81 FR 47152 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 139 (July 20, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 139 (July 20, 2016)
| Page Range | 47152-47154 | |
| FR Document | 2016-17158 |
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)] [Proposed Rules] [Pages 47152-47154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17158] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648-BF72 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendment; request for comments. ----------------------------------------------------------------------- SUMMARY: The New England Fishery Management Council has submitted to NMFS Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan which proposes to incorporate a specifications process into the Atlantic Sea Scallop Fishery Management Plan and to change the start of the fishing year from March 1 to April 1. The ability to develop specifications to set annual or biennial allocations would allow for a more timely process for setting annual allocations than currently possible with framework adjustments. By adjusting the start of the scallop fishing year from March 1 to April 1, NMFS would be able to implement simple specification actions at the start of the fishing year on a more consistent basis. NMFS requests public comments on whether NMFS should approve this amendment and the draft Environmental Assessment incorporated in the amendment. [[Page 47153]] DATES: Comments must be received on or before September 19, 2016. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0028, by any one of the following methods. Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0028, 2. Click the ``Comment Now!'' icon, complete the required fields. 3. Enter or attach your comments. 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 the required fields if you wish to remain anonymous). Copies of Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan (Amendment 19), and of the draft Environmental Assessment (EA) and Regulatory Impact Review, are available from the Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. The EA/RIR is also accessible via the Internet at: www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 978-281-9244. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each Regional Fishery Management Council submit any Fishery Management Plan (FMP) amendment it prepares to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish notification in the Federal Register that the amendment is available for public review and comment. The New England Fishery Management Council approved Amendment 19, which would authorize the Council to develop specifications to set annual or biennial allocations and change the start of the scallop fishing year from March 1 to April 1. The Council submitted its final version of Amendment 19 to NMFS for review on June 16, 2016. NMFS has declared a transmittal date of July 14, 2016. The Council has reviewed the Amendment 19 proposed rule regulations as drafted by NMFS and deemed them to be necessary and appropriate as specified in section 303(c) of the MSA. If approved by NMFS, this amendment would simplify the specifications-setting process and enable scallop allocations to be implemented closer to the scallop fishing year. Background The scallop fishery's management unit ranges from the shorelines of Maine through North Carolina to the outer boundary of the Exclusive Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP), established in 1982, includes a number of amendments and framework adjustments that have revised and refined the fishery's management. The Council has had to rely on the framework adjustment process to set scallop fishery measures, often referred to as specifications, that occur annually or biennially. Typically, these specifications include annual catch limits, days-at-sea (DAS), rotational area management, possession limits, access area trip allocations, individual fishing quota (IFQ) allocations, and allocations for vessels with Northern Gulf of Maine permits. These framework adjustments often include other management measures and are often implemented 2 to 3 months after the March 1 start of the scallop fishing year (March 1 through February 28/ 29). Amendment 4 to the Scallop FMP (59 FR 2757, January 19, 1994), was a major shift in scallop fishery management. It established a limited access permit and effort control program and the new permits and effort control became effective on March 1, 1994. Framework Adjustment 1 (59 FR 36720, July 19, 1994) formally adopted March1 as the start of the scallop fishing year. There was no biological or economic rationale originally for selecting this date as the start of the fishing year: Framework 1 codified the March 1 Amendment 4 effective date as the start of the fishing year so that allocations for 1994 spanned a 12- month period in order to ensure a reduction in fishing effort the first year of the DAS effort-control program. This fishing year has remained in place since that time, even though specifications have become increasingly more complicated with the development of the scallop access area rotation program in 2004 and IFQ fishery in 2010. In the last 16 years following Framework 11, there have been 12 actions that set annual scallop specifications. Four of those actions set specifications for 2 years, which ensured that the second year's specifications for each of those actions were implemented on March 1. Aside from these biennial frameworks, we have only been able to set specifications by March 1 on two occasions, both involving special circumstances (i.e., the proposed rule was waived for one framework action and Council took final action 2 months earlier than usual for the other action). Typically, the Council begins developing a specifications-setting framework in June. Scallop biomass estimates are provided through scallop surveys conducted by NMFS and other research institutions in the spring and summer. These estimates are not generally available for consideration until the early fall, at which point the Scallop Plan Development Team (PDT) develops and analyzes fishery allocation alternatives for Council consideration. In order to incorporate the most recent available scallop survey information into these alternatives, which has proved essential in setting appropriate access area catch levels, the Council has been taking final action in November and NMFS has typically implemented allocations in May or June. In 