82 FR 28476 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; Summer Flounder Fishery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 119 (June 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 119 (June 22, 2017)
| Page Range | 28476-28477 | |
| FR Document | 2017-13026 |
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)] [Notices] [Pages 28476-28477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13026] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF479 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Summer Flounder Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of non-compliance referral. ----------------------------------------------------------------------- SUMMARY: NMFS announces that on June 12, 2017, we received a letter from the Atlantic States Marine Fisheries Commission finding the State of New Jersey out of compliance with Addendum XXVIII to the Summer Flounder, Scup, and Black Sea Bass Interstate Fishery Management Plan and requesting Federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act. This notice is necessary to alert the public that NMFS has received and is reviewing the referral of non-compliance from the Commission. The intended effect of this notice is to inform the public of the Commission's recommendation to the Secretary of Commerce and to outline both the decision-making process that will be used and potential outcomes of the non-compliance review. FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. [[Page 28477]] SUPPLEMENTARY INFORMATION: The Atlantic States Marine Fisheries Commission (Commission) developed Addendum XXVIII to the Summer Flounder, Scup, and Black Sea Bass Interstate Fishery Management Plan (ISFMP) to specify 2017 recreational management measures (i.e., regional conservation equivalency) for summer flounder, which is currently experiencing overfishing. Addendum XXVIII, which was adopted by the Commission in February 2017, retained management regions, consistent with those established in 2016: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (5) Delaware, Maryland, and Virginia; and (6) North Carolina. To provide the maximum amount of flexibility and to continue to adequately address the state-by-state differences in fish availability, each state in a region is required by the Commission to establish identical management measures (i.e., fishing season length, minimum size, and possession limit). Addendum XXVIII requires each state or region, with the exception of North Carolina, to increase the summer flounder minimum size in 2017 by 1 inch (2.5 cm) relative to the 2016 size limit. The 2017 measures also reduce the bag limit for most of the states and regions, while the season length remains the same as in 2016. These measures were designed to constrain coastwide catch of summer flounder to within the 2017 recreational harvest limit. For New Jersey, Addendum XXVIII requires the following measures:Shore mode for Island Beach State Park only: 17-inch (43.2-cm) minimum size limit, 2-fish possession limit, and 128-day open season. Delaware Bay only (west of the COLERG line): 18-inch (45.7-cm) minimum size limit, 3-fish possession limit, and 128-day open season. All other marine waters (east of the COLERG line): 19-inch (48.3-cm) minimum size limit, 3-fish possession limit, and 128-day open season. The Commission required New Jersey to implement these measures in state waters by May 25, 2017. Instead, New Jersey implemented size limits that are one-inch lower in each area described in the bullets above and instituted a season of 104 days. The bag limits remain the same as those required under the addendum. On June 1, 2017, the Commission found the State of New Jersey out of compliance for not fully and effectively implementing and enforcing the Addendum XXVIII measures. The Commission notified NMFS of its non-compliance finding by letter on June 12, 2017. Federal response to a Commission non-compliance referral is governed by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). Under the Atlantic Coastal Act, the Secretary of Commerce must make two findings within 30 days after receiving the non-compliance referral. First, the Secretary must determine whether the state in question (in this case, New Jersey) has failed to carry out its responsibilities under the ISFMP. Second, the Secretary must determine whether the measures that the State has failed to implement or enforce are necessary for the conservation of the fishery in question (in this case, summer flounder). If NMFS determines that New Jersey has failed to carry out its responsibilities under the ISFMP, and if the measures it failed to implement are necessary for conservation, then, according to the Atlantic Coastal Act, NMFS must declare a moratorium on summer flounder fishing in New Jersey waters. Further, the moratorium must become effective within six months of the date of the Secretary's non-compliance determination. If New Jersey is found out of compliance by NMFS and later implements Addendum XXVIII measures, the Atlantic Coastal Act allows the state to petition the Commission that it has come back into compliance. If the Commission concurs that New Jersey has come into compliance, the Commission will notify the Secretary. If the Secretary concurs, the moratorium will be withdrawn. NMFS has notified New Jersey, the Commission, and the Mid-Atlantic Fishery Management Council in separate letters, of its receipt of the Commission's non-compliance referral. NMFS solicits comments from the Commission and Council to the extent either is interested in providing comments on the non-compliance referral. NMFS also indicated to New Jersey that it is entitled to meet with and present its comments directly to NMFS, if so desired. NMFS intends to make its non-compliance determination, including supporting rationale, on or about July 11, 2017, which is 30 days after receipt of the Commission's non-compliance referral. NMFS will announce its determination by Federal Register notice immediately thereafter. To the extent that NMFS makes an affirmative non-compliance finding, NMFS will announce the effective date of the moratorium in that Federal Register notice. Authority: 16 U.S.C. 1801 et seq. Dated: June 19, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-13026 Filed 6-19-17; 4:15 pm] BILLING CODE 3510-22-P
![28476 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices
products or services it seeks to export • Consistency of the applicant expenses paid in anticipation of a Trade
through the mission are either produced company’s (or, in the case of another Mission will be reimbursed. However,
in the United States, or, if not, marketed organization, represented companies’ or participation fees for a cancelled Trade
under the name of a U.S. firm and have constituents’) goals and objectives with Mission will be reimbursed to the extent
demonstrable U.S. content as a the stated mission scope. they have not already been expended in
percentage of the value of the finished Referrals from political organizations the anticipation of the Mission.
product or service. In the case of a trade and any documents containing
references to partisan political activities Contacts
association, the applicant must certify
that it will only be representing (including political contributions) will Jonathan Chesebro, Industry & Analysis,
companies during the Trade Mission be removed from an applicant’s Office of Energy and Environmental
consistent with the domestic content submission and will not be considered. Industries, Washington, DC, Tel: (202)
criteria laid out in this section. In the 482–1297, Email: jonathan.chesebro@
Timeframe for Recruitment and
case of an academic or research trade.gov.
Participation
institution, the applicant must certify Devin Horne, Industry & Analysis,
that as part of its activities at the event, Recruitment for participation in the Office of Energy and Environmental
it will represent the interests of the U.S. Industry Program as a Industries, Washington, DC, Tel: (202)
organization’s staff that meet the criteria representative of the U.S. nuclear 482–0775, Email: devin.horne@
above. industry will be conducted in an open trade.gov.
Applicants must: and public manner, including
Dated: June 13, 2017.
• Certify that the products and publication in the Federal Register,
Edward A. O’Malley,
services that it wishes to market through posting on the DOC trade mission
calendar, notices to industry trade Director, Office of Energy and Environmental
the mission would be in compliance Industries.
with U.S. export controls and associations and other multiplier
groups. Recruitment will begin 2 weeks [FR Doc. 2017–12610 Filed 6–21–17; 8:45 am]
regulations;
• Certify that it has identified any after publication in the Federal Register BILLING CODE 3510–DS–P
matter pending before any bureau or and conclude no later than July 14,
office in the U.S. Department of 2017. The ITA will review applications
and make selection decisions on a DEPARTMENT OF COMMERCE
Commerce;
• Certify that it has identified any rolling basis. Applications received after National Oceanic and Atmospheric
pending litigation (including any July 14, 2017, will be considered only Administration
administrative proceedings) to which it if space and scheduling permit.
is a party that involves the U.S. RIN 0648–XF479
Fees and Expenses
Department of Commerce;
• Sign and submit an agreement that After a company or organization has Atlantic Coastal Fisheries Cooperative
it and its affiliates (1) have not and will been selected to participate on the Management Act Provisions; Summer
not engage in the bribery of foreign mission, a payment to the DOC in the Flounder Fishery
officials in connection with a form of a participation fee is required.
The fee covers ITA support to register AGENCY: National Marine Fisheries
company’s/participant’s involvement in Service (NMFS), National Oceanic and
this mission, and (2) maintain and U.S. industry participants for the IAEA
General Conference Participants will be Atmospheric Administration (NOAA),
enforce a policy that prohibits the Commerce.
bribery of foreign officials; and able to take advantage of discounted
• Certify that it meets the minimum rates for hotel rooms. ACTION: Notice of non-compliance
requirements as stated in this • The fee to participate in the event referral.
announcement. is $1,600 for a large company and
$1,200 for a small or medium-sized SUMMARY: NMFS announces that on
Applicants from a company,
company (SME), a trade association, or June 12, 2017, we received a letter from
organization or institution that is
a U.S. university or research institution. the Atlantic States Marine Fisheries
majority owned or controlled by a
The fee for each additional Commission finding the State of New
foreign government entity will not be
representative (large company, trade Jersey out of compliance with
considered for participation in the U.S.
