83_FR_50252 83 FR 50059 - Fisheries of the Northeastern United States; Framework Adjustment 12 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

83 FR 50059 - Fisheries of the Northeastern United States; Framework Adjustment 12 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50059-50061
FR Document2018-21616

NMFS proposes to approve and implement measures included in Framework Adjustment 12 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan that would allow the possession of Atlantic mackerel after 100 percent of the domestic annual harvest is projected to be caught. This action proposes to allow the possession of 5,000 lb of Atlantic mackerel after 100 percent of the domestic annual harvest is caught instead of prohibiting the possession of Atlantic mackerel for the rest of the year. This action is necessary to prevent unintended consequences and negative economic impacts to other fisheries. The intended effect of this rule is to notify the public of this proposed measure and to solicit comment on the proposed change.

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50059-50061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21616]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180807736-8736-01]
RIN 0648-BI41


Fisheries of the Northeastern United States; Framework Adjustment 
12 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management 
Plan

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to approve and implement measures included in 
Framework Adjustment 12 to the Atlantic Mackerel, Squid, and Butterfish 
Fishery Management Plan that would allow the possession of Atlantic 
mackerel after 100 percent of the domestic annual harvest is projected 
to be caught. This action proposes to allow the possession of 5,000 lb 
of Atlantic mackerel after 100 percent of the domestic annual harvest 
is caught instead of prohibiting the possession of Atlantic mackerel 
for the rest of the year. This action is necessary to prevent 
unintended consequences and negative economic impacts to other 
fisheries. The intended effect of this rule is to notify the public of 
this proposed measure and to solicit comment on the proposed change.

DATES: Public comments must be received by October 19, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0099, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0099, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Michael Pentony, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
Mackerel Framework 12.''
    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 formats only.
    The Mid-Atlantic Fishery Management Council prepared a draft 
supplemental environmental assessment for the Framework 12 that 
describes the proposed action and other alternatives considered and 
provides a thorough analysis of the impacts of the proposed action and 
alternatives considered. Copies of the Framework 12 including the draft 
SEA and the preliminary Regulatory Impact Review, analysis are 
available from: Christopher Moore, Executive Director, Mid-Atlantic 
Fishery Management Council, Suite 201, 800 State Street, Dover, DE 
19901. The SEA/RIR is accessible via the internet at http://www.greateratlantic.fisheries.noaa.gov/ or http://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management 
Specialist, (978) 281-9352, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    When the Atlantic mackerel fishery starts each year, the various 
mackerel permit categories start with different trip limits. Tier 1 
limited access permit holders have an unlimited trip limit, Tier 2 
limited access permit holders have a 135,000-lb (61,235-kg) trip limit, 
and Tier 3 limited access permit holders have a 100,000-lb (45,359-kg) 
trip limit. The open access incidental permit has a 20,000-lb (9,072-
kg) trip limit. When the fishery reaches 95 percent of the domestic 
annual harvest (DAH), all permits have 20,000-lb (9,072-kg) trip 
limits. When the fishery reaches 100 percent of the DAH, no mackerel 
possession is allowed by vessels with Federal mackerel permits.
    The mackerel fishery also operates under a river herring and shad 
(RH/S) catch cap, which closes the directed mackerel fishery and 
implements a 20,000-lb (9,072-kg) trip limit for all permits once the 
catch cap, currently 82 mt of RH/S, has been projected to be caught in 
the directed mackerel fishery. In 2018, the RH/S cap closed the 
mackerel fishery effective February 27, 2018 (83 FR 8635), at which 
point approximately 88 percent of the mackerel DAH had been harvested. 
Despite the early mackerel closure due to the RH/S cap, fishery 
participants, including small-scale mackerel jig fishermen and larger, 
directed herring fishermen, whose respective fisheries occur late in 
the year, raised concern to the Council that if mackerel catch reaches 
100 percent of its quota and possession goes to zero pounds, they will 
be negatively impacted. Projections indicate a full closure could occur 
upon reaching 100 percent of the DAH at some point in November or 
December of 2018, depending on the pace of mackerel landings.
    There is a management uncertainty buffer for the mackerel fishery, 
currently 10 percent of the commercial allocation that is primarily 
designed to account for the difficulty in closing a high volume 
fishery, such as mackerel. Where the RH/S cap has already effectively 
closed the high-volume part of the fishery, the buffer is unlikely to 
be utilized in its original intent this year. Projections from Council 
staff suggest that if the fishery does not go to a zero possession 
limit at 100 percent of the DAH but rather a 5,000-lb (2,268-kg) trip 
limit, then only an additional 384,000-lb (174,180-kg) would be landed, 
which is a small part (17 percent) of this year's management 
uncertainty buffer.
    The Atlantic mackerel stock was recently declared overfished, with 
overfishing occurring in 2016. The Council is preparing a rebuilding 
plan via a separate action that is on track to be effective in 2019. 
The projections from the assessment for that action indicate that the 
stock can be rebuilt in 3-, 5-, or 7-year timelines even if the full 
management uncertainty buffer is caught this year. The rebuilding plan 
projections assume that the full management uncertainty buffer will be 
caught in 2018.
    Under the proposed change to possession limits when the DAH is 
harvested, at its June 2018 meeting, the Council recommended to change 
the trip limit once 100 percent of the DAH is landed, from zero pounds 
to 5,000 lb (2,268 kg) through Framework 12. The New England Fishery 
Management Council also discussed the issue in June 2018 and expressed 
support for an action that would avoid the full

[[Page 50060]]

prohibition of mackerel possession due to impacts on the herring 
fishery. This action would allow a 5,000-lb (2,269-kg) possession limit 
after the DAH has been harvested. The Council has reviewed the proposed 
regulations in this rule as drafted by NMFS and deemed them to be 
necessary and appropriate as specified in section 303(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    This rule proposes a 15-day comment period to ensure final measures 
can be effective by early November to avoid adverse economic impacts on 
the commercial fishing industry. The Council discussed the development 
of this action in April and May, and made a final recommendation in 
June, 2018. Because the public had an opportunity to comment on this 
action at these meetings, an expedited comment period would allow this 
action to be effective without compromising public input and our goal 
of implementing this action by early November.

Proposed Measure

    The proposed measure would allow the possession of 5,000 lb (2,268 
kg) of Atlantic mackerel after 100 percent of the DAH has been 
projected to be harvested.
    Framework 12 proposes to allow the possession of Atlantic mackerel 
after 100 percent of the DAH is harvested for the remainder of fishing 
year 2018. Current regulations prohibit the possession of Atlantic 
mackerel after 100 percent of the DAH is harvested.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Framework Adjustment 12, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment. In making a final determination, 
NMFS will take into account the data, views, and comments received 
during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The purpose, context, and statutory basis for this action is described 
above and not repeated here.
    In determining the significance of the economic impacts of the 
proposed action, we considered the following two criteria outlined in 
applicable NMFS guidance: Disproportionality and profitability. The 
Regulatory Impact Review determined that the proposed measures would 
not place a substantial number of small entities at a significant 
competitive disadvantage to large entities. This measure would allow 
commerce to continue that would otherwise be stopped, and would benefit 
small business owners and commercial fishing entities. There are no 
distributional economic effects from this action, as proposed measures 
would maintain fishing opportunities for Atlantic mackerel and Atlantic 
herring if 100 percent of the DAH is harvested. The combined mackerel 
and herring fisheries are worth $50 million or less annually, and only 
a relatively small portion of the overall fishery may be affected by 
this action. The proposed measures would allow maintenance of, or a 
relatively small increase in, fishery landings/revenues. As such, the 
proposed measures should help maintain the sustainability of the 
mackerel and herring fisheries, and should positively rather than 
adversely affect the economy, a sector of the economy, productivity, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: October 1, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.14, revise paragraph (g)(2)(ii)(D) and remove and 
reserve paragraph (g)(2)(ii)(F).
    The revision reads as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (g)* * *
    (2)* * *
    (ii)* * *
    (D) Take and retain, possess, or land mackerel, squid, or 
butterfish in excess of the possession limits specified in Sec.  
648.26.
* * * * *
0
3. In Sec.  648.24, revise paragraph (b)(1)(i) to read as follows:


Sec.  648.24   Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (1)(i) Mackerel commercial sector EEZ closure. NMFS will close the 
commercial Atlantic mackerel fishery in the EEZ when the Regional 
Administrator projects that 95 percent of the Atlantic mackerel DAH is 
harvested if such a closure is necessary to prevent the DAH from being 
exceeded. The closure of the commercial fishery shall be in effect for 
the remainder of that fishing year, with incidental catches allowed as 
specified in Sec.  648.26. When the Regional Administrator projects 
that 100 percent of the Atlantic mackerel DAH will be landed, NMFS will 
reduce the possession of Atlantic mackerel in the EEZ for the remainder 
of the fishing year to the amount specified in Sec.  648.26(a)(2)(ii).
* * * * *
0
4. In Sec.  648.26, revise paragraphs (a)(1) introductory text and 
(a)(2) to read as follows:


Sec.  648.26   Mackerel, squid, and butterfish possession restrictions.

    (a) * * *
    (1) Initial possession limits. A vessel must be issued a valid 
limited access mackerel permit to fish for, possess, or land more than 
20,000 lb (9.08 mt) of Atlantic mackerel from or in the EEZ per trip, 
provided that the fishery has not been closed, as specified in Sec.  
648.24(b)(1).
* * * * *
    (2) Closure possession restrictions-- (i) Limited Access Fishery. 
During a closure of the commercial Atlantic mackerel fishery pursuant 
to Sec.  648.24(b)(1)(i), when 95 percent of the DAH is harvested, 
vessels issued a limited access Atlantic mackerel permit may not take 
and retain, possess, or land more than 20,000 lb (9.08 mt) of Atlantic 
mackerel per trip at any time, and may only land Atlantic mackerel once 
on any calendar day, which is defined as the 24-hr period beginning at 
0001 hours and ending at 2400 hours. Pursuant to Sec.  
648.24(b)(1)(ii), when 90 percent of the Tier 3 allocation is 
harvested, vessels issued a Tier 3 limited access Atlantic mackerel 
permit may not take and retain, possess, or land more than 20,000 lb 
(9.08 mt) of Atlantic mackerel per trip at any time, and may only land 
Atlantic mackerel

[[Page 50061]]

once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours.
    (ii) Entire commercial fishery. During a closure of the directed 
commercial Atlantic mackerel fishery pursuant to Sec.  648.24(b)(1)(i), 
when 100 percent of the DAH is harvested, vessels issued an open or 
limited access Atlantic mackerel permit may not take and retain, 
possess, or land more than 5,000 lb (2.26 mt) of Atlantic mackerel per 
trip at any time, and may only land Atlantic mackerel once on any 
calendar day, which is defined as the 24-hr period beginning at 0001 
hours and ending at 2400 hours.
* * * * *
[FR Doc. 2018-21616 Filed 10-3-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                       Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules                                            50059

                                                   Dated: October 1, 2018.                               Mark the outside of the envelope,                     catch cap, which closes the directed
                                                 Margo Schulze-Haugen,                                   ‘‘Comments on Mackerel Framework                      mackerel fishery and implements a
                                                 Acting Director, Office of Sustainable                  12.’’                                                 20,000-lb (9,072-kg) trip limit for all
                                                 Fisheries, National Marine Fisheries Service.              Instructions: Comments sent by any                 permits once the catch cap, currently 82
                                                 [FR Doc. 2018–21635 Filed 10–3–18; 8:45 am]             other method, to any other address or                 mt of RH/S, has been projected to be
                                                 BILLING CODE 3510–22–P                                  individual, or received after the end of              caught in the directed mackerel fishery.
                                                                                                         the comment period, may not be                        In 2018, the RH/S cap closed the
                                                                                                         considered by NMFS. All comments                      mackerel fishery effective February 27,
                                                 DEPARTMENT OF COMMERCE                                  received are a part of the public record              2018 (83 FR 8635), at which point
                                                                                                         and will generally be posted for public               approximately 88 percent of the
                                                 National Oceanic and Atmospheric                        viewing on www.regulations.gov                        mackerel DAH had been harvested.
                                                 Administration                                          without change. All personal identifying              Despite the early mackerel closure due
                                                                                                         information (e.g., name, address, etc.),              to the RH/S cap, fishery participants,
                                                 50 CFR Part 648                                         confidential business information, or                 including small-scale mackerel jig
                                                 [Docket No. 180807736–8736–01]                          otherwise sensitive information                       fishermen and larger, directed herring
                                                                                                         submitted voluntarily by the sender will              fishermen, whose respective fisheries
                                                 RIN 0648–BI41                                           be publicly accessible. NMFS will                     occur late in the year, raised concern to
                                                                                                         accept anonymous comments (enter                      the Council that if mackerel catch
                                                 Fisheries of the Northeastern United                                                                          reaches 100 percent of its quota and
                                                                                                         ‘‘N/A’’ in the required fields if you wish
                                                 States; Framework Adjustment 12 to                                                                            possession goes to zero pounds, they
                                                                                                         to remain anonymous). Attachments to
                                                 the Atlantic Mackerel, Squid, and                                                                             will be negatively impacted. Projections
                                                                                                         electronic comments will be accepted in
                                                 Butterfish Fishery Management Plan                                                                            indicate a full closure could occur upon
                                                                                                         Microsoft Word, Excel, or Adobe PDF
                                                 AGENCY:  National Marine Fisheries                      formats only.                                         reaching 100 percent of the DAH at
                                                 Service (NMFS), National Oceanic and                       The Mid-Atlantic Fishery                           some point in November or December of
                                                 Atmospheric Administration (NOAA),                      Management Council prepared a draft                   2018, depending on the pace of
                                                 Commerce.                                               supplemental environmental assessment                 mackerel landings.
                                                                                                         for the Framework 12 that describes the                  There is a management uncertainty
                                                 ACTION: Proposed rule; request for
                                                                                                         proposed action and other alternatives                buffer for the mackerel fishery, currently
                                                 comments.
                                                                                                         considered and provides a thorough                    10 percent of the commercial allocation
                                                 SUMMARY:    NMFS proposes to approve                    analysis of the impacts of the proposed               that is primarily designed to account for
                                                 and implement measures included in                      action and alternatives considered.                   the difficulty in closing a high volume
                                                 Framework Adjustment 12 to the                          Copies of the Framework 12 including                  fishery, such as mackerel. Where the
                                                 Atlantic Mackerel, Squid, and Butterfish                the draft SEA and the preliminary                     RH/S cap has already effectively closed
                                                 Fishery Management Plan that would                      Regulatory Impact Review, analysis are                the high-volume part of the fishery, the
