82 FR 39363 - Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of Modifications to a Regulatory Exemption for Groundfish Sectors
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 159 (August 18, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 159 (August 18, 2017)
| Page Range | 39363-39366 | |
| FR Document | 2017-17522 |
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Rules and Regulations] [Pages 39363-39366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17522] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170104016-7732-02] RIN 0648-XF138 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of Modifications to a Regulatory Exemption for Groundfish Sectors AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Through this action, NMFS approves a change to a regulatory exemption for sector vessels in the Northeast multispecies fishery for fishing years 2017 and 2018. This action is necessary to respond to a request from sectors to change a previously approved exemption. The change is intended to increase the use of the sector exemption, which allows sector vessels to combine small-mesh exempted fishing trips and [[Page 39364]] groundfish trips, and to provide sector vessels with additional fishing opportunities. DATES: The modified regulatory exemption is effective August 17, 2017, through April 30, 2019. ADDRESSES: Copies of each sector's final operations plan are available from the NMFS Greater Atlantic Regional Fisheries Office: John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management Specialist, (978) 281-9236. To review Federal Register documents referenced in this rule, you can visit: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies. SUPPLEMENTARY INFORMATION: Background A sector is a group of persons (three or more persons, none of whom have an ownership interest in the other two persons in the sector) holding limited access groundfish permits who have voluntarily entered into a contract and agree to certain fishing restrictions for a specified period of time. Sectors are self-selecting, meaning each sector can choose its members. The Northeast multispecies sector management system allocates a portion of the NE multispecies stocks to each sector. These annual sector allocations are known as annual catch entitlements (ACEs) and are based on the collective fishing history of a sector's members. Sectors may receive allocations of large-mesh NE multispecies stocks with the exception of Atlantic halibut, windowpane flounder, Atlantic wolffish, and ocean pout, which are non-allocated species. The ACEs are a portion of a stock's annual catch limit (ACL) available to commercial NE multispecies vessels within a sector. A sector determines how to harvest its ACEs and may decide to limit operations to fewer vessels. Sectors submit operations plans and contracts to us for approval. We must approve a sector's operations plan in order to allocate ACE to the sector and for the sectors to operate. Because sectors elect to receive an allocation under a quota-based system, the Northeast Multispecies Fishery Management Plan (FMP) grants sector vessels several ``universal'' exemptions from the FMP's effort controls. Sectors may request additional exemptions to streamline operations for sector vessels and to increase economic opportunities. We review these requests for consistency with the NE Multispecies FMP and other FMPs, as well as for resource and community impacts. We may approve requested exemptions that benefit sector vessels and that are consistent with the goals and objectives of the relevant FMPs. Sectors are prohibited from requesting exemptions from permitting restrictions, gear restrictions designed to minimize habitat impacts, and most reporting requirements. Modified Sector Exemption Modifications to the Sectors Small-Mesh Fishery Exemption Area On April 28, 2017, we published an interim final rule (82 FR 19618) that approved sector operations plans, granted regulatory exemptions for sectors, and provided preliminary allocations of annual catch entitlements to sectors for the start of the 2017 fishing year . This interim final rule included consideration of a request from sectors to modify the Sectors Small-Mesh Fishery Exemption, which was first granted in fishing year 2015. This exemption allows vessels to combine sector and small-mesh fishery trips in two discrete areas in Southern New England. Vessels may first target groundfish with large-mesh trawl gear and then switch to small-mesh trawl gear to target exempted fishery species like squid. These combined trips are more efficient and allow sector vessels to increase revenue and profitability on a single trip. There are additional requirements for gear modifications on the small-mesh portion of the trip to reduce bycatch of groundfish, and all legal groundfish caught on the small-mesh portion of the trip must be kept and counted against the sector's allocation. A vessel using this exemption is still required to meet the same at-sea monitoring coverage as normal groundfish trips, and is also required to submit a catch report through its Vessel Monitoring System (VMS) unit when switching gears. The previously approved small-mesh sector exemption area includes two discrete areas, one that parallels the southern shore of Long Island to the waters just off Narragansett Bay, and a second area south of Martha's Vineyard (Figure 1). Sectors requested to modify the area to include all of statistical areas 537, 539 and 613, which would expand the geographic footprint of the exemption area, to better reflect fishing practices in the area and increase efficiency and opportunities for sector vessels (Figure 2). We received one public comment on this proposed change to the Sectors Small-Mesh Fishery Exemption. The comment supported approval of the modification to the exemption as proposed. We are granting the modification to the exemption area, but as noted in the April 28, 2017, interim final rule, we are excluding areas that overlap with existing year-round groundfish closed areas or southern windowpane flounder accountability measure (AM) areas, regardless of whether the AMs are triggered, to be consistent with the goals and objectives of the NE Multispecies FMP. We are excluding the overlapping southern windowpane flounder AM areas because of concerns about potential interactions with windowpane flounder and other regulated groundfish species within the AM area. As with all sector exemptions, we will continue to monitor the use of the updated exemption, as well as any future changes to area management that the New England Fishery Management Council recommends. All other requirements of the Sectors Small-Mesh Fishery Exemption remain unchanged from those previously approved and implemented. Vessels using the exemption must fish with one of three trawl gear modifications when using small mesh: Drop-chain sweep with a minimum of 12 inches (30.48 cm) in length; a large-mesh belly panel with a minimum of 32-inch (81.28-cm) mesh size; or an excluder grate secured forward of the codend with an outlet hole forward of the grate with bar spacing of no more than 1.97 inches (5.00 cm) wide. These gear modifications, when fished properly, have been shown to reduce the catch of legal and sub-legal groundfish stocks. As in previously approved versions of the exemption, in order to facilitate proper coverage levels and assist with enforcement, the vessel is required to declare their intent to use small mesh to target small-mesh species by submitting a trip start hail through its VMS unit prior to departure. Trips declaring this exemption must stow their small-mesh gear and use their large-mesh gear first, and once finished with the large mesh, must submit a Multispecies Catch Report via VMS of all catch on board at that time and indicate that the small-mesh gear will now be fished. Once the Catch Report is sent, the vessel can then deploy small-mesh with the required modifications in the specific areas (see map above), outside of the Nantucket Lightship Closed Area, at which point, the large mesh cannot be redeployed. Any legal-sized allocated groundfish stocks caught during these small-mesh hauls must be landed and the associated landed weight (dealer or vessel trip [[Page 39365]] report (VTR)) will be deducted from the sector's ACE. BILLING CODE 3510-22-P [GRAPHIC] [TIFF OMITTED] TR18AU17.000 [GRAPHIC] [TIFF OMITTED] TR18AU17.001 BILLING CODE 3510-22-C [[Page 39366]] Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator (AA) has determined that this final rule is consistent with the NE Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This action is exempt from the procedures of Executive Order 12866 because this action contains no implementing regulations. This final rule is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866. This final rule does not contain policies with Federalism or ``takings'' implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. The AA finds good cause, under authority provided in 5. U.S.C. 553(d)(1), to waive the 30-day delay in effective date because a delay in effectiveness would be contrary to the public interest. This rule does not impose any new requirements or costs on industry for which industry needs time to prepare to comply. Groundfish sectors requested this exemption to provide greater operational flexibility and to increase fishing opportunities. Delaying its effectiveness would unnecessarily restrict their fishing and lead to lost economic opportunity and efficiencies for sector vessels. Additionally, the small-mesh exemption is typically used by sector vessels in the fall. Because this rule changes the exemption area to increase use of the exemption, a delay in effectiveness would prevent sector vessels from the benefit of this change for the fall 2017 season, thus undermining the intent of the rule. The interim final rule, which proposed this action, was originally delayed as a result of the untimely submission of Framework Adjustment 56 by the New England Fishery Management Council, which prevented us from coordinating the publishing of the sector rule and the Framework 56 rulemaking in time for May 1, 2017 start of the 2017 fishing year. For all of these reasons, a 30-day delay in effectiveness of this rule would be contrary to the public interest. This final rule is exempt from the procedures of the Regulatory Flexibility Act because the preceding interim final rule was issued without opportunity for prior notice and comment. Authority: 16 U.S.C. 1801 et seq. Dated: August 15, 2017. Chris Oliver, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2017-17522 Filed 8-17-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 39363
Education, 400 Maryland Ave. SW., Department will not enforce print, audiotape, or compact disc) on
Room 6W253, Washington, DC 20202. § 668.406(b)(3) or (c) to the extent these request to the program contact person
Telephone: (202) 453–7249 or by email provisions require that a graduate listed under FOR FURTHER INFORMATION
at: Scott.Filter@ed.gov. survey contain responses from all CONTACT.
If you use a telecommunications students that are not exempted under Electronic Access to This Document:
device for the deaf (TDD) or a text § 668.404(e), nor will the Department The official version of this document is
telephone (TTY), call the Federal Relay require a 50 percent threshold response the document published in the Federal
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SUPPLEMENTARY INFORMATION: On of response rate, provided the and the Code of Federal Regulations is
January 6, 2017, the Department submissions include the number of available via the Federal Digital System
announced dates by which institutions responses, the response rate, and a at: www.gpo.gov/fdsys. At this site you
subject to the Department’s gainful nonresponse bias analysis, as well as can view this document, as well as all
employment (GE) regulations must any other information the Department other documents of this Department
comply with certain provisions of the requests. The Department will consider published in the Federal Register, in
the response rate, the nonresponse bias text or Portable Document Format
GE regulations relating to the
analysis, and any other information (PDF). To use PDF you must have
submission of alternate earnings
requested by the Secretary that indicates Adobe Acrobat Reader, which is
appeals. On June 15, 2017, the
that the responses are a reliable measure available free at this site.
Department announced its intention to
of the program graduates’ true earnings. You may also access documents of the
negotiate issues related to gainful Furthermore, for alternate earnings
employment. On July 5, 2017, the Department published in the Federal
appeals based on data from State- Register by using the article search
Department announced that it would sponsored data systems, the Department
publish a Federal Register document to feature at: www.federalregister.gov.
will not enforce § 668.406(b)(3) or (d) to Specifically, through the advanced
establish a new deadline for institutions the extent these provisions require that
to submit alternate earnings appeals in search feature of this site, you can limit
an appeal include earnings data for all your search to documents published by
light of the Court Order in American students that are not exempted under
Association of Cosmetology Schools v. the Department.
§ 668.404(e), nor will the Department
DeVos, Civil Action No. 17–0263, D.D.C. enforce § 668.406(d) to the extent that Dated: August 14, 2017.
June 28, 2017 (Court Order). provision requires a 50 percent Betsy DeVos,
The Department establishes October threshold to be met, or the earnings of Secretary of Education.
6, 2017, as the deadline for all programs 30 students to be included, before the [FR Doc. 2017–17423 Filed 8–17–17; 8:45 am]
to file a notice of intent to file alternate Department will consider an alternate BILLING CODE 4000–01–P
earnings appeal. The Department earnings appeal. Instead, the
establishes February 1, 2018, as the Department will consider the validity of
deadline for all programs to file an appeals using State-sponsored data on a
alternate earnings appeal. However, DEPARTMENT OF COMMERCE
case-by-case basis, taking into account
programs are encouraged to submit their the response rate and other information National Oceanic and Atmospheric
appeals before this deadline. These requested by the Secretary. Administration
deadlines and the associated timelines In modifying the alternate appeals
are being established on a one-time submission requirements, the 50 CFR Part 648
basis to comply with the Court Order. Department seeks to reduce the burden
Although the Court Order only applies on institutions in conducting these [Docket No. 170104016–7732–02]
to institutions that are members of the appeals while still ensuring that
American Association of Cosmetology RIN 0648–XF138
institutions provide enough information
Schools, the Court noted concerns with for the Department to determine Magnuson-Stevens Act Provisions;
the response threshold required for the whether the program graduates for Fisheries of the Northeastern United
graduate surveys used for all programs whom alternate earnings data are States; Northeast Multispecies
in the alternate earnings appeal under provided are a valid representation of Fishery; Approval of Modifications to a
34 CFR 668.406, and the Department is the overall cohort. Institutions must still Regulatory Exemption for Groundfish
establishing these new deadlines for all submit the certifications and attestations Sectors
programs subject to the GE regulations required by § 668.406(c)(2) and (d)(3), as
in 34 CFR part 668. Institutions that applicable, except to the extent AGENCY: National Marine Fisheries
have already submitted a notice of inconsistent with anything in this Service (NMFS), National Oceanic and
intent to file an alternate earnings document. Atmospheric Administration (NOAA),
appeal, or an alternate earnings appeal, Institutions intending to file a notice Commerce.
