81_FR_44086 81 FR 43957 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Access Area to General Category Individual Fishing Quota Scallop Vessels

81 FR 43957 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Access Area to General Category Individual Fishing Quota Scallop Vessels

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 129 (July 6, 2016)

Page Range43957-43958
FR Document2016-15952

NMFS announces that the Mid-Atlantic 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. After the effective date, no vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic 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 Mid-Atlantic Scallop Access Area will be taken.

Federal Register, Volume 81 Issue 129 (Wednesday, July 6, 2016) 
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43957-43958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15952]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151210999-6348-02]
RIN 0648-XE709


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Closure of the Mid-Atlantic 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 Mid-Atlantic 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. After the effective date, no vessel issued a 
Limited Access General Category Individual Fishing Quota permit may 
fish for, possess, or land scallops from the Mid-Atlantic 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 Mid-Atlantic Scallop 
Access Area will be taken.

DATES: Effective 0001 hr local time, July 4, 2016, through February 28, 
2017.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: The reader can find regulations governing 
fishing activity in the Sea Scallop Access Areas 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 Mid-Atlantic Scallop Access Area under specific 
conditions, including a total of 2,068 trips that may be taken by LAGC 
IFQ vessels during the 2016 fishing year. Section 648.60(g)(3)(iii) 
requires the Mid-Atlantic Scallop 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 Mid-Atlantic Scallop Access Area, and analysis of fishing effort, 
NMFS projects

[[Page 43958]]

that 2,068 trips will be taken as of July 4, 2016. Therefore, in 
accordance with Sec.  648.60(g)(3)(iii), NMFS is closing the Mid-
Atlantic Scallop Access Area is closed to all LAGC IFQ scallop vessels 
as of July 4, 2016. No vessel issued an LAGC IFQ permit may fish for, 
possess, or land scallops in or from the Mid-Atlantic Scallop Access 
Area after 0001 local time, July 4, 2016. Any LAGC IFQ vessel that has 
declared into the Mid-Atlantic Access Area scallop fishery, complied 
with all trip notification and observer requirements, and crossed the 
vessel monitoring system demarcation line on the way to the area before 
0001, July 4, 2016, may complete its trip. 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 Mid-Atlantic 
Access Area opened for the 2016 fishing year on April 1, 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 Mid-Atlantic 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 Mid-Atlantic 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 Mid-Atlantic Scallop Access Area. 
Excessive trips and harvest from the Mid-Atlantic 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. Current regulations prohibit LAGC IFQ 
scallop vessels from fishing for, possessing, or landing scallops from 
this area after the effective date of this notification published in 
the Federal Register. 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 30, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-15952 Filed 6-30-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43957 Acquisition Policy Division, at 202– ■c. Redesignating Alternate II as DEPARTMENT OF COMMERCE 357–9652, for clarification of content. Alternate I. For information pertaining to status or [FR Doc. 2016–15899 Filed 7–5–16; 8:45 am] National Oceanic and Atmospheric publication schedules, contact the BILLING CODE 6920–14–P Administration Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 50 CFR Part 648 20405, 202–501–4755. Please cite DEPARTMENT OF TRANSPORTATION [Docket No. 151210999–6348–02] GSAR–TA–02; Technical Amendments. RIN 0648–XE709 SUPPLEMENTARY INFORMATION: GSA Federal Motor Carrier Safety published a document in the Federal Administration Fisheries of the Northeastern United Register at 81 FR 36425, on June 6, 2016 States; Atlantic Sea Scallop Fishery; that was effective on July 6, 2016. Since 49 CFR Part 392 Closure of the Mid-Atlantic Access these changes were published, further [Docket No. FMCSA–2015–0396] Area to General Category Individual revisions were made to the affected Fishing Quota Scallop Vessels regulations by a document posted in the RIN 2126–AB87 Federal Register at 81 FR 41103 that AGENCY: National Marine Fisheries was effective on June 23, 2016. Driving of Commercial Motor Vehicles: Service (NMFS), National Oceanic and Therefore, conforming changes are being Use of Seat Belts; Correction Atmospheric Administration (NOAA), made to correct 48 CFR parts 538 and AGENCY: Federal Motor Carrier Safety Commerce. 552. Administration, DOT. ACTION: Temporary rule; closure. List of Subjects in 48 CFR Parts 538 and ACTION: Final rule; correction. SUMMARY: NMFS announces that the 552 SUMMARY: FMCSA corrects an error in Mid-Atlantic Scallop Access Area will its June 7, 2016, final rule ‘‘Driving of close to Limited Access General Government procurement. Commercial Motor Vehicles: Use of Seat Category Individual Fishing Quota Dated: June 29, 2016. scallop vessels for the remainder of the Belts.’’ The amendatory language in the Jeffrey A. Koses, 2016 fishing year as of the effective date final rule inadvertently limited the Senior Procurement Executive, Office of applicability of the requirement for below. After the effective date, no vessel Acquisition Policy, Office of Government- issued a Limited Access General drivers to use their seat belts to wide Policy. Category Individual Fishing Quota operators of property-carrying vehicles. Therefore, GSA amends 48 CFR parts Today’s correction fixes the error such permit may fish for, possess, or land 538 and 552 as set forth below: that drivers of passenger-carrying scallops from the Mid-Atlantic Scallop ■ 1. The authority citation for 48 CFR vehicles will continue to be required to Access Area. Regulations require this parts 538 and 552 continues to read as wear their seat belts. action once it is projected that 100 follows: DATES: Effective August 8, 2016. percent of trips allocated to the Limited Access General Category Individual Authority: 40 U.S.C. 121(c). FOR FURTHER INFORMATION CONTACT: Fishing Quota scallop vessels for the Charles A. Horan, Director; Carrier, Mid-Atlantic Scallop Access Area will PART 538—FEDERAL SUPPLY Driver, and Vehicle Safety Standards, SCHEDULE CONTRACTING be taken. Office of Policy, Federal Motor Carrier DATES: Effective 0001 hr local time, July Safety Administration, 1200 New Jersey ■ 2. Amend section 538.273 by Avenue SE., Washington, DC 20590– 4, 2016, through February 28, 2017. removing from paragraph (b)(1) 0001 or by telephone at (202) 366–5370. FOR FURTHER INFORMATION CONTACT: ‘‘Alternate II’’ and adding ‘‘Alternate I’’ Shannah Jaburek, Fishery Management SUPPLEMENTARY INFORMATION: The in its place; and revising paragraph Specialist, (978) 282–8456. (b)(2) to read as follows: Federal Motor Carrier Safety Administration published a document SUPPLEMENTARY INFORMATION: The reader 538.273 Contract clauses. in the Federal Register of June 7, 2016 can find regulations governing fishing (81 FR 36474). In FR Doc. 2016–13099, activity in the Sea Scallop Access Areas * * * * * published in the Federal Register of in 50 CFR 648.59 and 648.60. These (b) * * * regulations authorize vessels issued a June 7, 2016, (81 FR 36474), § 392.16(a) (2) 552.238–75, Price Reductions. Use valid Limited Access General Category was amended to inadvertently include Alternate I for Federal Supply (LAGC) Individual Fishing Quota (IFQ) the phrase ‘‘property-carrying.’’ This Schedules with Transactional Data scallop permit to fish in the Mid- correction removes the phrase Reporting requirements. This alternate Atlantic Scallop Access Area under ‘‘property-carrying.’’. clause is used when vendors agree to specific conditions, including a total of include clause 552.238–74 Alternate I in § 392.16 [Corrected] 2,068 trips that may be taken by LAGC the contract. IFQ vessels during the 2016 fishing ■ In rule FR Doc. 2016–13099, * * * * * published on June 7, 2016 (81 FR 36474) year. Section 648.60(g)(3)(iii) requires make the following correction. On page the Mid-Atlantic Scallop Access Area to PART 552—SOLICITATION be closed to LAGC IFQ permitted 36479, in the third column, remove the PROVISIONS AND CONTRACT vessels for the remainder of the fishing words ‘‘property-carrying’’ from where CLAUSES year once the NMFS Greater Atlantic it appears twice in paragraph (a) of § 392.16. Regional Administrator determines that ehiers on DSK5VPTVN1PROD with RULES 552.238–75 [Amended] the allowed number of trips for fishing ■ 3. Amend section 552.238–75 by— Issued on: June 28, 2016. year 2016 are projected to be taken. ■ a. Removing from paragraph (c)(2) Larry W. Minor, Based on trip declarations by LAGC ‘‘Government’’ and adding ‘‘eligible Associate Administrator for Policy. IFQ scallop vessels fishing in the Mid- ordering activity’’ in its place; [FR Doc. 2016–15941 Filed 7–5–16; 8:45 am] Atlantic Scallop Access Area, and ■ b. Removing Alternate I; and BILLING CODE 4910–EX–P analysis of fishing effort, NMFS projects VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1

43958 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations that 2,068 trips will be taken as of July Mid-Atlantic Access Area opened for Area. Excessive trips and harvest from 4, 2016. Therefore, in accordance with the 2016 fishing year on April 1, 2016. the Mid-Atlantic Scallop Access Area § 648.60(g)(3)(iii), NMFS is closing the The regulations at § 648.60(g)(3)(iii) would result in excessive fishing effort Mid-Atlantic Scallop Access Area is require this closure to ensure that LAGC in the area, where effort controls are closed to all LAGC IFQ scallop vessels IFQ scallop vessels do not take more critical, thereby undermining as of July 4, 2016. No vessel issued an than their allocated number of trips in conservation objectives of the Atlantic LAGC IFQ permit may fish for, possess, the Mid-Atlantic Scallop Access Area. Sea Scallop Fishery Management Plan or land scallops in or from the Mid- The projections of the date on which the and requiring more restrictive future Atlantic Scallop Access Area after 0001 LAGC IFQ fleet will have taken all of its management measures. Also, the public local time, July 4, 2016. Any LAGC IFQ allocated trips in an Access Area had prior notice and full opportunity to vessel that has declared into the Mid- become apparent only as trips into the comment on this closure process when Atlantic Access Area scallop fishery, area occur on a real-time basis and as we put these provisions in place. complied with all trip notification and activity trends begin to appear. As a Current regulations prohibit LAGC IFQ observer requirements, and crossed the result, NMFS can only make an accurate scallop vessels from fishing for, vessel monitoring system demarcation projection very close in time to when possessing, or landing scallops from this line on the way to the area before 0001, the fleet has taken all of its trips. In area after the effective date of this July 4, 2016, may complete its trip. This order to propose a closure for purposes notification published in the Federal closure is in effect for the remainder of of receiving prior public comment, Register. NMFS further finds, pursuant the 2016 scallop fishing year. NMFS would need to make a projection to 5 U.S.C 553(d)(3), good cause to based on very little information, which waive the 30-day delayed effectiveness Classification would result in a closure too early or too period for the reasons stated above. This action is required by 50 CFR part late. To allow LAGC IFQ scallop vessels Authority: 16 U.S.C. 1801 et seq. 648 and is exempt from review under to continue to take trips in the Mid- Executive Order 12866. Atlantic Scallop Access Area during the Dated: June 30, 2016. NMFS finds good cause pursuant to 5 period necessary to publish and receive Emily H. Menashes, U.S.C. 553(b)(B) to waive prior notice comments on a proposed rule would Acting Director, Office of Sustainable and the opportunity for public comment likely result in vessels taking much Fisheries, National Marine Fisheries Service. because it would be contrary to the more than the allowed number of trips [FR Doc. 2016–15952 Filed 6–30–16; 4:15 pm] public interest and impracticable. The in the Mid-Atlantic Scallop Access BILLING CODE 3510–22–P ehiers on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\06JYR1.SGM 06JYR1


Document Created: 2016-07-06 07:55:47
Document Modified: 2016-07-06 07:55:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 0001 hr local time, July 4, 2016, through February 28, 2017.
ContactShannah Jaburek, Fishery Management Specialist, (978) 282-8456.
FR Citation81 FR 43957 
RIN Number0648-XE70
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR