83 FR 28388 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 118 (June 19, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 118 (June 19, 2018)
| Page Range | 28388-28389 | |
| FR Document | 2018-13132 |
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)] [Rules and Regulations] [Pages 28388-28389] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13132] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180202111-8353-02] RIN 0648-XG267 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Closed Area I Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2018 fishing year. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from [[Page 28389]] the Closed Area I Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Closed Area I Scallop Access Area will be taken. DATES: Effective 0001 hr local time, June 18, 2018, through March 31, 2019. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Closed Area I Scallop Access Area under specific conditions, including a total of 571 trips that may be taken during the 2018 fishing year. Section 648.59(g)(3)(iii) requires the Closed Area I Scallop Access Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2018 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Closed Area I Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 571 trips will be taken as of June 18, 2018. Therefore, in accordance with Sec. 648.59(g)(3)(iii), NMFS is closing the Closed Area I Scallop Access Area to all LAGC IFQ scallop vessels as of June 18, 2018. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Closed Area I Scallop Access Area after 0001 local time, June 18, 2018. Any LAGC IFQ vessel that has declared into the Closed Area I Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the vessel monitor system (VMS) demarcation line on the way to the area before 0001, June 18, 2018, may complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2018 scallop fishing year, through March 31, 2019. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Closed Area I Scallop Access Area opened for the 2018 fishing year on April 19, 2018. The regulations at Sec. 648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Closed Area I Scallop Access Area. The projected date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area becomes apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. In order to propose a closure for purposes of receiving prior public comment, NMFS would need to make a projection based on very little information, which would result in a closure too early or too late. To allow LAGC IFQ scallop vessels to continue to take trips in the Closed Area I Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in the vessels taking much more than the allowed number of trips in the Closed Area I Scallop Access Area. Excessive trips and harvest from the Closed Area I Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when it was enacted For these same reasons, NMFS further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 30-day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: June 14, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-13132 Filed 6-15-18; 8:45 am] BILLING CODE 3510-22-P
![28388 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
Section 305(c)(2) of the Magnuson- authority set forth in 5 U.S.C. 553(b)(B), implementing this temporary rule
Stevens Act provides the Council the as such procedures for this temporary extension immediately, the total harvest
authority to request interim measures, if rule extension are unnecessary and of golden tilefish would be reduced
necessary, to reduce overfishing. The contrary to the public interest. Such until the Council and NMFS can
Council sent a letter to NMFS, dated procedures are unnecessary because prepare and possibly implement
June 27, 2017, to request that NMFS NMFS already published a proposed management measures under Regulatory
implement interim measures to temporary rule on October 30, 2017, and Amendment 28 to end overfishing of
immediately reduce overfishing of requested public comments on these golden tilefish on a permanent basis.
golden tilefish while long-term interim measures, including their In addition, delaying the effectiveness
management measures are developed to potential extension (82 FR 50101). of this final temporary rule for 30 days
end overfishing of golden tilefish. NMFS responded to public comments in is contrary to the public interest because
Section 305(c)(3)(B) of the Magnuson- the final temporary rule published on of the need to immediately implement
Stevens Act allows for interim measures January 2, 2018 (83 FR 65). This this action to protect golden tilefish.
to be extended for one additional period temporary rule extension continues the The capacity of the fishing fleet allows
of 186 days provided that the public has interim measures unchanged for an for rapid harvest of the ACL. Delaying
had an opportunity to comment on the additional 186 days. the effectiveness of this temporary rule
interim measures and that the Council Prior notice and opportunity for extension would require time and could
is actively preparing an FMP public comment are contrary to the potentially result in a harvest in excess
amendment to address the overfishing public interest because of the need to of the reduced ACLs implemented by
on a permanent basis. NMFS published continue these interim measures this temporary rule extension,
a proposed temporary rule on October without interruption to protect the increasing the likelihood of future
30, 2017, and requested public golden tilefish stock until the Council overfishing and more restrictive
comments on these interim measures and NMFS can prepare and possibly measures to address it.
