83 FR 11428 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2018 River Herring and Shad Catch Cap Reached for Midwater Trawl Vessels in the Mid-Atlantic/Southern New England Catch Cap Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 51 (March 15, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 51 (March 15, 2018)
| Page Range | 11428-11429 | |
| FR Document | 2018-05288 |
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)] [Rules and Regulations] [Pages 11428-11429] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05288] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151215999-6960-02] RIN 0648-XG087 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2018 River Herring and Shad Catch Cap Reached for Midwater Trawl Vessels in the Mid-Atlantic/Southern New England Catch Cap Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is reducing the Atlantic herring possession limit for federally permitted vessels fishing with midwater trawl gear in the Mid-Atlantic/Southern New England Catch Cap Closure Area, based on a projection that the threshold catch for the corresponding catch cap area has been reached. This action is necessary to comply with the regulations [[Page 11429]] implementing the Atlantic Herring Fishery Management Plan and is intended to limit the harvest of river herring and shad in the Mid- Atlantic/Southern New England Catch Cap Area. DATES: Effective 00:01 hr local time, March 14, 2018, through December 31, 2018. FOR FURTHER INFORMATION CONTACT: Daniel Luers, Fishery Management Specialist, (978) 282-8457. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic herring fishery can be found at 50 CFR part 648, including requirements for setting annual catch cap allocations for river herring and shad. NMFS set the 2018 catch cap in the Mid-Atlantic/Southern New England Catch Cap Area at 129.6 mt. NMFS established this value in the 2016 through 2018 herring specifications (81 FR 75731, November 1, 2016). The NMFS Administrator of the Greater Atlantic Region (Regional Administrator) monitors the herring fishery in each of the catch cap areas based on vessel and dealer reports, state data, and other available information. The regulations at Sec. 648.201 require that when the Regional Administrator projects that river herring and shad catch will reach 95 percent of a catch cap for vessels fishing with a specified gear type in a specified catch cap area, NMFS must prohibit, through notification in the Federal Register, federally permitted herring vessels fishing with that gear type from fishing for, possessing, catching, transferring, or landing more than 2,000 lb (907.2 kg) of herring per trip or calendar day in or from that specified catch cap closure area for the remainder of the fishing year. The Regional Administrator has determined, based on available information, that the herring midwater trawl vessels will have caught 95 percent of the river herring and shad catch cap allocated to the Mid-Atlantic/Southern New England Catch Cap Area by March 14, 2018. Therefore, effective 00:01 hr local time, March 14, 2018, federally permitted vessels fishing with midwater trawl gear may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of herring per trip or calendar day, in or from the Mid-Atlantic/Southern New England Catch Cap Closure Area through December 31, 2018. Midwater trawl vessels that have entered port before 00:01 hr local time, March 14, 2018, may land and sell more than 2,000 lb (907.2 kg) of herring from the Cap Closure Area from that trip. Midwater trawl vessels may transit through the Mid-Atlantic/Southern New England Catch Cap Closure Area with more than 2,000 lb (907.2 kg) of herring on board, provided all herring in excess of 2,000 lb (907.2 kg) was caught outside of this area and all fishing gear is stowed and not available for immediate use as defined by Sec. 648.2. 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. This action restricts the catch of herring in the Mid-Atlantic/Southern New England Catch Cap Closure Area for the remainder of the fishing year. Data have only recently become available indicating that herring midwater trawl vessels will have caught 95 percent of the river herring and shad catch cap allocated to that gear type in the Catch Cap Area. Once NMFS projects that river herring and shad catch will reach 95 percent of the cap for the Catch Cap Area, NMFS is required by Federal regulation to implement a 2,000-lb (907.2-kg) herring trip and calendar day possession limit for Cap Closure Area through December 31, 2018. The regulations at Sec. 648.201(a)(4)(ii) require such action to ensure that herring vessels do not exceed the river herring and shad catch cap allocated to midwater trawl vessels in the Mid-Atlantic/Southern New England Catch Cap Area. If implementation of this closure is delayed to solicit prior public comment, the midwater trawl catch cap for the Mid- Atlantic/Southern New England Catch Cap Area for this fishing year will be exceeded, thereby undermining the conservation objectives of the Atlantic Herring Fishery Management Plan. For the reasons stated above, 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: March 12, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-05288 Filed 3-12-18; 4:15 pm] BILLING CODE 3510-22-P
