81 FR 80038 - Fisheries of the Northeastern United States; Summer Flounder Fishery; 2017 and 2018 Summer Flounder Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 220 (November 15, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 220 (November 15, 2016)
| Page Range | 80038-80041 | |
| FR Document | 2016-27410 |
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)] [Notices] [Pages 80038-80041] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27410] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 161017970-6970-01] RIN 0648-XE976 Fisheries of the Northeastern United States; Summer Flounder Fishery; 2017 and 2018 Summer Flounder Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed specifications; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes revised summer flounder specifications for the 2017 and 2018 fishing years. Updated scientific information regarding the status of the summer flounder stock indicates that these proposed catch limits are necessary to constrain summer flounder harvest within scientifically sound recommendations to prevent overfishing. This action is intended to inform the public of proposed reductions for the 2017 and 2018 summer flounder fishing years. DATES: Comments must be received on or before November 30, 2016. ADDRESSES: A supplemental environmental assessment (SEA) was prepared for the specifications and describes the proposed action and other considered alternatives, and provides an analysis of the impacts of the proposed measures and alternatives. Copies of the Specifications Document, including the SEA, the Initial Regulatory Flexibility Analysis (IRFA), and the original environmental assessment for the 2016-2018 summer flounder, scup, and black sea bass specifications are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the Internet at http://www.mafmc.org. You may submit comments on this document, identified by NOAA-NMFS- 2016-0138, by either 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-2016-0138, 2. Click the ``Comment Now!'' icon, complete the required fields 3. Enter or attach your comments. --or-- Mail: Submit written comments to John Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA, 01950. Mark the outside of the envelope, ``Comments on the Proposed Rule for Summer Flounder Specifications.'' 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 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: Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. SUPPLEMENTARY INFORMATION: Background and Proposed Specifications The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission cooperatively manage the summer flounder, scup, and black sea bass fisheries. The Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and its implementing regulations outline the Council's process for establishing specifications. Specifications in these fisheries include various catch and landing subdivisions, such as the commercial and recreational sector annual catch limits (ACLs), annual catch targets (ACTs), and sector-specific landing limits (i.e., the commercial fishery quota and recreational harvest limit). Annual specifications may be established for three year periods, and, in interim years, specifications are reviewed by the Council to ensure previously established multi-year specifications remain appropriate. The FMP also contains formulas to divide the specification catch limits into commercial and recreational fishery allocations, state-by-state quotas, and quota periods, depending on the species in question. Rulemaking for measures used to manage the recreational fisheries (minimum fish sizes, open seasons, and bag limits) for these three species occurs separately, and typically takes place in the spring of each year. On December 28, 2015, NMFS published a final rule implementing the Council's recommended specifications for the summer flounder, scup, and black sea bass fisheries (80 FR 80689) for fishing years 2016 through 2018. The Council intended to reconsider the specifications set for fishing years 2017 and 2018 after reviewing any updated information. Based on updated information on the status of the summer flounder stock, the Council is now recommending adjustments to the previously established summer flounder specifications for the 2017 and 2018 fishing years. An assessment update will be available next summer and notice will be provided in the Federal Register on whether the revised 2018 specifications will remain in place or be updated further based on any new information. The scup and black sea bass specifications implemented through previous rulemaking remain unchanged by this action. When the Council previously recommended summer flounder specifications in 2015, available scientific information indicated that the summer flounder stock size was declining and that overfishing occurred in 2014. In order to minimize disruption to the industry as much as possible, given the necessary reduction in available catch to prevent further overfishing and to increase the stock size, the Council requested its Scientific and Statistical Committee (SSC) to deviate from the standard risk policy and to phase-in the summer flounder catch reductions over the 3-year specifications cycle. The SSC complied with this request, but requested a stock assessment update in July 2016 to determine if its recommended acceptable biological catches (ABCs) remain appropriate for 2017 and 2018. The SSC met on July 21-22, 2016, to review the stock assessment update for summer flounder compiled by the Northeast Fisheries Science Center. This 2016 update was based on the peer-review approved model from the 2013 benchmark assessment, updated to include data through 2015. More specific information about the [[Page 80039]] assessment information (e.g., biomass level, fishing mortality, etc.) can be found in section 6.0 of the