81 FR 39590 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship North Access Area to General Category Individual Fishing Quota Scallop Vessels
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 117 (June 17, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 117 (June 17, 2016)
| Page Range | 39590-39591 | |
| FR Document | 2016-14403 |
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)] [Rules and Regulations] [Pages 39590-39591] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14403] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151210999-6348-02] RIN 0648-XE681 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship North Access Area to General Category Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Nantucket Lightship North Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2016 fishing year as of the effective date below. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Nantucket Lightship North Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Nantucket Lightship North Scallop Access Area will be taken. DATES: Effective 0001 hr local time, June 16, 2016, through February 28, 2017. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Nantucket Lightship North Scallop Access Area under specific conditions, including a total of 485 trips that may be taken during the 2016 fishing year. Section 648.60(g)(3)(iii) requires the Nantucket Lightship North Scallop [[Page 39591]] Access Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2016 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Nantucket Lightship North Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 485 trips will be taken as of June 16, 2016. Therefore, in accordance with Sec. 648.60(g)(3)(iii), NMFS is closing the Nantucket Lightship North Scallop Access Area to all LAGC IFQ scallop vessels as of June 16, 2016. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Nantucket Lightship North Scallop Access Area after 0001 local time, June 16, 2016. Any LAGC IFQ vessel that has declared into the Nantucket Lightship North Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area before 0001, June 16, 2016, may complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2016 scallop fishing year. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Nantucket Lightship North Scallop Access Area opened for the 2016 fishing year on May 4, 2016. The regulations at Sec. 648.60(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Nantucket Lightship North Scallop Access Area. The projections of the date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area become apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. In order to propose a closure for purposes of receiving prior public comment, NMFS would need to make a projection based on very little information, which would result in a closure too early or too late. To allow LAGC IFQ scallop vessels to continue to take trips in the Nantucket Lightship North Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in vessels taking much more than the allowed number of trips in the Nantucket Lightship North Scallop Access Area. Excessive trips and harvest from the Nantucket Lightship North Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when we put these provisions in place. For these same reasons, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: June 14, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-14403 Filed 6-14-16; 4:15 pm] BILLING CODE 3510-22-P
![39590 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations
The Agency has determined that it is the Regulations.gov Web site listed Issued under authority delegated in 49 CFR
not a ‘‘significant energy action’’ under under ADDRESSES. 1.87 on: June 10, 2016.
that order because it is not a ‘‘significant T.F. Scott Darling, III,
FMCSA also analyzed this rule under
regulatory action’’ likely to have a the Clean Air Act, as amended (CAA), Acting Administrator.
significant adverse effect on the supply, [FR Doc. 2016–14245 Filed 6–16–16; 8:45 am]
section 176(c) (42 U.S.C. 7401 et seq.),
distribution, or use of energy. Therefore, BILLING CODE 4910–EX–P
and implementing regulations
it does not require a Statement of Energy
Effects. promulgated by the Environmental
Protection Agency. Approval of this
E.O. 13175 (Indian Tribal Governments) action is exempt from the CAA’s general DEPARTMENT OF COMMERCE
This rule does not have tribal conformity requirement since it does
National Oceanic and Atmospheric
implications under E.O. 13175, not affect direct or indirect emissions of
Administration
Consultation and Coordination with criteria pollutants.
Indian Tribal Governments, because it Under E.O. 12898, each Federal 50 CFR Part 648
would not have a substantial direct agency must identify and address, as
effect on one or more Indian tribes, on appropriate, ‘‘disproportionately high [Docket No. 151210999–6348–02]
the relationship between the Federal
and adverse human health or RIN 0648–XE681
Government and Indian tribes, or on the
distribution of power and environmental effects of its programs,
policies, and activities on minority Fisheries of the Northeastern United
responsibilities between the Federal States; Atlantic Sea Scallop Fishery;
Government and Indian tribes. populations and low-income
populations’’ in the United States, its Closure of the Nantucket Lightship
National Technology Transfer and possessions, and territories. FMCSA has North Access Area to General
Advancement Act (Technical determined that this rule has no Category Individual Fishing Quota
Standards) environmental justice implications, nor Scallop Vessels
The National Technology Transfer does its promulgation cause any AGENCY: National Marine Fisheries
and Advancement Act (NTTAA) (15 collective environmental impact. Service (NMFS), National Oceanic and
U.S.C. 272 note) directs agencies to use Atmospheric Administration (NOAA),
voluntary consensus standards in their List of Subjects in 49 CFR Part 385
Commerce.
regulatory activities unless the agency Administrative practice and ACTION: Temporary rule; closure.