![11428 Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations
we previously sought specific comment Governmental Affairs Bureau, Reference official with the authority to bind the
on how the Commission might further Information Center, shall send a copy of Completing Carrier shall submit to each
reduce the information collection this Report and Order to Congress and payphone service provider to which
burden for small business concerns with the Government Accountability Office compensation is tendered a sworn
fewer than 25 employees. pursuant to the Congressional Review statement that the payment amount for
44. In this document, we have Act, see 5 U.S.C. 801(a)(1)(A). that quarter is accurate and is based on
assessed the effects of revising or 51. It is further ordered that the 100% of all completed calls that
eliminating certain payphone Commission’s Consumer & originated from that payphone service
compensation procedural requirements, Governmental Affairs Bureau, Reference provider’s payphones. Instead of
and find that doing so will serve the Information Center, shall send a copy of transmitting individualized statements
public interest and is unlikely to this Report and Order, including the to each payphone service provider, a
directly affect businesses with fewer Final Regulatory Flexibility Analysis, to Completing Carrier may provide a
than 25 employees. the Chief Counsel for Advocacy of the single, blanket sworn statement
Small Business Administration, see 5 addressed to all payphone service
C. Congressional Review Act U.S.C. 801(a)(1)(A). providers to which compensation is
45. The Commission will send a copy tendered for that quarter and may notify
List of Subjects in 47 CFR Part 64
of this Report and Order, including a the payphone service providers of the
copy of the Final Regulatory Flexibility Common carriers, Communications, sworn statement through any electronic
Certification, in a report to Congress and Telecommunications, Telephone. method, including transmitting the
the Government Accountability Office Federal Communications Commission. sworn statement with the § 64.1310(a)(4)
pursuant to the Congressional Review Marlene H. Dortch, quarterly report, or posting the sworn
Act, see 5 U.S.C. 801(a)(1)(A). Secretary. statement on the Completing Carrier or
In addition, the Report and Order and clearinghouse website. If a Completing
this final certification will be sent to the Final Rules
Carrier chooses to post the sworn
Chief Counsel for Advocacy of the Small For the reasons discussed in the statement on its website, the Completing
Business Administration (SBA), and preamble, the Federal Communications Carrier shall state in its § 64.1310(a)(4)
will be published in the Federal Commission amends 47 CFR part 64 as quarterly report the web address of the
Register. follows: sworn statement.
D. Contact Person PART 64—MISCELLANEOUS RULES * * * * *
46. For further information about this RELATING TO COMMON CARRIERS § 64.1320 [Removed]
proceeding, please contact Michele Levy
Berlove, FCC Wireline Competition ■ 1. The authority citation for part 64 ■ 4. Remove § 64.1320.
Bureau, Competition Policy Division, continues to read as follows: [FR Doc. 2018–05201 Filed 3–14–18; 8:45 am]
Room 5–C313, 445 12th Street SW, Authority: 47 U.S.C. 154, 202, 225, 251(e), BILLING CODE 6712–01–P
Washington, DC 20554, (202) 418–1477, 254(k), 403(b)(2)(B), (c), 616, 620, Pub. L.
Michele.Berlove@fcc.gov. 104–104, 110 Stat. 56. Interpret or apply 47
U.S.C. 201, 202, 218, 222, 225, 226, 227, 228, DEPARTMENT OF COMMERCE
VI. Ordering Clauses 254(k), 276, 616, 620, and the Middle Class
Tax Relief and Job Creation Act of 2012, Pub. National Oceanic and Atmospheric
47. Accordingly, it is ordered that,
L. 112–96, unless otherwise noted.
pursuant to the authority contained in Administration
sections 1–4, 11, and 276 of the ■ 2. Section 64.1301 is revised to read
Communications Act of 1934, as as follows: 50 CFR Part 648
amended, 47 U.S.C. 151–154, 161, 276, § 64.1301 Per-payphone compensation. [Docket No. 151215999–6960–02]
this Report and Order is adopted. In the absence of a negotiated
48. It is further ordered that part 64 RIN 0648–XG087
agreement to pay a different amount,
of the Commission’s rules is amended as each entity listed in Appendix C of the
set forth in Appendix A, and that any Fisheries of the Northeastern United
Fifth Order on Reconsideration and States; Atlantic Herring Fishery; 2018
such rule amendments that contain new Order on Remand in CC Docket No. 96–
or modified information collection River Herring and Shad Catch Cap
128, FCC 02–292, must pay default Reached for Midwater Trawl Vessels in
requirements that require approval by compensation to payphone service
the Office of Management and Budget the Mid-Atlantic/Southern New
providers for access code calls and England Catch Cap Area
under the Paperwork Reduction Act payphone subscriber 800 calls for the
shall be effective after announcement in period beginning April 21, 1999, in the AGENCY: National Marine Fisheries
the Federal Register of Office of amount listed in Appendix C for any Service (NMFS), National Oceanic and
Management and Budget approval of the payphone for any month during which Atmospheric Administration (NOAA),
rules, and on the effective date per-call compensation for that payphone Commerce.
announced therein. for that month was or is not paid by the ACTION: Temporary rule; closure.
49. It is further ordered that this listed entity. A complete copy of
Report and Order shall be effective 30 Appendix C is available at www.fcc.gov. SUMMARY: NMFS is reducing the
days after publication in the Federal Atlantic herring possession limit for
■ 3. Section 64.1310 is amended by
Register, except for 47 CFR federally permitted vessels fishing with
revising paragraph (a)(3) to read as
sradovich on DSK3GMQ082PROD with RULES
64.1310(a)(3), which contains midwater trawl gear in the Mid-
follows:
information collection requirements Atlantic/Southern New England Catch
previously approved by OMB and § 64.1310 Payphone compensation Cap Closure Area, based on a projection
which provision shall become effective procedures. that the threshold catch for the
as set forth in the preceding paragraph. (a) * * * corresponding catch cap area has been
50. It is further ordered that the (3) When payphone compensation is reached. This action is necessary to
Commission’s Consumer & tendered for a quarter, a company comply with the regulations
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![Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations 11429
implementing the Atlantic Herring England Catch Cap Closure Area with DEPARTMENT OF COMMERCE
Fishery Management Plan and is more than 2,000 lb (907.2 kg) of herring
intended to limit the harvest of river on board, provided all herring in excess National Oceanic and Atmospheric
herring and shad in the Mid-Atlantic/ of 2,000 lb (907.2 kg) was caught outside Administration
Southern New England Catch Cap Area. of this area and all fishing gear is
DATES: Effective 00:01 hr local time, stowed and not available for immediate 50 CFR Part 679
March 14, 2018, through December 31, use as defined by § 648.2. [Docket No. 170816769–8162–02]
2018.
FOR FURTHER INFORMATION CONTACT:
Classification RIN 0648–XG076
Daniel Luers, Fishery Management This action is required by 50 CFR part
Specialist, (978) 282–8457. Fisheries of the Exclusive Economic
648 and is exempt from review under Zone Off Alaska; Pollock in Statistical
SUPPLEMENTARY INFORMATION: Executive Order 12866. Area 610 in the Gulf of Alaska
Regulations governing the Atlantic
herring fishery can be found at 50 CFR NMFS finds good cause pursuant to 5
AGENCY: National Marine Fisheries
part 648, including requirements for U.S.C. 553(b)(B) to waive prior notice
Service (NMFS), National Oceanic and
setting annual catch cap allocations for and the opportunity for public comment
Atmospheric Administration (NOAA),
river herring and shad. NMFS set the because it would be contrary to the Commerce.
2018 catch cap in the Mid-Atlantic/ public interest and impracticable. This
ACTION: Temporary rule; closure.
Southern New England Catch Cap Area action restricts the catch of herring in
at 129.6 mt. NMFS established this the Mid-Atlantic/Southern New SUMMARY: NMFS is prohibiting directed
value in the 2016 through 2018 herring England Catch Cap Closure Area for the fishing for pollock in Statistical Area
specifications (81 FR 75731, November remainder of the fishing year. Data have 610 in the Gulf of Alaska (GOA). This
1, 2016). only recently become available action is necessary to prevent exceeding
The NMFS Administrator of the indicating that herring midwater trawl the B season allowance of the 2018 total
Greater Atlantic Region (Regional vessels will have caught 95 percent of allowable catch of pollock for Statistical
Administrator) monitors the herring the river herring and shad catch cap Area 610 in the GOA.
fishery in each of the catch cap areas allocated to that gear type in the Catch DATES: Effective 1200 hours, Alaska
based on vessel and dealer reports, state Cap Area. Once NMFS projects that local time (A.l.t.), March 12, 2018,
data, and other available information. river herring and shad catch will reach through 1200 hours, A.l.t., May 31,
The regulations at § 648.201 require that 95 percent of the cap for the Catch Cap 2018.
