82 FR 15154 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Increase for the Small Vessel Category of the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range		15154-15155
FR Document		2017-05980

This action increases the Gulf of Maine (GOM) cod trip limit for Northeast multispecies common pool small vessel category vessels for the remainder of the 2016 fishing year. This increase corrects a previous action that did not raise the small vessel category trip limit. Increasing the possession and trip limits is intended to provide the common pool fishery with additional fishing opportunities through the end of the fishing year.

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017)

[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Rules and Regulations]
[Pages 15154-15155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF313


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Increase for the Small Vessel Category 
of the Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: This action increases the Gulf of Maine (GOM) cod trip limit 
for Northeast multispecies common pool small vessel category vessels 
for the remainder of the 2016 fishing year. This increase corrects a 
previous action that did not raise the small vessel category trip 
limit. Increasing the possession and trip limits is intended to provide 
the common pool fishery with additional fishing opportunities through 
the end of the fishing year.

DATES: The trip limit increase is effective March 22, 2017, through 
April 30, 2017.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, 978-281-9232.

SUPPLEMENTARY INFORMATION: The regulations at Sec.  648.86(o) authorize 
the Regional Administrator to adjust the possession and trip limits for 
common pool vessels in order to help prevent the overharvest or 
underharvest of the common pool quotas.
    On March 16, 2017, the common pool Gulf of Maine (GOM) cod and 
haddock trip limits were increased (82 FR 14478, March 21, 2017). In 
this action, we incorrectly stated that the small vessel category trip 
limit of GOM cod was unchanged. However, this trip limit should have 
increased from 25 lb (11.34 kg) per trip to 100 lb (45.36 kg) per trip. 
To correct this error and allow the common pool fishery to catch more 
of its quota for GOM cod, effective March 22, 2017, the trip limit of 
GOM cod for

[[Page 15155]]

the small vessel category is increased to 100 lb (45.36 kg) per trip. 
Vessels in the small vessel category are still held to the combined 
300-lb (136.1 kg) trip limit for cod, haddock, and yellowtail flounder. 
Common pool groundfish vessels that have declared their trip through 
the vessel monitoring system (VMS) or interactive voice response 
system, and crossed the VMS demarcation line prior to March 22, 2017, 
may land the new trip limit for that trip.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We 
will continue to monitor common pool catch through vessel trip reports, 
dealer-reported landings, VMS catch reports, and other available 
information and, if necessary, we will make additional adjustments to 
common pool management measures.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior 
notice and the opportunity for public comment and the 30-day delayed 
effectiveness period because it would be impracticable and contrary to 
the public interest.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels in order to help prevent the overharvest 
or underharvest of the pertinent common pool quotas. The error in a 
recent inseason action to increase the GOM cod and haddock trip limits 
was only recently discovered. As a result, the time necessary to 
provide for prior notice and comment, and a 30-day delay in 
effectiveness, would prevent NMFS from implementing the necessary trip 
limit correction in a timely manner, which could prevent the fishery 
from achieving the OY, and cause negative economic impacts to the 
common pool fishery.

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

    Dated: March 22, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-05980 Filed 3-22-17; 4:15 pm]
 BILLING CODE 3510-22-P

15154 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules and Regulations

as defined by 40 CFR part 75, that CEMS emission rate for each coal-fired unit review of operating and maintenance
data shall be treated as missing data, shall be calculated in accordance with procedures, and inspection of each unit.
and not used to calculate the emission the following procedure: Step one, sum * * * * *
average. Each required CEMS must the total pounds of SO2 emitted from the [FR Doc. 2017–05724 Filed 3–24–17; 8:45 am]
obtain valid data for at least 90 percent unit during the current boiler-operating BILLING CODE 6560–50–P
of the unit operating hours, on an day and the previous twenty-nine (29)
annual basis. boiler- operating days; step two, sum the
(B) The owner/operator of each unit total heat input to the unit in MMBtu DEPARTMENT OF COMMERCE
shall comply with the quality assurance
during the current boiler- operating day
procedures for CEMS found in 40 CFR National Oceanic and Atmospheric
and the previous twenty-nine (29)
part 75. In addition to these 40 CFR part Administration
75 requirements, relative accuracy test boiler-operating day; and step three,
audits shall be calculated for both the divide the total number of pounds of
SO2 emitted during the thirty (30) 50 CFR Part 648
NOX and SO2 pounds per hour
measurement and the heat input boiler-operating days by the total heat [Docket No. 151211999–6343–02]
measurement. The CEMS monitoring input during the thirty (30) boiler-
operating days. A new 30-day rolling RIN 0648–XF313
data shall not be bias adjusted. The inlet
SO2 and diluent monitors required by average SO2 emission rate shall be Fisheries of the Northeastern United
this rule shall also meet the Quality calculated for each new boiler-operating States; Northeast Multispecies
Assurance/Quality Control (QA/QC) day. Each 30-day rolling average SO2 Fishery; Trip Limit Increase for the
requirements of 40 CFR part 75. The emission rate shall include all emissions Small Vessel Category of the Common
testing and evaluation of the inlet and all heat input that occur during all Pool Fishery
monitors and the calculations of relative periods within any boiler-operating day,
accuracy for lb/hr of NOX, SO2 and heat including emissions from startup, AGENCY: National Marine Fisheries
input shall be performed each time the shutdown, and malfunction. Service (NMFS), National Oceanic and
40 CFR part 75 CEMS undergo relative Atmospheric Administration (NOAA),
accuracy testing. (B) [Reserved] Commerce.
(ii) Compliance determinations for (C) If a valid SO2 pounds per hour at ACTION: Temporary rule; inseason
NOX. (A) [Reserved] the outlet of the FGD system or heat adjustment.
(B) Coronado Generating Station. input is not available for any hour for
Compliance with the NOX emission a unit, that heat input and SO2 pounds SUMMARY: This action increases the Gulf
limits for Coronado Unit 1 and per hour shall not be used in the of Maine (GOM) cod trip limit for
Coronado Unit 2 in paragraph (f)(3)(i) of calculation of the 30-day rolling Northeast multispecies common pool
this section shall be determined on a average. small vessel category vessels for the
rolling 30 boiler-operating-day basis. remainder of the 2016 fishing year. This
The 30-boiler-operating-day rolling NOX (D) If both a valid inlet and outlet SO2
increase corrects a previous action that
emission rate for each unit shall be lb/MMBtu and an outlet value of lb/hr did not raise the small vessel category
calculated in accordance with the of SO2 are not available for any hour, trip limit. Increasing the possession and
following procedure: Step one, sum the that hour shall not be included in the trip limits is intended to provide the
total pounds of NOX emitted from the efficiency calculation. common pool fishery with additional
unit during the current boiler operating * * * * * fishing opportunities through the end of
day and the previous twenty-nine (29) the fishing year.
(10) Equipment operations. (i)
boiler operating days; Step two, sum the DATES: The trip limit increase is
total heat input to the unit in MMBtu [Reserved]
(ii) Coronado Generating Station. At effective March 22, 2017, through April
during the current boiler operating day 30, 2017.
and the previous twenty-nine (29) boiler all times, including periods of startup,
operating days; Step three, divide the shutdown, and malfunction, the owner FOR FURTHER INFORMATION CONTACT:
total number of pounds of NOX emitted or operator of Coronado Generating Spencer Talmage, Fishery Management
from that unit during the thirty (30) Station Unit 1 and Unit 2 shall, to the Specialist, 978–281–9232.
boiler operating days by the total heat extent practicable, maintain and operate SUPPLEMENTARY INFORMATION: The
input to the unit during the thirty (30) each unit in a manner consistent with regulations at § 648.86(o) authorize the
boiler operating days. A new 30-boiler- good air pollution control practices for Regional Administrator to adjust the
operating-day rolling average NOX minimizing emissions. The owner or possession and trip limits for common
emission rate shall be calculated for operator shall continuously operate pool vessels in order to help prevent the
each new boiler operating day. Each 30- pollution control equipment at all times overharvest or underharvest of the
boiler-operating-day average NOX common pool quotas.
the unit it serves is in operation, and
emission rate shall include all emissions On March 16, 2017, the common pool
operate pollution control equipment in
that occur during all periods within any Gulf of Maine (GOM) cod and haddock
a manner consistent with technological trip limits were increased (82 FR 14478,
boiler operating day, including limitations, manufacturer’s
emissions from startup, shutdown, and March 21, 2017). In this action, we
specifications, and good engineering incorrectly stated that the small vessel
malfunction.
(C) If a valid NOX pounds per hour or and good air pollution control practices category trip limit of GOM cod was
pmangrum on DSK3GDR082PROD with RULES

