81 FR 42625 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 126 (June 30, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42625-42628 | |
| FR Document | 2016-15494 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Proposed Rules] [Pages 42625-42628] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15494] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160302174-6174-01] RIN 0648-BF81 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment 1 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes regulations to implement Regulatory Amendment 1 for the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery off the Atlantic States (Regulatory Amendment 1) as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would establish a commercial trip limit for Atlantic dolphin for vessels with a Federal commercial permit for Atlantic dolphin and wahoo. The purpose of this [[Page 42626]] proposed rule is to reduce the chance of an in-season closure of the dolphin commercial sector as a result of the annual catch limit (ACL) being reached during the fishing year and to reduce the severity of social impacts caused by these closures. DATES: Written comments must be received on or before August 1, 2016. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2016-0033'' by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0033, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. 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 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 required fields if you wish to remain anonymous). Electronic copies of Regulatory Amendment 1, which includes an environmental assessment, an assessment under the Regulatory Flexibility Act, a regulatory impact review, and fishery impact statement, may be obtained from www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/dw/2016/reg_am1/documents/pdfs/dw_reg_am1.pdf. FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS SERO, telephone: 727- 551-5753, or email: [email protected]. SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery of the Atlantic is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Steven Act). Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, while also protecting marine ecosystems. In 2015, the commercial sector for Atlantic dolphin was closed on June 30, 2015 (80 FR 36932, June 29, 2015), as a result of the commercial ACL being met, thereby triggering accountability measures (AMs) and closing the sector. This was the first time the dolphin commercial fishing season was closed as a result of AMs in the history of management of Atlantic dolphin under the FMP. Regulatory Amendment 1 and this proposed rule would establish a commercial trip limit for Atlantic dolphin once 75 percent of the commercial ACL is met. The dolphin commercial ACL had already been increased from 1,157,001 lb (524,807 kg), round weight, to 1,534,485 lb (696,031 kg), round weight, by the final rule for Amendment 8 to the FMP (81 FR 3781, January 22, 2016). The Council has determined that this proposed action would reduce the severity of social impacts of an AM closure of the dolphin commercial sector by increasing the likelihood that the commercial sector will remain open throughout the fishing year. Management Measures Contained in This Proposed Rule This proposed rule would establish a commercial trip limit for dolphin for vessels that have a Federal commercial permit for Atlantic dolphin and wahoo. Dolphin Commercial Trip Limit Currently, no commercial trip limit exists for vessels that possess a Federal commercial permit for Atlantic dolphin and wahoo. However, there is a commercial trip limit of 200 lb (91 kg) of dolphin and wahoo, combined, for vessels that do not have a Federal commercial permit for Atlantic dolphin and wahoo but do have a Federal commercial permit in any other fishery, provided that all fishing and landings from that trip occur north of 39[deg] N. lat. (50 CFR 622.278(a)(2)). This proposed rule would establish a commercial trip limit of 4,000 lb (1,814 kg), round weight, for the dolphin commercial sector in the Atlantic, once 75 percent of the commercial ACL is reached. This trip limit would apply to vessels that have a Federal commercial permit for Atlantic dolphin and wahoo, provided that the vessel is not operating a charter vessel or headboat. There would be no applicable trip limit for the dolphin commercial sector in the Atlantic prior to 75 percent of the commercial ACL being reached. The Council determined that establishing this commercial trip limit would reduce the chances of early closures during the fishing year as a result of AMs being triggered, and thereby reduce the severity of any socioeconomic impacts as a result of a commercial sector closure. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with Regulatory Amendment 1, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: A description of this proposed rule, why it is being considered, the objectives of, and legal basis for this proposed rule are contained in the preamble and in the SUMMARY section of the preamble of this proposed rule. The Magnuson-Stevens Act provides the basis for this proposed rule. This proposed rule is expected to directly affect federally permitted Atlantic dolphin and wahoo commercial fishermen fishing for dolphin in the South Atlantic and northeastern states (states north of North Carolina) (Atlantic). The Small Business Administration established size criteria for all major industry sectors in the U.S. including fish harvesters. A business involved in fish harvesting is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and its combined annual receipts are not in excess of $20.5 million (NAICS code 114111, finfish fishing) for all of its affiliated operations worldwide. From 2010 through 2014, an average of 531 vessels with the Federal [[Page 42627]] commercial permit for Atlantic dolphin and wahoo that landed at least 1 lb (0.45 kg) of dolphin generated total combined revenues (2014 dollars) of approximately $600,000 from dolphin, $3.87 million from other species jointly landed with dolphin, and $15.40 million from all other species in trips where dolphin was not caught. The average annual revenue per vessel from all species, including dolphin, caught by these vessels was $37,303. Of the 531 vessels, an average of 23 vessels used longline for harvesting dolphin and generated combined total revenues (2014 dollars) of approximately $361,000 from dolphin, $1.37 million from other species jointly landed with dolphin, and $1.89 million from all other species in trips where dolphin was not caught. The average annual revenue per longline vessel was $82,276 (2014 dollars). Vessels that caught and landed dolphin may also operate in other fisheries, the revenues of which are not known and are not reflected in these totals. Based on revenue information, all commercial vessels directly affected by this proposed rule may be assumed to be small entities. Because all entities expected to be directly affected by this proposed rule are assumed to be small entities, NMFS determined that this proposed rule would affect a substantial number of small entities. However, the issue of disproportionate effects on small versus large entities does not arise in the present case. This proposed rule would establish a 4,000 lb (1,814 kg), round weight, commercial trip limit for dolphin for vessels with a Federal commercial permit for Atlantic dolphin and wahoo, once 75 percent of the commercial ACL is reached. For the first time, the dolphin commercial sector was subject to an in-season closure on June 30, 2015, when the sector's ACL of 1,157,001 lb (524,806 kg), round weight, was reached (80 FR 36249, June 24, 2015, and 80 FR 36932, June 29, 2015). However, the recently implemented final rule for Amendment 8 to the FMP increased the dolphin commercial ACL from 1,157,001 lb (524,807 kg), round weight, to 1,534,485 lb (696,031 kg), round weight (81 FR 3781, January 22, 2016). Using 2015 data for the months open to commercial dolphin harvest during the fishing year and average 2010-2014 data for the months closed to dolphin harvest, NMFS estimated that in the absence of AM closures and commercial trip limits the 2015 commercial landings would have been approximately 1,229,669 lb (557,768 kg), round weight, with a dockside value of $3,725,896 (2014 dollars). Thus, if the increased dolphin commercial allocation had been in effect in 2015, it is likely that no commercial closure would have occurred. Based on the increased commercial allocation, and assuming effort in 2016 and onwards would remain the same as estimated for the 2015 fishing year, 75 percent of the commercial ACL would be estimated to be reached on August 25 each year, and the proposed trip limit would then apply for the rest of the fishing year. The projected landings under this scenario would be 1,229,669 lb (557,768 kg), round weight, with a dockside value of $3,725,896 (2014 dollars). Thus, the proposed trip limit would not result in any reduction in total landings or revenues. Although total landings or revenues would not be adversely affected, the proposed trip limit would be expected to have disproportionate impacts on vessels, with high-volume vessels such as those using longline gear more adversely affected than others. However, based on the estimated landings and effort distribution by gear type for 2015, the proposed trip limit would not be expected to adversely affect the trips and landings of any vessel regardless of the gear type they used. Possibilities exist that the dolphin commercial sector may increase future effort and landings so that the total harvest could reach or exceed the commercial ACL if unrestrained by a trip limit. The harvest closure in 2015, even though it happened before the increase in the commercial ACL took effect, could motivate current participants to increase their effort to take advantage of fishing opportunities before harvest is prohibited. Because the Atlantic dolphin and wahoo commercial permit is an open access permit, new entrants, particularly longliners that fish for highly migratory species, could enter the dolphin and wahoo fishery and increase total effort and harvest. If this occurs, the proposed trip limits could constrain total harvest and prolong the commercial season. Total revenues for a fishing year would be expected to be higher, so long as the higher landings do not substantially depress the dockside price for dolphin. It cannot be determined, however, if higher revenues would translate to higher profits because the trip limit would reduce profit per trip. However, based on available data, NMFS analysis is that the proposed trip limit may be expected to have no adverse effects on vessel revenues, and thus, the proposed trip limit may be considered as a precautionary measure at this time and will not have a significant economic impact on the affected small entities. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this proposed rule. Accordingly, this rule does not implicate the Paperwork Reduction Act. The information provided above supports a determination that this rule would not have a significant economic impact on a substantial number of small entities. Because this rule, if implemented, is not expected to have a significant economic impact on any small entities, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 622 Commercial, Dolphin, Fisheries, Fishing, Trip limits. Dated: June 23, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons stated in the preamble, NMFS proposes to amend 50 CFR part 622 as follows: PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 0 1. The authority citation for part 622 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 622.278, revise paragraph (a) to read as follows: Sec. 622.278 Commercial trip limits. * * * * * (a) Trip-limited permits--(1) Atlantic wahoo. (i) The trip limit for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). This trip limit applies to a vessel that has a Federal commercial permit for Atlantic dolphin and wahoo, provided that the vessel is not operating as a charter vessel or headboat. (ii) See Sec. 622.280(b)(1) for the limitations regarding wahoo after the ACL is reached. (2) The trip limit for a vessel that does not have a Federal commercial vessel permit for Atlantic dolphin and wahoo but has a Federal commercial vessel permit in any other fishery is 200 lb (91 kg) of dolphin and wahoo, combined, provided that all fishing on and landings from that trip are north of 39[deg] N. lat. (A charter vessel/ headboat permit is not a commercial vessel permit.) (3) Atlantic dolphin. (i) Once 75 percent of the ACL specified in [[Page 42628]] Sec. 622.280(a)(1)(i) is reached, the trip limit is 4,000 lb (1,814 kg), round weight. When the conditions in this paragraph (a)(3)(i) have been met, the Assistant Administrator will implement this trip limit by filing a notification with the Office of the Federal Register. This trip limit applies to a vessel that has a Federal commercial permit for Atlantic dolphin and wahoo, provided that the vessel is not operating as a charter vessel or headboat. (ii) See Sec. 622.280(a)(1) for the limitations regarding dolphin after the ACL is reached. * * * * * [FR Doc. 2016-15494 Filed 6-29-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules 42625
or symbol of the manufacturer, the date return of the IBC for reuse to the original ■ 23. In § 180.407, paragraph (g)(1)(iv) is
of manufacture and the country consignor), each of the parts intended to revised to read as follows:
authorizing the allocation of the mark as be detached when so dismantled must
specified in paragraph (a) of this be marked with the month and year of § 180.407 Requirements for test and
section. The date of manufacture of the manufacture and the name or symbol of inspection of specification cargo tanks.
inner receptacle may be different from the manufacturer. * * * * *
the marked date of manufacture * * * * * (g) * * *
required by § 178.703(a)(1)(iv) or by
§ 180.352(d)(1)(iv) of this chapter (1) * * *
PART 180—CONTINUING
provided that the retest and inspection QUALIFICATION AND MAINTENANCE (iv) Each cargo tank must be tested
of the IBCs be based on the earliest OF PACKAGINGS hydrostatically or pneumatically to the
marked date; and internal pressure specified in the
(ii) When a composite IBC is designed ■ 22. The authority citation for part 180 following table. At no time during the
in such a manner that the outer casing continues to read as follows: pressure test may a cargo tank be subject
is intended to be dismantled for Authority: 49 U.S.C. 5101–5128; 49 CFR to pressures that exceed those identified
transport when empty (such as, for the 1.81 and 1.97. in the following table:
Specification Test pressure
MC 300, 301, 302, 303, 305, 306 ............. The test pressure on the name plate or specification plate, 20.7 kPa (3 psig) or design pressure,
whichever is greater.
MC 304, 307 .............................................. The test pressure on the name plate or specification plate, 275.8 kPa (40 psig) or 1.5 times the de-
sign pressure, whichever is greater.
MC 310, 311, 312 ...................................... The test pressure on the name plate or specification plate, 20.7 kPa (3 psig) or 1.5 times the design
pressure, whichever is greater.
MC 330, 331 .............................................. The test pressure on the name plate or specification plate, 1.5 times either the MAWP or the re-
rated pressure, whichever is applicable.
MC 338 ...................................................... The test pressure on the name plate or specification plate, 1.25 times either the MAWP or the re-
rated pressure, whichever is applicable.
