing by dividing the                    methods:                                              published under subsection (c).’’
                                                      number of fillets by two. If fish are                      • Electronic Submissions: Submit all               General guidance for monitoring plan
                                                      filleted into a single (butterfly) fillet,              electronic public comments via the                    development is provided by
                                                      such fillet shall be deemed to be from                  Federal eRulemaking Portal http://                    recommendations jointly developed by
                                                      one whole fish.                                         www.regulations.gov. Follow the                       the U.S. Fish and Wildlife Service and
                                                         (iv) Haddock harvested in or from the                instructions for submitting comments.                 NMFS (USFWS and NMFS 2008). This
                                                      EEZ by private recreational fishing boats                  • Hand-delivery: National ESA                      guidance, called the ‘‘Post-Delisting
                                                      or charter or party boats with more than                Listing Coordinator, Protected                        Monitoring Plan Guidance,’’ clarified
                                                      one person aboard may be pooled in one                  Resources Office, NMFS, 1315 East-                    that: ‘‘The primary goal of PDM is to
                                                      or more containers. Compliance with                     West Highway, Room 13536, Silver                      monitor the species to ensure the status
                                                      the possession limit will be determined                 Spring, MD 20910.                                     does not deteriorate, and if a substantial
                                                      by dividing the number of fish on board                    • Mail: NMFS, 1315 East-West                       decline in the species . . . or an
                                                      by the number of persons on board. If                   Highway, Room 13536, Silver Spring,                   increase in threats is detected, to take
                                                      there is a violation of the possession                  MD 20910.                                             measures to halt the decline so that re-
                                                      limit on board a vessel carrying more                      All comments received are a part of                proposing it as a threatened or
                                                      than one person, the violation shall be                 the public record and will generally be               endangered species is not needed.’’
                                                      deemed to have been committed by the                    posted to http://www.regulations.gov                  Although our determination that certain
                                                      owner or operator of the vessel.                        without change. All Personal Identifying              DPSs of humpback whale no longer
                                                         (v) Haddock must be stored so as to                  Information (for example, name,                       qualify for listing is not technically a
                                                      be readily available for inspection.                    address, etc.) voluntarily submitted by               ‘‘delisting,’’ for the reasons explained in
                                                      *       *    *     *     *                              the commenter may be publicly                         the proposed listing rule, we find that
                                                      [FR Doc. 2016–06179 Filed 3–17–16; 8:45 am]             accessible. Do not submit Confidential                it is appropriate to monitor the status of
                                                      BILLING CODE 3510–22–P                                  Business Information or otherwise                     the populations that will no longer be
                                                                                                              sensitive or protected information.                   listed if the proposed rule is finalized.
                                                                                                              NMFS will accept anonymous                            This is consistent with the intent of
                                                      DEPARTMENT OF COMMERCE                                  comments (enter N/A in the required                   section 4(g)(1) of the Act. 16 U.S.C.
                                                                                                              fields, if you wish to remain                         1533(g)(1). The Post-Delisting
                                                      National Oceanic and Atmospheric
                                                                                                              anonymous). Attachments to electronic                 Monitoring Plan guidance thus guides
                                                      Administration
                                                                                                              comments will be accepted in Microsoft                us in our development of a monitoring
                                                                                                              Word, Excel, WordPerfect, or Adobe                    plan for those humpback whale DPSs.
                                                      50 CFR Parts 223 and 224
                                                                                                              PDF file formats only.                                   Pursuant to ESA section 4(g)(1), we
                                                      RIN 0648–XC751                                             The draft MP, along with the                       have drafted a MP for the humpback
                                                                                                              proposed revision of the humpback                     whale DPSs that we did not propose to
                                                      Endangered and Threatened Species;                      whale species-wide listing (80 FR                     list as threatened or endangered.
                                                      Identification of 14 Distinct Population                22304; April 21, 2015) and the
                                                      Segments of the Humpback Whale                          Biological Review Team’s Status Review                Public Comments Solicited
                                                      (Megaptera novaeangliae) and                            Report (Bettridge et al., 2015) upon                    We are notifying the public of the
                                                      Proposed Revision of Species-Wide                       which the proposed revision relies upon               availability of a draft MP and providing
                                                      Listing                                                 can be found on the NMFS Web site at:                 the public an opportunity to submit
                                                      AGENCY:  National Marine Fisheries                      http://nmfs.noaa.gov/pr/.                             comments on the draft MP for 30 days.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Service (NMFS), National Oceanic and                    FOR FURTHER INFORMATION CONTACT:                      The comment period shall be limited to
                                                      Atmospheric Administration (NOAA),                      Marta Nammack, Office of Protected                    30 days because the statutory deadline
                                                      Commerce.                                               Resources, Silver Spring, MD (301) 427–               for our final listing determination on the
                                                      ACTION: Proposed rule; notice of                        8469.                                                 proposed rule is April 21, 2016, and we
                                                      availability of monitoring plan and                     SUPPLEMENTARY INFORMATION:                            must finalize the MP by this date, too.
                                                      opening of comment period.                                                                                    We will consider all comments we
                                                                                                              Background                                            receive during the comment period and
                                                      SUMMARY: We, NMFS, in collaboration                       On April 21, 2015, we published a                   incorporate suggestions, as appropriate,
                                                      with Federal and state partners, have                   proposal to divide the globally listed                before finalizing the MP. Please submit


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Document Created: 2018-02-02 15:13:58
Document Modified: 2018-02-02 15:13:58
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
ActionSupplemental notice of proposed rulemaking; extension of comment period.
DatesThe public comment period for the proposed rule published at 81 FR 11168, March 3, 2016, is extended from March 18, 2016, to March 25, 2016. Comments must be received no later than March 25, 2016.
ContactMark Grant, Sector Policy Analyst, phone: 978-281-9145; email: [email protected]
FR Citation81 FR 14817 
RIN Number0648-BF69
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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