81_FR_88096 81 FR 87862 - Fisheries of the Northeastern United States; Amendment 18 to the Northeast Multispecies Fishery Management Plan

81 FR 87862 - Fisheries of the Northeastern United States; Amendment 18 to the Northeast Multispecies Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87862-87863
FR Document2016-29189

The New England Fishery Management Council has submitted Amendment 18 to the Northeast Multispecies Fishery Management Plan. We are requesting comments from the public on this Amendment, which was developed to prevent excessive consolidation in the groundfish fishery, promote fleet diversity, and enhance sector management. Amendment 18 includes measures that would limit the number of permits and annual groundfish allocation that an entity could hold. This action would also remove several effort restrictions to increase operational flexibility for limited access handgear vessels.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016) 
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Proposed Rules]
[Pages 87862-87863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29189]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BF26


Fisheries of the Northeastern United States; Amendment 18 to the 
Northeast Multispecies Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of proposed Fishery Management Plan 
amendment; request for comments.

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SUMMARY: The New England Fishery Management Council has submitted 
Amendment 18 to the Northeast Multispecies Fishery Management Plan. We 
are requesting comments from the public on this Amendment, which was 
developed to prevent excessive consolidation in the groundfish fishery, 
promote fleet diversity, and enhance sector management. Amendment 18 
includes measures that would limit the number of permits and annual 
groundfish allocation that an entity could hold. This action would also 
remove several effort restrictions to increase operational flexibility 
for limited access handgear vessels.

DATES: Comments must be received on or before February 6, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0143, 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-2015-0143, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to 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 Northeast Multispecies Amendment 18.''
    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 commenter may be publicly 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 Amendment 18, including its environmental impact 
statement, preliminary Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EIS/RIR/IRFA), are available from the New England 
Fishery Management Council, 50 Water Street, Newburyport, MA 01950. The 
EIS/RIR/IRFA is also accessible via the Internet at: 
www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, 978-281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The New England Fishery Management Council has submitted to us 
Amendment 18 to the Northeast Multispecies Fishery Management Plan. The 
Council identified four goals for Amendment 18:
    1. Promote a diverse groundfish fishery, including different gear 
types, vessel sizes, ownership patterns, geographic locations, and 
levels of participation through sectors and permit banks;
    2. Enhance sector management to effectively engage industry to 
achieve management goals and improve data quality;
    3. Promote resilience and stability of fishing businesses by 
encouraging diversification, quota utilization, and capital investment; 
and
    4. Prevent any individual(s), corporation(s), or other entity(ies) 
from acquiring or controlling excessive shares of the fishery access 
privileges.
    Amendment 18 addresses these goals through two mechanisms. First, 
this action proposes to establish accumulation limits on the number of 
groundfish permits and the amount of Potential Sector Contribution 
(PSC) that an entity may hold. PSC is the proportion of total landings 
of a particular stock associated with each permit's fishing history. 
PSC also represents the allocation that an individual permit would 
contribute to a sector once enrolled. Second, this action proposes to 
remove several restrictions on limited access handgear vessels to 
promote participation in this small-boat fishery.
    The PSC limit would restrict the amount of PSC that may be held by 
an entity in aggregate across all allocated stocks to an average of no 
more than 15.5. With 15 allocated stocks, the total PSC across all 
stocks held by an individual or entity must be <= 232.5 (an average of 
15.5 per stock). An individual or entity could hold PSC for a single 
stock in excess of 15.5, so long as the total holdings do not exceed 
232.5. Supporting analyses indicate that no one entity currently holds 
more than 140.4 PSC. As a result, if approved, this limit is unlikely 
to immediately constrain any entity.
    The Amendment also includes a permit cap that limits an entity to 
holding no more than 5 percent of groundfish permits. An entity would 
be prohibited from acquiring a permit that would result in it exceeding 
the 5-percent cap. There are approximately 1,373 permits currently in 
the fishery; a 5-percent cap would limit an entity to approximately 69 
permits. As of May 1, 2014, the most permits held by an entity are 55; 
therefore, if approved, this alternative is unlikely to immediately 
restrict any entities.
    Amendment 18 proposes several management measures for limited 
access handgear vessels (Handgear A permitted vessels) to remove effort 
restrictions, increase operational flexibility, and encourage 
participation in the fishery.
    First, the March 1-20 spawning-block closure would be removed for 
all Handgear A vessels. Fishing effort by Handgear A vessels is 
restricted by a small annual catch limit and vessels are subject to 
other spawning closures. This measure would make the regulations for 
Handgear A vessels more consistent with vessels fishing in sectors, 
which are already exempted from the 20-day spawning block.
    Second, Handgear A vessels would no longer be required to carry a 
standard fish tote on board. This measure was initially implemented to 
aid in the

[[Page 87863]]

sorting and weighing of fish by both fishermen and enforcement 
personnel. However, enforcement no longer uses totes for at-sea weight 
and volume estimates so the requirement for vessels to carry a tote is 
unnecessary.
    Lastly, this action would allow a sector with Handgear A vessels to 
request that Handgear A vessels be exempt from the requirement to use a 
Vessel Monitoring System. Instead, vessels would be required to declare 
trips through a call-in system. This measure is intended to encourage 
Handgear A vessels to enroll in a sector by reducing their operating 
expenses.
    Public comments are being solicited on the Amendment through the 
end of the comment period stated in the DATES section above. A proposed 
rule that would implement the Amendment will be published in the 
Federal Register for public comment, as part of our evaluation of 
Amendment 18 under requirements of the Magnuson-Stevens Fishery 
Conservation Management Act. Public comments on the proposed rule must 
be received by the end of the comment period on Amendment 18 to be 
considered in the approval/disapproval decision on the Amendment. All 
comments received by the end of the Amendment 18 comment period, 
whether specifically directed to the Amendment or the proposed rule, 
will be considered in the approval/disapproval decision. Comments 
received after that day will not be considered in the approval/
disapproval decision for Amendment 18. To be considered, comments must 
be received by the close of business on the last day of the comment 
period; that does not mean postmarked or otherwise transmitted by that 
date.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-29189 Filed 12-5-16; 8:45 am]
BILLING CODE 3510-22-P

87862 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules Subject: Connect America Fund, FCC • Mail: Submit written comments to Amendment 18 addresses these goals 16–143, published at 81 FR 83706, John K. Bullard, Regional through two mechanisms. First, this November 22, 2016, in WC Docket No. Administrator, NMFS, Greater Atlantic action proposes to establish 10–90. This document is being Regional Fisheries Office, 55 Great accumulation limits on the number of published pursuant to 47 CFR 1.429(e). Republic Drive, Gloucester, MA 01930. groundfish permits and the amount of See also 47 CFR 1.4(b)(1) and 1.429(f), Mark the outside of the envelope: Potential Sector Contribution (PSC) that (g). ‘‘Comments on Northeast Multispecies an entity may hold. PSC is the Number of Petitions Filed: 1. Amendment 18.’’ proportion of total landings of a Federal Communications Commission. Instructions: Comments sent by any particular stock associated with each other method, to any other address or permit’s fishing history. PSC also Marlene H. Dortch, individual, or received after the end of represents the allocation that an Secretary. the comment period, may not be individual permit would contribute to a [FR Doc. 2016–29181 Filed 12–5–16; 8:45 am] considered by NMFS. All comments sector once enrolled. Second, this action BILLING CODE 6712–01–P received are a part of the public record proposes to remove several restrictions and will generally be posted for public on limited access handgear vessels to viewing on www.regulations.gov promote participation in this small-boat DEPARTMENT OF COMMERCE without change. All personal identifying fishery. information (e.g., name, address, etc.), The PSC limit would restrict the National Oceanic and Atmospheric confidential business information, or amount of PSC that may be held by an Administration otherwise sensitive information entity in aggregate across all allocated submitted voluntarily by the commenter stocks to an average of no more than 50 CFR Part 648 may be publicly accessible. NMFS will 15.5. With 15 allocated stocks, the total accept anonymous comments (enter ‘‘N/ PSC across all stocks held by an RIN 0648–BF26 A’’ in the required fields if you wish to individual or entity must be ≤ 232.5 (an remain anonymous). Attachments to average of 15.5 per stock). An individual Fisheries of the Northeastern United electronic comments will be accepted in or entity could hold PSC for a single States; Amendment 18 to the Microsoft Word, Excel, or Adobe PDF stock in excess of 15.5, so long as the Northeast Multispecies Fishery file formats only. total holdings do not exceed 232.5. Management Plan Copies of Amendment 18, including Supporting analyses indicate that no AGENCY: National Marine Fisheries its environmental impact statement, one entity currently holds more than Service (NMFS), National Oceanic and preliminary Regulatory Impact Review, 140.4 PSC. As a result, if approved, this Atmospheric Administration (NOAA), and Initial Regulatory Flexibility limit is unlikely to immediately Commerce. Analysis (EIS/RIR/IRFA), are available constrain any entity. from the New England Fishery The Amendment also includes a ACTION: Notice of availability of Management Council, 50 Water Street, permit cap that limits an entity to proposed Fishery Management Plan Newburyport, MA 01950. The EIS/RIR/ holding no more than 5 percent of amendment; request for comments. IRFA is also accessible via the Internet groundfish permits. An entity would be SUMMARY: The New England Fishery at: prohibited from acquiring a permit that Management Council has submitted www.greateratlantic.fisheries.noaa.gov. would result in it exceeding the 5- Amendment 18 to the Northeast FOR FURTHER INFORMATION CONTACT: percent cap. There are approximately Multispecies Fishery Management Plan. William Whitmore, Fishery Policy 1,373 permits currently in the fishery; a We are requesting comments from the Analyst, 978–281–9182. 5-percent cap would limit an entity to public on this Amendment, which was approximately 69 permits. As of May 1, SUPPLEMENTARY INFORMATION: developed to prevent excessive 2014, the most permits held by an entity consolidation in the groundfish fishery, Background are 55; therefore, if approved, this promote fleet diversity, and enhance The New England Fishery alternative is unlikely to immediately sector management. Amendment 18 Management Council has submitted to restrict any entities. includes measures that would limit the us Amendment 18 to the Northeast Amendment 18 proposes several number of permits and annual Multispecies Fishery Management Plan. management measures for limited groundfish allocation that an entity The Council identified four goals for access handgear vessels (Handgear A could hold. This action would also Amendment 18: permitted vessels) to remove effort remove several effort restrictions to 1. Promote a diverse groundfish restrictions, increase operational increase operational flexibility for fishery, including different gear types, flexibility, and encourage participation limited access handgear vessels. vessel sizes, ownership patterns, in the fishery. geographic locations, and levels of First, the March 1–20 spawning-block DATES: Comments must be received on closure would be removed for all participation through sectors and permit or before February 6, 2017. Handgear A vessels. Fishing effort by banks; ADDRESSES: You may submit comments 2. Enhance sector management to Handgear A vessels is restricted by a on this document, identified by NOAA– effectively engage industry to achieve small annual catch limit and vessels are NMFS–2015–0143, by either of the management goals and improve data subject to other spawning closures. This following methods: quality; measure would make the regulations for mstockstill on DSK3G9T082PROD with PROPOSALS • Electronic Submission: Submit all 3. Promote resilience and stability of Handgear A vessels more consistent electronic public comments via the fishing businesses by encouraging with vessels fishing in sectors, which Federal e-Rulemaking Portal. Go to diversification, quota utilization, and are already exempted from the 20-day www.regulations.gov/#!docketDetail;D= capital investment; and spawning block. NOAA-NMFS-2015-0143, click the 4. Prevent any individual(s), Second, Handgear A vessels would no ‘‘Comment Now!’’ icon, complete the corporation(s), or other entity(ies) from longer be required to carry a standard required fields, and enter or attach your acquiring or controlling excessive shares fish tote on board. This measure was comments. of the fishery access privileges. initially implemented to aid in the VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1

Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules 87863 sorting and weighing of fish by both DEPARTMENT OF COMMERCE information (e.g., name, address), fishermen and enforcement personnel. confidential business information, or However, enforcement no longer uses National Oceanic and Atmospheric otherwise sensitive information totes for at-sea weight and volume Administration submitted voluntarily by the sender will estimates so the requirement for vessels be publicly accessible. NMFS will to carry a tote is unnecessary. 50 CFR Part 679 accept anonymous comments (enter ‘‘N/ [Docket No. 161020985–6985–01] A’’ in the required fields if you wish to Lastly, this action would allow a remain anonymous). sector with Handgear A vessels to RIN 0648–XE989 Electronic copies of the Alaska request that Handgear A vessels be Groundfish Harvest Specifications Final exempt from the requirement to use a Fisheries of the Exclusive Economic Environmental Impact Statement (Final Vessel Monitoring System. Instead, Zone Off Alaska; Bering Sea and EIS), Record of Decision (ROD), vessels would be required to declare Aleutian Islands; 2017 and 2018 Supplementary Information Report (SIR) trips through a call-in system. This Harvest Specifications for Groundfish to the EIS, and the Initial Regulatory measure is intended to encourage AGENCY: National Marine Fisheries Flexibility Analysis (IRFA) prepared for Handgear A vessels to enroll in a sector Service (NMFS), National Oceanic and this action may be obtained from http:// by reducing their operating expenses. Atmospheric Administration (NOAA), www.regulations.gov or from the Alaska Public comments are being solicited Commerce. Region Web site at http:// on the Amendment through the end of ACTION: Proposed rule; request for alaskafisheries.noaa.gov. The final 2015 the comment period stated in the DATES comments. Stock Assessment and Fishery section above. A proposed rule that Evaluation (SAFE) report for the would implement the Amendment will SUMMARY: NMFS proposes 2017 and groundfish resources of the BSAI, dated 2018 harvest specifications, November 2015, is available from the be published in the Federal Register for apportionments, and prohibited species North Pacific Fishery Management public comment, as part of our catch allowances for the groundfish Council (Council) at 605 West 4th evaluation of Amendment 18 under fisheries of the Bering Sea and Aleutian Avenue, Suite 306, Anchorage, AK requirements of the Magnuson-Stevens 99501–2252, phone 907–271–2809, or Islands (BSAI) management area. This Fishery Conservation Management Act. action is necessary to establish harvest from the Council’s Web site at http:// Public comments on the proposed rule limits for groundfish during the 2017 www.npfmc.org/. The draft 2016 SAFE must be received by the end of the and 2018 fishing years, and to report for the BSAI is available from the comment period on Amendment 18 to accomplish the goals and objectives of same source. be considered in the approval/ the Fishery Management Plan for FOR FURTHER INFORMATION CONTACT: disapproval decision on the Groundfish of the Bering Sea and Steve Whitney, 907–586–7228. Amendment. All comments received by Aleutian Islands Management Area. The SUPPLEMENTARY INFORMATION: Federal the end of the Amendment 18 comment intended effect of this action is to regulations at 50 CFR part 679 period, whether specifically directed to conserve and manage the groundfish implement the Fishery Management the Amendment or the proposed rule, resources in the BSAI in accordance Plan for Groundfish of the Bering Sea will be considered in the approval/ with the Magnuson-Stevens Fishery and Aleutian Islands Management Area disapproval decision. Comments Conservation and Management Act. (FMP) and govern the groundfish received after that day will not be DATES: Comments must be received by fisheries in the BSAI. The Council considered in the approval/disapproval January 5, 2017. prepared the FMP, and NMFS approved decision for Amendment 18. To be ADDRESSES: You may submit comments it under the Magnuson-Stevens Fishery considered, comments must be received on this document, identified by NOAA– Conservation and Management Act by the close of business on the last day NMFS–2016–0140, by any of the (Magnuson-Stevens Act). General of the comment period; that does not following methods: regulations governing U.S. fisheries also mean postmarked or otherwise • Electronic Submission: Submit all appear at 50 CFR part 600. transmitted by that date. electronic public comments via the The FMP and its implementing Federal e-Rulemaking Portal. Go to regulations require NMFS, after Authority: 16 U.S.C. 1801 et seq. www.regulations.gov/#!docketDetail;D= consultation with the Council, to Dated: December 1, 2016. NOAA-NMFS-2016-0140, click the specify annually the total allowable Emily H. Menashes, ‘‘Comment Now!’’ icon, complete the catch (TAC) for each target species Acting Director, Office of Sustainable required fields, and enter or attach your category. The sum TAC for all Fisheries, National Marine Fisheries Service. comments. groundfish species must be within the [FR Doc. 2016–29189 Filed 12–5–16; 8:45 am] • Mail: Submit written comments to optimum yield (OY) range of 1.4 million Glenn Merrill, Assistant Regional to 2.0 million metric tons (mt) (see BILLING CODE 3510–22–P Administrator, Sustainable Fisheries § 679.20(a)(1)(i)(A)). Section 679.20(c)(1) Division, Alaska Region NMFS, Attn: further requires NMFS to publish Ellen Sebastian. Mail comments to P.O. proposed harvest specifications in the Box 21668, Juneau, AK 99802–1668. Federal Register and solicit public Instructions: Comments sent by any comments on proposed annual TACs mstockstill on DSK3G9T082PROD with PROPOSALS other method, to any other address or and apportionments thereof, prohibited individual, or received after the end of species catch (PSC) allowances, the comment period, may not be prohibited species quota (PSQ) reserves considered by NMFS. All comments established by § 679.21, seasonal received are a part of the public record allowances of pollock, Pacific cod, and and will generally be posted for public Atka mackerel TAC, American Fisheries viewing on www.regulations.gov Act allocations, Amendment 80 without change. All personal identifying allocations, and Community VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1


Document Created: 2016-12-06 02:18:21
Document Modified: 2016-12-06 02:18:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability of proposed Fishery Management Plan amendment; request for comments.
DatesComments must be received on or before February 6, 2017.
ContactWilliam Whitmore, Fishery Policy Analyst, 978-281-9182.
FR Citation81 FR 87862 
RIN Number0648-BF26
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