SEA for this action. The assessment update noted that the consistent pattern in both underestimation of fishing mortality and overestimation of spawning stock biomass is continuing, even though catches have not substantially exceeded ABC levels. This downward trend in biomass is mainly due to below average recruitment in the last five years. As a result of this information, the assessment update recalculated the 2017 and 2018 overfishing limits (OFLs) for the stock. For 2017, the recalculated OFL is 16.76 million lb (7,600 mt) and for 2018, the recalculated OFL is 18.69 million lb (8,476 mt), representing approximately a 16-percent reduction from the previously established OFLs. To keep catch below these updated OFL estimates, the SSC recommended revisions to the previously adopted 2017 and 2018 ABCs. The SSC recommended revising the ABCs by abandoning the phased-in approach and instead following the Council's standard risk policy. The SSC cited among its reasons for departing from the previously approved phased-in approach the continual overestimation of biomass and recruitment and underestimation of fishing mortality, emphasizing that continuing to overfish in a period of consistently poor recruitment represents a substantial risk to the stock. The SSC recommended a revised 2017 ABC that is approximately 30 percent lower than both the previously established 2017 ABC and the current 2016 ABC. The SSC recommended a 2018 ABC that is 16 percent lower than the previously established 2018 ABC (Table 1). The Council's Summer Flounder Monitoring Committee met July 25, 2016, to discuss specification-related recommendations for the summer flounder fishery, to recommend offsets from the ACL to account for management uncertainty, and to discuss commercial management measure recommendations, as appropriate. The Monitoring Committee determined that no additional reductions were necessary to account for management uncertainty because the recreational fishery has had only minor overages of the recreational harvest limit in recent years, and the commercial landings monitoring and fishery closure system is timely enough to prevent commercial overages. As a result, the Monitoring Committee recommended that ACTs for the commercial and recreational sectors should equal their respective ACLs and made no recommended changes to any other summer flounder management measures. Following the SSC and Monitoring Committee meetings, the Council and the Commission's Summer Flounder, Scup, and Black Sea Bass Management Board met jointly on August 9, 2016, to consider the recommendations of the SSC, the Monitoring Committee, and public comments, and to make their specification recommendations. More complete details on the SSC, Monitoring Committee, and Council meeting deliberations can be found on the Council's Web site (www.mafmc.org). Ultimately, the Council recommended the summer flounder commercial quotas and recreational harvest limits shown in Table 1. The recommended catch limits for 2017 are nearly 30 percent lower than those previously established. Table 1--Comparison of Recommended Measures to Previously Established Catch and Landing Limits of Summer Flounder -------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 2018 ----------------------------------------------------------------------------- 2016 Difference Difference Current Proposed (%) Current Proposed (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Acceptable Biological Catch: million lb............................................... 16.26 15.86 11.30 -29 15.68 13.23 -16 Mt....................................................... 7,374 7,193 5,125 7,111 5,999 Commercial Quota: million lb............................................... 8.12 7.91 5.66 -28 7.89 6.63 -16 Mt....................................................... 3,685 3,590 2,567 3,581 3,006 Recreational Harvest Limit: million lb............................................... 5.42 5.28 3.77 -29 5.26 4.42 -16 Mt....................................................... 2,457 2,393 1,711 2,387 2,004 -------------------------------------------------------------------------------------------------------------------------------------------------------- While the Board action was finalized at the August meeting, the Council's recommendations must be reviewed by NMFS to ensure that they comply with the FMP and applicable law. NMFS also must conduct notice- and-comment rulemaking to propose and implement the final specifications. Proposed 2017 and 2018 Summer Flounder Specifications Table 2 summarizes the Council's recommended summer flounder specifications that NMFS is proposing for 2017 and 2018, including the sector-specific estimated discards. Table 2--Proposed 2017-2018 Summer Flounder Specifications -------------------------------------------------------------------------------------------------------------------------------------------------------- 2016 (current) 2017 2018 ----------------------------------------------------------------------------------------------- million lb mt million lb mt million lb mt -------------------------------------------------------------------------------------------------------------------------------------------------------- OFL..................................................... 18.06 8,194 16.76 7,600 18.69 8,476 ABC..................................................... 16.26 7,375 11.30 5,125 13.23 5,999 ABC Landings Portion.................................... 13.54 6,142 9.43 4,278 11.05 5,010 ABC Discards Portion.................................... 2.72 1,233 1.87 847 2.18 989 Commercial ACL.......................................... 9.43 4,275 6.57 2,982 7.70 3,491 Commercial ACT.......................................... 9.43 4,275 6.57 2,982 7.70 3,491 Projected Commercial Discards........................... 