81_FR_9195 81 FR 9159 - Fisheries of the Northeastern United States; Amendment 17 to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan

81 FR 9159 - Fisheries of the Northeastern United States; Amendment 17 to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 36 (February 24, 2016)

Page Range9159-9160
FR Document2016-03870

NMFS announces that the Mid-Atlantic Fishery Management Council has submitted Amendment 17 to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan for review and approval by the Secretary of Commerce. We are requesting comments from the public on the amendment. Amendment 17 would establish cost recovery provisions for these individual transferable quota clam fisheries, modify how biological reference points are incorporated into the Fishery Management Plan, and remove the Plan's optimum yield range.

Federal Register, Volume 81 Issue 36 (Wednesday, February 24, 2016) 
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Proposed Rules]
[Pages 9159-9160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BF04


Fisheries of the Northeastern United States; Amendment 17 to the 
Atlantic Surfclam and Ocean Quahog 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: NMFS announces that the Mid-Atlantic Fishery Management 
Council has submitted Amendment 17 to the Atlantic Surfclam and Ocean 
Quahog Fishery Management Plan for review and approval by the Secretary 
of Commerce. We are requesting comments from the public on the 
amendment. Amendment 17 would establish cost recovery provisions for 
these individual transferable quota clam fisheries, modify how 
biological reference points

[[Page 9160]]

are incorporated into the Fishery Management Plan, and remove the 
Plan's optimum yield range.

DATES: Comments must be received on or before April 25, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0057, 
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-2015-0057, 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 
Surfclam/Ocean Quahog Amendment 17.''
    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 to www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted via Microsoft Word, Microsoft Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of Amendment 17, and of the draft Environmental Assessment 
and preliminary Regulatory Impact Review (EA/RIR), are available from 
the Mid-Atlantic Fishery Management Council, 800 North State Street, 
Suite 201, Dover, DE 19901. The EA/RIR is also accessible via the 
Internet at: www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

SUPPLEMENTARY INFORMATION: We are soliciting public comments on 
Amendment 17 and its incorporated documents through the end of the 
comment period stated in this notice of availability. We will publish a 
proposed rule in the Federal Register that would implement the 
amendment's management measures for additional public comment, 
following NMFS's evaluation of the proposed rule under the procedures 
of the Magnuson-Stevens Fishery Conservation and Management Act. Public 
comments must be received by the end of the comment period provided in 
this notice of availability to be considered in the approval/
disapproval decision on the amendment. All comments received by April 
25, 2016, will be considered in the approval/disapproval decision on 
the amendment. To be considered, comments must be received by close of 
business on the last day of the comment period. Comments received after 
that date will not be considered in the decision to approve or 
disapprove Amendment 17, including those postmarked or otherwise 
transmitted by the last day of the comment period.
    The Mid-Atlantic Fishery Management Council developed this 
amendment to establish a program to recover the costs of managing the 
surfclam and ocean quahog individual transferable quota (ITQ) 
fisheries, as required by the Magnuson-Stevens Act, and to make 
administrative changes to improve the efficiency of the FMP. The 
Amendment would create a cost recovery program for the surfclam and 
ocean quahog ITQ fisheries modeled on the Council's existing cost 
recovery program for the Tilefish Individual Fishing Quota (IFQ) 
Program. Under the proposed program, any surfclam or ocean quahog ITQ 
permit holder who has quota share (i.e., receives an initial allocation 
of cage tags each year) would be responsible for paying a fee at the 
end of the year based on the number of their cage tags that were 
ultimately used to land clams that year. Amendment 17 would also modify 
how the FMP defines when the surfclam and ocean quahog stocks are 
overfished or experiencing overfishing so the definitions remain 
current to the best scientific information available. This action would 
also remove the optimum yield range from the FMP. Additional details of 
the proposed measures are available in the amendment document.

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

    Dated: February 19, 2016.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-03870 Filed 2-23-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules 9159 * * * * * (e) Sea Scallop Research Set-Aside combined dredge width in use by, or in (c) Access area scallop allocation Harvest in Access Areas—(1) Access possession on board of, an LAGC carryover. Unless otherwise specified in Areas available for harvest of research scallop vessel fishing in Closed Area I, § 648.59, a limited access scallop vessel set-aside (RSA). Unless otherwise Closed Area II, and Nantucket Lightship operator may fish any unharvested specified, RSA may be harvested in any Access Areas may not exceed 10.5 ft (3.2 access area that is open in a given m). The combined dredge width in use Scallop Access Area allocation from a fishing year, as specified through a by, or in possession on board of, an given fishing year within the first 60 framework adjustment and pursuant to LAGC scallop vessel fishing in the days of the subsequent fishing year if § 648.56. The amount of scallops that remaining Access Areas described in the Access Area is open. For example, can be harvested in each access area by § 648.59 may not exceed 31 ft (9.4 m). if a full-time vessel has 7,000 lb (3,175 vessels participating in approved RSA Dredge width is measured at the widest kg) remaining in the Mid-Atlantic projects shall be determined through the point in the bail of the dredge. Access Area at the end of fishing year RSA application review and approval * * * * * 2016, that vessel may harvest 7,000 lb process. The access areas open for RSA (3) LAGC IFQ Access Area Trips. (i) (3,175 kg) from its 2017 fishing year harvest for fishing years 2016 and 2017 An LAGC scallop vessel authorized to scallop access area allocation during the are: fish in the Access Areas specified in first 60 days that the Mid-Atlantic (i) 2016: The Mid-Atlantic Scallop § 648.59(a) through (e) or in (g)(3)(iv) of Access Area is open in fishing year 2017 Access Area, as specified in § 648.59(a). this section may land scallops, subject (March 1, 2017, through April 29, 2018). (ii) 2017: None. to the possession limit specified in Unless otherwise specified in § 648.59, (2) [Reserved] § 648.52(a), unless the Regional if an Access Area is not open in the * * * * * Administrator has issued a notice that subsequent fishing year, then the (g) Limited Access General Category the number of LAGC IFQ access area unharvested scallop allocation would Gear restrictions. An LAGC IFQ scallop trips have been or are projected to be expire at the end of the fishing year that vessel authorized to fish in the Access taken. The total number of LAGC IFQ the scallops were allocated. Areas specified in § 648.59(b) through trips in a specified Access Area for * * * * * (e) must fish with dredge gear only. The fishing year 2016 and 2017 are: Access area 2016 2017 Mid-Atlantic Access Area ......................................................................................................................................... 2,068 602 Closed Area 1 .......................................................................................................................................................... 0 0 Closed Area 2 .......................................................................................................................................................... 0 0 Nantucket Lightship ................................................................................................................................................. 0 0 Nantucket Lightship North ....................................................................................................................................... 485 0 (ii) Scallops landed by each LAGC both a NE multispecies permit and an DEPARTMENT OF COMMERCE IFQ vessel on an access area trip shall LAGC scallop permit may not fish in an count against the vessel’s IFQ. approved SAP under § 648.85 and under National Oceanic and Atmospheric (iii) Upon a determination from the multispecies DAS in the scallop access Administration Regional Administrator that the total area, unless it complies with restrictions number of LAGC IFQ trips in a specified in paragraph (d)(5)(ii)(C) of this section. 50 CFR Part 648 Access Area have been or are projected (B) The Nantucket Lightship North RIN 0648–BF04 to be taken, the Regional Administrator Sea Scallop Access Area is defined by shall publish notification of this Fisheries of the Northeastern United straight lines connecting the following determination in the Federal Register, States; Amendment 17 to the Atlantic points in the order stated (copies of a in accordance with the Administrative Surfclam and Ocean Quahog Fishery chart depicting this area are available Procedure Act. Once this determination Management Plan from the Regional Administrator upon has been made, an LAGC IFQ scallop AGENCY: National Marine Fisheries request): vessel may not fish for, possess, or land Service (NMFS), National Oceanic and scallops in or from the specified Access Atmospheric Administration (NOAA), Point Latitude Longitude Area after the effective date of the Commerce. notification published in the Federal NLNAA1 ......... 40°50′ N. 69°00′ W. ACTION: Notice of availability of Register. NLNAA2 ......... 40°30′ N. 69°00′ W. proposed fishery management plan (iv) Nantucket Lightship North Sea NLNAA3 ......... 40°30′ N. 69°30′ W. amendment; request for comments. Scallop Access Area. (A) From March 1, NLNAA4 ......... 40°50′ N. 69°30′ W. 2016, through February 28, 2018 (i.e., NLNAA1 ......... 40°50′ N. 69°00′ W. SUMMARY: NMFS announces that the fishing years 2016 and 2017), a vessel Mid-Atlantic Fishery Management issued an LAGC IFQ scallop permit may * * * * * Council has submitted Amendment 17 not fish for, possess, or land scallops in [FR Doc. 2016–03624 Filed 2–23–16; 8:45 am] to the Atlantic Surfclam and Ocean mstockstill on DSK4VPTVN1PROD with PROPOSALS or from the area known as the Nantucket BILLING CODE 3510–22–P Quahog Fishery Management Plan for Lightship North Access Area, described review and approval by the Secretary of in paragraph (g)(3)(iv)(B) of this section, Commerce. We are requesting comments unless the vessel is participating in, and from the public on the amendment. complying with the requirements of, the Amendment 17 would establish cost area access program described in this recovery provisions for these individual section or the vessel is transiting transferable quota clam fisheries, pursuant to § 648.59 (f). A vessel issued modify how biological reference points VerDate Sep<11>2014 17:26 Feb 23, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM 24FEP1

9160 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules are incorporated into the Fishery WordPerfect, or Adobe PDF file formats postmarked or otherwise transmitted by Management Plan, and remove the only. the last day of the comment period. Plan’s optimum yield range. Copies of Amendment 17, and of the The Mid-Atlantic Fishery DATES: Comments must be received on draft Environmental Assessment and Management Council developed this or before April 25, 2016. preliminary Regulatory Impact Review amendment to establish a program to (EA/RIR), are available from the Mid- recover the costs of managing the ADDRESSES: You may submit comments, Atlantic Fishery Management Council, surfclam and ocean quahog individual identified by NOAA–NMFS–2015–0057, 800 North State Street, Suite 201, Dover, transferable quota (ITQ) fisheries, as by any one of the following methods: DE 19901. The EA/RIR is also accessible required by the Magnuson-Stevens Act, • Electronic Submissions: Submit all via the Internet at: and to make administrative changes to electronic public comments via the www.greateratlantic.fisheries.noaa.gov. improve the efficiency of the FMP. The Federal e-Rulemaking Portal. Go to Amendment would create a cost www.regulations.gov/ FOR FURTHER INFORMATION CONTACT: recovery program for the surfclam and #!docketDetail;D=NOAA–NMFS–2015– Douglas Potts, Fishery Policy Analyst, ocean quahog ITQ fisheries modeled on 0057, click the ‘‘Comment Now!’’ icon, 978–281–9341. the Council’s existing cost recovery complete the required fields, and enter SUPPLEMENTARY INFORMATION: We are program for the Tilefish Individual or attach your comments. soliciting public comments on Fishing Quota (IFQ) Program. Under the • Mail: John K. Bullard, Regional Amendment 17 and its incorporated proposed program, any surfclam or Administrator, NMFS, Greater Atlantic documents through the end of the ocean quahog ITQ permit holder who Regional Fisheries Office, 55 Great comment period stated in this notice of has quota share (i.e., receives an initial Republic Drive, Gloucester, MA 01930. availability. We will publish a proposed allocation of cage tags each year) would Mark the outside of the envelope: rule in the Federal Register that would be responsible for paying a fee at the ‘‘Comments on Surfclam/Ocean Quahog implement the amendment’s end of the year based on the number of Amendment 17.’’ management measures for additional their cage tags that were ultimately used Instructions: Comments sent by any public comment, following NMFS’s to land clams that year. Amendment 17 other method, to any other address or evaluation of the proposed rule under would also modify how the FMP defines individual, or received after the end of the procedures of the Magnuson-Stevens when the surfclam and ocean quahog the comment period, may not be Fishery Conservation and Management stocks are overfished or experiencing considered by NMFS. All comments Act. Public comments must be received overfishing so the definitions remain received are part of the public record by the end of the comment period current to the best scientific information and will generally be posted to provided in this notice of availability to available. This action would also www.regulations.gov without change. be considered in the approval/ remove the optimum yield range from All personal identifying information disapproval decision on the the FMP. Additional details of the (e.g., name, address, etc.) voluntarily amendment. All comments received by proposed measures are available in the submitted by the commenter may be April 25, 2016, will be considered in the amendment document. publicly accessible. Do not submit approval/disapproval decision on the Authority: 16 U.S.C. 1801 et seq. confidential business information or amendment. To be considered, otherwise sensitive or protected comments must be received by close of Dated: February 19, 2016. information. business on the last day of the comment Jennifer M. Wallace, NMFS will accept anonymous period. Comments received after that Acting Director, Office of Sustainable comments. Attachments to electronic date will not be considered in the Fisheries, National Marine Fisheries Service. comments will be accepted via decision to approve or disapprove [FR Doc. 2016–03870 Filed 2–23–16; 8:45 am] Microsoft Word, Microsoft Excel, Amendment 17, including those BILLING CODE 3510–22–P mstockstill on DSK4VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 17:26 Feb 23, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4702 Sfmt 9990 E:\FR\FM\24FEP1.SGM 24FEP1


Document Created: 2016-02-23 23:55:50
Document Modified: 2016-02-23 23:55:50
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 April 25, 2016.
ContactDouglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation81 FR 9159 
RIN Number0648-BF04
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