association, university/research Addendum XXVIII to the Summer
Industry Program.
institution, or SME) is $900. Flounder, Scup, and Black Sea Bass
Selection Criteria Æ For purposes of this mission, a SME Interstate Fishery Management Plan and
Selection will be based on the is defined as a company/organization requesting Federal non-compliance
following criteria: with less than $7 million in average review under the provisions of the
• Suitability of the company’s (or, in annual receipts and fewer than five Atlantic Coastal Fisheries Cooperative
the case of another organization, hundred employees (Source: U.S. Small Management Act. This notice is
represented companies’ or constituents’) Business Administration). necessary to alert the public that NMFS
products or services to each of the • To apply to the mission, complete has received and is reviewing the
markets the company or organization the trade mission application at https:// referral of non-compliance from the
has expressed an interest in exporting to emenuapps.ita.doc.gov/ePublic/TM/ Commission. The intended effect of this
as part of this trade mission. 7R0W. notice is to inform the public of the
• The company’s (or, in the case of Participants selected for the Trade Commission’s recommendation to the
sradovich on DSK3GMQ082PROD with NOTICES
another organization, represented Mission will be expected to pay for the Secretary of Commerce and to outline
companies’ or constituents’) potential cost of all personal expenses, including, both the decision-making process that
for business in each of the markets the but not limited to, international travel, will be used and potential outcomes of
company or organization has expressed lodging, meals, transportation, the non-compliance review.
an interest in exporting to as part of this communication, and incidentals, unless FOR FURTHER INFORMATION CONTACT:
trade mission, including likelihood of otherwise noted. In the event that the Emily Gilbert, Fishery Policy Analyst,
exports resulting from the mission. Mission is cancelled, no personal (978) 281–9244.
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![Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices 28477
SUPPLEMENTARY INFORMATION: NMFS of its non-compliance finding by Dated: June 19, 2017.
The Atlantic States Marine Fisheries letter on June 12, 2017. Emily H. Menashes,
Commission (Commission) developed Federal response to a Commission Acting Director, Office of Sustainable
Addendum XXVIII to the Summer non-compliance referral is governed by Fisheries, National Marine Fisheries Service.
Flounder, Scup, and Black Sea Bass the Atlantic Coastal Fisheries [FR Doc. 2017–13026 Filed 6–19–17; 4:15 pm]
Interstate Fishery Management Plan Cooperative Management Act (Atlantic BILLING CODE 3510–22–P
(ISFMP) to specify 2017 recreational Coastal Act). Under the Atlantic Coastal
management measures (i.e., regional Act, the Secretary of Commerce must
conservation equivalency) for summer make two findings within 30 days after DEPARTMENT OF COMMERCE
flounder, which is currently receiving the non-compliance referral.
experiencing overfishing. Addendum First, the Secretary must determine National Oceanic and Atmospheric
XXVIII, which was adopted by the whether the state in question (in this Administration
Commission in February 2017, retained case, New Jersey) has failed to carry out RIN 0648–XF464
management regions, consistent with its responsibilities under the ISFMP.
those established in 2016: (1) Second, the Secretary must determine Nominations to the Marine Mammal
Massachusetts; (2) Rhode Island; (3) whether the measures that the State has Scientific Review Groups
Connecticut and New York; (4) New failed to implement or enforce are
Jersey; (5) Delaware, Maryland, and necessary for the conservation of the AGENCY: National Marine Fisheries
Virginia; and (6) North Carolina. To fishery in question (in this case, summer Service (NMFS), National Oceanic and
provide the maximum amount of flounder). If NMFS determines that New Atmospheric Administration (NOAA),
flexibility and to continue to adequately Jersey has failed to carry out its Commerce.
address the state-by-state differences in responsibilities under the ISFMP, and if ACTION: Notice; request for nominations.
fish availability, each state in a region the measures it failed to implement are
SUMMARY: As required by section 117(d)
is required by the Commission to necessary for conservation, then,
of the Marine Mammal Protection Act
establish identical management according to the Atlantic Coastal Act,
(MMPA), the Secretary of Commerce
measures (i.e., fishing season length, NMFS must declare a moratorium on
established three independent regional
minimum size, and possession limit). summer flounder fishing in New Jersey
scientific review groups (SRGs) to
Addendum XXVIII requires each state or waters. Further, the moratorium must
provide advice on a range of marine
region, with the exception of North become effective within six months of
mammal science and management
Carolina, to increase the summer the date of the Secretary’s non-
issues. NMFS has conducted a
flounder minimum size in 2017 by 1 compliance determination. If New
membership review of the Alaska,
inch (2.5 cm) relative to the 2016 size Jersey is found out of compliance by
Atlantic, and Pacific SRGs, and is
limit. The 2017 measures also reduce NMFS and later implements Addendum
soliciting nominations for new members
the bag limit for most of the states and XXVIII measures, the Atlantic Coastal
to fill vacancies and gaps in expertise.
regions, while the season length remains Act allows the state to petition the
Commission that it has come back into DATES: Nominations must be received
the same as in 2016.
compliance. If the Commission concurs by July 24, 2017.
These measures were designed to
constrain coastwide catch of summer that New Jersey has come into ADDRESSES: Nominations can be
flounder to within the 2017 recreational compliance, the Commission will notify emailed to Shannon.Bettridge@
harvest limit. For New Jersey, the Secretary. If the Secretary concurs, noaa.gov, or mailed to: Marine Mammal
Addendum XXVIII requires the the moratorium will be withdrawn. and Sea Turtle Conservation Division,
following measures: NMFS has notified New Jersey, the Office of Protected Resources, National
• Shore mode for Island Beach State Commission, and the Mid-Atlantic Marine Fisheries Service, 1315 East-
Park only: 17-inch (43.2-cm) minimum Fishery Management Council in West Highway, Silver Spring, MD
size limit, 2-fish possession limit, and separate letters, of its receipt of the 20910–3226, Attn: SRGs.
128-day open season. Commission’s non-compliance referral. FOR FURTHER INFORMATION CONTACT:
• Delaware Bay only (west of the NMFS solicits comments from the Shannon Bettridge, Office of Protected
COLERG line): 18-inch (45.7-cm) Commission and Council to the extent Resources, 301–427–8402,
minimum size limit, 3-fish possession either is interested in providing Shannon.Bettridge@noaa.gov.
limit, and 128-day open season. comments on the non-compliance Information about the SRGs, including
• All other marine waters (east of the referral. NMFS also indicated to New the SRG Terms of Reference, is available
COLERG line): 19-inch (48.3-cm) Jersey that it is entitled to meet with and at http://www.nmfs.noaa.gov/pr/sars/
minimum size limit, 3-fish possession present its comments directly to NMFS, group.htm.
limit, and 128-day open season. if so desired. SUPPLEMENTARY INFORMATION:
The Commission required New Jersey NMFS intends to make its non- Section 117(d) of the MMPA (16
to implement these measures in state compliance determination, including U.S.C. 1386(d)) directs the Secretary of
waters by May 25, 2017. Instead, New supporting rationale, on or about July Commerce to establish three
Jersey implemented size limits that are 11, 2017, which is 30 days after receipt independent regional SRGs to advise the
one-inch lower in each area described in of the Commission’s non-compliance Secretary (authority delegated to
the bullets above and instituted a season referral. NMFS will announce its NMFS). The Alaska SRG advises on
of 104 days. The bag limits remain the determination by Federal Register marine mammals that occur in waters
sradovich on DSK3GMQ082PROD with NOTICES
same as those required under the notice immediately thereafter. To the off Alaska that are under the jurisdiction
addendum. On June 1, 2017, the extent that NMFS makes an affirmative of the United States. The Pacific SRG
Commission found the State of New non-compliance finding, NMFS will advises on marine mammals that occur
Jersey out of compliance for not fully announce the effective date of the in waters off the U.S. West Coast,
and effectively implementing and moratorium in that Federal Register Hawaiian Islands, and the U.S.
enforcing the Addendum XXVIII notice. Territories in the Central and Western
measures. The Commission notified Authority: 16 U.S.C. 1801 et seq. Pacific that are under the jurisdiction of
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Document Created: 2017-06-21 23:55:39
Document Modified: 2017-06-21 23:55:39
| 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 | Notices | |
| Action | Notice of non-compliance referral. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. | |
| FR Citation | 82 FR 28476 | |
| RIN Number | 0648-XF47 |
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