82 FR 24879 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Access Area to General Category Individual Fishing Quota Scallop Vessels
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 103 (May 31, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24879-24880 | |
| FR Document | 2017-11180 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Rules and Regulations] [Pages 24879-24880] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11180] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161118999-7280-02] RIN 0648-XF410 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Access Area to General Category Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Nantucket Lightship Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2017 fishing year as of the effective date below. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Nantucket Lightship Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Nantucket Lightship Scallop Access Area will be taken. DATES: Effective 0001 hr local time, May 30, 2017, through March 31, 2018. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Nantucket Lightship Scallop Access Area under specific conditions, including a total of 837 trips that may be taken during the 2017 fishing year. Section 648.59(g)(3)(iii) requires the Nantucket Lightship Scallop Access [[Page 24880]] Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2017 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Nantucket Lightship Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 837 trips will be taken as of May 30, 2017. Therefore, in accordance with Sec. 648.59(g)(3)(iii), NMFS is closing the Nantucket Lightship Scallop Access Area to all LAGC IFQ scallop vessels as of May 30, 2017. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Nantucket Lightship Scallop Access Area after 0001 local time, May 30, 2017. Any LAGC IFQ vessel that has declared into the Nantucket Lightship Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area before 0001, May 30, 2017, may complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2017 scallop fishing year. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Nantucket Lightship Scallop Access Area opened for the 2017 fishing year on March 23, 2017. The regulations at Sec. 648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Nantucket Lightship Scallop Access Area. The projections of the date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area become apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. In order to propose a closure for purposes of receiving prior public comment, NMFS would need to make a projection based on very little information, which would result in a closure too early or too late. To allow LAGC IFQ scallop vessels to continue to take trips in the Nantucket Lightship Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in vessels taking much more than the allowed number of trips in the Nantucket Lightship Scallop Access Area. Excessive trips and harvest from the Nantucket Lightship Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when we put these provisions in place. For these same reasons, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: May 25, 2017. Margo B. Schulze-Haugen, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-11180 Filed 5-25-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 24879
timeline procedures; (4) overlapping restrictions, we might have structured Subpart XXX—[Stayed]
applicability with other rules; (5) the the rule in such a way as to minimize
definition of cover penetration; and (6) any potential impacts on flexibility. ■ 2. Subpart XXX is stayed from May
design plan approval. As part of the 31, 2017 until August 29, 2017.
proceeding, the EPA will prepare a II. Stay of Subparts Cf and XXX [FR Doc. 2017–10752 Filed 5–30–17; 8:45 am]
notice of proposed rulemaking that will By this action, the EPA is staying the BILLING CODE 6560–50–P
provide the petitioners and the public subparts added or revised by two final
an opportunity to comment on the
rules, ‘‘Standards of Performance for
issues identified in that letter. As DEPARTMENT OF COMMERCE
Municipal Solid Waste Landfills,’’ 81
explained in the letter, the EPA has not
FR 59332 and ‘‘Emission Guidelines and
taken action on the remaining issues in National Oceanic and Atmospheric
the petitions for reconsideration. A copy Compliance Times for Municipal Solid
Administration
of the letter is included in the dockets Waste Landfills,’’ 81 FR 59276 for 90
for this rule, Docket ID No. EPA–HQ– days pursuant to its authority under
50 CFR Part 648
OAR–2003–0215 and EPA–HQ–OAR– section 307(d)(7)(B) of the CAA. We
believe that it is necessary to stay the [Docket No. 161118999–7280–02]
2014–0451.
The EPA convened a proceeding for subparts in their entirety because the RIN 0648–XF410
reconsideration based on the tier 4 SEM provisions in the two rules
determination that some of the are integral to how the rules function as Fisheries of the Northeastern United
objections raised in the petition for a whole. The ability to use tier 4 SEM States; Atlantic Sea Scallop Fishery;
reconsideration met the criteria set forth is a primary aspect of the flexibility we Closure of the Nantucket Lightship
in CAA section 307(d)(7)(B), 42 U.S.C. intended to include in the rule. Tier 4 Access Area to General Category
7607(d)(7)(B), which requires the SEM can be used to determine on a site- Individual Fishing Quota Scallop
Administrator to convene a proceeding specific basis whether and when the Vessels
for reconsideration of a rule when the requirement to install and operate a gas AGENCY: National Marine Fisheries
person raising an objection to a rule can collection and control system is Service, National Oceanic and
demonstrate: (1) That it was either triggered. The tier 4 SEM provision Atmospheric Administration,
impractical to raise the objection during provides flexibility in complying with Commerce.
the period for public comment or that other requirements in the rules that does ACTION: Temporary rule; closure.