heat input is not available for any hour for minimizing emissions. unchanged. However, this trip limit
for a unit, that heat input and NOX Determination of whether acceptable should have increased from 25 lb (11.34
pounds per hour shall not be used in the operating and maintenance procedures kg) per trip to 100 lb (45.36 kg) per trip.
calculation of the 30-day rolling are being used will be based on To correct this error and allow the
average. information available to the Regional common pool fishery to catch more of
(iii) Compliance determinations for Administrator which may include, but its quota for GOM cod, effective March
SO2. (A) The 30-day rolling average SO2 is not limited to, monitoring results, 22, 2017, the trip limit of GOM cod for

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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules and Regulations 15155

the small vessel category is increased to DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT:
100 lb (45.36 kg) per trip. Vessels in the Travis Ford, Fishery Policy Analyst,
small vessel category are still held to the National Oceanic and Atmospheric 978–281–9233.
combined 300-lb (136.1 kg) trip limit for Administration
SUPPLEMENTARY INFORMATION:
cod, haddock, and yellowtail flounder.
Common pool groundfish vessels that 50 CFR Part 648 Background
have declared their trip through the [Docket No.: 161118999–7280–02]
vessel monitoring system (VMS) or The Council adopted Framework 28
interactive voice response system, and RIN 0648–BG46 on November 17, 2016, and submitted a
crossed the VMS demarcation line prior draft of the framework to NMFS on
Fisheries of the Northeastern United December 21, 2016, that presented
to March 22, 2017, may land the new
States; Atlantic Sea Scallop Fishery; Council recommended measures,
trip limit for that trip.
Framework Adjustment 28 rationale, impacts for review, and a draft
Weekly quota monitoring reports for
the common pool fishery can be found AGENCY: National Marine Fisheries EA. NMFS published a proposed rule,
on our Web site at: http:// Service (NMFS), National Oceanic and including a reference on how to obtain
www.greateratlantic.fisheries.noaa.gov/ Atmospheric Administration (NOAA), the framework and the draft final EA,
ro/fso/MultiMonReports.htm. We will Commerce. for approving and implementing
continue to monitor common pool catch ACTION: Final rule. Framework 28 on January 19, 2017 (82
through vessel trip reports, dealer- FR 6472). The proposed rule included a
reported landings, VMS catch reports, SUMMARY: NMFS approves and 15-day public comment period that
implements through regulations the closed on February 7, 2017. The Council
and other available information and, if
measures included in Framework submitted a final EA to NMFS on March
necessary, we will make additional
Adjustment 28 to the Atlantic Sea 10, 2017, for approval. This annual
adjustments to common pool
Scallop Fishery Management Plan, action includes catch, effort, and quota
management measures.
which the New England Fishery allocations and adjustments to the
Classification Management Council adopted and rotational area management program for
submitted to NMFS for approval. The fishing year 2017. Framework 28
This action is required by 50 CFR part purpose of Framework 28 is to prevent
648 and is exempt from review under specifies measures for fishing year 2017,
overfishing, improve yield-per-recruit, and includes fishing year 2018 measures
Executive Order 12866. and improve the overall management of
The Assistant Administrator for that will go into place as a default
the Atlantic sea scallop fishery. should the next specifications-setting
Fisheries, NOAA, finds good cause Framework 28: Sets specifications for
pursuant to 5 U.S.C. 553(b)(B) and 5 framework be delayed beyond the start
the scallop fishery for fishing year 2017;
U.S.C. 553(d)(3) to waive prior notice of fishing year 2018. NMFS has
revises the way we allocate catch to the
and the opportunity for public comment approved all of the measures
limited access general category
and the 30-day delayed effectiveness recommended by the Council and
individual fishing quota fleet to reflect
period because it would be the spatial management of the scallop described below. The Magnuson-
impracticable and contrary to the public fishery; and implements a 50-bushel Stevens Fishery Conservation and
interest. shell stock possession limit for limited Management Act (Magnuson-Stevens
access vessels inshore of the days-at-sea Act) permits NMFS to approve, partially
The regulations at § 648.86(o)
demarcation line north of 42° 20′ N. lat. approve, or disapprove measures
authorize the Regional Administrator to
adjust the Northeast multispecies proposed by the Council based only on
DATES: Effective March 23, 2017.
possession and trip limits for common whether the measures are consistent
ADDRESSES: The Council developed an
pool vessels in order to help prevent the with the fishery management plan, the
environmental assessment (EA) for this Magnuson-Stevens Act and its National
overharvest or underharvest of the action that describes the action and
pertinent common pool quotas. The Standards, and other applicable law. We
other considered alternatives and
error in a recent inseason action to must defer to the Council’s policy
provides a thorough analysis of the
increase the GOM cod and haddock trip choices unless there is a clear
impacts of these measures. Copies of the
limits was only recently discovered. As inconsistency with the law or the FMP.
Framework, the EA, and the Initial
a result, the time necessary to provide Details concerning the development of
Regulatory Flexibility Analysis (IRFA),
for prior notice and comment, and a 30- these measures were contained in the
are available upon request from Thomas
day delay in effectiveness, would preamble of the proposed rule and are
A. Nies, Executive Director, New
prevent NMFS from implementing the not repeated here.
England Fishery Management Council,
necessary trip limit correction in a 50 Water Street, Newburyport, MA Specification of Scallop Overfishing
timely manner, which could prevent the 01950. The EA/IRFA is also accessible Limit (OFL), Acceptable Biological
fishery from achieving the OY, and via the Internet at: http:// Catch (ABC), Annual Catch Limits
cause negative economic impacts to the www.nefmc.org/scallops/index.html. (ACLs), Annual Catch Targets (ACTs),
common pool fishery. Copies of the small entity compliance Annual Projected Landings (APLs) and
Authority: 16 U.S.C. 1801 et seq. guide are available from John K. Set-Asides for the 2017 Fishing Year
Bullard, Regional Administrator, NMFS, and Default Specifications for Fishing
Dated: March 22, 2017. Greater Atlantic Regional Fisheries Year 2018
Karen H. Abrams, Office, 55 Great Republic Drive,
pmangrum on DSK3GDR082PROD with RULES

Acting Deputy Director, Office of Sustainable Gloucester, MA 01930–2298, or Table 1 outlines the scallop fishery
Fisheries, National Marine Fisheries Service. available on the internet at: http:// catch limits derived from the ABC
[FR Doc. 2017–05980 Filed 3–22–17; 4:15 pm] www.greateratlantic.fisheries.noaa.gov/ values and the projected landings of the
BILLING CODE 3510–22–P sustainable/species/scallop/. fleet.

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Document Created: 2017-03-25 00:22:10
Document Modified: 2017-03-25 00:22:10

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		Rules and Regulations
Action		Temporary rule; inseason adjustment.
Dates		The trip limit increase is effective March 22, 2017, through April 30, 2017.
Contact		Spencer Talmage, Fishery Management Specialist, 978-281-9232.
FR Citation		82 FR 15154
RIN Number		0648-XF31

82 FR 15154 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Increase for the Small Vessel Category of the Common Pool Fishery

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 57 (March 27, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration