83 FR 37472 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Monkfish Research Set-Aside Exempted Fishing Permit Adjustment
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 148 (August 1, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37472-37473 | |
| FR Document | 2018-16437 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Notices] [Pages 37472-37473] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16437] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG354 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Monkfish Research Set-Aside Exempted Fishing Permit Adjustment AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Acting Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an adjustment to increase the total weight of monkfish allowed to be harvested under the two existing exempted fishing permits issued for the 2017 monkfish research set-aside program warrants further consideration. This notice provides interested parties the opportunity to comment on the proposed change to these exempted fishing permits. DATES: Comments must be received on or before August 16, 2018. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``Comments on 2017 Monkfish RSA DAS Pound Increase.'' Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 2017 Monkfish RSA DAS Pound Increase.'' FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, 978-281-9180, [email protected]. SUPPLEMENTARY INFORMATION: Exempted Fishing Permits (EFP) that waive monkfish landing limits for designated Research Set-Aside (RSA) days- at-sea (DAS) have been routinely issued since 2007 to increase operational efficiency and to optimize research funds generated under the Monkfish RSA Program. Amendment 2 to the Monkfish Fishery Management Plan (FMP) (70 FR 21929; April 28, 2005) specifies that 500 RSA DAS are set aside each year to support approved monkfish research projects. Award recipients receive an allocation of those 500 RSA DAS, and their EFP limits the maximum weight of monkfish that may be landed under their allocated RSA DAS. Projects are constrained to the total DAS, maximum landing weight, or EFP expiration date, whichever is reached first. Since the origination of the RSA program in 2007, no project has reached the total DAS or maximum landing weight. Allowing vessels an exemption from monkfish landing limits provides an incentive for vessel owners to participate in the Monkfish RSA Program. Constraining each project to a maximum harvest limit ensures that the overall Monkfish RSA catch will be consistent with DAS effort and total mortality controls established for the fishery as a whole. To calculate the maximum weight allocation for each year's 500 RSA DAS, we assign each RSA DAS to be equal to twice the limit for a Permit Category A or C monkfish vessel fishing in the Southern Fishery Management Area (i.e., the highest permissible landing limit within the fishery). This means that annually, a maximum weight of 500 times this calculated RSA DAS pound value may be harvested under the Monkfish RSA program, and each project is limited to this assigned weight value multiplied by their allocated number of RSA DAS. On April 28, 2017, we issued RSA compensation fishing EFPs to the Cornell Cooperative Extension (Cornell) and the University of Massachusetts School for Marine Science and Technology (SMAST) for their 2017 Monkfish RSA projects. At the time, the associated monkfish landing weight for each 2017 RSA DAS was 3,552 lb (1,611 kg). Cornell was allocated 300 DAS for a maximum weight limit of 1,065,600 lb (483,348 kg) to fund their research. SMAST was allocated the remaining 200 DAS, allowing 710,400 lb (322,232 kg) to be caught for their project. However, on July 12, 2017, Framework Adjustment 10 to the Monkfish FMP (82 FR 32145) increased the industry's DAS allocation and trip limits across the whole monkfish fishery. As a part of the Framework 10 changes, the possession limit for Category A and C vessels in the Southern Area increased from 1,776 lb (806 kg) to 2,037 lb (924 kg). On June 8 and July 12, 2018, we received requests from Cornell and [[Page 37473]] SMAST, to increase assigned pound value of the 2017 RSA DAS from 3,552 lb (1,611 kg) to 4,074 lb (1,848 kg), commensurate with the Framework 10 possession limit increase already implemented in the fishery. The adjusted total weight limit of each project under this higher DAS valuation would be 1,222,200 lb (554,381 kg) for Cornell and 814,800 lb (369,587 kg) for SMAST. Investigators from Cornell and SMAST have stated there is less incentive for industry to buy RSA DAS now that the possession limits in the fishery have increased through the Framework 10 measures. The requested weight adjustment to RSA DAS would help maintain the relative value of the Monkfish RSA Program, and potentially attract and maintain participants from the fishing industry. The revised EFPs would not alter the previously approved exemptions, and all participating vessels and allocated RSA DAS would remain the same. The only revision would be the maximum total weight that may be landed under each project. This adjustment would be consistent with changes implemented in the monkfish fishery under Framework 10, and the minimal additional effort that may occur within the RSA program is negligible and within the scope of the analysis originally conducted. The proposed adjustment does not change any of the determinations made during the review and approval of the original 2017 Monkfish RSA EFPs. These EFPs are scheduled to expire April 30, 2019. Because the RSA program is a unique entitlement within the monkfish fishery, we are soliciting public input on the increase in per RSA DAS weight requested by the participating research institutions. Authority: 16 U.S.C. 1801 et seq. Dated: July 27, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-16437 Filed 7-31-18; 8:45 am] BILLING CODE 3510-22-P
![37472 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices
initiation. No other parties requested an Dated: July 27, 2018. 2007 to increase operational efficiency
administrative review of the James Maeder, and to optimize research funds
antidumping duty order on PSF from Associate Deputy Assistant Secretary for generated under the Monkfish RSA
Korea. Therefore, in response to the Antidumping and Countervailing Duty Program. Amendment 2 to the Monkfish
timely withdrawal of requests for review Operations performing the duties of Deputy Fishery Management Plan (FMP) (70 FR
Assistant Secretary for Antidumping and 21929; April 28, 2005) specifies that 500
and, in accordance with 19 CFR
Countervailing Duty Operations. RSA DAS are set aside each year to
351.213(d)(l), Commerce is rescinding
this review.
[FR Doc. 2018–16448 Filed 7–31–18; 8:45 am] support approved monkfish research
BILLING CODE 3510–DS–P projects. Award recipients receive an
Assessment allocation of those 500 RSA DAS, and
their EFP limits the maximum weight of
Commerce will instruct U.S. Customs DEPARTMENT OF COMMERCE monkfish that may be landed under
and Border Protection (CBP) to assess their allocated RSA DAS. Projects are
antidumping duties on all appropriate National Oceanic and Atmospheric constrained to the total DAS, maximum
entries of PSF from Korea during the Administration landing weight, or EFP expiration date,
POR. Antidumping duties shall be RIN 0648–XG354 whichever is reached first. Since the
assessed at rates equal to the cash origination of the RSA program in 2007,
deposit of estimated antidumping duties Magnuson-Stevens Act Provisions; no project has reached the total DAS or
required at the time of entry, or General Provisions for Domestic maximum landing weight.
withdrawal from warehouse, for Fisheries; Monkfish Research Set- Allowing vessels an exemption from
consumption in accordance with 19 Aside Exempted Fishing Permit monkfish landing limits provides an
CFR 351.212(c)(l)(i). Commerce intends Adjustment incentive for vessel owners to
to issue appropriate assessment participate in the Monkfish RSA
AGENCY: National Marine Fisheries Program. Constraining each project to a
instructions to CBP 15 days after Service (NMFS), National Oceanic and
publication of this notice in the Federal maximum harvest limit ensures that the
Atmospheric Administration (NOAA), overall Monkfish RSA catch will be
Register. Commerce. consistent with DAS effort and total
Notification to Importers ACTION: Notice; request for comments. mortality controls established for the
fishery as a whole. To calculate the
This notice serves as a final reminder SUMMARY: The Acting Assistant Regional maximum weight allocation for each
to importers of their responsibility Administrator for Sustainable Fisheries, year’s 500 RSA DAS, we assign each
under 19 CFR 351.402(f)(2) to file a Greater Atlantic Region, NMFS, has RSA DAS to be equal to twice the limit
certificate regarding the reimbursement made a preliminary determination that for a Permit Category A or C monkfish
of antidumping duties prior to an adjustment to increase the total vessel fishing in the Southern Fishery
liquidation of the relevant entries weight of monkfish allowed to be Management Area (i.e., the highest
during this review period. Failure to harvested under the two existing permissible landing limit within the
exempted fishing permits issued for the fishery). This means that annually, a
comply with this requirement could
2017 monkfish research set-aside maximum weight of 500 times this
result in the presumption that
program warrants further consideration. calculated RSA DAS pound value may
reimbursement of antidumping duties
This notice provides interested parties be harvested under the Monkfish RSA
occurred and the subsequent assessment the opportunity to comment on the
of double antidumping duties. program, and each project is limited to
proposed change to these exempted this assigned weight value multiplied by
Notification Regarding Administrative fishing permits. their allocated number of RSA DAS.