the grounds for the objection arose after not otherwise exist. As a result, we
the period for public comment; and (2) believe that it is appropriate to stay the SUMMARY: NMFS announces that the
that the objection is of central relevance subparts in their entirety while we Nantucket Lightship Scallop Access
to the outcome of the rule. In particular, address the tier 4 SEM issues and the Area will close to Limited Access
we determined that the tier 4 surface other issues for which the Administrator General Category Individual Fishing
emissions monitoring (SEM) issues has granted reconsideration. Therefore, Quota scallop vessels for the remainder
raised in the petition for reconsideration pursuant to section 307(d)(7)(B) of the of the 2017 fishing year as of the
met those criteria. The proposed rule CAA, the EPA is staying 40 CFR part 60, effective date below. No vessel issued a
included tier 4 SEM as an optional subpart XXX, and 40 CFR part 60, Limited Access General Category
monitoring method; however, the final Individual Fishing Quota permit may
subpart Cf, for 90 days.
rule imposed restrictions on the use of fish for, possess, or land scallops from
tier 4 SEM, e.g., limits on wind speed, This stay will remain in place until the Nantucket Lightship Scallop Access
the use of wind barriers, and restricting August 29, 2017. Area. Regulations require this action
the use of tier 4 SEM to landfills with List of Subjects in 40 CFR Part 60 once it is projected that 100 percent of
non-methane organic compounds trips allocated to the Limited Access
emission rates between 34 and 50 mega Environmental protection, General Category Individual Fishing
grams per year, that were not included Administrative practice and procedure, Quota scallop vessels for the Nantucket
in the proposal. While we believe that Air pollution control, Reporting and Lightship Scallop Access Area will be
the restrictions are appropriate in light recordkeeping requirements. taken.
of the potential impact of the results of
tier 4 SEM, we recognize that they were Dated: May 22, 2017. DATES: Effective 0001 hr local time, May
added without the benefit of public E. Scott Pruitt, 30, 2017, through March 31, 2018.
comment. Thus, we find that the Administrator. FOR FURTHER INFORMATION CONTACT:
petitioners have demonstrated that it Shannah Jaburek, Fishery Management
40 CFR part 60 is amended as follows: Specialist, (978) 282–8456.
was impractical to raise the objection
during the period for public comment. PART 60—STANDARDS OF SUPPLEMENTARY INFORMATION:
We also find that the objection to the PERFORMANCE FOR NEW Regulations governing fishing activity in
restrictions on the use of tier 4 SEM is STATIONARY SOURCES the Sea Scallop Access Areas can be
of central relevance to the outcome of found in 50 CFR 648.59 and 648.60.
the rule. Tier 4 SEM can be used as a These regulations authorize vessels
■ 1. The authority citation for part 60
site-specific methodology for issued a valid Limited Access General
continues to read as follows:
asabaliauskas on DSKBBXCHB2PROD with RULES
determining whether and when the Category (LAGC) Individual Fishing
requirement to install a gas collection Authority: 42 U.S.C. 7401 et seq. Quota (IFQ) scallop permit to fish in the
and control system is triggered. The Nantucket Lightship Scallop Access
restrictions limit an owner’s/operator’s Subpart Cf—[Stayed] Area under specific conditions,
ability to use tier 4 SEM for those including a total of 837 trips that may
purposes, thereby reducing intended ■ 2. Subpart Cf is stayed from May 31, be taken during the 2017 fishing year.
flexibility in the rule. If we had the 2017 until August 29, 2017. Section 648.59(g)(3)(iii) requires the
benefit of public comment on the Nantucket Lightship Scallop Access
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24982/page/1.svg)
![24880 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
Area to be closed to LAGC IFQ publish and receive comments on a SUPPLEMENTARY INFORMATION: NMFS
permitted vessels for the remainder of proposed rule would likely result in manages the groundfish fishery in the
the fishing year once the NMFS Greater vessels taking much more than the BSAI according to the Fishery
Atlantic Regional Administrator allowed number of trips in the Management Plan for Groundfish of the
determines that the allowed number of Nantucket Lightship Scallop Access Bering Sea and Aleutian Islands
trips for fishing year 2017 are projected Area. Excessive trips and harvest from Management Area (FMP) prepared by
to be taken. the Nantucket Lightship Scallop Access the North Pacific Fishery Management
Based on trip declarations by LAGC Area would result in excessive fishing Council under authority of the
IFQ scallop vessels fishing in the effort in the area, where effort controls Magnuson-Stevens Fishery
Nantucket Lightship Scallop Access are critical, thereby undermining Conservation and Management Act.
Area, analysis of fishing effort, and conservation objectives of the Atlantic Regulations governing fishing by U.S.
other information, NMFS projects that Sea Scallop Fishery Management Plan vessels in accordance with the FMP
837 trips will be taken as of May 30, and requiring more restrictive future appear at subpart H of 50 CFR part 600
2017. Therefore, in accordance with management measures. Also, the public and 50 CFR part 679.
§ 648.59(g)(3)(iii), NMFS is closing the had prior notice and full opportunity to The 2017 allocation of yellowfin sole
Nantucket Lightship Scallop Access comment on this closure process when total allowable catch for vessels
Area to all LAGC IFQ scallop vessels as we put these provisions in place. For participating in the BSAI trawl limited
of May 30, 2017. No vessel issued an these same reasons, NMFS further finds, access fishery in the BSAI is 18,151
LAGC IFQ permit may fish for, possess, pursuant to 5 U.S.C. 553(d)(3), good metric tons (mt) as established by the
or land scallops in or from the cause to waive the 30-day delayed final 2017 and 2018 harvest
Nantucket Lightship Scallop Access effectiveness period. specifications for groundfish in the
Area after 0001 local time, May 30, BSAI (82 FR 11826, February 27, 2017).
Authority: 16 U.S.C. 1801 et seq.
2017. Any LAGC IFQ vessel that has In accordance with § 679.20(d)(1)(iii),
declared into the Nantucket Lightship Dated: May 25, 2017. the Administrator, Alaska Region,
Access Area scallop fishery, complied Margo B. Schulze-Haugen, NMFS (Regional Administrator), has
with all trip notification and observer Acting Deputy Director, Office of Sustainable determined that the 2017 allocation of
requirements, and crossed the VMS Fisheries, National Marine Fisheries Service. yellowfin sole total allowable catch
demarcation line on the way to the area [FR Doc. 2017–11180 Filed 5–25–17; 4:15 pm] allocated as a directed fishing allowance
before 0001, May 30, 2017, may BILLING CODE 3510–22–P for vessels participating in the BSAI
complete its trip without being subject trawl limited access fishery in the BSAI
to this closure. This closure is in effect will soon be reached. Consequently,
for the remainder of the 2017 scallop DEPARTMENT OF COMMERCE NMFS is prohibiting directed fishing for
fishing year. yellowfin sole for vessels participating
National Oceanic and Atmospheric in the BSAI trawl limited access fishery
Classification Administration in the BSAI.
This action is required by 50 CFR part After the effective date of this closure
648 and is exempt from review under 50 CFR Part 679 the maximum retainable amounts at
Executive Order 12866. NMFS finds § 679.20(e) and (f) apply at any time
good cause pursuant to 5 U.S.C. [Docket No. 161020985–7181–02]
during a trip.
553(b)(B) to waive prior notice and the RIN 0648–XF468
opportunity for public comment Classification
because it would be contrary to the Fisheries of the Exclusive Economic This action responds to the best
public interest and impracticable. The Zone Off Alaska; Yellowfin Sole for available information recently obtained
Nantucket Lightship Scallop Access Vessels Participating in the BSAI Trawl from the fishery. The Acting Assistant
Area opened for the 2017 fishing year Limited Access Fishery in the Bering Administrator for Fisheries, NOAA
on March 23, 2017. The regulations at Sea and Aleutian Islands Management (AA), finds good cause to waive the
§ 648.59(g)(3)(iii) require this closure to Area requirement to provide prior notice and
ensure that LAGC IFQ scallop vessels do opportunity for public comment
not take more than their allocated AGENCY: National Marine Fisheries pursuant to the authority set forth at 5
number of trips in the Nantucket Service, National Oceanic and U.S.C. 553(b)(B) as such requirement is
Lightship Scallop Access Area. The Atmospheric Administration, impracticable and contrary to the public
projections of the date on which the Commerce. interest. This requirement is
LAGC IFQ fleet will have taken all of its ACTION: Temporary rule; closure. impracticable and contrary to the public
allocated trips in an Access Area interest as it would prevent NMFS from
become apparent only as trips into the SUMMARY: NMFS is prohibiting directed
responding to the most recent fisheries
area occur on a real-time basis and as fishing for yellowfin sole in the Bering
data in a timely fashion and would
activity trends begin to appear. As a Sea and Aleutian Islands management
delay the closure of directed fishing for
result, NMFS can only make an accurate area (BSAI) for vessels participating in
yellowfin sole by vessels fishing in the
projection very close in time to when the BSAI trawl limited access fishery.
BSAI trawl limited access fishery in the
the fleet has taken all of its trips. In This action is necessary to prevent
BSAI. NMFS was unable to publish a
order to propose a closure for purposes exceeding the 2017 allocation of
notice providing time for public
asabaliauskas on DSKBBXCHB2PROD with RULES
of receiving prior public comment, yellowfin sole total allowable catch for
comment because the most recent,
NMFS would need to make a projection vessels participating in the BSAI trawl
relevant data only became available as
based on very little information, which limited access fishery in the BSAI.
of May 24, 2017.
would result in a closure too early or too DATES: Effective 1200 hrs, Alaska local The acting AA also finds good cause
late. To allow LAGC IFQ scallop vessels time (A.l.t.), May 26, 2017, through 2400 to waive the 30-day delay in the
to continue to take trips in the hrs, A.l.t., December 31, 2017. effective date of this action under 5
Nantucket Lightship Scallop Access FOR FURTHER INFORMATION CONTACT: U.S.C. 553(d)(3). This finding is based
Area during the period necessary to Steve Whitney, 907–586–7228. upon the reasons provided above for
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24982/page/2.svg)
Document Created: 2017-05-31 05:59:17
Document Modified: 2017-05-31 05:59:17
| 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; closure. | |
| Dates | Effective 0001 hr local time, May 30, 2017, through March 31, 2018. | |
| Contact | Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. | |
| FR Citation | 82 FR 24879 | |
| RIN Number | 0648-XF41 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR