83_FR_12005 83 FR 11952 - Control Date for the Northeast Multispecies Charter/Party Fishery; Northeast Multispecies Fishery Management Plan

83 FR 11952 - Control Date for the Northeast Multispecies Charter/Party Fishery; Northeast Multispecies Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range11952-11953
FR Document2018-05505

This notice announces a new control date that may be used to determine future participation in the Northeast multispecies charter/ party fishery. This notice is necessary to inform interested parties that the New England Fishery Management Council is considering a future action that may affect or limit the number of participants in this fishery and that participants should locate and preserve all fishing related documents. The control date is intended to discourage speculative entry or fishing activity in the Northeast multispecies charter/party fishery while the Council considers how participation in the fishery may be affected.

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Proposed Rules]
[Pages 11952-11953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05505]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180205126-8126-01]
RIN 0648-BH66


Control Date for the Northeast Multispecies Charter/Party 
Fishery; Northeast Multispecies Fishery Management Plan

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: This notice announces a new control date that may be used to 
determine future participation in the Northeast multispecies charter/
party fishery. This notice is necessary to inform interested parties 
that the New England Fishery Management Council is considering a future 
action that may affect or limit the number of participants in this 
fishery and that participants should locate and preserve all fishing 
related documents. The control date is intended to discourage 
speculative entry or fishing activity in the Northeast multispecies 
charter/party fishery while the Council considers how participation in 
the fishery may be affected.

DATES: March 19, 2018, shall be known as the ``control date'' for the 
Northeast multispecies charter/party fishery. Written comments must be 
received on or before April 18, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0042 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=[NOAA-NMFS-2018-0042], click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Northeast Multispecies Charter/Party Control Date.''
    [ssquf] Fax: (978) 281-9135; Attn: Spencer Talmage.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: This notification establishes March 19, 
2018, as the new control date for potential use in determining 
historical or traditional participation in the charter/party groundfish 
fishery. Interested participants should locate and preserve all records 
that substantiate and verify their participation in the charter/party 
groundfish fishery. Consideration of a

[[Page 11953]]

control date does not commit the Council to develop any particular 
management regime or criteria for participation in the fishery. Any 
action to develop a limited access program for the charter/party 
fishery would require a change to the FMP and would be considered 
through the normal Council process, including rulemaking, that would 
allow additional opportunities for public comment.
    The New England Fishery Management Council first established a 
control date of March 30, 2006, for the Northeast multispecies 
(groundfish) charter/party fishery (71 FR 16111). At the time, members 
of the charter/party industry and the Council's Recreational Advisory 
Panel recommended that the Council restrict new entrants to the fishery 
to reduce the need for further restrictions on the recreational catch 
of groundfish. In 2010, the Council requested that we publish a 
subsequent Advance Notice of Proposed Rulemaking (ANPR) to reaffirm the 
original control date (75 FR 57249; September 20, 2010). Participants 
in the recreational fishery were concerned that the number of charter/
party operators would increase substantially due to the implementation 
of Amendment 16 to the Northeast Multispecies Fishery Management Plan 
(FMP). Amendment 16 implemented large-scale changes for the fishery, 
including annual catch limits and accountability measures and an 
expanded the sector management program. The charter/party fishery 
includes vessels with open access charter/party permits as well as 
vessels issued a limited access groundfish permit, while not on a 
groundfish day-at-sea or fishing under the sector management program. 
The Council has not yet taken action to restrict entrants or 
participants in the charter/party fishery.
    For 2018, the Council included a multi-year priority to scope for 
the development of a limited entry program for the charter/party 
fishery. In light of this priority, the Council voted on January 31, 
2018, to revise the control date. The Council requested that we 
establish a new control date as the date of publication of this 
Advanced Notice of Proposed Rulemaking. Because conditions and issues 
in the recreational groundfish fishery have changed considerably over 
the past 10 years, the Council determined this new control date is a 
more useful indicator of recent activity in the fishery. This action 
notifies the public and fishery participants of possible rulemaking, 
and that the Council is considering future action that may limit the 
number of or otherwise affect participants in the fishery.
    The control date is intended to discourage speculative entry, 
investment, or fishing activity in the charter/party fishery while the 
Council considers if and how participation in the fishery may be 
affected. The Council may use this control date for entry or 
participation qualification, along with additional criteria. 
Performance or fishing effort after the date of publication may not be 
treated the same as performance or effort before the control date. The 
Council may choose to use different qualification criteria that do not 
incorporate the new control date. The Council may also choose to take 
no further action to control entry or access to the charter/party 
groundfish fishery.

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

    Dated: March 14, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-05505 Filed 3-16-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                  11952                   Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules

                                                  will be met via emission reductions                        • Does not provide the EPA with the                participants should locate and preserve
                                                  already in place.                                       discretionary authority to address, as                all fishing related documents. The
                                                                                                          appropriate, disproportionate human                   control date is intended to discourage
                                                  III. Proposed Action
                                                                                                          health or environmental effects, using                speculative entry or fishing activity in
                                                     The EPA is proposing to approve                      practicable and legally permissible                   the Northeast multispecies charter/party
                                                  South Dakota’s January 27, 2016,                        methods, under Executive Order 12898                  fishery while the Council considers how
                                                  Regional Haze Progress Report as                        (59 FR 7629, February 16, 1994).                      participation in the fishery may be
                                                  meeting the applicable regional haze                       The SIP is not approved to apply on                affected.
                                                  requirements set forth in 40 CFR                        any Indian reservation land or in any                 DATES: March 19, 2018, shall be known
                                                  51.308(g) and 51.308(h).                                other area where the EPA or an Indian                 as the ‘‘control date’’ for the Northeast
                                                  IV. Statutory and Executive Order                       tribe has demonstrated that a tribe has               multispecies charter/party fishery.
                                                  Reviews                                                 jurisdiction. In those areas of Indian                Written comments must be received on
                                                                                                          country, the rule does not have tribal                or before April 18, 2018.
                                                     Under the CAA, the Administrator is                  implications as specified by Executive
                                                  required to approve a SIP submission                                                                          ADDRESSES: You may submit comments
                                                                                                          Order 13175 (65 FR 67249, November 9,                 on this document, identified by NOAA–
                                                  that complies with the provisions of the                2000), nor will it impose substantial
                                                  Act and applicable federal regulations.                                                                       NMFS–2018–0042 by any of the
                                                                                                          direct costs on tribal governments or                 following methods:
                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 preempt tribal law.                                      D Electronic Submission: Submit all
                                                  Thus, in reviewing SIP submissions, the
                                                                                                          List of Subjects in 40 CFR Part 52                    electronic public comments via the
                                                  EPA’s role is to approve state choices,
                                                                                                                                                                Federal e-Rulemaking Portal. Go to
                                                  provided that they meet the criteria of                   Environmental protection, Air                       www.regulations.gov/
                                                  the CAA. Accordingly, this proposed                     pollution control, Incorporation by                   #!docketDetail;D=[NOAA-NMFS-2018-
                                                  action merely proposes to approve state                 reference, Intergovernmental relations,               0042], click the ‘‘Comment Now!’’ icon,
                                                  law as meeting federal requirements and                 Nitrogen oxides, Particulate matter,                  complete the required fields, and enter
                                                  does not impose additional                              Reporting and recordkeeping                           or attach your comments.
                                                  requirements beyond those imposed by                    requirements, Sulfur dioxide, Volatile                   D Mail: Submit written comments to
                                                  state law. For that reason, this proposed               organic compounds.                                    Michael Pentony, Regional
                                                  action:                                                                                                       Administrator, National Marine
                                                                                                            Authority: 42 U.S.C. 7401 et seq.
                                                     • Is not a significant regulatory action
                                                                                                            Dated: March 13, 2018.                              Fisheries Service, 55 Great Republic
                                                  subject to review by the Office of
                                                                                                                                                                Drive, Gloucester, MA 01930. Mark the
                                                  Management and Budget under                             Douglas H. Benevento,
                                                                                                                                                                outside of the envelope, ‘‘Comments on
                                                  Executive Orders 12866 (58 FR 51735,                    Regional Administrator, Region 8.
                                                                                                                                                                Northeast Multispecies Charter/Party
                                                  October 4, 1993) and 13563 (76 FR 3821,                 [FR Doc. 2018–05398 Filed 3–16–18; 8:45 am]           Control Date.’’
