81 FR 42291 - Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fishery; 2016 Longfin Squid Trimester II Quota Harvested
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 125 (June 29, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42291-42292 | |
| FR Document | 2016-15379 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Rules and Regulations] [Pages 42291-42292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15379] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140902739-5224-02] RIN 0648-XE697 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fishery; 2016 Longfin Squid Trimester II Quota Harvested AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reduction of possession limit. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting--beginning June 27, 2016, and ending August 31, 2016--Federal longfin squid vessel permit holders from fishing for, catching, possessing, transferring, or landing more than 2,500 lb (907.2 kg) of longfin squid per trip and landing such squid more than once per calendar day. This prohibition is required by regulation because NMFS projects that 90 percent of the 2016 annual Trimester II seasonal catch limit will have been caught by the effective date. In addition, based on this determination, other restrictions regarding catch of longfin squid by federally permitted Illex squid vessels and buying longfin squid by federally permit dealers go into place. This action is intended to prevent over harvest of longfin squid during Trimester II. DATES: Effective 0001 hr local time, June 27, 2016, through August 31, 2016. FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, (978) 282-8457. SUPPLEMENTARY INFORMATION: The reader can find regulations governing the longfin squid fishery at 50 CFR part 648. The regulations require specifications for maximum sustainable yield, initial optimum yield, allowable biological catch (ABC), domestic annual harvest (DAH), domestic annual processing, joint venture processing, and total allowable levels of foreign fishing for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). The [[Page 42292]] procedures for setting the annual initial specifications are described in Sec. 648.22. The 2016 longfin squid Trimester II quota was increased from 7,976,325 lb (3,618 mt) to 12,619,260 lb (5,724 mt) to account for the underage in the 2016 Trimester I catch. Trimester III quota for longfin squid will be available for harvest on September 1, 2016. The regulations at Sec. 648.24(a)(1) require that when the NMFS Administrator of the Greater Atlantic Region (Regional Administrator) projects longfin squid catch will reach 90 percent of the Trimester II quota designated in the Atlantic Mackerel, Squid, and Butterfish FMP, NMFS must prohibit Federal longfin squid vessel permit holders from fishing for, catching, possessing, transferring, or landing more than 2,500 lb (907.2 kg) of longfin squid per trip and landing such squid more than once per calendar day for the remainder of the prohibition period. This type of prohibition effectively closes the directed squid fishery. The Regional Administrator monitors the longfin squid fishery catch in each trimester based on dealer reports, state data, and other available information. Upon the projection that 90 percent of a Trimester seasonal quota has been reached, NMFS must provide at least 72 hours of advance notice to the public that this determination has been made. NMFS also publishes in the Federal Register the date that the catch is projected to reach 90 percent of the quota, and the prohibitions on catch and landings for the remainder of Trimester II. In addition, upon this determination, a vessel possessing a Federal Longfin Squid/Butterfish Moratorium permit that possesses 10,000 lb (4.54 mt) or more of Illex squid, fishing in the Illex Squid Exemption Area, as defined in Table 1 below and at Sec. 648.23(a)(5), may possess up to 15,000 lb (6.80 mt) of longfin squid. If these vessels do not possess 10,000 lb (4.54 mt) of Illex squid, they are restricted to 2,500 lb (907.2 kg) of longfin squid. Once landward of the coordinates defining the Illex Squid Exemption Area, such vessels must stow all fishing gear, and render it not available for immediate use as defined in Sec. 648.2, in order to possess more than 2,500 lb (907.2 kg) of longfin squid. Also, federally permitted dealers may not receive longfin squid from federally permitted longfin squid vessels that harvest more than 2,500 lb (907.2 kg) of longfin squid through 2400 hr local time, August 31, 2016, unless it is from a trip landed by a vessel that entered port before 0001 hr on June 27, 2016, except that they may purchase up to 15,000 lb (6.80 mt) of longfin squid from permitted vessels on declared Illex squid trips fishing in the Illex Squid Exemption Area. The Regional Administrator has determined, based on dealer reports and