(82 FR 50101). NMFS responded to implement management measures under Accordingly, the 30-day delay in
public comments in the final temporary Regulatory Amendment 28 to end effectiveness of the measures contained
rule published on January 2, 2018 (83 overfishing of golden tilefish on a in this temporary rule extension is
FR 65). permanent basis. Prior notice and waived.
opportunity for public comment would
Classification Authority: 16 U.S.C. 1801 et seq.
require time and could result in an
The Regional Administrator for the interruption of the interim measures Dated: June 14, 2018.
NMFS Southeast Region has determined and, therefore, allow harvest in excess Samuel D. Rauch, III,
that the interim measures extended of ACLs and quotas implemented by Deputy Assistant Administrator for
through this temporary rule are this temporary rule extension, which Regulatory Programs, National Marine
necessary for the conservation and would contribute to overfishing of Fisheries Service.
management of the South Atlantic golden tilefish. Allowing overfishing of [FR Doc. 2018–13120 Filed 6–18–18; 8:45 am]
golden tilefish stock, until long-term golden tilefish to continue would be BILLING CODE 3510–22–P
measures are implemented, and are contrary to National Standard 1 of the
consistent with the FMP, the Magnuson- Magnuson-Stevens Act. National
Stevens Act and other applicable laws. Standard 1 requires NMFS to conserve DEPARTMENT OF COMMERCE
This temporary rule extension has and manage ocean resources to prevent
been determined to be not significant for overfishing, while achieving the National Oceanic and Atmospheric
purposes of Executive Order 12866. optimum yield from each fishery. Administration
This temporary rule extension is The AA also finds good cause to
exempt from the procedures of the RFA, waive the 30-day delay in this 50 CFR Part 648
because the rule is issued without the temporary rule extension’s [Docket No. 180202111–8353–02]
opportunity for prior notice and public effectiveness, pursuant to the authority
comment. set forth in 5 U.S.C. 553(d)(3) as such RIN 0648–XG267
NMFS prepared an EA for the interim procedure for this temporary rule
measures contained in the January 2, Fisheries of the Northeastern United
extension is impracticable and contrary
2018, final temporary rule (83 FR 65). States; Atlantic Sea Scallop Fishery;
to the public interest. A delay in
The EA analyzed the impacts of reduced effectiveness is impracticable, because it Closure of the Closed Area I Scallop
harvest through the 2018 fishing year, would contribute to overfishing of Access Area to General Category
which includes the impacts related to golden tilefish, which is contrary to Individual Fishing Quota Scallop
extending the interim measures. National Standard 1 of the Magnuson- Vessels
Therefore, the impacts of extending the Stevens Act as stated previously. AGENCY: National Marine Fisheries
interim measures through this Without this temporary rule extension Service (NMFS), National Oceanic and
temporary rule have already been becoming effective immediately after Atmospheric Administration (NOAA),
considered. Electronic copies of the EA the duration of and without interruption Commerce.
are available from NMFS (see from the final temporary rule, which ACTION: Temporary rule; closure.
ADDRESSES). would end after July 1, 2018, the
This temporary rule extension commercial and recreational sectors SUMMARY: NMFS announces that the
responds to the best scientific would be able to harvest golden tilefish Closed Area I Scallop Access Area is
information available. The Assistant closed to Limited Access General
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under higher ACLs and quotas than
Administrator for NOAA Fisheries (AA) those implemented by the final Category Individual Fishing Quota
finds that the need to immediately temporary rule and continued through scallop vessels for the remainder of the
implement this action constitutes good this temporary rule extension. These 2018 fishing year. No vessel issued a
cause to waive the requirements to harvests could result in further Limited Access General Category
provide prior notice and opportunity for overfishing of golden tilefish, contrary Individual Fishing Quota permit may
public comment, pursuant to the to NMFS’ statutory obligations. By fish for, possess, or land scallops from
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![Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28389
the Closed Area I Scallop Access Area. Scallop Access Area to all LAGC IFQ appear. As a result, NMFS can only
Regulations require this action once it is scallop vessels as of June 18, 2018. No make an accurate projection very close
projected that 100 percent of trips vessel issued an LAGC IFQ permit may in time to when the fleet has taken all
allocated to the Limited Access General fish for, possess, or land scallops in or of its trips. In order to propose a closure
Category Individual Fishing Quota from the Closed Area I Scallop Access for purposes of receiving prior public
scallop vessels for the Closed Area I Area after 0001 local time, June 18, comment, NMFS would need to make a
Scallop Access Area will be taken. 2018. Any LAGC IFQ vessel that has projection based on very little
DATES: Effective 0001 hr local time, June declared into the Closed Area I Access information, which would result in a
18, 2018, through March 31, 2019. Area scallop fishery, complied with all closure too early or too late. To allow
FOR FURTHER INFORMATION CONTACT:
trip notification and observer LAGC IFQ scallop vessels to continue to
Shannah Jaburek, Fishery Management requirements, and crossed the vessel take trips in the Closed Area I Scallop
monitor system (VMS) demarcation line Access Area during the period necessary
Specialist, (978) 282–8456.
