81 FR 86687 - Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 231 (December 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 231 (December 1, 2016)
| Page Range | 86687-86688 | |
| FR Document | 2016-28854 |
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)] [Proposed Rules] [Pages 86687-86688] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28854] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Doc. No. 160920861-6861-01] RIN 0648-XE900 Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed specifications; request for comments. ----------------------------------------------------------------------- SUMMARY: We are proposing specifications for the 2017Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also proposing projected quotas for 2018-2019. This action is necessary to establish allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. The proposed action is intended to establish the allowable 2017 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan. DATES: Comments must be received on or before January 3, 2017. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0132, by any one of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0132, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to John Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. 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 publically accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Copies of the specifications document, including the Regulatory Flexibility Act Analysis and other supporting documents for the specifications, are available from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The specifications document is also accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, (978) 281-9122. SUPPLEMENTARY INFORMATION: Background The Atlantic deep-sea red crab fishery is managed by the New England Fishery Management Council. The Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) includes a specification process that requires the Council to recommend, on a triennial basis, an acceptable biological catch (ABC), an annual catch limit (ACL), and total allowable landings (TAL). The Council's Scientific and Statistical Committee (SSC) provides a recommendation to the Council for these catch limits. The Council makes a recommendation to NMFS that cannot exceed the recommendation of its SSC. The Council's recommendations must include supporting documentation concerning the environmental, economic, and social impacts of the recommendations. We are responsible for reviewing these recommendations to ensure that they achieve the FMP objectives and are consistent with all applicable laws, and may modify them if they do not. Following this review, we then publish proposed specifications in the Federal Register. After considering public comment, we will publish final specifications in the Federal Register. The FMP was implemented in 2002 and was originally managed under a target total allowable catch (TAC) and [[Page 86688]] days-at-sea (DAS) system that allocated DAS equally across the small fleet of limited access permitted vessels. Amendment 3 to the FMP removed the trip limit restriction, and replaced the target TAC and DAS allocation with a catch limit structure consistent with the ACL and accountability measure requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Under Amendment 3 (76 FR 60379; September 29, 2011), the 2011-2013 red crab specifications were set with an ABC equal to the long-term average landings of the directed red crab fishery (1,775 metric tons (mt)). These specifications were continued for fishing years 2014-2016 (79 FR 24356; April 30, 2014). Proposed Specifications The biological and management reference points currently in the FMP are used to determine whether overfishing is occurring or if the stock is overfished. However, these reference points for red crab do not currently meet Magnuson-Stevens Act National Standard 1 criteria. As a result, there is insufficient information on the species to establish the maximum sustainable yield (MSY), optimum yield (OY), or overfishing limit (OFL). ABC is defined in terms of landings instead of total catch because there is insufficient information to estimate dead discards of red crab. The Council's recommendation for the 2017-2019 red crab specifications are based on the results of the most recent peer- reviewed assessment of the red crab fishery carried out by the Data Poor Stocks Working Group in 2009 and the recommendations of the Council's SSC. The recommended specifications include a status quo TAL for all three years. While an OFL has not been determined for the stock, the Council and its SSC believe continuing the current TAL will not result in overfishing and adequately accounts for scientific uncertainty. Recent landings, landing per unit of effort, port samples, discard information, and economic data suggest there has been no change in the size of the red crab stock since Amendment 3 was implemented in 2011. On August 10, 2016, the SSC recommended the status quo ABC for fishing years 2017-2019 of 1,775 mt for the directed fishery. The Council approved the specifications on September 21, 2016, summarized in Table 1. We are proposing the Council-recommended specifications for fishing year 2017. By providing projected quotas for 2018 and 2019, we hope to assist fishery participants in planning ahead. Table 1--Council-Recommended 2017-2019 Red Crab Specifications ------------------------------------------------------------------------ Million mt lb ------------------------------------------------------------------------ MSY............................................... undetermined OFL............................................... undetermined OY................................................ undetermined --------------------- ABC............................................... 1,775 3.91 ACL............................................... 1,775 3.91 TAL............................................... 1,775 3.91 ------------------------------------------------------------------------ At the end of each fishing year, we evaluate catch information and determine if the quota has been exceeded. If a quota is exceeded, the regulations at 50 CFR 262(b) require a pound-for-pound reduction in a subsequent fishing year, through notification consistent with the Administrative Procedure Act. We would publish a notice in the Federal Register of any revisions to these proposed specifications if an overage occurs. We expect, based on the performance of the red crab fishery over time, that such adjustments would be unlikely. However, we will provide notice of the 2018 and 2019 quotas prior to the start of each respective fishing year. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Atlantic Deep-Sea Red Crab 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. The Chief Counsel for Regulation, Department of Commerce, certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Council prepared an analysis of the potential economic impacts of this action, which is included in the Council's document for this action (see ADDRESSES to obtain a copy of the supplemental information report) and supplemented by information contained in the preamble of this proposed rule. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry in commercial fishing (see 50 CFR 200.0). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. Using this definition, there are two distinct ownership entities and four fishing vessels based on available permit data that are directly regulated by this action. As there are only two business entities, the degree of ownership is not known. A review of revenue data from 2013-2015 indicates that the total value of landings of red crab and other species over the last three years averaged $3.69 million, so it is safe to assume that all business entities in the harvesting sector can be categorized as small businesses for purpose of the RFA. There is no reason to believe small entities would be substantially affected by the proposed action. The proposed action would affect all business entities and the four vessels that participate in the directed red crab fishery, but it is not expected to have any impact on the gross or average revenues for the fishery because it does not change the quota. In addition, this quota is substantially higher than landings in recent years (fishing years 2013 through 2015 landings averaged 2.692 million lb). As a result, the proposed action is not expected to constrain landings markets for red crab substantially and is not expected to have a significant economic impact on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. Authority: 16 U.S.C. 1801 et seq. Dated: November 28, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-28854 Filed 11-30-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules 86687
glass breaking tool with recommended Authority: 49 U.S.C. 322, 30111, 30115, the comment period, may not be
procedures for usage during an 30117, and 30162; delegation of authority at considered by NMFS. All comments
emergency. 49 CFR 1.95. received are a part of the public record
Consumers also have the option to Issued in Washington, DC, under authority and will generally be posted for public
equip their vehicles with emergency delegated in 49 CFR 1.95. viewing on www.regulations.gov
safety equipment. Items such as fire Raymond R. Posten, without change. All personal identifying
extinguishers, automotive tool kits, Associate Administrator for Rulemaking. information (e.g., name, address, etc.),
aftermarket vehicle jacks and lug [FR Doc. 2016–28126 Filed 11–30–16; 8:45 am] confidential business information, or
wrenches, battery jumper cables, first otherwise sensitive information
BILLING CODE 4910–59–P
aid kits, winter emergency survival kits, submitted voluntarily by the sender will
survival kits for desert travel, and be publically accessible. NMFS will
vehicle break down kits are items accept anonymous comments (enter ‘‘N/
available for consumers to purchase for DEPARTMENT OF COMMERCE
A’’ in the required fields if you wish to
emergency preparedness. Consumers remain anonymous). Attachments to
National Oceanic and Atmospheric
who do purchase safety items for their electronic comments will be accepted in
Administration
vehicles may be more likely to know Microsoft Word, Excel, or Adobe PDF
where these items are stored in their file formats only.
vehicles and how to use the equipment. 50 CFR Part 648
Copies of the specifications
All vehicle operators are strongly [Doc. No. 160920861–6861–01] document, including the Regulatory
encouraged to understand their Flexibility Act Analysis and other
vehicle’s capabilities and safety RIN 0648–XE900
supporting documents for the
features, their expected driving specifications, are available from
environment, and to be prepared for Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab Thomas A. Nies, Executive Director,
possible emergency situations. New England Fishery Management
Fishery; 2017–2019 Atlantic Deep-Sea
IV. Conclusion Red Crab Specifications Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The
NHTSA shares Ms. Bennett’s desire to AGENCY: National Marine Fisheries specifications document is also
prevent deaths in motor vehicles. Service (NMFS), National Oceanic and accessible via the Internet at: https://
However, at this time there are several Atmospheric Administration (NOAA), www.greateratlantic.fisheries.noaa.gov/.
substantial obstacles to proposing an Commerce.
objective motor vehicle safety standard FOR FURTHER INFORMATION CONTACT:
ACTION: Proposed specifications; request Allison Murphy, Fishery Policy Analyst,
to assist vehicle occupants in evacuating
a passenger vehicle that has become for comments. (978) 281–9122.