do not have to resubmit those items or of intent to appeal do not have to issue ACTION: Final rule.
amend their alternate earnings appeal in warnings to students unless they fail to
connection with the modified timely submit an alternate earnings SUMMARY: Through this action, NMFS
submission requirements described appeal or the appeal is resolved. approves a change to a regulatory
below. Institutions that wish to We invite your comments on this exemption for sector vessels in the
supplement an alternate earnings appeal action. We will consider these Northeast multispecies fishery for
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that has already been submitted may do comments in determining whether to fishing years 2017 and 2018. This action
so, and should contact Department staff take any future action in connection is necessary to respond to a request from
to make those arrangements on or before with the upcoming negotiated sectors to change a previously approved
October 6, 2017. rulemaking. exemption. The change is intended to
To further comply with the Court Accessible Format: Individuals with increase the use of the sector exemption,
Order, for alternate earnings appeals disabilities can obtain this document in which allows sector vessels to combine
based on a graduate survey, the an accessible format (e.g., Braille, large small-mesh exempted fishing trips and
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![39366 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations
Classification Act because the preceding interim final 47,210 metric tons (mt) by the 2017 and
Pursuant to section 304(b)(1)(A) of the rule was issued without opportunity for 2018 final harvest specifications for
Magnuson-Stevens Act, the NMFS prior notice and comment. groundfish in the BSAI (82 FR 11826,
Assistant Administrator (AA) has Authority: 16 U.S.C. 1801 et seq. February 27, 2017), and as adjusted by
determined that this final rule is Dated: August 15, 2017. reallocations (82 FR 31925, July 11,
consistent with the NE Multispecies Chris Oliver,
2017), in accordance with
FMP, other provisions of the Magnuson- § 679.20(a)(5)(i)(A)(1) and the American
Assistant Administrator for Fisheries,
Stevens Act, and other applicable law. National Marine Fisheries Service. Fisheries Act (AFA) (Pub. L. 105–277,
This action is exempt from the Division C, Title II).
[FR Doc. 2017–17522 Filed 8–17–17; 8:45 am]
procedures of Executive Order 12866
BILLING CODE 3510–22–P As of August 9, 2017, the
because this action contains no
Administrator, Alaska Region, NMFS,
implementing regulations.
This final rule is not an E.O. 13771 has determined that approximately
DEPARTMENT OF COMMERCE 21,000 (mt) of pollock remain in the
regulatory action because it is not
significant under E.O. 12866. incidental catch allowance. Based on
National Oceanic and Atmospheric
This final rule does not contain projected harvest rates of other
Administration
policies with Federalism or ‘‘takings’’ groundfish species and the expected
implications as those terms are defined 50 CFR Part 679 incidental catch of pollock in those
in E.O. 13132 and E.O. 12630, fisheries, the Regional Administrator
respectively. [Docket No. 161020985–7181–02] has determined that 4,000 mt of pollock
The AA finds good cause, under RIN 0648–XF614 specified in the incidental catch
authority provided in 5. U.S.C. allowance will not be necessary as
553(d)(1), to waive the 30-day delay in Fisheries of the Exclusive Economic incidental catch. Therefore, NMFS is
effective date because a delay in Zone Off Alaska; Reallocation of apportioning the projected unused
effectiveness would be contrary to the Pollock in the Bering Sea Subarea amount, 4,000 mt, of pollock from the
public interest. This rule does not incidental catch allowance to the
impose any new requirements or costs AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and directed fishing allowances established
on industry for which industry needs
Atmospheric Administration (NOAA), pursuant to § 679.20(a)(5)(i)(A).