1.30 590 0.92 415 1.07 485 [[Page 80040]] Commercial Quota........................................ 8.12 3,685 5.66 2,567 6.63 3,006 Recreational ACL........................................ 6.84 3,100 4.72 2,143 5.53 2,508 Recreational ACT........................................ 6.84 3,100 4.72 2,143 5.53 2,508 Projected Recreational Discards......................... 1.42 643 0.95 432 1.11 504 Recreational Harvest Limit.............................. 5.42 2,457 3.77 1,711 4.42 2,004 -------------------------------------------------------------------------------------------------------------------------------------------------------- Consistent with the summer flounder regulations, the sum of the recreational and commercial sector ACLs is equal to the ABC for each fishing year. To derive the ACLs, the sum of the sector-specific projected discards are removed from the ABCs to derive the landing allowances. For summer flounder, 60 percent of the landing allowance for each fishing year is allocated to the commercial fishery and 40 percent to the recreational fishery. Using this method ensures that each sector is accountable for its respective discards, rather than simply apportioning the ABCs by the allocation percentages to derive the sector ACLs. Although the derived ACLs are not split exactly according to the allocations specified in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), the landing portions of the ACLs preserve the appropriate allocation split, consistent with the FMP. Table 3 presents the proposed state summer flounder allocations for 2017-2018 using the commercial state quota allocations described in the FMP. Any commercial quota adjustments to account for overages will be published in the Federal Register prior to the start of the respective fishing year. The final rule for this action will include any necessary quota overage reductions for fishing year 2017. Table 3--2017-2018 Proposed Initial Summer Flounder State Commercial Quotas -------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 Initial quota 2018 Initial quota State FMP percent share --------------------------------------------------------------------------- Lb Kg Lb Kg -------------------------------------------------------------------------------------------------------------------------------------------------------- ME....................................................... 0.04756 2,692 1,221 3,152 1,430 NH....................................................... 0.00046 26 18 30 14 MA....................................................... 6.82046 385,988 175,081 451,998 205,023 RI....................................................... 15.68298 887,542 402,582 1,039,326 471,430 CT....................................................... 2.25708 127,734 57,939 149,579 67,848 NY....................................................... 7.64699 432,764 196,298 506,773 229,868 NJ....................................................... 16.72499 946,512 429,331 1,108,381 502,753 DE....................................................... 0.01779 1,007 457 1,179 535 MD....................................................... 2.0391 115,398 52,344 135,133 61,295 VA....................................................... 21.31676 1,206,372 547,201 1,412,682 640,782 NC....................................................... 27.44584 1,553,233 704,535 1,818,862 825,022 ---------------------------------------------------------------------------------------------- Total................................................ 100 5,659,266 2,567,000 6,627,096 3,006,000 -------------------------------------------------------------------------------------------------------------------------------------------------------- Note: Kilograms are as converted from pounds and do not sum to the converted total due to rounding. Rounding of quotas results in totals slightly exceeding 100 percent. The Council and Commission will develop recreational management measures (e.g., minimum fish sizes, open seasons, and bag limits) for summer flounder this fall and NMFS rulemaking will occur in early spring of 2017. 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 the Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. These proposed specifications are exempt from review under Executive Order 12866. An IRFA was prepared by the Council, as required by section 603 of the Regulatory Flexibility Act (RFA), to examine the impacts of these proposed specifications on small business entities, if adopted. A description of the specifications, why they are being considered, and the legal basis for proposing and implementing specifications for the summer flounder fishery are contained in the preamble to this proposed rule. A copy of the detailed RFA analysis is available from NMFS or the Council (see ADDRESSES). The Council's analysis made use of quantitative approaches when possible. Where quantitative data on revenues or other business-related metrics that would provide insight to potential impacts were not available to inform the analyses, qualitative analyses were conducted. A summary of the 2017 and 2018 summer flounder specifications RFA analysis follows. Description of the Reasons Why Action by the Agency Is Being Considered, and a Statement of the Objectives of, and Legal Basis for, This Proposed Rule This action proposes management measures, including annual catch limits, for the summer flounder fishery in order to prevent overfishing and achieve optimum yield in the fishery. A complete description of the action, why it is being considered, and the legal basis for this action are contained in the specifications document, and elsewhere in the preamble to this proposed rule, and are not repeated here. [[Page 80041]] Description and Estimate of the Number of Small Entities To Which the Proposed Rule Would Apply On December 29, 