immersed in water. SUPPLEMENTARY INFORMATION:
SUMMARY: We are proposing
First, as previously explained, the specifications for the 2017Atlantic deep- Background
data available to the agency shows there sea red crab fishery, including an
is a great deal of uncertainty The Atlantic deep-sea red crab fishery
annual catch limit and total allowable is managed by the New England Fishery
surrounding any estimate of occupants landings limit. We are also proposing
requiring the use of the glass breaking Management Council. The Atlantic
projected quotas for 2018–2019. This Deep-Sea Red Crab Fishery Management
tool. Second, the potential effectiveness action is necessary to establish
of the tool to provide drivers and Plan (FMP) includes a specification
allowable red crab harvest levels that process that requires the Council to
occupants with a method to safely exit will prevent overfishing and allow
a vehicle during an immersion event is recommend, on a triennial basis, an
harvesting of optimum yield. The acceptable biological catch (ABC), an
not known. Due to the uncertainty proposed action is intended to establish
surrounding whether the glass breaking annual catch limit (ACL), and total
the allowable 2017 harvest levels, allowable landings (TAL). The Council’s
tool would successfully aid all consistent with the Atlantic Deep-Sea
occupants in all vehicles during a Scientific and Statistical Committee
Red Crab Fishery Management Plan. (SSC) provides a recommendation to the
vehicle immersion situation, NHTSA
cannot justify a mandate for such a tool. DATES: Comments must be received on Council for these catch limits. The
Even without a requirement that each or before January 3, 2017. Council makes a recommendation to
vehicle have a glass breaking tool, there ADDRESSES: You may submit comments, NMFS that cannot exceed the
is nothing to keep vehicle identified by NOAA–NMFS–2016–0132, recommendation of its SSC.
manufacturers from providing it or other by any one of the following methods: The Council’s recommendations must
means to allow vehicle evacuation • Electronic Submissions: Submit all include supporting documentation
during immersion. In addition, electronic public comments via the concerning the environmental,
consumers can purchase their own tool Federal e-Rulemaking portal. Go to economic, and social impacts of the
and locate it in the vehicle where they www.regulations.gov/ recommendations. We are responsible
would be likely to access it in an #!docketDetail;D=NOAA-NMFS-2016- for reviewing these recommendations to
emergency. Those consumers who do 0132, click the ‘‘Comment Now!’’ icon, ensure that they achieve the FMP
this may be more aware of the existence complete the required fields, and enter objectives and are consistent with all
of the tool when the need to use it arises or attach your comments. applicable laws, and may modify them
jstallworth on DSK7TPTVN1PROD with PROPOSALS
than would occupants of a vehicle • Mail: Submit written comments to if they do not. Following this review, we
where the tool has been provided as John Bullard, Regional Administrator, then publish proposed specifications in
standard equipment. NMFS, Greater Atlantic Regional the Federal Register. After considering
In accordance with 49 CFR part 552, Fisheries Office, 55 Great Republic public comment, we will publish final
NHTSA hereby denies Ms. Scheryn Drive, Gloucester, MA 01930. specifications in the Federal Register.
Bennett’s January 22, 2014, petition to Instructions: Comments sent by any The FMP was implemented in 2002
require every vehicle to be equipped other method, to any other address or and was originally managed under a
with ‘‘an emergency window breaker.’’ individual, or received after the end of target total allowable catch (TAC) and
VerDate Sep<11>2014 13:51 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 E:\FR\FM\01DEP1.SGM 01DEP1](https://thefederalregister.org/doc/81_FR_86918/page/1.svg)
![86688 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
days-at-sea (DAS) system that allocated specifications for fishing year 2017. By this action (see ADDRESSES to obtain a
DAS equally across the small fleet of providing projected quotas for 2018 and copy of the supplemental information
limited access permitted vessels. 2019, we hope to assist fishery report) and supplemented by
Amendment 3 to the FMP removed the participants in planning ahead. information contained in the preamble
trip limit restriction, and replaced the of this proposed rule. For RFA purposes
target TAC and DAS allocation with a TABLE 1—COUNCIL-RECOMMENDED only, NMFS has established a small
catch limit structure consistent with the 2017–2019 RED CRAB SPECIFICA- business size standard for businesses,
ACL and accountability measure TIONS including their affiliates, whose primary
requirements of the Magnuson-Stevens industry in commercial fishing (see 50
Fishery Conservation and Management Million CFR 200.0). A business primarily
mt
Act. Under Amendment 3 (76 FR 60379; lb engaged in commercial fishing (NAICS
September 29, 2011), the 2011–2013 red code 11411) is classified as a small
crab specifications were set with an MSY .......................... undetermined
OFL ........................... undetermined
business if it is independently owned
ABC equal to the long-term average OY ............................. undetermined and operated, is not dominant in its
landings of the directed red crab fishery field of operation (including its
(1,775 metric tons (mt)). These ABC .......................... 1,775 3.91 affiliates), and has combined annual
specifications were continued for ACL ........................... 1,775 3.91 receipts not in excess of $11 million for
fishing years 2014–2016 (79 FR 24356; TAL ........................... 1,775 3.91 all its affiliated operations worldwide.
April 30, 2014). Using this definition, there are two
At the end of each fishing year, we distinct ownership entities and four
Proposed Specifications evaluate catch information and fishing vessels based on available
The biological and management determine if the quota has been permit data that are directly regulated
reference points currently in the FMP exceeded. If a quota is exceeded, the by this action. As there are only two
are used to determine whether regulations at 50 CFR 262(b) require a business entities, the degree of
overfishing is occurring or if the stock pound-for-pound reduction in a ownership is not known. A review of
is overfished. However, these reference subsequent fishing year, through revenue data from 2013–2015 indicates
points for red crab do not currently meet notification consistent with the that the total value of landings of red
Magnuson-Stevens Act National Administrative Procedure Act. We crab and other species over the last
Standard 1 criteria. As a result, there is would publish a notice in the Federal three years averaged $3.69 million, so it
insufficient information on the species Register of any revisions to these
is safe to assume that all business
to establish the maximum sustainable proposed specifications if an overage
entities in the harvesting sector can be
yield (MSY), optimum yield (OY), or occurs. We expect, based on the
categorized as small businesses for
overfishing limit (OFL). ABC is defined performance of the red crab fishery over
purpose of the RFA.
in terms of landings instead of total time, that such adjustments would be
catch because there is insufficient unlikely. However, we will provide There is no reason to believe small
information to estimate dead discards of notice of the 2018 and 2019 quotas prior entities would be substantially affected
red crab. to the start of each respective fishing by the proposed action. The proposed
The Council’s recommendation for year. action would affect all business entities
the 2017–2019 red crab specifications and the four vessels that participate in
are based on the results of the most Classification the directed red crab fishery, but it is
recent peer-reviewed assessment of the Pursuant to section 304(b)(1)(A) of the not expected to have any impact on the
red crab fishery carried out by the Data Magnuson-Stevens Fishery gross or average revenues for the fishery
Poor Stocks Working Group in 2009 and Conservation and Management Act because it does not change the quota. In
the recommendations of the Council’s (Magnuson-Stevens Act), the NMFS addition, this quota is substantially
SSC. The recommended specifications Assistant Administrator has determined higher than landings in recent years
include a status quo TAL for all three that this proposed rule is consistent (fishing years 2013 through 2015
years. While an OFL has not been with the Atlantic Deep-Sea Red Crab landings averaged 2.692 million lb). As
determined for the stock, the Council FMP, other provisions of the Magnuson- a result, the proposed action is not
and its SSC believe continuing the Stevens Act, and other applicable law, expected to constrain landings markets
current TAL will not result in subject to further consideration after for red crab substantially and is not
overfishing and adequately accounts for public comment. expected to have a significant economic
scientific uncertainty. These proposed specifications are impact on a substantial number of small
Recent landings, landing per unit of exempt from review under Executive entities.
effort, port samples, discard Order 12866. As a result, an initial regulatory
information, and economic data suggest The Chief Counsel for Regulation, flexibility analysis is not required and
there has been no change in the size of Department of Commerce, certified to none has been prepared.
the red crab stock since Amendment 3 the Chief Counsel for Advocacy of the
Authority: 16 U.S.C. 1801 et seq.
was implemented in 2011. On August Small Business Administration (SBA)
10, 2016, the SSC recommended the that this proposed rule, if adopted, Dated: November 28, 2016.
status quo ABC for fishing years 2017– would not have a significant economic Samuel D. Rauch III,
2019 of 1,775 mt for the directed impact on a substantial number of small Deputy Assistant Administrator for
jstallworth on DSK7TPTVN1PROD with PROPOSALS
fishery. The Council approved the entities. The Council prepared an Regulatory Programs, National Marine
specifications on September 21, 2016, analysis of the potential economic Fisheries Service.
summarized in Table 1. We are impacts of this action, which is [FR Doc. 2016–28854 Filed 11–30–16; 8:45 am]
proposing the Council-recommended included in the Council’s document for BILLING CODE 3510–22–P
VerDate Sep<11>2014 13:51 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00075 Fmt 4702 Sfmt 9990 E:\FR\FM\01DEP1.SGM 01DEP1](https://thefederalregister.org/doc/81_FR_86918/page/2.svg)
Document Created: 2018-02-14 09:00:39
Document Modified: 2018-02-14 09:00:39
| 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 | Proposed specifications; request for comments. | |
| Dates | Comments must be received on or before January 3, 2017. | |
| Contact | Allison Murphy, Fishery Policy Analyst, (978) 281-9122. | |
| FR Citation | 81 FR 86687 | |
| RIN Number | 0648-XE90 |
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