time to prepare to comply. Groundfish
Commerce. Pursuant to the pollock allocation
sectors requested this exemption to
provide greater operational flexibility ACTION: Temporary rule; reallocation. requirements set forth in
and to increase fishing opportunities. § 679.20(a)(5)(i), this transfer will
SUMMARY: NMFS is reallocating increase the allocation to catcher vessels
Delaying its effectiveness would
projected unused amounts of Bering Sea harvesting pollock for processing by the
unnecessarily restrict their fishing and
subarea (BS) pollock from the incidental inshore component by 2,000 mt, to
lead to lost economic opportunity and
catch allowance to the directed catcher/processors and catcher vessels
efficiencies for sector vessels.
fisheries. This action is necessary to harvesting pollock for processing by
Additionally, the small-mesh exemption
allow the 2017 total allowable catch catcher/processors in the offshore
is typically used by sector vessels in the
(TAC) of pollock to be harvested. component by 1,600 mt, and to catcher
fall. Because this rule changes the
DATES: Effective August 15, 2017, until vessels harvesting pollock for
exemption area to increase use of the
exemption, a delay in effectiveness 2400 hrs, A.l.t., December 31, 2017. processing by motherships in the
would prevent sector vessels from the FOR FURTHER INFORMATION CONTACT: offshore component by 400 mt. Pursuant
benefit of this change for the fall 2017 Steve Whitney, 907–586–7228. to § 679.20(a)(5)(i)(A)(4), 8.5 percent of
season, thus undermining the intent of SUPPLEMENTARY INFORMATION: NMFS the 1,600 mt allocated to catcher/
the rule. The interim final rule, which manages the groundfish fishery in the processors in the offshore component,
proposed this action, was originally BSAI exclusive economic zone 136 mt, will be available for harvest
delayed as a result of the untimely according to the Fishery Management only by eligible catcher vessels
submission of Framework Adjustment Plan for Groundfish of the Bering Sea delivering to listed catcher/processors.
56 by the New England Fishery and Aleutian Islands Management Area Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), an
Management Council, which prevented (FMP) prepared by the North Pacific additional 8 mt or 0.5 percent of the
us from coordinating the publishing of Fishery Management Council under catcher/processor sector allocation of
the sector rule and the Framework 56 authority of the Magnuson-Stevens pollock will be available to unlisted
rulemaking in time for May 1, 2017 start Fishery Conservation and Management
AFA catcher/processors.
of the 2017 fishing year. For all of these Act. Regulations governing fishing by
reasons, a 30-day delay in effectiveness U.S. vessels in accordance with the FMP Pursuant to § 679.20(a)(5)(i)(A),
of this rule would be contrary to the appear at subpart H of 50 CFR part 600 Tables 4 and 5 of the 2017 and 2018
public interest. and 50 CFR part 679. final harvest specifications for
This final rule is exempt from the The 2017 pollock incidental catch groundfish in the BSAI are revised as
procedures of the Regulatory Flexibility allowance in the BS was established as follows:
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Document Created: 2017-08-18 07:40:57
Document Modified: 2017-08-18 07:40:57
| 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 | Final rule. | |
| Dates | The modified regulatory exemption is effective August 17, 2017, through April 30, 2019. | |
| Contact | Kyle Molton, Fishery Management Specialist, (978) 281-9236. To review Federal Register documents referenced in this rule, you can visit: http:// www.greateratlantic.fisheries.noaa.gov/sustainable/species/ multispecies. | |
| FR Citation | 82 FR 39363 | |
| RIN Number | 0648-XF13 |
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