2013, the Council began developing specifications on an annual basis via frameworks at the request of the industry to avoid biennial specifications that resulted in the second year specifications being out of sync with what the most recent annual surveys indicate could be harvested in a given area. However, this meant that the annual specifications were likely to be late every year due to availability of relevant data. To address this problem, the Council has been specifying ``default'' specifications for the year after annual specifications are set to fill the gap between the end of the fishing year and the setting of new specifications for the next fishing year. Implementing these ``default'' specifications every year is an administrative burden to NMFS staff and can result in complex inseason changes in fishery specifications. In addition, default specifications lead to confusion and uncertainty for the fleet, as well as potentially negative impacts on the resource and fishery if effort shifts into areas or seasons that are less desirable as a result of delayed measures. The Council initiated Amendment 19 to develop an alternative to the framework adjustment process to [[Page 47154]] implement specifications closer to the start of the scallop fishing year. To address these timing issues while still supporting the current timeline for integrating the best available science in to the management process, Amendment 19 proposes to:Establish a specifications process so that allocations would not be tied only to actions that tend to have longer timelines (e.g., frameworks or amendments); and Adjust the scallop fishing year to April 1 through March 31. Adding the ability to adjust allocations through a specifications setting process would produce some time-savings because the Council would not be required to discuss measures over the course of two Council meetings, as is required under the framework adjustment process. However, it would not guarantee allocations would be in place by March 1 of each year. As a result, the Council is recommending that the fishing year be changed to April 1 through March 31. Pushing the fishing year back one month would increase the likelihood that NMFS would be able to implement simple specifications actions at the start of the scallop fishing year on a more consistent basis, avoiding the need to implement default measures. Amendment 19 would also adjust the scallop permit year so that it continues to match the official fishing year (i.e., scallop permits would need to be renewed by April 1 of each year). In addition, NMFS and Council staff discussed other, non-regulatory streamlining initiatives that will result in time-savings in implementing final allocations. These include preparing a decision draft of an EA immediately following the Council's final action on a framework and publishing a proposed rule prior to NMFS' formal review of the EA. These measures will assist in implementing simple, non- controversial specifications actions on a quicker timeline than typical frameworks. We are soliciting public comments on Amendment 19 and its incorporated documents through the end of the comment period stated in this notice of availability. A proposed rule that would implement Amendment 19 will be published in the Federal Register for additional public comment. NMFS will evaluate the proposed rule under the procedures of the Magnuson-Stevens Act. Public comments on the proposed rule must be received by the end of the comment period provided in this notice of availability to be considered in the approval/disapproval decision on Amendment 19. All comments received by close of business on September 19, 2016, whether specifically directed to Amendment 19 or the proposed rule, will be considered in the approval/disapproval decision on the amendment. Comments received after that date will not be considered in the decision to approve or disapprove Amendment 19, including those postmarked or otherwise transmitted, but not received by NMFS, by the last day of the comment period. Authority: 16 U.S.C. 1801 et seq. Dated: July 15, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-17158 Filed 7-19-16; 8:45 am] BILLING CODE 3510-22-P
![47152 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules
monomers: Acrylamide, diethyl Federal eRulemaking Portal: http:// Confidential Business Information (CBI),
maleate, dioctyl maleate, maleic acid, www.regulations.gov. Follow the Personally Identifiable Information or
maleic anhydride, monoethyl maleate, instructions for submitting comments. any information that is otherwise
monooctyl maleate, N-methyl Email: Submit electronic comments to protected from disclosure by statute.
acrylamide, N,N-dimethyl acrylamide, lbond@usaid.gov. See SUPPLEMENTARY As noted above, in the ‘‘Rules and
N-octylacrylamide; and their INFORMATION for file formats and other Regulations’’ section of this Federal
corresponding ammonium, information about electronic filing. Register, USAID is publishing a direct
isopropylamine, monoethanolamine, Mail: USAID, Bureau for Management, final rule with the same title that
potassium, sodium triethylamine, and/ Office of Acquisition & Assistance, announces revisions to the Agency for
or triethanolamine salts; the resulting Policy Division, Room 867–G, SA–44, International Development Acquisition
polymer having a minimum number 1300 Pennsylvania Ave. NW., Regulation (AIDAR). For detailed
average molecular weight (in amu), Washington, DC 20523–2052. information on these revisions, please
1,200 when used as a pesticide inert FOR FURTHER INFORMATION CONTACT: see the direct final rule.
ingredient in pesticide formulations Lyudmila Bond, Telephone: 202–567– Dated: July 1, 2016.
under 40 CFR 180.960 to include the 4753 or Email: lbond@usaid.gov. Mark Walter,
monomers lauryl acrylate and SUPPLEMENTARY INFORMATION: USAID is Acting Chief Acquisition Officer.
acrylamidopropyl methyl sulfonic acid. publishing this amendment as a direct [FR Doc. 2016–17136 Filed 7–19–16; 8:45 am]
The petitioner believes no analytical final rule because the Agency views it
method is needed because the request is BILLING CODE 6116–01–P
as a conforming and administrative
for an exemption from the requirement amendment and does not anticipate any
of a tolerance. Contact: RD adverse comments. A detailed
Authority: 21 U.S.C. 346a. discussion of the rule is set forth in the DEPARTMENT OF COMMERCE
Dated: June 30, 2016. preamble of the direct final rule.