DOT 406 .................................................... The test pressure on the name plate or specification plate, 34.5 kPa (5 psig) or 1.5 times the
MAWP, whichever is greater.
DOT 407 .................................................... The test pressure on the name plate or specification plate, 275.8 kPa (40 psig) or 1.5 times the
MAWP, whichever is greater.
DOT 412 .................................................... The test pressure on the name plate or specification plate, 1.5 times the MAWP.
* * * * * data report required by the ASME, the DEPARTMENT OF COMMERCE
■ 24. In § 180.605, paragraph (l) is owner may contact the National Board
revised to read as follows: for a copy of the manufacturer’s data National Oceanic and Atmospheric
report, if the portable tank was Administration
§ 180.605 Requirements for periodic
testing, inspection and repair of portable
registered with the National Board, or
copy the information contained on the 50 CFR Part 622
tanks.
* * * * * portable tanks specification plate and [Docket No. 160302174–6174–01]
ASME Code data plates.
(l) Record retention. (1) The owner of RIN 0648–BF81
each portable tank or his authorized Issued in Washington, DC, on June 23,
agent shall retain a written record of the 2016, under authority delegated in 49 CFR Fisheries of the Caribbean, Gulf of
date and results of all required 1.97. Mexico, and South Atlantic; Dolphin
inspections and tests, including an William Schoonover, and Wahoo Fishery Off the Atlantic
ASME manufacturer’s date report, if Acting Associate Administrator for
States; Regulatory Amendment 1
applicable, and the name and address of Hazardous Materials Safety, Pipeline and AGENCY: National Marine Fisheries
the person performing the inspection or Hazardous Materials Safety Administration. Service (NMFS), National Oceanic and
test, in accordance with the applicable [FR Doc. 2016–15303 Filed 6–29–16; 8:45 am] Atmospheric Administration (NOAA),
specification. The manufacturer’s data BILLING CODE 4910–60–P Commerce.
report, including a certificate(s) signed ACTION: Proposed rule; request for
by the manufacturer, and the authorized comments.
design approval agency, as applicable,
indicating compliance with the SUMMARY: NMFS proposes regulations to
applicable specification of the portable implement Regulatory Amendment 1 for
tank, and related papers certifying that the Fishery Management Plan (FMP) for
the portable tank was manufactured and the Dolphin and Wahoo Fishery off the
tested in accordance with the applicable Atlantic States (Regulatory Amendment
sradovich on DSK3GDR082PROD with PROPOSALS
specification must be retained in the 1) as prepared and submitted by the
files of the owner, or his authorized South Atlantic Fishery Management
agent, during the time that such portable Council (Council). If implemented, this
tank is used for such service, except for proposed rule would establish a
Specifications 56 and 57 portable tanks. commercial trip limit for Atlantic
(2) If the owner does not have the dolphin for vessels with a Federal
manufacturer’s certificate required by commercial permit for Atlantic dolphin
the specification and the manufacturer’s and wahoo. The purpose of this
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![42628 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules
§ 622.280(a)(1)(i) is reached, the trip with the Office of the Federal Register. (ii) See § 622.280(a)(1) for the
limit is 4,000 lb (1,814 kg), round This trip limit applies to a vessel that limitations regarding dolphin after the
weight. When the conditions in this has a Federal commercial permit for ACL is reached.
paragraph (a)(3)(i) have been met, the Atlantic dolphin and wahoo, provided * * * * *
Assistant Administrator will implement that the vessel is not operating as a [FR Doc. 2016–15494 Filed 6–29–16; 8:45 am]
this trip limit by filing a notification charter vessel or headboat. BILLING CODE 3510–22–P
sradovich on DSK3GDR082PROD with PROPOSALS
VerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4702 Sfmt 9990 E:\FR\FM\30JNP1.SGM 30JNP1](https://thefederalregister.org/doc/81_FR_42751/page/4.svg)
Document Created: 2018-02-08 07:45:38
Document Modified: 2018-02-08 07:45:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Written comments must be received on or before August 1, 2016. | |
| Contact | Karla Gore, NMFS SERO, telephone: 727- 551-5753, or email: [email protected] | |
| FR Citation | 81 FR 42625 | |
| RIN Number | 0648-BF81 | |
| CFR Associated | Commercial; Dolphin; Fisheries; Fishing and Trip Limits |
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