81 FR 60666 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 16
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 171 (September 2, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 171 (September 2, 2016)
| Page Range | 60666-60668 | |
| FR Document | 2016-21193 |
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)] [Proposed Rules] [Pages 60666-60668] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21193] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648-BG21 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 16 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: NMFS announces that the Mid-Atlantic Fishery Management Council has submitted Amendment 16 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan, [[Page 60667]] incorporating the Environmental Assessment and the Initial Regulatory Flexibility Analysis, for review by the Secretary of Commerce, and is requesting comments from the public. Amendment 16 would establish a deep-sea coral protection area in Mid-Atlantic waters where fishing vessels would be prohibited from using most fishing gear that contacts the ocean bottom. The Council developed Amendment 16 to protect deep- sea corals under the Magnuson-Stevens Fishery Conservation and Management Act's discretionary provision for deep-sea coral protection. The coral protection measures would prevent expansion of fisheries using ocean bottom-tending fishing gear in areas where there is a high likelihood of deep-sea coral presence and would prevent damage to deep- sea corals in areas where they been observed. DATES: Comments must be received on or before November 1, 2016. ADDRESSES: The Council prepared an environmental assessment (EA) for Amendment 16 that describes the proposed action and other considered alternatives and provides a thorough analysis of the impacts of the proposed measures and alternatives. Copies of Amendment 16, including the EA, the Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), are available from: Christopher Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 State Street, Dover, DE 19901. The EA/RIR/IRFA are accessible online at http://www.greateratlantic.fisheries.noaa.gov/. You may submit comments on this document, identified by NOAA-NMFS- 2016-0086, by any 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-2016-0086, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on MSB Amendment 16 NOA.'' 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). FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy Analyst, 978-281-9288; fax 978-281-9135. SUPPLEMENTARY INFORMATION: Background On January 16, 2013, the Council published a Notice of Intent (NOI) to prepare an Environmental Impact Statement (78 FR 3401) for Amendment 16 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) to consider measures to protect deep-sea corals from the impacts of commercial fishing gear in the Mid-Atlantic. The Council conducted scoping meetings during February 2013 to gather public comments on these issues. Following further development of Amendment 16 through 2013 and 2014, the Council conducted public hearings in January 2015. Following these public hearings, and with disagreement about the boundaries of the various alternatives, the Council held a workshop with various stakeholders on April 29-30, 2015, to further refine the deep-sea coral area boundaries. The workshop was an example of effective collaboration among fishery managers, the fishing industry, environmental organizations, and the public to develop management recommendations with widespread support. The Council adopted Amendment 16 on June 10, 2015. The Council submitted Amendment 16 on August 15, 2016, for final review by NMFS, acting on behalf of the Secretary of Commerce. The Council developed the action, and the measures described in this notice, under the discretionary provisions for deep-sea coral protection in section 303(b) of the Magnuson-Stevens Fishery Act. This provision gives the Regional Fishery Management Councils the authority to: Designate zones where, and periods when, fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels or with specified types and quantities of fishing gear; Designate such zones in areas where deep-sea corals are identified under section 408 (this section describes the deep-sea coral research and technology program), to protect deep-sea corals from physical damage from fishing gear or to prevent loss or damage to such fishing gear from interactions with deep-sea corals, after considering long-term sustainable uses of fishery resources in such areas; and With respect to any closure of an area under the Magnuson- Stevens Act that prohibits all fishing, ensure that such closure o Is based on the best scientific information available; [cir] Includes criteria to assess the conservation benefit of the closed area; [cir] Establishes a timetable for review of the closed area's performance that is consistent with the purposes of the closed area; and [cir] Is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in combination with such measures), including the benefits and impacts of limiting access to: Users of the area, overall fishing activity, fishery science, and fishery and marine conservation. Consistent with these provisions, the Council proposed the measures in Amendment 16 to balance the impacts of measures implemented under this discretionary