If no adverse comments are received National Oceanic and Atmospheric
Susan Lewis, Administration
in response to the direct final rule, no
Director, Registration Division, Office of
Pesticide Programs. further action will be taken related to
this proposed rule. 50 CFR Part 648
[FR Doc. 2016–17164 Filed 7–19–16; 8:45 am]
If adverse comment(s) are received on
BILLING CODE 6560–50–P RIN 0648–BF72
the direct final rule, USAID will publish
a timely withdrawal in the Federal Magnuson-Stevens Fishery
Register informing the public that the Conservation and Management Act
AGENCY FOR INTERNATIONAL direct final rule will not take effect. All Provisions; Fisheries of the
DEVELOPMENT public comments received on the direct Northeastern United States;
final rule will be addressed in a Amendment 19 to the Atlantic Sea
48 CFR Part 752 subsequent final rule based on this Scallop Fishery Management Plan
proposed rule. USAID will not institute
RIN 0412–AA82 a second comment period. Any parties AGENCY: National Marine Fisheries
interested in commenting on this action Service (NMFS), National Oceanic and
Agency for International Development should do so at this time. Atmospheric Administration (NOAA),
Acquisition Regulation (AIDAR): Commerce.
Preference for Privately Owned U.S.- A. Instructions
ACTION: Notice of availability of fishery
Flag Commercial Vessels All comments must be in writing and management plan amendment; request
submitted through one of the methods for comments.
AGENCY: U.S. Agency for International specified in the Addresses section
Development. above. All submissions must include the SUMMARY: The New England Fishery
ACTION: Proposed rule. title of the action and RIN for this Management Council has submitted to
rulemaking. Please include your name, NMFS Amendment 19 to the Atlantic
SUMMARY: This proposed rule is a title, organization, postal address, Sea Scallop Fishery Management Plan
companion document to the U.S. telephone number, and email address in which proposes to incorporate a
Agency for International Development the text of the message. specifications process into the Atlantic
(USAID) direct final rule (published in Comments submitted by email must Sea Scallop Fishery Management Plan
the ‘‘Rules and Regulations’’ section of be included in the text of the email or and to change the start of the fishing
this Federal Register), amending the attached as a PDF file. Please avoid year from March 1 to April 1. The
AIDAR to conform to the current using special characters and any form of ability to develop specifications to set
requirements of the Cargo Preference encryption. Please note, however, that annual or biennial allocations would
Act of 1954 and provide up-to-date because security screening precautions allow for a more timely process for
submission instructions to the Maritime have slowed the delivery and setting annual allocations than currently
Administration (MARAD). dependability of surface mail to USAID/ possible with framework adjustments.
DATES: Submit comments on or before Washington, USAID recommends By adjusting the start of the scallop
September 19, 2016. sending all comments to the Federal fishing year from March 1 to April 1,
mstockstill on DSK3G9T082PROD with PROPOSALS
ADDRESSES: Address all comments eRulemaking Portal. NMFS would be able to implement
concerning this notice to Lyudmila After receipt of a comment and until simple specification actions at the start
Bond, Bureau for Management, Office of finalization of the action, all comments of the fishing year on a more consistent
Acquisition and Assistance, Policy will be made available at http:// basis. NMFS requests public comments
Division (M/OAA/P), Room 867–G, SA– www.regulations.gov for public review on whether NMFS should approve this
44, Washington, DC 20523–2052. without change, including any personal amendment and the draft
Submit comments by any of the information provided. Do not submit Environmental Assessment incorporated
following methods: information that you consider to be in the amendment.
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![47154 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules
implement specifications closer to the comment period provided in this notice 0048, click the ‘‘Comment Now!’’ icon,
start of the scallop fishing year. To of availability to be considered in the complete the required fields, and enter
address these timing issues while still approval/disapproval decision on or attach your comments.
supporting the current timeline for Amendment 19. All comments received • Mail: Submit written comments to
integrating the best available science in by close of business on September 19, William W. Stelle, Jr., Regional
to the management process, 2016, whether specifically directed to Administrator, West Coast Region,
Amendment 19 proposes to: Amendment 19 or the proposed rule, NMFS, 7600 Sand Point Way NE.,
• Establish a specifications process so will be considered in the approval/ Seattle, WA 98115–0070; Attn: Joshua
that allocations would not be tied only disapproval decision on the Lindsay.
to actions that tend to have longer amendment.