provides Congress, through OMB, with
procedure, Highway safety,
an explanation of why using these SUMMARY: NMFS announces that the
Incorporation by reference, Mexico,
standards would be inconsistent with Nantucket Lightship North Scallop
Motor carriers, Motor vehicle safety,
applicable law or otherwise impractical. Access Area will close to Limited
Voluntary consensus standards (e.g., Reporting and recordkeeping
requirements. Access General Category Individual
specifications of materials, performance, Fishing Quota scallop vessels for the
design, or operation; test methods; In consideration of the foregoing, remainder of the 2016 fishing year as of
sampling procedures; and related FMCSA is amending 49 CFR chapter III, the effective date below. No vessel
management systems practices) are part 385, as set forth below: issued a Limited Access General
standards that are developed or adopted Category Individual Fishing Quota
by voluntary consensus standards PART 385—SAFETY FITNESS permit may fish for, possess, or land
bodies. FMCSA does not intend to adopt PROCEDURES scallops from the Nantucket Lightship
its own technical standard, thus there is North Scallop Access Area. Regulations
no need to submit a separate statement ■ 1. The authority citation for part 385 require this action once it is projected
to OMB on this matter. The standard is revised to read as follows: that 100 percent of trips allocated to the
being incorporated in this final rule is Limited Access General Category
discussed in detail in section IV, Authority: 49 U.S.C. 113, 504, 521(b),
Individual Fishing Quota scallop vessels
Background, and is reasonably available 5105(d), 5109, 13901–13905, 31133, 31135,
31136, 31137, 31144, 31148, and 31502; Sec.
for the Nantucket Lightship North
through the CVSA Web site. Scallop Access Area will be taken.
113(a), Pub. L. 103–311; Sec. 408, Pub. L.
Environment (NEPA, CAA, 104–88 109 Stat. 803, 958 Sec. 350 of Pub. DATES: Effective 0001 hr local time, June
Environmental Justice) L. 107–87; and 49 CFR 1.87. 16, 2016, through February 28, 2017.
FMCSA analyzed this rule for the FOR FURTHER INFORMATION CONTACT:
■ 2. Revise § 385.4(b) to read as follows: Shannah Jaburek, Fishery Management
purpose of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et § 385.4 Matter incorporated by reference. Specialist, (978) 282–8456.
seq.) and determined this action is SUPPLEMENTARY INFORMATION:
* * * * *
categorically excluded from further Regulations governing fishing activity in
analysis and documentation in an (b) ‘‘North American Standard Out-of- the Sea Scallop Access Areas can be
environmental assessment or Service Criteria and Level VI Inspection found in 50 CFR 648.59 and 648.60.
environmental impact statement under Procedures and Out-of-Service Criteria These regulations authorize vessels
FMCSA Order 5610.1(69 FR 9680, for Commercial Highway Vehicles issued a valid Limited Access General
March 1, 2004), Appendix 2, paragraph Transporting Transuranics and Highway Category (LAGC) Individual Fishing
(6)(b). This Categorical Exclusion (CE) Route Controlled Quantities of Quota (IFQ) scallop permit to fish in the
ehiers on DSK5VPTVN1PROD with RULES
covers minor revisions to regulations. Radioactive Materials as defined in 49 Nantucket Lightship North Scallop
The content in this rule is covered by CFR part 173.403,’’ April 1, 2016; Access Area under specific conditions,
this CE and the final action does not incorporation by reference approved for including a total of 485 trips that may
have any effect on the quality of the § 385.415(b). be taken during the 2016 fishing year.
environment. The CE determination is * * * * * Section 648.60(g)(3)(iii) requires the
available for inspection or copying in Nantucket Lightship North Scallop
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![Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations 39591
Access Area to be closed to LAGC IFQ to publish and receive comments on a DATES: Effective June 17, 2016, through
permitted vessels for the remainder of proposed rule would likely result in December 14, 2016. Comments must be
the fishing year once the NMFS Greater vessels taking much more than the received on or before July 18, 2016.
Atlantic Regional Administrator allowed number of trips in the ADDRESSES: You may submit comments,
determines that the allowed number of Nantucket Lightship North Scallop identified by NOAA–NMFS–2016–0063,
trips for fishing year 2016 are projected Access Area. Excessive trips and harvest by either of the following methods:
to be taken. from the Nantucket Lightship North • Electronic Submissions: Submit all
Based on trip declarations by LAGC Scallop Access Area would result in
electronic public comments via the
IFQ scallop vessels fishing in the excessive fishing effort in the area,
Federal e-Rulemaking portal. Go to
Nantucket Lightship North Scallop where effort controls are critical,
www.regulations.gov/
Access Area, analysis of fishing effort, thereby undermining conservation
and other information, NMFS projects #!docketDetail;D=NOAA-NMFS-2016-
objectives of the Atlantic Sea Scallop
that 485 trips will be taken as of June 0063, click the ‘‘Comment Now!’’ icon,
Fishery Management Plan and requiring
16, 2016. Therefore, in accordance with complete the required fields, and enter
more restrictive future management
§ 648.60(g)(3)(iii), NMFS is closing the or attach your comments.
measures. Also, the public had prior
Nantucket Lightship North Scallop notice and full opportunity to comment • Mail: Submit written comments to
Access Area to all LAGC IFQ scallop on this closure process when we put NMFS, Greater Atlantic Regional
vessels as of June 16, 2016. No vessel these provisions in place. For these Fisheries Office, 55 Great Republic
issued an LAGC IFQ permit may fish same reasons, NMFS further finds, Drive, Gloucester, MA 01930. Mark the
for, possess, or land scallops in or from pursuant to 5 U.S.C. 553(d)(3), good outside of the envelope ‘‘Comments on
the Nantucket Lightship North Scallop cause to waive the 30-day delayed Blueline Tilefish Interim Measures.’’