authority with the management objectives of the Mackerel, Squid, and Butterfish FMP and the value of potentially affected commercial fisheries. Measures recommended by the Council would: Establish a deep-sea coral protection area that would be in Mid-Atlantic waters only. It would consist of a broad zone that would start at a depth contour of approximately 450 meters (m) and extend to the U.S. Exclusive Economic Zone boundary, and to the north and south to the boundaries of the Mid-Atlantic waters (as defined in the Magnuson-Stevens Act). In addition, the deep-sea coral protection area would include 15 discrete zones that outline deep-sea canyons on the continental shelf in Mid-Atlantic waters. The deep-sea coral area, including both broad and discrete zones, would be one continuous area. Restrict the use of bottom-tending commercial fishing gear within the designated deep-sea coral area, including bottom-tending otter trawls; bottom-tending beam trawls; hydraulic dredges; non- hydraulic dredges; bottom-tending seines; bottom-tending longlines; sink or anchored gill nets; and pots and traps except those used to fish for red crab and American lobster; Require the use of vessel monitoring systems for Illex squid moratorium permit holders to facilitate [[Page 60668]] enforcement of the deep-sea coral area and gear restrictions; Allow vessels to transit the deep-sea coral area protection area provided the vessels bring bottom-tending fishing gear onboard the vessel, and reel bottom-tending trawl gear onto the net reel; and Expand framework adjustment provisions in the FMP for future modifications to the deep-sea coral protection measures. The Council recommended that the deep-sea coral protection area should be named in honor of the late Senator Frank R. Lautenberg. Senator Lautenberg was responsible for several important pieces of ocean conservation legislation and authored several provisions included in the reauthorized Magnuson-Stevens Act, including the discretionary provision for coral. Therefore, the Council proposed that the combined broad and discrete zones be officially known as the ``Frank R. Lautenberg Deep-Sea Coral Protection Area.'' The proposed geographic range and gear restrictions in this action overlap with several fisheries outside the Atlantic Mackerel, Squid, and Butterfish FMP and could potentially affect any federally permitted vessel intending to fish within the proposed deep-sea coral area. However, during the initiation and scoping of this action, the Council determined that this action would not apply to the American lobster fishery. Therefore, this action would not restrict the use of lobster pots in the proposed deep-sea coral area. Deep-sea red crab pots and traps would also be allowed in the deep-sea coral zone under the proposed action. The Council proposed the exemption for this gear because red crab fishing occurs entirely within the deep-sea coral protection zone. Prohibiting the gear in the area would eliminate a large portion of the red crab fishery, with likely disproportional negative impacts on the red crab fishery relative to other fisheries. Through this document, NMFS seeks comments on Amendment 16 and its incorporated documents through the end of the comment period stated in the DATES section of this notice of availability (NOA). Following NMFS's review of the amendment under the Magnuson-Stevens Act procedures, a rule proposing the implementation of measures in Amendment 16 is anticipated to be published in the Federal Register for public comment. Public comments must be received by the end of the comment period provided in this NOA of Amendment 16 to be considered in the approval/disapproval decision on the amendment. All comments received by the end of the comment period on the NOA of Amendment 16, whether specifically directed to the NOA or the proposed rule, will be considered in the approval/disapproval decision. Comments received after the end of the comment period for the NOA will not be considered in the approval/disapproval decision of Amendment 16. Authority: 16 U.S.C. 1801 et seq. Dated: August 30, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-21193 Filed 9-1-16; 8:45 am] BILLING CODE 3510-22-P
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line drawn from the Virginia shoreline VHF–FM channel 16 (156.8 MHz). The (3) Security Zone 5, established in
at Ronald Reagan Washington National Coast Guard vessels enforcing this paragraph (a)(5) of this section, will be
Airport, at 38°51′21.3″ N., 077°02′00.0″ section can be contacted on Marine enforced annually on three dates:
W., eastward across the Potomac River Band Radio, VHF–FM channel 16 (156.8 Memorial Day (observed), September 11,
to the District of Columbia shoreline at MHz). Upon being hailed by a U.S. and November 11. Security Zone 5 will
Hains Point at position 38°51′24.3″ N., Coast Guard vessel, or other Federal, be enforced from 10 a.m. until 1 p.m. on
077°01′19.8″ W., thence southward State, or local agency vessel, by siren, Memorial Day (observed); from 8 a.m.
across the Anacostia River to the District radio, flashing light, or other means, the until 11:59 a.m. on September 11; and
of Columbia shoreline at Giesboro Point operator of a vessel shall proceed as from 10 a.m. until 1 p.m. on November
at position 38°50′52.4″ N., 077°01′10.9″ directed. If permission is granted, all 11.