                                                  January 21, 2011);                                      BILLING CODE 6560–50–P                                   D Fax: (978) 281–9135; Attn: Spencer
                                                     • Is not expected to be an Executive
                                                                                                                                                                Talmage.
                                                  Order 13771 regulatory action because                                                                            Instructions: Comments sent by any
                                                  this action is not significant under                                                                          other method, to any other address or
                                                                                                          DEPARTMENT OF COMMERCE
                                                  Executive Order 12866;                                                                                        individual, or received after the end of
                                                     • Does not impose an information                     National Oceanic and Atmospheric                      the comment period, may not be
                                                  collection burden under the provisions                  Administration                                        considered by NMFS. All comments
                                                  of the Paperwork Reduction Act (44
                                                                                                                                                                received are a part of the public record
                                                  U.S.C. 3501 et seq.);                                   50 CFR Part 648                                       and will generally be posted for public
                                                     • Is certified as not having a
                                                                                                                                                                viewing on www.regulations.gov
                                                  significant economic impact on a                        [Docket No. 180205126–8126–01]
                                                                                                                                                                without change. All personal identifying
                                                  substantial number of small entities                    RIN 0648–BH66                                         information (e.g., name, address, etc.),
                                                  under the Regulatory Flexibility Act (5
                                                                                                                                                                confidential business information, or
                                                  U.S.C. 601 et seq.);                                    Control Date for the Northeast
                                                     • Does not contain any unfunded                                                                            otherwise sensitive information
                                                                                                          Multispecies Charter/Party Fishery;                   submitted voluntarily by the sender will
                                                  mandate or significantly or uniquely                    Northeast Multispecies Fishery
                                                  affect small governments, as described                                                                        be publicly accessible. NMFS will
                                                                                                          Management Plan                                       accept anonymous comments (enter
                                                  in the Unfunded Mandates Reform Act
                                                  of 1995 (Pub. L. 104–4);                                AGENCY:  National Marine Fisheries                    ‘‘N/A’’ in the required fields if you wish
                                                     • Does not have federalism                           Service (NMFS), National Oceanic and                  to remain anonymous). Attachments to
                                                  implications as specified in Executive                  Atmospheric Administration (NOAA),                    electronic comments will be accepted in
                                                  Order 13132 (64 FR 43255, August 10,                    Commerce.                                             Microsoft Word, Excel, or Adobe PDF
                                                  1999);                                                                                                        file formats only.
                                                                                                          ACTION: Advance notice of proposed
                                                     • Is not an economically significant                 rulemaking (ANPR); request for                        FOR FURTHER INFORMATION CONTACT:
                                                  regulatory action based on health or                    comments.                                             Spencer Talmage, Fishery Management
                                                  safety risks subject to Executive Order                                                                       Specialist, 978–281–9232.
                                                  13045 (62 FR 19885, April 23, 1997);                    SUMMARY:    This notice announces a new               SUPPLEMENTARY INFORMATION: This
                                                     • Is not a significant regulatory action             control date that may be used to                      notification establishes March 19, 2018,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  subject to Executive Order 13211 (66 FR                 determine future participation in the                 as the new control date for potential use
                                                  28355, May 22, 2001);                                   Northeast multispecies charter/party                  in determining historical or traditional
                                                     • Is not subject to requirements of                  fishery. This notice is necessary to                  participation in the charter/party
                                                  Section 12(d) of the National                           inform interested parties that the New                groundfish fishery. Interested
                                                  Technology Transfer and Advancement                     England Fishery Management Council is                 participants should locate and preserve
                                                  Act of 1995 (15 U.S.C. 272 note) because                considering a future action that may                  all records that substantiate and verify
                                                  this action does not involve technical                  affect or limit the number of                         their participation in the charter/party
                                                  standards; and                                          participants in this fishery and that                 groundfish fishery. Consideration of a