Protective Orders DATES: Comments must be received on On April 28, 2017, we issued RSA
or before August 16, 2018. compensation fishing EFPs to the
This notice also serves as a final ADDRESSES: You may submit written Cornell Cooperative Extension (Cornell)
reminder to parties subject to comments by any of the following and the University of Massachusetts
administrative protective order (APO) of methods: School for Marine Science and
their responsibility concerning the • Email: NMFS.GAR.EFP@noaa.gov. Technology (SMAST) for their 2017
return or destruction of proprietary Include in the subject line ‘‘Comments Monkfish RSA projects. At the time, the
information disclosed under an APO in on 2017 Monkfish RSA DAS Pound associated monkfish landing weight for
accordance with 19 CFR 351.305(a)(3), Increase.’’ each 2017 RSA DAS was 3,552 lb (1,611
which continues to govern the business • Mail: Michael Pentony, Regional kg). Cornell was allocated 300 DAS for
proprietary information in this segment Administrator, NMFS, Greater Atlantic a maximum weight limit of 1,065,600 lb
of the proceeding. Timely written Regional Office, 55 Great Republic (483,348 kg) to fund their research.
notification of the return or destruction Drive, Gloucester, MA 01930. Mark the SMAST was allocated the remaining
of APO materials or conversion to outside of the envelope ‘‘Comments on 200 DAS, allowing 710,400 lb (322,232
judicial protective order is hereby 2017 Monkfish RSA DAS Pound kg) to be caught for their project.
Increase.’’ However, on July 12, 2017, Framework
requested. Failure to comply with the
Adjustment 10 to the Monkfish FMP (82
regulations and terms of an APO is a FOR FURTHER INFORMATION CONTACT: FR 32145) increased the industry’s DAS
sanctionable violation. Cynthia Hanson, Fishery Management
sradovich on DSK3GMQ082PROD with NOTICES
allocation and trip limits across the
This notice is issued and published in Specialist, 978–281–9180, whole monkfish fishery. As a part of the
accordance with sections 751(a)(1) and Cynthia.Hanson@noaa.gov. Framework 10 changes, the possession
777(i)(1) of the Act, and 19 CFR SUPPLEMENTARY INFORMATION: Exempted limit for Category A and C vessels in the
351.213(d)(4). Fishing Permits (EFP) that waive Southern Area increased from 1,776 lb
monkfish landing limits for designated (806 kg) to 2,037 lb (924 kg).
Research Set-Aside (RSA) days-at-sea On June 8 and July 12, 2018, we
(DAS) have been routinely issued since received requests from Cornell and
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![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37473
SMAST, to increase assigned pound Atmospheric Administration (NOAA), The MMPA states that the term ‘‘take’’
value of the 2017 RSA DAS from 3,552 Commerce. means to harass, hunt, capture, kill or
lb (1,611 kg) to 4,074 lb (1,848 kg), ACTION: Notice; Issuance of an Incidental attempt to harass, hunt, capture, or kill
commensurate with the Framework 10 Harassment Authorization. any marine mammal.
possession limit increase already Except with respect to certain
implemented in the fishery. The SUMMARY: In accordance with the activities not pertinent here, the MMPA
adjusted total weight limit of each regulations implementing the Marine defines ‘‘harassment’’ as any act of
project under this higher DAS valuation Mammal Protection Act (MMPA) as pursuit, torment, or annoyance which (i)
would be 1,222,200 lb (554,381 kg) for amended, notification is hereby given has the potential to injure a marine
Cornell and 814,800 lb (369,587 kg) for that NMFS has issued an incidental mammal or marine mammal stock in the
SMAST. Investigators from Cornell and harassment authorization (IHA) to the wild (Level A harassment); or (ii) has
SMAST have stated there is less Ketchikan Dock Company (KDC) to the potential to disturb a marine
incentive for industry to buy RSA DAS incidentally harass, by Level A and B mammal or marine mammal stock in the
now that the possession limits in the harassment, marine mammals during wild by causing disruption of behavioral
fishery have increased through the construction activities associated with patterns, including, but not limited to,
Framework 10 measures. The requested the Ketchikan Berth IV Expansion migration, breathing, nursing, breeding,
weight adjustment to RSA DAS would project in Ketchikan, AK.
feeding, or sheltering (Level B
help maintain the relative value of the DATES: This Authorization is applicable harassment).