W., and bounded to the south by the persons and vessels must comply with (4) Security Zone 6, established in
Woodrow Wilson Memorial (I–95/I–495) the instructions of the Captain of the paragraph (a)(6) of this section, will be
Bridge, at mile 103.8. Port Maryland-National Capital Region enforced annually on the day the State
(4) Zone 4. All navigable waters of the or his designated representative and of the Union Address is delivered.
Georgetown Channel of the Potomac proceed at the minimum speed Security Zone 6 will be enforced from
River, 75 yards from the eastern shore necessary to maintain a safe course 9 a.m. on the day of the State of the
measured perpendicularly to the shore, while within the zone. Union Address until 2 a.m. on the
between the Long Railroad Bridge (the (3) The U.S. Coast Guard may be following day.
most eastern bridge of the 5-span, assisted in the patrol and enforcement (e) Suspension of enforcement. The
Fourteenth Street Bridge Complex) to of the security zones listed in paragraph Captain of the Port Maryland-National
the Theodore Roosevelt Memorial (a) in this section by Federal, State, and Capital Region may suspend
Bridge; and all waters in between, local agencies. enforcement of the enforcement period
totally including the waters of the (c) Definitions. As used in this in paragraphs (d)(1)–(4) in this section
Georgetown Channel Tidal Basin. section: earlier than listed in the notice of
(5) Zone 5. All navigable waters in the Captain of the Port Maryland- enforcement. Should the Captain of the
Potomac River, including the Boundary National Capital Region means the Port Maryland-National Capital Region
Channel and Pentagon Lagoon, bounded Commander, U.S. Coast Guard Sector suspend the zone earlier than the
on the west by a line running north to Maryland-National Capital Region or duration listed, he or she will make the
south from points along the shoreline at any Coast Guard commissioned, warrant public aware of this suspension by
38°52′50″ N., 077°03′25″ W., thence to or petty officer who has been authorized Broadcast Notice to Mariners and/or on-
38°52′49″ N., 077°03′25″ W.; and by the Captain of the Port to act on his scene notice by his or her designated
bounded on the east by a line running or her behalf. representative.
from points at 38°53′10″ N., 077°03′30″ Designated representative means any
W., thence northeast to 38°53′12″ N., Coast Guard commissioned, warrant, or Dated: August 24, 2016.
077°03′26″ W., thence southeast to petty officer who has been authorized Lonnie P. Harrison, Jr.,
38°52′31″ N., 077°02′34″ W., and thence by the Captain of the Port Maryland- Captain, U.S. Coast Guard, Captain of the
southwest to 38°52′28″ N., 077°02′38″ National Capital Region to assist in Port Maryland-National Capital Region.
W. enforcing the security zones described [FR Doc. 2016–21175 Filed 9–1–16; 8:45 am]
(6) Zone 6. All navigable waters in paragraph (a) of this section. BILLING CODE 9110–04–P
described in paragraphs (a)(1) through Public vessel means a vessel that is
(a)(3) of this section. owned or demise-(bareboat) chartered
(b) Regulations. The general security by the government of the United States, DEPARTMENT OF COMMERCE
zone regulations found in 33 CFR by a State or local government, or by the
165.33 apply to the security zones government of a foreign country and National Oceanic and Atmospheric
created by this section, § 165.508. that is not engaged in commercial Administration
(1) Entry into or remaining in a zone service.
listed in paragraph (a) in this section is (d) Enforcement. (1) In addition to the 50 CFR Part 648
prohibited unless authorized by the specified times in paragraphs (d)(2)–(4)
Coast Guard Captain of the Port of this section, the security zones RIN 0648–BG21
Maryland-National Capital Region. created by this section will be enforced Magnuson-Stevens Fishery
Public vessels and vessels already at only upon issuance of a notice of Conservation and Management Act
berth at the time the security zone is enforcement by the Captain of the Port Provisions; Fisheries of the
implemented do not have to depart the Maryland-National Capital Region. The Northeastern United States; Atlantic
security zone. All vessels underway Captain of the Port Maryland-National Mackerel, Squid, and Butterfish
within the security zone at the time it Capital Region will cause notice of Fisheries; Amendment 16
is implemented are to depart the zone enforcement of these security zones to
at the time the security zone is be made by all appropriate means to the AGENCY: National Marine Fisheries
implemented. affected segments of the public of the Service (NMFS), National Oceanic and
(2) Persons desiring to transit the area enforcement dates and times of the Atmospheric Administration (NOAA),
of the security zone must first obtain security zones including publication in Commerce.
authorization from the Captain of the the Federal Register, in accordance with ACTION: Notice of availability of fishery
Port Maryland-National Capital Region 33 CFR 165.7(a). Such means of
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management plan amendment; request
or his or her designated representative. notification may also include, but are for comments.
To seek permission to transit the area, not limited to Broadcast Notice to
the Captain of the Port Maryland- Mariners or Local Notice to Mariners. SUMMARY: NMFS announces that the
National Capital Region and his or her (2) Security Zone 4, established in Mid-Atlantic Fishery Management
designated representatives can be paragraph (a)(4) of this section, will be Council has submitted Amendment 16
contacted at telephone number 410– enforced annually, from 12:01 a.m. to to the Atlantic Mackerel, Squid, and
576–2693 or on Marine Band Radio, 11:59 p.m. on July 4. Butterfish Fishery Management Plan,
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![60668 Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Proposed Rules
enforcement of the deep-sea coral area with several fisheries outside the review of the amendment under the
and gear restrictions; Atlantic Mackerel, Squid, and Butterfish Magnuson-Stevens Act procedures, a
• Allow vessels to transit the deep- FMP and could potentially affect any rule proposing the implementation of
sea coral area protection area provided federally permitted vessel intending to measures in Amendment 16 is
the vessels bring bottom-tending fishing fish within the proposed deep-sea coral anticipated to be published in the
gear onboard the vessel, and reel area. However, during the initiation and Federal Register for public comment.
bottom-tending trawl gear onto the net scoping of this action, the Council Public comments must be received by
reel; and determined that this action would not the end of the comment period provided
• Expand framework adjustment apply to the American lobster fishery. in this NOA of Amendment 16 to be
provisions in the FMP for future Therefore, this action would not restrict considered in the approval/disapproval
modifications to the deep-sea coral the use of lobster pots in the proposed decision on the amendment. All
protection measures. deep-sea coral area. Deep-sea red crab comments received by the end of the
The Council recommended that the pots and traps would also be allowed in comment period on the NOA of
deep-sea coral protection area should be the deep-sea coral zone under the Amendment 16, whether specifically
named in honor of the late Senator proposed action. The Council proposed directed to the NOA or the proposed
Frank R. Lautenberg. Senator the exemption for this gear because red rule, will be considered in the approval/
Lautenberg was responsible for several crab fishing occurs entirely within the disapproval decision. Comments
important pieces of ocean conservation deep-sea coral protection zone. received after the end of the comment
legislation and authored several Prohibiting the gear in the area would period for the NOA will not be
provisions included in the reauthorized eliminate a large portion of the red crab considered in the approval/disapproval
Magnuson-Stevens Act, including the fishery, with likely disproportional decision of Amendment 16.
discretionary provision for coral. negative impacts on the red crab fishery Authority: 16 U.S.C. 1801 et seq.
Therefore, the Council proposed that the relative to other fisheries.
combined broad and discrete zones be Through this document, NMFS seeks Dated: August 30, 2016.
officially known as the ‘‘Frank R. comments on Amendment 16 and its Emily H. Menashes,
Lautenberg Deep-Sea Coral Protection incorporated documents through the Acting Director, Office of Sustainable
Area.’’ end of the comment period stated in the Fisheries, National Marine Fisheries Service.
The proposed geographic range and DATES section of this notice of [FR Doc. 2016–21193 Filed 9–1–16; 8:45 am]
gear restrictions in this action overlap availability (NOA). Following NMFS’s BILLING CODE 3510–22–P
Lhorne on DSK30JT082PROD with PROPOSALS
VerDate Sep<11>2014 15:10 Sep 01, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 E:\FR\FM\02SEP1.SGM 02SEP1](https://thefederalregister.org/doc/81_FR_60837/page/3.svg)
Document Created: 2018-02-09 11:56:01
Document Modified: 2018-02-09 11:56:01
| 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 November 1, 2016. | |
| Contact | Peter Christopher, Fishery Policy Analyst, 978-281-9288; fax 978-281-9135. | |
| FR Citation | 81 FR 60666 | |
| RIN Number | 0648-BG21 |
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