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                                                                          Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Proposed Rules                                                  11953

                                                  control date does not commit the                        Management Plan (FMP). Amendment                      that the Council is considering future
                                                  Council to develop any particular                       16 implemented large-scale changes for                action that may limit the number of or
                                                  management regime or criteria for                       the fishery, including annual catch                   otherwise affect participants in the
                                                  participation in the fishery. Any action                limits and accountability measures and                fishery.
                                                  to develop a limited access program for                 an expanded the sector management
                                                                                                                                                                   The control date is intended to
                                                  the charter/party fishery would require                 program. The charter/party fishery
                                                                                                                                                                discourage speculative entry,
                                                  a change to the FMP and would be                        includes vessels with open access
                                                  considered through the normal Council                   charter/party permits as well as vessels              investment, or fishing activity in the
                                                  process, including rulemaking, that                     issued a limited access groundfish                    charter/party fishery while the Council
                                                  would allow additional opportunities                    permit, while not on a groundfish day-                considers if and how participation in
                                                  for public comment.                                     at-sea or fishing under the sector                    the fishery may be affected. The Council
                                                     The New England Fishery                              management program. The Council has                   may use this control date for entry or
                                                  Management Council first established a                  not yet taken action to restrict entrants             participation qualification, along with
                                                  control date of March 30, 2006, for the                 or participants in the charter/party                  additional criteria. Performance or
                                                  Northeast multispecies (groundfish)                     fishery.                                              fishing effort after the date of
                                                  charter/party fishery (71 FR 16111). At                    For 2018, the Council included a                   publication may not be treated the same
                                                  the time, members of the charter/party                  multi-year priority to scope for the                  as performance or effort before the
                                                  industry and the Council’s Recreational                 development of a limited entry program                control date. The Council may choose to
                                                  Advisory Panel recommended that the                     for the charter/party fishery. In light of            use different qualification criteria that
                                                  Council restrict new entrants to the                    this priority, the Council voted on                   do not incorporate the new control date.
                                                  fishery to reduce the need for further                  January 31, 2018, to revise the control               The Council may also choose to take no
                                                  restrictions on the recreational catch of               date. The Council requested that we                   further action to control entry or access
                                                  groundfish. In 2010, the Council                        establish a new control date as the date              to the charter/party groundfish fishery.
                                                  requested that we publish a subsequent                  of publication of this Advanced Notice
                                                  Advance Notice of Proposed                              of Proposed Rulemaking. Because                         Authority: 16 U.S.C. 1801 et seq.
                                                  Rulemaking (ANPR) to reaffirm the                       conditions and issues in the recreational               Dated: March 14, 2018.
                                                  original control date (75 FR 57249;                     groundfish fishery have changed                       Samuel D. Rauch, III,
                                                  September 20, 2010). Participants in the                considerably over the past 10 years, the
                                                                                                                                                                Deputy Assistant Administrator for
                                                  recreational fishery were concerned that                Council determined this new control
                                                                                                                                                                Regulatory Programs, National Marine
                                                  the number of charter/party operators                   date is a more useful indicator of recent             Fisheries Service.
                                                  would increase substantially due to the                 activity in the fishery. This action
                                                                                                                                                                [FR Doc. 2018–05505 Filed 3–16–18; 8:45 am]
                                                  implementation of Amendment 16 to                       notifies the public and fishery
                                                  the Northeast Multispecies Fishery                      participants of possible rulemaking, and              BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS




                                             VerDate Sep<11>2014   16:06 Mar 16, 2018   Jkt 244001   PO 00000   Frm 00051   Fmt 4702   Sfmt 9990   E:\FR\FM\19MRP1.SGM   19MRP1



Document Created: 2018-03-17 04:24:41
Document Modified: 2018-03-17 04:24:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPR); request for comments.
DatesMarch 19, 2018, shall be known as the ``control date'' for the Northeast multispecies charter/party fishery. Written comments must be received on or before April 18, 2018.
ContactSpencer Talmage, Fishery Management Specialist, 978-281-9232.
FR Citation83 FR 11952 
RIN Number0648-BH66

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