2015, NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry and $7 million in annual gross receipts for all businesses primarily engaged in for-hire fishing activity (NAICS 11411) for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 29, 2015). The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. This proposed rule affects commercial and recreational fish harvesting entities engaged in the summer flounder fishery. Individually-permitted vessels may hold permits for several fisheries, harvesting species of fish that are regulated by several different FMPs, even beyond those impacted by the proposed action. Furthermore, multiple-permitted vessels and/or permits may be owned by entities affiliated by stock ownership, common management, identity of interest, contractual relationships, or economic dependency. For the purposes of the RFA analysis, the ownership entities, not the individual vessels, are considered to be the regulated entities. Ownership entities are defined as those entities with common ownership personnel as listed on the permit application. Only permits with identical ownership personnel are categorized as an ownership entity. For example, if five permits have the same seven persons listed as co-owners on their permit applications, those seven persons would form one ownership entity that holds those five permits. If two of those seven owners also co-own additional vessels, that ownership arrangement would be considered a separate ownership entity for the purpose of this analysis. The current ownership data set used for this analysis is based on calendar year 2015 (the most recent complete year available) and contains average gross sales associated with those permits for calendar years 2013 through 2015. A description of the specific permits that are likely to be impacted by this action is provided below, along with a discussion of the impacted businesses, which can include multiple vessels and/or permit types. According to the commercial ownership database, 553 affiliate firms landed summer flounder during the 2013-2015 period, with 547 of those businesses affiliates categorized as small businesses and 6 categorized as large businesses. The ownership data for the for-hire fleet indicate that there were 411 for-hire affiliate firms generating revenues from fishing recreationally for various species during the 2013-2015 period, all of which are categorized as small businesses. Although it is not possible to derive what proportion of the overall revenues came from specific fishing activities, given the popularity of summer flounder as a recreational species, it is likely that revenues generated from summer flounder recreational fishing is important for some, if not all, of these firms. Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of This Proposed Rule There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. Federal Rules Which May Duplicate, Overlap, or Conflict With This Proposed Rule NMFS is not aware of any relevant Federal rules that may duplicate, overlap, or conflict with this proposed rule. Description of Significant Alternatives to the Proposed Action Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize Any Significant Economic Impact on Small Entities This action proposes to set commercial quotas and recreational harvest limits for the summer flounder fishery for the 2017 and 2018 fishing years that are consistent with the best scientific information available and the most recent catch limit recommendations of the Council's SSC. The proposed landings limits for 2017 include a commercial quota of 5.66 million lb (2,567 mt) and a recreational harvest limit of 3.77 million lb (1,711 mt). For 2018, the proposed measures include a commercial quota of 6.63 million lb (3,006 mt) and a recreational harvest limit of 4.42 million lb (2,004 mt). The only other alternatives considered in this document are status quo alternatives that are identical to the summer flounder landings limits implemented in December 2015. If these specifications remained in place, they would have greater positive socioeconomic impacts than the preferred alternatives. However, these alternatives were not selected as preferred given that they do not address the new scientific information regarding summer flounder stock status, and, therefore, would likely result in overfishing, which would be inconsistent with the FMP, National Standard 1 guidance under the Magnuson-Stevens Act, and the most recent advice of the Council's SSC. Because these alternatives are inconsistent with the purpose and need of this action, they are not considered further under this analysis. Authority: 16 U.S.C. 1801 et seq. Dated: November 7, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-27410 Filed 11-14-16; 8:45 am] BILLING CODE 3510-22-P
![80038 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices
operations, maintenance, and repair You may submit comments on this established multi-year specifications
activities in the Massachusetts Bay. document, identified by NOAA–NMFS– remain appropriate. The FMP also
Please include with your comments any 2016–0138, by either of the following contains formulas to divide the
supporting data or literature citations to methods: specification catch limits into
help inform our final decision on Electronic Submission: Submit all commercial and recreational fishery
Northeast Gateway and Algonquin’s electronic public comments via the allocations, state-by-state quotas, and
request for an MMPA authorization. Federal e-Rulemaking Portal. quota periods, depending on the species
Dated: November 7, 2016. 1. Go to www.regulations.gov/ in question. Rulemaking for measures
Donna Wieting,
#!docketDetail;D=NOAA-NMFS-2016- used to manage the recreational
0138, fisheries (minimum fish sizes, open
Director, Office of Protected Resources,
National Marine Fisheries Service.