timelines (e.g., frameworks or Instructions: Comments must be
Comments received after that date submitted by one of the above methods
amendments); and will not be considered in the decision
• Adjust the scallop fishing year to to ensure that the comments are
to approve or disapprove Amendment received, documented, and considered
April 1 through March 31. 19, including those postmarked or
Adding the ability to adjust by NMFS. Comments sent by any other
otherwise transmitted, but not received method, to any other address or
allocations through a specifications by NMFS, by the last day of the
setting process would produce some individual, or received after the end of
comment period. the comment period, may not be
time-savings because the Council would
not be required to discuss measures over Authority: 16 U.S.C. 1801 et seq. considered. All comments received are
the course of two Council meetings, as Dated: July 15, 2016. a part of the public record and will
is required under the framework Emily H. Menashes, generally be posted for public viewing
adjustment process. However, it would Acting Director, Office of Sustainable on www.regulations.gov without change.
not guarantee allocations would be in Fisheries, National Marine Fisheries Service. All personal identifying information
place by March 1 of each year. As a [FR Doc. 2016–17158 Filed 7–19–16; 8:45 am]
(e.g., name, address, etc.) submitted
result, the Council is recommending voluntarily by the sender will be
BILLING CODE 3510–22–P
that the fishing year be changed to April publicly accessible. Do not submit
1 through March 31. Pushing the fishing confidential business information, or
year back one month would increase the DEPARTMENT OF COMMERCE otherwise sensitive or protected
likelihood that NMFS would be able to information. NMFS will accept
implement simple specifications actions National Oceanic and Atmospheric anonymous comments (enter ‘‘N/A’’ in
at the start of the scallop fishing year on Administration the required fields if you wish to remain
a more consistent basis, avoiding the anonymous). Copies of the report
need to implement default measures. 50 CFR Part 660 ‘‘Pacific Mackerel (Scomber japonicus)
Amendment 19 would also adjust the Stock Assessment for USA Management
[Docket No. 160617540–6540–01]
scallop permit year so that it continues in the 2015–2016 Fishing Year’’ may be
to match the official fishing year (i.e., RIN 0648–XE695 obtained from the West Coast Region
scallop permits would need to be (see ADDRESSES).
renewed by April 1 of each year). Fisheries Off West Coast States;
FOR FURTHER INFORMATION CONTACT:
In addition, NMFS and Council staff Coastal Pelagic Species Fisheries;
Annual Specifications; Correction Joshua Lindsay, West Coast Region,
discussed other, non-regulatory
NMFS, (562) 980–4034,
streamlining initiatives that will result
AGENCY: National Marine Fisheries Joshua.Lindsay@noaa.gov.
in time-savings in implementing final
allocations. These include preparing a Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION:
decision draft of an EA immediately Atmospheric Administration (NOAA),
Commerce. Need for Correction
following the Council’s final action on
a framework and publishing a proposed ACTION: Proposed rule; correction. In the ADDRESSES section of a
rule prior to NMFS’ formal review of the proposed rule (81 FR 40844, June 23,
SUMMARY: This document corrects a
EA. These measures will assist in 2016) on page 40845, in the first
typographical error in the ADDRESSES
implementing simple, non-controversial column, NMFS used an incorrect year,
section to a proposed rule published on
specifications actions on a quicker ‘‘2015’’ rather than ‘‘2016’’, in the
June 23, 2016.
timeline than typical frameworks. document identifier and Federal e-
We are soliciting public comments on DATES: Comments on the proposed rule
Rulemaking Portal hyperlink. The
Amendment 19 and its incorporated must be submitted on or before July 25, ADDRESSES section has been corrected in
documents through the end of the 2016. this document.
comment period stated in this notice of ADDRESSES: You may submit comments
Authority: 16 U.S.C. 1801 et seq.
availability. A proposed rule that would on this document identified by NOAA–
implement Amendment 19 will be NMFS–2016–0048, by any of the Dated: July 14, 2016.
published in the Federal Register for following methods: Samuel D. Rauch III,
additional public comment. NMFS will • Electronic Submissions: Submit all Deputy Assistant Administrator for
evaluate the proposed rule under the electronic public comments via the Regulatory Programs, National Marine
procedures of the Magnuson-Stevens Federal e-Rulemaking Portal. Go to Fisheries Service.
mstockstill on DSK3G9T082PROD with PROPOSALS
Act. Public comments on the proposed www.regulations.gov/ [FR Doc. 2016–17130 Filed 7–19–16; 8:45 am]
rule must be received by the end of the #!docketDetail;D=NOAA-NMFS-2016- BILLING CODE 3510–22–P
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Document Created: 2018-02-08 07:56:49
Document Modified: 2018-02-08 07:56:49
| 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 | Notice of availability of fishery management plan amendment; request for comments. | |
| Dates | Comments must be received on or before September 19, 2016. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, 978-281-9244. | |
| FR Citation | 81 FR 47152 | |
| RIN Number | 0648-BF72 |
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