Access Area after 0001 local time, June effectiveness period. Instructions: Comments sent by any
16, 2016. Any LAGC IFQ vessel that has other method, to any other address or
Authority: 16 U.S.C. 1801 et seq. individual, or received after the end of
declared into the Nantucket Lightship
North Access Area scallop fishery, Dated: June 14, 2016. the comment period, may not be
complied with all trip notification and Emily H. Menashes, considered by NMFS. All comments
observer requirements, and crossed the Acting Director, Office of Sustainable received are a part of the public record
VMS demarcation line on the way to the Fisheries, National Marine Fisheries Service. and will generally be posted for public
area before 0001, June 16, 2016, may [FR Doc. 2016–14403 Filed 6–14–16; 4:15 pm] viewing on www.regulations.gov
complete its trip without being subject BILLING CODE 3510–22–P without change. All personal identifying
to this closure. This closure is in effect information (e.g., name, address, etc.),
for the remainder of the 2016 scallop confidential business information, or
fishing year. DEPARTMENT OF COMMERCE otherwise sensitive information
submitted voluntarily by the sender will
Classification National Oceanic and Atmospheric be publicly accessible. NMFS will
This action is required by 50 CFR part Administration accept anonymous comments (enter
648 and is exempt from review under ‘‘N/A’’ in the required fields if you wish
Executive Order 12866. NMFS finds 50 CFR Part 648 to remain anonymous).
good cause pursuant to 5 U.S.C. [Docket No. 160609505–6505–01] Copies of the Environmental
553(b)(B) to waive prior notice and the Assessment and Regulatory Impact
opportunity for public comment RIN 0648–BG07
Review (EA/RIR), Supplemental
because it would be contrary to the Information Report (SIR), and other
public interest and impracticable. The Fisheries of the Northeastern United
States; Blueline Tilefish Fishery; supporting documents for these interim
Nantucket Lightship North Scallop measures are available from John K.
Access Area opened for the 2016 fishing Secretarial Interim Action
Bullard, Regional Administrator, NMFS,
year on May 4, 2016. The regulations at AGENCY: National Marine Fisheries Greater Atlantic Regional Fisheries
§ 648.60(g)(3)(iii) require this closure to Service (NMFS), National Oceanic and Office, 55 Great Republic Drive,
ensure that LAGC IFQ scallop vessels do Atmospheric Administration (NOAA), Gloucester, MA 01930. The EA/RIR and
not take more than their allocated Commerce. SIR are also accessible via the internet
number of trips in the Nantucket ACTION: Temporary rule; interim at:
Lightship North Scallop Access Area. measures; request for comments. www.greateratlantic.fisheries.noaa.gov/.
The projections of the date on which the
LAGC IFQ fleet will have taken all of its SUMMARY: This temporary rule FOR FURTHER INFORMATION CONTACT:
allocated trips in an Access Area implements possession limits and Douglas Potts, Fishery Policy Analyst,
become apparent only as trips into the permit requirements for the commercial (978) 281–9341.
area occur on a real-time basis and as and recreational blueline tilefish SUPPLEMENTARY INFORMATION:
activity trends begin to appear. As a fisheries in waters north of the Virginia/
Background
result, NMFS can only make an accurate North Carolina border. These interim
projection very close in time to when management measures are necessary to Blueline tilefish (Caulolatilus
the fleet has taken all of its trips. In prevent a return to an unregulated microps) are mainly distributed in
order to propose a closure for purposes fishery which could result in Atlantic waters off the eastern United
of receiving prior public comment, overfishing and to temporarily constrain States, and have been managed as part
NMFS would need to make a projection fishing effort on the blueline tilefish of the South Atlantic Fishery
ehiers on DSK5VPTVN1PROD with RULES
based on very little information, which stock while a long-term management Management Council’s Snapper Grouper
would result in a closure too early or too plan is implemented. These measures Fishery Management Plan (FMP).
late. To allow LAGC IFQ scallop vessels are expected to constrain fishing However, South Atlantic management
to continue to take trips in the mortality and help ensure the long-term measures do not apply to vessels fishing
Nantucket Lightship North Scallop sustainability of the stock, while for blueline tilefish north of the South
Access Area during the period necessary potentially preventing overfishing. Atlantic Council’s jurisdiction (which
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Document Created: 2016-06-17 01:04:47
Document Modified: 2016-06-17 01:04:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 0001 hr local time, June 16, 2016, through February 28, 2017. | |
| Contact | Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. | |
| FR Citation | 81 FR 39590 | |
| RIN Number | 0648-XE68 |
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