81 FR 5979 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Resources of the Atlantic; Commercial Dolphin Fishery of the Atlantic; Control Date
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 23 (February 4, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 23 (February 4, 2016)
| Page Range | 5979-5980 | |
| FR Document | 2016-02093 |
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)] [Proposed Rules] [Pages 5979-5980] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02093] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 151217999-6045-01] RIN 0648-BF66 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Resources of the Atlantic; Commercial Dolphin Fishery of the Atlantic; Control Date AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advanced notice of proposed rulemaking; consideration of a control date. ----------------------------------------------------------------------- SUMMARY: This notice announces the establishment of a control date of June 30, 2015, that the South Atlantic Fishery Management Council (Council) may use if it decides to create restrictions limiting participation in the dolphin commercial sector of the dolphin and wahoo fishery in the Atlantic exclusive economic zone. Anyone entering the sector after the control date will not be assured of future access should a management regime that limits participation in the sector be prepared and implemented. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the Atlantic dolphin commercial sector while the Council and NMFS consider whether and how access to the sector should be controlled. NMFS invites comments on the establishment of this control date. DATES: Written comments must be received by March 7, 2016. ADDRESSES: You may submit comments identified by ``NOAA-NMFS-2016- 0001'' 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-2016-0001, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Mary Janine Vara, NMFS Southeast Regional Office, 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 [[Page 5980]] 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). FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery in the Atlantic is managed under the fishery management plan (FMP) for the Dolphin and Wahoo Fishery off the Atlantic States. The FMP was prepared by the Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) through regulations at 50 CFR part 622. The Council voted at the September 2015 meeting to establish a control date of June 30, 2015, for the Atlantic dolphin commercial sector of the dolphin and wahoo fishery. The control date enables the Council to inform current and potential participants that it is considering creating restrictions limiting participation in the Atlantic dolphin commercial sector. This notice informs current and potential participants in the Atlantic dolphin commercial sector within the dolphin and wahoo fishery that after June 30, 2015, they may not be ensured participation under future management of the fishery. If the Council decides to prepare an amendment to the FMP to restrict participation in the Atlantic dolphin commercial sector in relation to this control date, an analysis of specific biological, economic, and social effects will be prepared at that time. Publication of the control date in the Federal Register informs participants of the Council's considerations, and gives notice to anyone entering the Atlantic dolphin commercial sector after the control date that they would not be assured of future access to the sector should management changes be implemented that would restrict participation. Implementation of any such changes would require preparation of an amendment to the FMP and publication of a notice of availability and proposed rule in the Federal Register with public comment periods, and, if approved by the Secretary of Commerce, issuance of a final rule. Fishermen are not guaranteed future participation in a fishery or sector regardless of their entry date or intensity of participation in the fishery or sector before or after the control date under consideration. The Council subsequently may choose a different control date or they may choose a management regime without using a control date. The Council also may choose to take no further action to control entry or access to the Atlantic dolphin commercial sector, in which case the control date may be rescinded. This notification also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the Atlantic dolphin commercial sector of the dolphin and wahoo fishery. Authority: 16 U.S.C. 1801 et seq. Dated: January 29, 2016. Samuel D. Rauch III, Deputy Assistant for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-02093 Filed 2-3-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 5979
Background four FMPs. The result of this proposed DEPARTMENT OF COMMERCE
The final rule implementing change would be that under both the
Amendment 2 to the Queen Conch FMP authorizing FMPs and AM-based National Oceanic and Atmospheric
and Amendment 5 to the Reef Fish FMP closure regulatory language, an AM Administration
(2010 Caribbean ACL Amendment) closure would only apply for the fishing
established annual catch limits (ACLs) year in which it was implemented. This 50 CFR Part 622
and AMs for species and species groups approach is consistent with the intent of [Docket No. 151217999–6045–01]
that at the time were classified as the Council and implementing
RIN 0648–BF66
undergoing overfishing (i.e., parrotfish, regulations used by NMFS to apply AMs
snapper, grouper, and queen conch) (76 in the Caribbean EEZ. The current Fisheries of the Caribbean, Gulf of
FR 82404, December 30, 2011). The final process used by NMFS and the Council Mexico, and South Atlantic; Dolphin
rule implementing Amendment 3 to the to apply AMs in the Caribbean EEZ and Wahoo Resources of the Atlantic;
Queen Conch FMP, Amendment 6 to the would not change as a result of this Commercial Dolphin Fishery of the
Reef Fish FMP, Amendment 5 to the proposed amendment, thus this action Atlantic; Control Date
Spiny Lobster FMP, and Amendment 3 would have no additional direct or
to the Coral FMP, established ACLs and AGENCY: National Marine Fisheries
indirect economic, social, or biological/
AMs for the remaining Council- Service (NMFS), National Oceanic and
ecological effects.
managed species and species groups Atmospheric Administration (NOAA),
which were not undergoing overfishing A proposed rule that would Commerce.
at the time or for which the overfishing implement the measures outlined in the ACTION: Advanced notice of proposed
status was unknown (e.g., grunts, AM Application Amendment has been rulemaking; consideration of a control
squirrelfish, jacks) (76 FR 82414, drafted. In accordance with the date.
December 30, 2011). As described at Magnuson-Stevens Act, NMFS is
§ 622.12(a) for reef fish, spiny lobster, evaluating the AM Application SUMMARY: This notice announces the
and corals and § 622.491(b) for queen Amendment and the proposed rule to establishment of a control date of June
conch, the current AMs in the Caribbean determine whether it is consistent with 30, 2015, that the South Atlantic Fishery
EEZ require NMFS to shorten the length the FMPs, the Magnuson-Stevens Act, Management Council (Council) may use
of the fishing season for a species/ and other applicable law. If that if it decides to create restrictions
species group in the year following a determination is affirmative, NMFS will limiting participation in the dolphin
determination that the applicable 3-year publish the proposed rule in the Federal commercial sector of the dolphin and
landings average exceeded the wahoo fishery in the Atlantic exclusive
Register for public review and
respective ACL. The extent to which economic zone. Anyone entering the
comment.
fishing seasons are shortened equates to sector after the control date will not be
the number of days necessary to remove Consideration of Public Comments assured of future access should a
the overage in pounds and to therefore management regime that limits
The Council has submitted the AM participation in the sector be prepared
constrain landings to the ACL. Pursuant
Application Amendment for Secretarial and implemented. This announcement
to the regulations at §§ 622.12(a) and
622.491(b), any such AM-based closures review, approval, and implementation. is intended, in part, to promote
remain in effect only during the Comments received by April 4, 2016, awareness of the potential eligibility
particular fishing year in which they are will be considered by NMFS in its criteria for future access so as to
implemented. However, the AM closure decision to approve, disapprove, or discourage speculative entry into the
language in the four authorizing FMPs partially approve the AM Application Atlantic dolphin commercial sector
states that any AM-based closure will Amendment. Comments received after while the Council and NMFS consider
remain in effect until modified by the that date will not be considered by whether and how access to the sector
Council, thereby carrying these AM- NMFS in this decision. All relevant should be controlled. NMFS invites
based closures over from year to year comments received by NMFS on the comments on the establishment of this
unless or until the closures are revised amendment or the proposed rule during control date.
by subsequent Council action. their respective comment periods will DATES: Written comments must be
This inconsistent language between be addressed in the final rule. received by March 7, 2016.
the FMPs and the implementing ADDRESSES: You may submit comments
Authority: 16 U.S.C. 1801 et seq.
regulations may create confusion to identified by ‘‘NOAA–NMFS–2016–
fishers and the public about whether an Dated: January 29, 2016. 0001’’ by either of the following
AM-based closure for a specific species/ Emily H. Menashes, methods:
species group will continue in Acting Director, Office of Sustainable • Electronic Submission: Submit all
subsequent years if an AM is triggered. Fisheries, National Marine Fisheries Service. electronic public comments via the
The AM Application Amendment [FR Doc. 2016–02092 Filed 2–3–16; 8:45 am] Federal e-Rulemaking Portal. Go to
would correct the inconsistency BILLING CODE 3510–22–P
www.regulations.gov/
between the authorizing FMPs and the #!docketDetail;D=NOAA-NMFS-2016-
regulatory language at §§ 622.12(a) and 0001, click the ‘‘Comment Now!’’ icon,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
622.491(b) by revising the text within complete the required fields, and enter
the four FMPs describing how AMs are or attach your comments.
applied to be consistent with the • Mail: Submit written comments to
language in the regulations. Specifically, Mary Janine Vara, NMFS Southeast
the phrase in the four authorizing FMPs Regional Office, 263 13th Avenue
that states ‘‘The needed changes will South, St. Petersburg, FL 33701.
remain in effect until modified by the Instructions: Comments sent by any
Council,’’ which describes the duration other method, to any other address or
of AMs, would be removed from the individual, or received after the end of
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![5980 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules
the comment period, may not be dolphin commercial sector of the and proposed rule in the Federal
considered by NMFS. All comments dolphin and wahoo fishery. The control Register with public comment periods,
received are a part of the public record date enables the Council to inform and, if approved by the Secretary of
and will generally be posted for public current and potential participants that it Commerce, issuance of a final rule.
viewing on www.regulations.gov is considering creating restrictions Fishermen are not guaranteed future
without change. All personal identifying limiting participation in the Atlantic participation in a fishery or sector
information (e.g., name, address, etc.), dolphin commercial sector. regardless of their entry date or intensity
confidential business information, or This notice informs current and of participation in the fishery or sector
otherwise sensitive information potential participants in the Atlantic before or after the control date under
submitted voluntarily by the sender will dolphin commercial sector within the consideration. The Council
be publicly accessible. NMFS will dolphin and wahoo fishery that after subsequently may choose a different
accept anonymous comments (enter ‘‘N/ June 30, 2015, they may not be ensured control date or they may choose a
A’’ in the required fields if you wish to participation under future management management regime without using a
remain anonymous). of the fishery. If the Council decides to control date. The Council also may
FOR FURTHER INFORMATION CONTACT: prepare an amendment to the FMP to choose to take no further action to
Mary Janine Vara, NMFS Southeast restrict participation in the Atlantic control entry or access to the Atlantic
Regional Office, telephone: 727–824– dolphin commercial sector in relation to dolphin commercial sector, in which
5305, or email: mary.vara@noaa.gov. this control date, an analysis of specific case the control date may be rescinded.
SUPPLEMENTARY INFORMATION: The biological, economic, and social effects This notification also gives the public
dolphin and wahoo fishery in the will be prepared at that time. notice that interested participants
Atlantic is managed under the fishery Publication of the control date in the should locate and preserve records that
management plan (FMP) for the Dolphin Federal Register informs participants of substantiate and verify their
and Wahoo Fishery off the Atlantic the Council’s considerations, and gives participation in the Atlantic dolphin
States. The FMP was prepared by the notice to anyone entering the Atlantic commercial sector of the dolphin and
Council and is implemented by NMFS dolphin commercial sector after the wahoo fishery.
under the authority of the Magnuson- control date that they would not be Authority: 16 U.S.C. 1801 et seq.
Stevens Fishery Conservation and assured of future access to the sector
Management Act (Magnuson-Stevens should management changes be Dated: January 29, 2016.
Act) through regulations at 50 CFR part implemented that would restrict Samuel D. Rauch III,
622. participation. Implementation of any Deputy Assistant for Regulatory Programs,
The Council voted at the September such changes would require preparation National Marine Fisheries Service.
2015 meeting to establish a control date of an amendment to the FMP and [FR Doc. 2016–02093 Filed 2–3–16; 8:45 am]
of June 30, 2015, for the Atlantic publication of a notice of availability BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 16:55 Feb 03, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4702 Sfmt 9990 E:\FR\FM\04FEP1.SGM 04FEP1](https://thefederalregister.org/doc/81_FR_6002/page/2.svg)
Document Created: 2016-02-04 00:31:40
Document Modified: 2016-02-04 00:31:40
| 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 | Advanced notice of proposed rulemaking; consideration of a control date. | |
| Dates | Written comments must be received by March 7, 2016. | |
| Contact | Mary Janine Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 81 FR 5979 | |
| RIN Number | 0648-BF66 |
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