2. Click the ‘‘Comment Now!’’ icon, seasons, and bag limits) for these three
complete the required fields species occurs separately, and typically
[FR Doc. 2016–27383 Filed 11–14–16; 8:45 am]
3. Enter or attach your comments. takes place in the spring of each year.
BILLING CODE 3510–22–P
—or— On December 28, 2015, NMFS
Mail: Submit written comments to published a final rule implementing the
John Bullard, Regional Administrator, Council’s recommended specifications
DEPARTMENT OF COMMERCE
National Marine Fisheries Service, 55 for the summer flounder, scup, and
National Oceanic and Atmospheric Great Republic Drive, Gloucester, MA, black sea bass fisheries (80 FR 80689)
Administration 01950. Mark the outside of the for fishing years 2016 through 2018. The
envelope, ‘‘Comments on the Proposed Council intended to reconsider the
[Docket No. 161017970–6970–01] specifications set for fishing years 2017
Rule for Summer Flounder
RIN 0648–XE976 Specifications.’’ and 2018 after reviewing any updated
Instructions: Comments sent by any information. Based on updated
Fisheries of the Northeastern United other method, to any other address or information on the status of the summer
States; Summer Flounder Fishery; individual, or received after the end of flounder stock, the Council is now
2017 and 2018 Summer Flounder the comment period, may not be recommending adjustments to the
Specifications considered by NMFS. All comments previously established summer flounder
received are part of the public record specifications for the 2017 and 2018
AGENCY: National Marine Fisheries fishing years. An assessment update
Service (NMFS), National Oceanic and and will generally be posted for public
viewing on www.regulations.gov will be available next summer and
Atmospheric Administration (NOAA), notice will be provided in the Federal
Commerce. without change. All personal identifying
information (e.g., name, address, etc.), Register on whether the revised 2018
ACTION: Proposed specifications; request specifications will remain in place or be
for comments. confidential business information, or
updated further based on any new
otherwise sensitive information
SUMMARY: NMFS proposes revised information. The scup and black sea
submitted voluntarily by the sender will
summer flounder specifications for the bass specifications implemented
be publicly accessible. NMFS will
2017 and 2018 fishing years. Updated through previous rulemaking remain
accept anonymous comments (enter ‘‘N/
scientific information regarding the unchanged by this action.