other available information, that the longfin squid fleet will catch 90 percent of the total longfin squid Trimester II quota for the 2016 seasonal period from May 1, 2016 through August 31, 2016, by June 27, 2016. Therefore, effective 0001 hr local time, June 27, 2016, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,500 lb (907.2 kg) of longfin squid per trip and land such squid more than once per calendar day. In addition, vessels that have entered port before 0001 hr on June 27, 2016, may offload and sell more than 2,500 lb (907.2 kg) of longfin squid from that trip. Vessels possessing a Federal Longfin Squid/Butterfish Moratorium permit on directed Illex squid fishing trips (i.e., possess over 10,000 lb (4.54 mt) of Illex) that are fishing in the Illex Squid Exemption Area, as defined in Table 1 below and at Sec. 648.23(a)(5), may possess only up to 15,000 lb (6.80 mt) of longfin squid. Once landward of the coordinates defining the Illex Squid Exemption Area, such vessels must stow all fishing gear, and render it not available for immediate use as defined in Sec. 648.2, in order to possess more than 2,500 lb (907.2 kg) of longfin squid. Also, federally permitted dealers may not receive longfin squid from federally permitted longfin squid vessels that harvest more than 2,500 lb (907.2 kg) of longfin squid through 2400 hr local time, August 31, 2016, unless it is from a trip landed by a vessel that entered port before 0001 hr on June 27, 2016, except that they may purchase up to 15,000 lb (6.80 mt) of longfin squid from permitted vessels on declared Illex squid trips fishing in the Illex Squid Exemption Area. Table 1--Illex Squid Exemption Area Coordinates ------------------------------------------------------------------------ North latitude West longitude ------------------------------------------------------------------------ 43[deg]58.0' 67[deg]22.0' 43[deg]50.0' 68[deg]35.0' 43[deg]30.0' 69[deg]40.0' 43[deg]20.0' 70[deg]00.0' 42[deg]45.0' 70[deg]10.0' 42[deg]13.0' 69[deg]55.0' 41[deg]00.0' 69[deg]00.0' 41[deg]45.0' 68[deg]15.0' 42[deg]10.0' 67[deg]10.0' 41[deg]18.6' 66[deg]24.8' 40[deg]55.5' 66[deg]38.0' 40[deg]45.5' 68[deg]00.0' 40[deg]37.0' 68[deg]00.0' 40[deg]30.0' 69[deg]00.0' 40[deg]22.7' 69[deg]00.0' 40[deg]18.7' 69[deg]40.0' 40[deg]21.0' 71[deg]03.0' 39[deg]41.0' 72[deg]32.0' 38[deg]47.0' 73[deg]11.0' 38[deg]04.0' 74[deg]06.0' 37[deg]08.0' 74[deg]46.0' 36[deg]00.0' 74[deg]52.0' 35[deg]45.0' 74[deg]53.0' 35[deg]28.0' 74[deg]52.0' ------------------------------------------------------------------------ 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 longfin squid Trimester II fishery opened for the 2016 fishing year on May 1, 2016. Data and other information indicating the longfin squid fleet will have landed at least 90 percent of the 2016 Trimester II quota have only recently become available. Landings data is updated on a weekly basis, and NMFS monitors catch data on a daily basis as catch increases toward the limit. Further, high-volume catch and landings in this fishery increases total catch relative to the quota quickly. The regulations at Sec. 648.24(a)(1) require such action to ensure that longfin squid vessels do not exceed the 2016 Trimester II quota. If implementation of this action is delayed to solicit prior public comment, the quota for this Trimester II may be exceeded, thereby undermining the conservation objectives of the FMP. If quotas are exceeded, the excess must also be deducted from a future Trimester and would reduce future fishing opportunities. Also, the public had prior notice and full opportunity to comment on this process when these provisions were put in place. Based on these considerations, NMFS further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: June 24, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-15379 Filed 6-24-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42291
using an online (Internet) reporting comment are not required for this rule report, and that the vessel permit has
system to meet landings reporting by 5 U.S.C. 553, or any other law, the not expired.
requirements ‘‘once available,’’ and analytical requirements of the * * * * *
public comment was supportive of this Regulatory Flexibility Act, 5 U.S.C. 601 [FR Doc. 2016–15333 Filed 6–28–16; 8:45 am]
approach. See the Proposed Rule to et seq., are inapplicable. BILLING CODE 3510–22–P
consolidate the Fishery Management
Plan (FMP) for Atlantic Tunas, List of Subjects in 50 CFR Part 635
Swordfish, and Sharks and the FMP for Fisheries, Fishing, Fishing vessels, DEPARTMENT OF COMMERCE
Atlantic Billfish (70 FR 48804 at 48821, Foreign relations, Imports, Penalties,
48830, August 19, 2005) and the Final Reporting and recordkeeping National Oceanic and Atmospheric
Rule to implement the Final requirements, Treaties. Administration
Consolidated HMS FMP (71 FR 58058,
Dated: June 23, 2016.