Monkfish RSA Program, and potentially from October 1, 2018 through August
attract and maintain participants from 31, 2019. Summary of Request
the fishing industry. FOR FURTHER INFORMATION CONTACT: On February 13, 2018, NMFS received
The revised EFPs would not alter the Jonathan Molineaux, Office of Protected a request from the KDC for an IHA to
previously approved exemptions, and Resources, NMFS, (301) 427–8401. take marine mammals incidental to
all participating vessels and allocated Electronic copies of the application and construction activities associated with
RSA DAS would remain the same. The supporting documents, as well as a list the Ketchikan Berth IV Expansion
only revision would be the maximum of the references cited in this document, Project. The IHA application was
total weight that may be landed under may be obtained online at: https:// determined adequate and complete on
each project. This adjustment would be www.fisheries.noaa.gov/national/ March 28, 2018. The KDC’s request is
consistent with changes implemented in marine-mammal-protection/incidental- for take of eight species of marine
the monkfish fishery under Framework take-authorizations-construction- mammals by Level B harassment and
10, and the minimal additional effort activities. In case of problems accessing Level A harassment of a small number
that may occur within the RSA program these documents, please call the contact of harbor porpoises and harbor seals.
is negligible and within the scope of the listed above. Neither the KDC nor NMFS expect
analysis originally conducted. The SUPPLEMENTARY INFORMATION: serious injury or mortality to result from
proposed adjustment does not change Background this activity and, therefore, an IHA is
any of the determinations made during appropriate.
the review and approval of the original Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct Description of Activity
2017 Monkfish RSA EFPs. These EFPs
are scheduled to expire April 30, 2019. the Secretary of Commerce (as delegated The KDC will expand Berth IV, its
Because the RSA program is a unique to NMFS) to allow, upon request, the dock adjacent to downtown Ketchikan,
entitlement within the monkfish fishery, incidental, but not intentional, taking of Alaska, located in East Tongass
we are soliciting public input on the small numbers of marine mammals by Narrows, in order to accommodate a
increase in per RSA DAS weight U.S. citizens who engage in a specified
new fleet of large cruise ships that are
requested by the participating research activity (other than commercial fishing)
expected to reach Alaska in the summer
within a specified geographical region if
institutions. of 2019.
certain findings are made and either
Authority: 16 U.S.C. 1801 et seq. regulations are issued or, if the taking is The expansion will include the
limited to harassment, a notice of a removal of some existing piles and
Dated: July 27, 2018.
proposed authorization is provided to structures and the installation of new
Jennifer M. Wallace, piles and structures. All pile driving
Acting Director, Office of Sustainable the public for review.
An authorization for incidental and removal will take place at the
Fisheries, National Marine Fisheries Service. existing dock facility and is expected to
[FR Doc. 2018–16437 Filed 7–31–18; 8:45 am]
takings shall be granted if NMFS finds
that the taking will have a negligible occur over the course of 29 days (not
BILLING CODE 3510–22–P
impact on the species or stock(s), will necessarily consecutive). The project
not have an unmitigable adverse impact will occur in marine waters that support
on the availability of the species or several marine mammal species. The
DEPARTMENT OF COMMERCE pile driving, pile removal, and drilling
stock(s) for subsistence uses (where
National Oceanic and Atmospheric relevant), and if the permissible activities associated with the project
Administration methods of taking and requirements may result in behavioral harassment
pertaining to the mitigation, monitoring (Level B harassment and small numbers
and reporting of such takings are set of Level A harassment) of marine
RIN 0648–XG106 mammal species.
sradovich on DSK3GMQ082PROD with NOTICES
forth.
Takes of Marine Mammals Incidental to NMFS has defined ‘‘negligible The purpose of this project is to
Specified Activities; Taking Marine impact’’ in 50 CFR 216.103 as an impact reconfigure Berth IV so that it can
Mammals Incidental to the Ketchikan resulting from the specified activity that accommodate larger cruise ships. This
Berth IV Expansion Project cannot be reasonably expected to, and is project is needed because the existing
not reasonably likely to, adversely affect Berth IV cannot support the modern
AGENCY: National Marine Fisheries the species or stock through effects on fleet of larger cruise ships. Once the
Service (NMFS), National Oceanic and annual rates of recruitment or survival. project is constructed Berth IV will be
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Document Created: 2018-08-01 01:23:06
Document Modified: 2018-08-01 01:23:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before August 16, 2018. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, 978-281-9180, [email protected] | |
| FR Citation | 83 FR 37472 | |
| RIN Number | 0648-XG35 |
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