A’’ in the required fields if you wish to When the Council previously
status of the summer flounder stock remain anonymous). recommended summer flounder
indicates that these proposed catch FOR FURTHER INFORMATION CONTACT: specifications in 2015, available
limits are necessary to constrain Emily Gilbert, Fishery Policy Analyst, scientific information indicated that the
summer flounder harvest within (978) 281–9244. summer flounder stock size was
scientifically sound recommendations SUPPLEMENTARY INFORMATION: declining and that overfishing occurred
to prevent overfishing. This action is
Background and Proposed in 2014. In order to minimize disruption
intended to inform the public of to the industry as much as possible,
proposed reductions for the 2017 and Specifications
given the necessary reduction in
2018 summer flounder fishing years. The Mid-Atlantic Fishery available catch to prevent further
DATES: Comments must be received on Management Council and the Atlantic overfishing and to increase the stock
or before November 30, 2016. States Marine Fisheries Commission size, the Council requested its Scientific
ADDRESSES: A supplemental cooperatively manage the summer and Statistical Committee (SSC) to
environmental assessment (SEA) was flounder, scup, and black sea bass deviate from the standard risk policy
prepared for the specifications and fisheries. The Summer Flounder, Scup, and to phase-in the summer flounder
describes the proposed action and other and Black Sea Bass Fishery Management catch reductions over the 3-year
considered alternatives, and provides an Plan (FMP) and its implementing specifications cycle. The SSC complied
analysis of the impacts of the proposed regulations outline the Council’s with this request, but requested a stock
measures and alternatives. Copies of the process for establishing specifications. assessment update in July 2016 to
Specifications Document, including the Specifications in these fisheries include determine if its recommended
SEA, the Initial Regulatory Flexibility various catch and landing subdivisions, acceptable biological catches (ABCs)
Analysis (IRFA), and the original such as the commercial and recreational remain appropriate for 2017 and 2018.
environmental assessment for the 2016– sector annual catch limits (ACLs), The SSC met on July 21–22, 2016, to
2018 summer flounder, scup, and black annual catch targets (ACTs), and sector- review the stock assessment update for
mstockstill on DSK3G9T082PROD with NOTICES
sea bass specifications are available on specific landing limits (i.e., the summer flounder compiled by the
request from Dr. Christopher M. Moore, commercial fishery quota and Northeast Fisheries Science Center. This
Executive Director, Mid-Atlantic recreational harvest limit). Annual 2016 update was based on the peer-
Fishery Management Council, Suite 201, specifications may be established for review approved model from the 2013
800 North State Street, Dover, DE 19901. three year periods, and, in interim years, benchmark assessment, updated to
These documents are also accessible via specifications are reviewed by the include data through 2015. More
the Internet at http://www.mafmc.org. Council to ensure previously specific information about the
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![Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices 80041
Description and Estimate of the Number According to the commercial preferred alternatives. However, these
of Small Entities To Which the Proposed ownership database, 553 affiliate firms alternatives were not selected as
Rule Would Apply landed summer flounder during the preferred given that they do not address
On December 29, 2015, NMFS issued 2013–2015 period, with 547 of those the new scientific information regarding
a final rule establishing a small business businesses affiliates categorized as small summer flounder stock status, and,
size standard of $11 million in annual businesses and 6 categorized as large therefore, would likely result in
gross receipts for all businesses businesses. The ownership data for the overfishing, which would be
primarily engaged in the commercial for-hire fleet indicate that there were inconsistent with the FMP, National
fishing industry and $7 million in 411 for-hire affiliate firms generating Standard 1 guidance under the
revenues from fishing recreationally for Magnuson-Stevens Act, and the most
annual gross receipts for all businesses
various species during the 2013–2015 recent advice of the Council’s SSC.
primarily engaged in for-hire fishing
period, all of which are categorized as Because these alternatives are
activity (NAICS 11411) for Regulatory
small businesses. Although it is not inconsistent with the purpose and need
Flexibility Act (RFA) compliance
possible to derive what proportion of of this action, they are not considered
purposes only (80 FR 81194, December
the overall revenues came from specific further under this analysis.
29, 2015). The North American Industry
fishing activities, given the popularity of
Classification System (NAICS) is the Authority: 16 U.S.C. 1801 et seq.
summer flounder as a recreational
standard used by Federal statistical Dated: November 7, 2016.
species, it is likely that revenues
agencies in classifying business Samuel D. Rauch III,
generated from summer flounder
establishments for the purpose of
recreational fishing is important for Deputy Assistant Administrator for
collecting, analyzing, and publishing Regulatory Programs, National Marine
some, if not all, of these firms.
statistical data related to the U.S. Fisheries Service.