October 2, 2006). NMFS is not providing 50 CFR Part 648
an opportunity for additional notice and Samuel D. Rauch III,
comment on this final rule because such Deputy Assistant Administrator for [Docket No. 140902739–5224–02]
notice and comment would be Regulatory Programs, National Marine
Fisheries Service. RIN 0648–XE697
impracticable and contrary to the public
interest. NMFS was recently notified For the reasons set out in the Fisheries of the Northeastern United
that the vendor who provides the preamble, 50 CFR part 635 is amended States; Atlantic Mackerel, Squid, and
software that has been used to process as follows: Butterfish Fishery; 2016 Longfin Squid
the faxed landings reports is ending Trimester II Quota Harvested
support for that software, making its PART 635—ATLANTIC HIGHLY
continued functionality and reliability MIGRATORY SPECIES AGENCY: National Marine Fisheries
uncertain. Failure of this system could Service (NMFS), National Oceanic and
result in severe delays in reporting ■ 1. The authority citation for part 635 Atmospheric Administration (NOAA),
necessary to meet NMFS’ international continues to read as follows: Commerce.
and domestic obligations and affect Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. ACTION: Temporary rule; reduction of
NMFS’ ability to monitor the fishery. 1801 et seq. possession limit.
Thus, it is in the public interest for the
transition to the online (Internet) ■ 2. In § 635.5, revise paragraph SUMMARY: NMFS is prohibiting—
reporting system to occur quickly to (b)(2)(i)(A) to read as follows: beginning June 27, 2016, and ending
ensure that landings data continue to be August 31, 2016—Federal longfin squid
§ 635.5 Recordkeeping and reporting.
entered quickly and the fishery is vessel permit holders from fishing for,
accurately monitored so that quotas are * * * * * catching, possessing, transferring, or
not exceeded, the fishery is properly (b) * * * landing more than 2,500 lb (907.2 kg) of
managed, and reports are timely (2) * * * longfin squid per trip and landing such
submitted as required to comply with (i) * * * squid more than once per calendar day.
international and domestic This prohibition is required by
requirements. Furthermore, the changes (A) Landing reports. Each dealer with regulation because NMFS projects that
in this final rule will make it easier for a valid Atlantic Tunas dealer permit 90 percent of the 2016 annual Trimester
bluefin tuna dealers to report landings issued under § 635.4 must submit the II seasonal catch limit will have been
data by providing a less burdensome landing reports to NMFS for each caught by the effective date. In addition,
online system in lieu of using paper bluefin received from a U.S. fishing based on this determination, other
landings reports and fax machines and vessel. Such reports must be submitted restrictions regarding catch of longfin
will be more reliable. Therefore, the AA electronically via the Internet to a squid by federally permitted Illex squid
finds good cause under 5 U.S.C. number or a web address designated by vessels and buying longfin squid by
553(b)(B) to waive the opportunity for NMFS not later than 24 hours after federally permit dealers go into place.
public comment. receipt of the bluefin. Landing reports This action is intended to prevent over
This final rule has been determined to must include the name and permit harvest of longfin squid during
be not significant for purposes of number of the vessel that landed the Trimester II.
Executive Order 12866. bluefin and other information regarding
DATES: Effective 0001 hr local time, June
Additionally, although there are no the catch as instructed by NMFS. When
purchasing bluefin tuna from eligible 27, 2016, through August 31, 2016.
new collection-of-information
requirements associated with this action IBQ Program participants or Atlantic FOR FURTHER INFORMATION CONTACT:
that are subject to the Paperwork Tunas Purse Seine category participants, Daniel Luers, Fishery Management
Reduction Act, existing collection-of permitted Atlantic Tunas dealers must Specialist, (978) 282–8457.
information requirements still apply also enter landing reports into the SUPPLEMENTARY INFORMATION: The reader
under the following Control Number: (1) electronic IBQ System established under can find regulations governing the
0648–0040, the HMS Dealer Reporting § 635.15, not later than 24 hours after longfin squid fishery at 50 CFR part 648.