when the Regional Administrator Area, NMFS is required by Federal
projects that river herring and shad FOR FURTHER INFORMATION CONTACT: Josh
regulation to implement a 2,000-lb Keaton, 907–586–7228.
catch will reach 95 percent of a catch (907.2-kg) herring trip and calendar day
cap for vessels fishing with a specified SUPPLEMENTARY INFORMATION: NMFS
possession limit for Cap Closure Area
gear type in a specified catch cap area, manages the groundfish fishery in the
through December 31, 2018. The GOA exclusive economic zone
NMFS must prohibit, through
regulations at § 648.201(a)(4)(ii) require according to the Fishery Management
notification in the Federal Register,
federally permitted herring vessels such action to ensure that herring Plan for Groundfish of the Gulf of
fishing with that gear type from fishing vessels do not exceed the river herring Alaska (FMP) prepared by the North
for, possessing, catching, transferring, or and shad catch cap allocated to Pacific Fishery Management Council
landing more than 2,000 lb (907.2 kg) of midwater trawl vessels in the Mid- under authority of the Magnuson-
herring per trip or calendar day in or Atlantic/Southern New England Catch Stevens Fishery Conservation and
from that specified catch cap closure Cap Area. If implementation of this Management Act. Regulations governing
area for the remainder of the fishing closure is delayed to solicit prior public fishing by U.S. vessels in accordance
year. comment, the midwater trawl catch cap with the FMP appear at subpart H of 50
The Regional Administrator has for the Mid-Atlantic/Southern New CFR part 600 and 50 CFR part 679.
determined, based on available England Catch Cap Area for this fishing The B season allowance of the 2018
information, that the herring midwater year will be exceeded, thereby total allowable catch (TAC) of pollock in
trawl vessels will have caught 95 undermining the conservation Statistical Area 610 of the GOA is 1,317
percent of the river herring and shad objectives of the Atlantic Herring metric tons (mt) as established by the
catch cap allocated to the Mid-Atlantic/ Fishery Management Plan. For the final 2018 and 2019 harvest
Southern New England Catch Cap Area reasons stated above, NMFS further specifications for groundfish in the GOA
by March 14, 2018. Therefore, effective finds, pursuant to 5 U.S.C 553(d)(3), (83 FR 8768, March 1, 2018).
00:01 hr local time, March 14, 2018, good cause to waive the 30-day delayed In accordance with § 679.20(d)(1)(i),
federally permitted vessels fishing with effectiveness period. the Regional Administrator has
midwater trawl gear may not fish for, determined that the B season allowance
catch, possess, transfer, or land more Authority: 16 U.S.C. 1801 et seq. of the 2018 TAC of pollock in Statistical
than 2,000 lb (907.2 kg) of herring per Dated: March 12, 2018. Area 610 of the GOA will soon be
trip or calendar day, in or from the Mid- Emily H. Menashes, reached. Therefore, the Regional
Atlantic/Southern New England Catch Administrator is establishing a directed
Acting Director, Office of Sustainable
Cap Closure Area through December 31, Fisheries, National Marine Fisheries Service.
fishing allowance of 1,217 mt and is
sradovich on DSK3GMQ082PROD with RULES
2018. Midwater trawl vessels that have setting aside the remaining 100 mt as
[FR Doc. 2018–05288 Filed 3–12–18; 4:15 pm]
entered port before 00:01 hr local time, bycatch to support other anticipated
BILLING CODE 3510–22–P
March 14, 2018, may land and sell more groundfish fisheries. In accordance with
than 2,000 lb (907.2 kg) of herring from § 679.20(d)(1)(iii), the Regional
the Cap Closure Area from that trip. Administrator finds that this directed
Midwater trawl vessels may transit fishing allowance has been reached.
through the Mid-Atlantic/Southern New Consequently, NMFS is prohibiting
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Document Created: 2018-03-15 02:38:03
Document Modified: 2018-03-15 02:38:03
| 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 00:01 hr local time, March 14, 2018, through December 31, 2018. | |
| Contact | Daniel Luers, Fishery Management Specialist, (978) 282-8457. | |
| FR Citation | 83 FR 11428 | |
| RIN Number | 0648-XG08 |
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