business economy. Description of the Projected Reporting, [FR Doc. 2016–27410 Filed 11–14–16; 8:45 am]
This proposed rule affects commercial Record-Keeping, and Other Compliance BILLING CODE 3510–22–P
and recreational fish harvesting entities Requirements of This Proposed Rule
engaged in the summer flounder fishery. There are no new reporting or
Individually-permitted vessels may hold recordkeeping requirements contained DEPARTMENT OF COMMERCE
permits for several fisheries, harvesting in any of the alternatives considered for
species of fish that are regulated by this action. National Oceanic and Atmospheric
several different FMPs, even beyond Administration
those impacted by the proposed action. Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed RIN 0648–XF039
Furthermore, multiple-permitted vessels
and/or permits may be owned by Rule
South Atlantic Fishery Management
entities affiliated by stock ownership, NMFS is not aware of any relevant Council; Public Meetings
common management, identity of Federal rules that may duplicate,
interest, contractual relationships, or overlap, or conflict with this proposed AGENCY: National Marine Fisheries
economic dependency. For the purposes rule. Service (NMFS), National Oceanic and
of the RFA analysis, the ownership Atmospheric Administration (NOAA),
entities, not the individual vessels, are Description of Significant Alternatives Commerce.
considered to be the regulated entities. to the Proposed Action Which
ACTION: Notice of public meetings of the
Ownership entities are defined as Accomplish the Stated Objectives of
South Atlantic Fishery Management
those entities with common ownership Applicable Statutes and Which
Council.
personnel as listed on the permit Minimize Any Significant Economic
application. Only permits with identical Impact on Small Entities SUMMARY: The South Atlantic Fishery
ownership personnel are categorized as This action proposes to set Management Council (Council) will
an ownership entity. For example, if commercial quotas and recreational hold meetings of the: Advisory Panel
five permits have the same seven harvest limits for the summer flounder Selection Committee (Partially Closed
persons listed as co-owners on their fishery for the 2017 and 2018 fishing Session); Law Enforcement Committee;
permit applications, those seven years that are consistent with the best Scientific and Statistical Committee
persons would form one ownership scientific information available and the (SSC) Selection Committee; Protected
entity that holds those five permits. If most recent catch limit Resources Committee; Habitat
two of those seven owners also co-own recommendations of the Council’s SSC. Protection and Ecosystem-Based
additional vessels, that ownership The proposed landings limits for 2017 Management Committee; Southeast
arrangement would be considered a include a commercial quota of 5.66 Data, Assessment and Review (SEDAR)
separate ownership entity for the million lb (2,567 mt) and a recreational Committee (Partially Closed Session);
purpose of this analysis. harvest limit of 3.77 million lb (1,711 Spiny Lobster Committee; Joint Dolphin
The current ownership data set used mt). For 2018, the proposed measures Wahoo/Snapper Grouper and Mackerel
for this analysis is based on calendar include a commercial quota of 6.63 Cobia Committees; Information and
year 2015 (the most recent complete million lb (3,006 mt) and a recreational Education Committee; Executive
year available) and contains average harvest limit of 4.42 million lb (2,004 Finance Committee; Snapper Grouper
gross sales associated with those mt). Committee; Personnel Committee
permits for calendar years 2013 through The only other alternatives (Closed Session); Highly Migratory
mstockstill on DSK3G9T082PROD with NOTICES
2015. considered in this document are status Species Committee; Mackerel Cobia
A description of the specific permits quo alternatives that are identical to the Committee; Citizen Science Committee;
that are likely to be impacted by this summer flounder landings limits Data Collection Committee; and a
action is provided below, along with a implemented in December 2015. If these meeting of the Full Council.
discussion of the impacted businesses, specifications remained in place, they The Council will take action as
which can include multiple vessels and/ would have greater positive necessary. The Council will also hold a
or permit types. socioeconomic impacts than the formal public comment session. The
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Document Created: 2016-11-15 00:47:53
Document Modified: 2016-11-15 00:47:53
| 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 | Notices | |
| Action | Proposed specifications; request for comments. | |
| Dates | Comments must be received on or before November 30, 2016. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. | |
| FR Citation | 81 FR 80038 | |
| RIN Number | 0648-XE97 |
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