Family of Forms. Notwithstanding any receipt of the bluefin. The vessel owner The regulations require specifications
other provision of the law, no person is or operator must confirm that the IBQ for maximum sustainable yield, initial
required to respond to, and no person System landing report information is optimum yield, allowable biological
mstockstill on DSK3G9T082PROD with RULES
shall be subject to penalty for failure to accurate by entering a unique PIN when catch (ABC), domestic annual harvest
comply with, a collection-of- the dealer report is submitted. The (DAH), domestic annual processing,
information subject to the requirements dealer must inspect the vessel’s permit joint venture processing, and total
of the PRA, unless that collection-of- to verify that it is a commercial allowable levels of foreign fishing for
information displays a currently valid category, the required vessel name and the species managed under the Atlantic
OMB control number. Because prior permit number as listed on the permit Mackerel, Squid, and Butterfish Fishery
notice and opportunity for public are correctly recorded in the landing Management Plan (FMP). The
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![42292 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations
procedures for setting the annual initial squid trips fishing in the Illex Squid TABLE 1—Illex SQUID EXEMPTION
specifications are described in § 648.22. Exemption Area. AREA COORDINATES—Continued
The 2016 longfin squid Trimester II The Regional Administrator has
quota was increased from 7,976,325 lb determined, based on dealer reports and North latitude West longitude
(3,618 mt) to 12,619,260 lb (5,724 mt) to other available information, that the
account for the underage in the 2016 longfin squid fleet will catch 90 percent 40°21.0′ 71°03.0′
Trimester I catch. Trimester III quota for of the total longfin squid Trimester II 39°41.0′ 72°32.0′
longfin squid will be available for quota for the 2016 seasonal period from 38°47.0′ 73°11.0′
harvest on September 1, 2016. May 1, 2016 through August 31, 2016, 38°04.0′ 74°06.0′
The regulations at § 648.24(a)(1) by June 27, 2016. Therefore, effective 37°08.0′ 74°46.0′
require that when the NMFS 0001 hr local time, June 27, 2016, 36°00.0′ 74°52.0′
Administrator of the Greater Atlantic federally permitted vessels may not fish 35°45.0′ 74°53.0′
Region (Regional Administrator) for, catch, possess, transfer, or land 35°28.0′ 74°52.0′
projects longfin squid catch will reach more than 2,500 lb (907.2 kg) of longfin
90 percent of the Trimester II quota squid per trip and land such squid more Classification
designated in the Atlantic Mackerel, than once per calendar day. In addition,
Squid, and Butterfish FMP, NMFS must vessels that have entered port before This action is required by 50 CFR part
prohibit Federal longfin squid vessel 0001 hr on June 27, 2016, may offload 648 and is exempt from review under
permit holders from fishing for, and sell more than 2,500 lb (907.2 kg) Executive Order 12866.
catching, possessing, transferring, or of longfin squid from that trip. Vessels NMFS finds good cause pursuant to 5
landing more than 2,500 lb (907.2 kg) of possessing a Federal Longfin Squid/ U.S.C. 553(b)(B) to waive prior notice
longfin squid per trip and landing such Butterfish Moratorium permit on and the opportunity for public comment
squid more than once per calendar day directed Illex squid fishing trips (i.e., because it would be contrary to the
for the remainder of the prohibition possess over 10,000 lb (4.54 mt) of Illex)
period. This type of prohibition public interest and impracticable. The
that are fishing in the Illex Squid longfin squid Trimester II fishery
effectively closes the directed squid Exemption Area, as defined in Table 1
fishery. The Regional Administrator opened for the 2016 fishing year on May
below and at § 648.23(a)(5), may possess 1, 2016. Data and other information
monitors the longfin squid fishery catch only up to 15,000 lb (6.80 mt) of longfin
in each trimester based on dealer indicating the longfin squid fleet will
squid. Once landward of the coordinates have landed at least 90 percent of the
reports, state data, and other available defining the Illex Squid Exemption
information. Upon the projection that 90 2016 Trimester II quota have only
Area, such vessels must stow all fishing
percent of a Trimester seasonal quota recently become available. Landings
gear, and render it not available for
has been reached, NMFS must provide immediate use as defined in § 648.2, in data is updated on a weekly basis, and
at least 72 hours of advance notice to order to possess more than 2,500 lb NMFS monitors catch data on a daily
the public that this determination has (907.2 kg) of longfin squid. Also, basis as catch increases toward the
been made. NMFS also publishes in the federally permitted dealers may not limit. Further, high-volume catch and
Federal Register the date that the catch receive longfin squid from federally landings in this fishery increases total
is projected to reach 90 percent of the permitted longfin squid vessels that catch relative to the quota quickly. The
quota, and the prohibitions on catch and regulations at § 648.24(a)(1) require such
harvest more than 2,500 lb (907.2 kg) of
landings for the remainder of Trimester action to ensure that longfin squid
longfin squid through 2400 hr local
II. In addition, upon this determination, vessels do not exceed the 2016
time, August 31, 2016, unless it is from
a vessel possessing a Federal Longfin Trimester II quota. If implementation of
a trip landed by a vessel that entered
Squid/Butterfish Moratorium permit
port before 0001 hr on June 27, 2016, this action is delayed to solicit prior
that possesses 10,000 lb (4.54 mt) or
except that they may purchase up to public comment, the quota for this
more of Illex squid, fishing in the Illex
15,000 lb (6.80 mt) of longfin squid from Trimester II may be exceeded, thereby
Squid Exemption Area, as defined in
permitted vessels on declared Illex undermining the conservation
Table 1 below and at § 648.23(a)(5), may
squid trips fishing in the Illex Squid objectives of the FMP. If quotas are
possess up to 15,000 lb (6.80 mt) of
longfin squid. If these vessels do not Exemption Area. exceeded, the excess must also be
possess 10,000 lb (4.54 mt) of Illex deducted from a future Trimester and
squid, they are restricted to 2,500 lb TABLE 1—Illex SQUID EXEMPTION would reduce future fishing
(907.2 kg) of longfin squid. Once AREA COORDINATES opportunities. Also, the public had prior
landward of the coordinates defining notice and full opportunity to comment
North latitude West longitude on this process when these provisions
the Illex Squid Exemption Area, such
vessels must stow all fishing gear, and 43°58.0′ 67°22.0′ were put in place. Based on these
render it not available for immediate use 43°50.0′ 68°35.0′ considerations, NMFS further finds,
as defined in § 648.2, in order to possess 43°30.0′ 69°40.0′ pursuant to 5 U.S.C 553(d)(3), good
more than 2,500 lb (907.2 kg) of longfin 43°20.0′ 70°00.0′ cause to waive the 30-day delayed
squid. Also, federally permitted dealers 42°45.0′ 70°10.0′ effectiveness period for the reasons
may not receive longfin squid from 42°13.0′ 69°55.0′ stated above.
federally permitted longfin squid 41°00.0′ 69°00.0′
vessels that harvest more than 2,500 lb 41°45.0′ 68°15.0′ Authority: 16 U.S.C. 1801 et seq.
mstockstill on DSK3G9T082PROD with RULES
(907.2 kg) of longfin squid through 2400 42°10.0′ 67°10.0′
Dated: June 24, 2016.
41°18.6′ 66°24.8′
hr local time, August 31, 2016, unless it 40°55.5′ 66°38.0′ Emily H. Menashes,
is from a trip landed by a vessel that 40°45.5′ 68°00.0′ Acting Director, Office of Sustainable
entered port before 0001 hr on June 27, 40°37.0′ 68°00.0′ Fisheries, National Marine Fisheries Service.
2016, except that they may purchase up 40°30.0′ 69°00.0′ [FR Doc. 2016–15379 Filed 6–24–16; 4:15 pm]
to 15,000 lb (6.80 mt) of longfin squid 40°22.7′ 69°00.0′
BILLING CODE 3510–22–P
from permitted vessels on declared Illex 40°18.7′ 69°40.0′
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Document Created: 2018-02-08 07:42:34
Document Modified: 2018-02-08 07:42:34
| 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; reduction of possession limit. | |
| Dates | Effective 0001 hr local time, June 27, 2016, through August 31, 2016. | |
| Contact | Daniel Luers, Fishery Management Specialist, (978) 282-8457. | |
| FR Citation | 81 FR 42291 | |
| RIN Number | 0648-XE69 |
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