on the way to the area before 0001, June to publish and receive comments on a
SUPPLEMENTARY INFORMATION: 18, 2018, may complete its trip without
Regulations governing fishing activity in proposed rule would likely result in the
being subject to this closure. This vessels taking much more than the
the Sea Scallop Access Areas can be closure is in effect for the remainder of
found in 50 CFR 648.59 and 648.60. allowed number of trips in the Closed
the 2018 scallop fishing year, through Area I Scallop Access Area. Excessive
These regulations authorize vessels March 31, 2019.
issued a valid Limited Access General trips and harvest from the Closed Area
Category (LAGC) Individual Fishing Classification I Scallop Access Area would result in
Quota (IFQ) scallop permit to fish in the This action is required by 50 CFR part excessive fishing effort in the area,
Closed Area I Scallop Access Area 648 and is exempt from review under where effort controls are critical,
under specific conditions, including a Executive Order 12866. NMFS finds thereby undermining conservation
total of 571 trips that may be taken good cause pursuant to 5 U.S.C. objectives of the Atlantic Sea Scallop
during the 2018 fishing year. Section 553(b)(B) to waive prior notice and the Fishery Management Plan and requiring
648.59(g)(3)(iii) requires the Closed Area opportunity for public comment more restrictive future management
I Scallop Access Area to be closed to because it would be contrary to the measures. Also, the public had prior
LAGC IFQ permitted vessels for the public interest and impracticable. The notice and full opportunity to comment
remainder of the fishing year once the Closed Area I Scallop Access Area on this closure process when it was
NMFS Greater Atlantic Regional opened for the 2018 fishing year on enacted For these same reasons, NMFS
Administrator determines that the April 19, 2018. The regulations at further finds, pursuant to 5 U.S.C
allowed number of trips for fishing year § 648.59(g)(3)(iii) require this closure to 553(d)(3), good cause to waive the 30-
2018 are projected to be taken. ensure that LAGC IFQ scallop vessels do day delayed effectiveness period.
Based on trip declarations by LAGC not take more than their allocated Authority: 16 U.S.C. 1801 et seq.
IFQ scallop vessels fishing in the Closed number of trips in the Closed Area I
Dated: June 14, 2018.
Area I Scallop Access Area, analysis of Scallop Access Area. The projected date
fishing effort, and other information, on which the LAGC IFQ fleet will have Jennifer M. Wallace,
NMFS projects that 571 trips will be taken all of its allocated trips in an Acting Director, Office of Sustainable
taken as of June 18, 2018. Therefore, in Access Area becomes apparent only as Fisheries, National Marine Fisheries Service.
accordance with § 648.59(g)(3)(iii), trips into the area occur on a real-time [FR Doc. 2018–13132 Filed 6–15–18; 8:45 am]
NMFS is closing the Closed Area I basis and as activity trends begin to BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-07-02 11:21:46
Document Modified: 2018-07-02 11:21:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 0001 hr local time, June 18, 2018, through March 31, 2019. | |
| Contact | Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. | |
| FR Citation | 83 FR 28388 | |
| RIN Number | 0648-XG26 |
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