                                                 allow the possession of Atlantic                        available from: Christopher Moore,                    buffer is unlikely to be utilized in its
                                                 mackerel after 100 percent of the                       Executive Director, Mid-Atlantic                      original intent this year. Projections
                                                 domestic annual harvest is projected to                 Fishery Management Council, Suite 201,                from Council staff suggest that if the
                                                 be caught. This action proposes to allow                800 State Street, Dover, DE 19901. The                fishery does not go to a zero possession
                                                 the possession of 5,000 lb of Atlantic                  SEA/RIR is accessible via the internet at             limit at 100 percent of the DAH but
                                                 mackerel after 100 percent of the                       http://www.greateratlantic.fisheries.                 rather a 5,000-lb (2,268-kg) trip limit,
                                                 domestic annual harvest is caught                       noaa.gov/ or http://www.mafmc.org.                    then only an additional 384,000-lb
                                                 instead of prohibiting the possession of                                                                      (174,180-kg) would be landed, which is
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      a small part (17 percent) of this year’s
                                                 Atlantic mackerel for the rest of the                   Alyson Pitts, Fishery Management
                                                 year. This action is necessary to prevent                                                                     management uncertainty buffer.
                                                                                                         Specialist, (978) 281–9352,                              The Atlantic mackerel stock was
                                                 unintended consequences and negative                    Alyson.Pitts@noaa.gov.
                                                 economic impacts to other fisheries. The                                                                      recently declared overfished, with
                                                                                                         SUPPLEMENTARY INFORMATION:                            overfishing occurring in 2016. The
                                                 intended effect of this rule is to notify
                                                                                                         Background                                            Council is preparing a rebuilding plan
                                                 the public of this proposed measure and
                                                                                                                                                               via a separate action that is on track to
                                                 to solicit comment on the proposed                         When the Atlantic mackerel fishery                 be effective in 2019. The projections
                                                 change.                                                 starts each year, the various mackerel                from the assessment for that action
                                                 DATES: Public comments must be                          permit categories start with different                indicate that the stock can be rebuilt in
                                                 received by October 19, 2018.                           trip limits. Tier 1 limited access permit             3-, 5-, or 7-year timelines even if the full
                                                 ADDRESSES: You may submit comments                      holders have an unlimited trip limit,                 management uncertainty buffer is
                                                 on this document, identified by NOAA–                   Tier 2 limited access permit holders                  caught this year. The rebuilding plan
                                                 NMFS–2018–0099, by any of the                           have a 135,000-lb (61,235-kg) trip limit,             projections assume that the full
                                                 following methods:                                      and Tier 3 limited access permit holders              management uncertainty buffer will be
                                                    • Electronic Submission: Submit all                  have a 100,000-lb (45,359-kg) trip limit.             caught in 2018.
                                                 electronic public comments via the                      The open access incidental permit has                    Under the proposed change to
                                                 Federal e-Rulemaking Portal. Go to                      a 20,000-lb (9,072-kg) trip limit. When               possession limits when the DAH is
                                                 www.regulations.gov/                                    the fishery reaches 95 percent of the                 harvested, at its June 2018 meeting, the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 #!docketDetail;D=NOAA-NMFS-2018-                        domestic annual harvest (DAH), all                    Council recommended to change the
                                                 0099, click the ‘‘Comment Now!’’ icon,                  permits have 20,000-lb (9,072-kg) trip                trip limit once 100 percent of the DAH
                                                 complete the required fields, and enter                 limits. When the fishery reaches 100                  is landed, from zero pounds to 5,000 lb
                                                 or attach your comments.                                percent of the DAH, no mackerel                       (2,268 kg) through Framework 12. The
                                                    • Mail: Michael Pentony, Regional                    possession is allowed by vessels with                 New England Fishery Management
                                                 Administrator, NMFS, Greater Atlantic                   Federal mackerel permits.                             Council also discussed the issue in June
                                                 Regional Fisheries Office, 55 Great                        The mackerel fishery also operates                 2018 and expressed support for an
                                                 Republic Drive, Gloucester, MA 01930.                   under a river herring and shad (RH/S)                 action that would avoid the full


                                            VerDate Sep<11>2014   16:40 Oct 03, 2018   Jkt 247001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\04OCP1.SGM   04OCP1


                                                 50060                 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules

                                                 prohibition of mackerel possession due                     In determining the significance of the             of the possession limits specified in
                                                 to impacts on the herring fishery. This                 economic impacts of the proposed                      § 648.26.
                                                 action would allow a 5,000-lb (2,269-kg)                action, we considered the following two               *     *      *     *     *
                                                 possession limit after the DAH has been                 criteria outlined in applicable NMFS                  ■ 3. In § 648.24, revise paragraph
                                                 harvested. The Council has reviewed                     guidance: Disproportionality and                      (b)(1)(i) to read as follows:
                                                 the proposed regulations in this rule as                profitability. The Regulatory Impact
                                                 drafted by NMFS and deemed them to                      Review determined that the proposed                   § 648.24 Fishery closures and
                                                                                                                                                               accountability measures.
                                                 be necessary and appropriate as                         measures would not place a substantial
                                                 specified in section 303(c) of the                      number of small entities at a significant             *     *     *      *    *
                                                 Magnuson-Stevens Fishery                                competitive disadvantage to large                       (b) * * *
                                                 Conservation and Management Act                         entities. This measure would allow                      (1)(i) Mackerel commercial sector EEZ
                                                 (Magnuson-Stevens Act).                                 commerce to continue that would                       closure. NMFS will close the
                                                                                                         otherwise be stopped, and would                       commercial Atlantic mackerel fishery in
                                                    This rule proposes a 15-day comment
                                                                                                                                                               the EEZ when the Regional
                                                 period to ensure final measures can be                  benefit small business owners and
                                                                                                                                                               Administrator projects that 95 percent
                                                 effective by early November to avoid                    commercial fishing entities. There are
                                                                                                                                                               of the Atlantic mackerel DAH is
                                                 adverse economic impacts on the                         no distributional economic effects from
                                                                                                                                                               harvested if such a closure is necessary
                                                 commercial fishing industry. The                        this action, as proposed measures would
                                                                                                                                                               to prevent the DAH from being
                                                 Council discussed the development of                    maintain fishing opportunities for
                                                                                                                                                               exceeded. The closure of the
                                                 this action in April and May, and made                  Atlantic mackerel and Atlantic herring
                                                                                                                                                               commercial fishery shall be in effect for
                                                 a final recommendation in June, 2018.                   if 100 percent of the DAH is harvested.
                                                                                                                                                               the remainder of that fishing year, with
                                                 Because the public had an opportunity                   The combined mackerel and herring
                                                                                                                                                               incidental catches allowed as specified
                                                 to comment on this action at these                      fisheries are worth $50 million or less
                                                                                                                                                               in § 648.26. When the Regional
                                                 meetings, an expedited comment period                   annually, and only a relatively small
                                                                                                                                                               Administrator projects that 100 percent
                                                 would allow this action to be effective                 portion of the overall fishery may be
                                                                                                                                                               of the Atlantic mackerel DAH will be
                                                 without compromising public input and                   affected by this action. The proposed
                                                                                                                                                               landed, NMFS will reduce the
                                                 our goal of implementing this action by                 measures would allow maintenance of,
                                                                                                                                                               possession of Atlantic mackerel in the
                                                 early November.                                         or a relatively small increase in, fishery
                                                                                                                                                               EEZ for the remainder of the fishing
                                                                                                         landings/revenues. As such, the
                                                 Proposed Measure                                                                                              year to the amount specified in
                                                                                                         proposed measures should help
                                                                                                                                                               § 648.26(a)(2)(ii).
                                                   The proposed measure would allow                      maintain the sustainability of the
                                                 the possession of 5,000 lb (2,268 kg) of                mackerel and herring fisheries, and                   *     *     *      *    *
                                                                                                                                                               ■ 4. In § 648.26, revise paragraphs (a)(1)
                                                 Atlantic mackerel after 100 percent of                  should positively rather than adversely
                                                                                                         affect the economy, a sector of the                   introductory text and (a)(2) to read as
                                                 the DAH has been projected to be
                                                                                                         economy, productivity, jobs, the                      follows:
                                                 harvested.
                                                   Framework 12 proposes to allow the                    environment, public health or safety, or              § 648.26 Mackerel, squid, and butterfish
                                                 possession of Atlantic mackerel after                   State, local, or tribal governments or                possession restrictions.
                                                 100 percent of the DAH is harvested for                 communities.                                             (a) * * *
                                                 the remainder of fishing year 2018.                     List of Subjects in 50 CFR Part 648                      (1) Initial possession limits. A vessel
                                                 Current regulations prohibit the                                                                              must be issued a valid limited access
                                                 possession of Atlantic mackerel after                     Fisheries, Fishing, Recordkeeping and               mackerel permit to fish for, possess, or
                                                 100 percent of the DAH is harvested.                    reporting requirements.                               land more than 20,000 lb (9.08 mt) of
                                                                                                           Dated: October 1, 2018.                             Atlantic mackerel from or in the EEZ
                                                 Classification
                                                                                                         Samuel D. Rauch III,                                  per trip, provided that the fishery has
                                                    Pursuant to section 304(b)(1)(A) of the              Deputy Assistant Administrator for                    not been closed, as specified in
                                                 Magnuson-Stevens Act, the Assistant                     Regulatory Programs, National Marine                  § 648.24(b)(1).
                                                 Administrator has determined that this                  Fisheries Service.                                    *      *     *     *    *
                                                 proposed rule is consistent with the                      For the reasons set out in the                         (2) Closure possession restrictions—
                                                 Framework Adjustment 12, other                          preamble, 50 CFR part 648 is proposed                 (i) Limited Access Fishery. During a
                                                 provisions of the Magnuson-Stevens                      to be amended as follows:                             closure of the commercial Atlantic
                                                 Act, and other applicable law, subject to                                                                     mackerel fishery pursuant to
                                                 further consideration after public                      PART 648—FISHERIES OF THE                             § 648.24(b)(1)(i), when 95 percent of the
                                                 comment. In making a final                              NORTHEASTERN UNITED STATES                            DAH is harvested, vessels issued a
                                                 determination, NMFS will take into                                                                            limited access Atlantic mackerel permit
                                                 account the data, views, and comments                   ■ 1. The authority citation for part 648              may not take and retain, possess, or land
                                                 received during the comment period.                     continues to read as follows:                         more than 20,000 lb (9.08 mt) of
                                                    This proposed rule has been                              Authority: 16 U.S.C. 1801 et seq.                 Atlantic mackerel per trip at any time,
                                                 determined to be not significant for                                                                          and may only land Atlantic mackerel
                                                                                                         ■ 2. In § 648.14, revise paragraph
                                                 purposes of Executive Order 12866.                                                                            once on any calendar day, which is
                                                                                                         (g)(2)(ii)(D) and remove and reserve
                                                    The Chief Counsel for Regulation of                                                                        defined as the 24-hr period beginning at
                                                                                                         paragraph (g)(2)(ii)(F).
                                                 the Department of Commerce certified                       The revision reads as follows:                     0001 hours and ending at 2400 hours.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 to the Chief Counsel for Advocacy of the                                                                      Pursuant to § 648.24(b)(1)(ii), when 90
                                                 Small Business Administration that this                 § 648.14    Prohibitions.                             percent of the Tier 3 allocation is
                                                 proposed rule, if adopted, would not                    *    *     *    *     *                               harvested, vessels issued a Tier 3
                                                 have a significant economic impact on                    (g)* * *                                             limited access Atlantic mackerel permit
                                                 a substantial number of small entities.                  (2)* * *                                             may not take and retain, possess, or land
                                                 The purpose, context, and statutory                      (ii)* * *                                            more than 20,000 lb (9.08 mt) of
                                                 basis for this action is described above                 (D) Take and retain, possess, or land                Atlantic mackerel per trip at any time,
                                                 and not repeated here.                                  mackerel, squid, or butterfish in excess              and may only land Atlantic mackerel


                                            VerDate Sep<11>2014   16:40 Oct 03, 2018   Jkt 247001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\04OCP1.SGM   04OCP1


                                                                       Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules                                          50061

                                                 once on any calendar day, which is                      DATES:  Written comments regarding the                harvest consistent with the long-term
                                                 defined as the 24-hr period beginning at                issues in this ANPR must be received by               maintenance of the striped bass stock.
                                                 0001 hours and ending at 2400 hours.                    5 p.m., local time, on November 19,                   The latest stock assessment update
                                                    (ii) Entire commercial fishery. During               2018.                                                 completed in 2016 determined that the
                                                 a closure of the directed commercial                    ADDRESSES: You may submit comments                    Atlantic striped bass stock is not
                                                 Atlantic mackerel fishery pursuant to                                                                         overfished or experiencing overfishing.
                                                                                                         on this document, identified by NOAA–
                                                 § 648.24(b)(1)(i), when 100 percent of                                                                           NMFS promulgates regulations in
                                                                                                         NMFS–2018–0106, by any of the
                                                 the DAH is harvested, vessels issued an                                                                       Federal waters that are compatible with
                                                                                                         following methods:
                                                 open or limited access Atlantic                            • Electronic Submission: Submit all                the Commission’s ISFMP. The Atlantic
                                                 mackerel permit may not take and                        electronic public comments via the                    Striped Bass Conservation Act (Pub. L.
                                                 retain, possess, or land more than 5,000                Federal e-Rulemaking Portal. Go to                    100–589, 16 U.S.C. 5151, et seq.) sets
                                                 lb (2.26 mt) of Atlantic mackerel per trip              www.regulations.gov/#!docketDetail;                   forth the basis for Federal striped bass
                                                 at any time, and may only land Atlantic                                                                       regulatory authority. Under the act,
                                                                                                         D=NOAA-NMFS-2018-0106, click the
                                                 mackerel once on any calendar day,                                                                            Federal Atlantic striped bass regulations
                                                                                                         ‘‘Comment Now!’’ icon, complete the
                                                 which is defined as the 24-hr period                                                                          must comply with the following: (1) Be
                                                                                                         required fields, and enter or attach your
                                                 beginning at 0001 hours and ending at                                                                         consistent with the national standards
                                                                                                         comments.
                                                 2400 hours.                                                • Mail: Submit written comments to                 in Section 301 of the Magnuson-Stevens
                                                 *       *    *    *    *                                Kelly Denit, Division Chief, Office of                Fishery Conservation and Management
                                                 [FR Doc. 2018–21616 Filed 10–3–18; 8:45 am]                                                                   Act (Magnuson-Stevens Act) (16 U.S.C.
                                                                                                         Sustainable Fisheries, 1315 East-West
                                                 BILLING CODE 3510–22–P                                                                                        1851); (2) be compatible with the fishery
                                                                                                         Highway, SSMC3, Silver Spring, MD
                                                                                                                                                               management plan for managing Atlantic
                                                                                                         20910.
                                                                                                            • Fax: 301–713–1193; Attn: Kelly                   striped bass and each Federal
                                                 DEPARTMENT OF COMMERCE                                  Denit.                                                moratorium in effect on fishing for
                                                                                                            Instructions: Comments sent by any                 Atlantic striped bass within the coastal
                                                 National Oceanic and Atmospheric                                                                              waters of a coastal state; (3) ensure the
                                                 Administration                                          other method, to any other address or
                                                                                                         individual, or received after the end of              effectiveness of State regulations on
                                                                                                         the comment period, may not be                        fishing for Atlantic striped bass within
                                                 50 CFR Part 697                                                                                               the coastal waters of a coastal state; and
                                                                                                         considered by NMFS. All comments
                                                 [Docket No. 180709616–8616–01]                          received are a part of the public record              (4) be sufficient to assure the long-term
                                                                                                         and will generally be posted for public               conservation of Atlantic striped bass
                                                 RIN 0648–BI07                                                                                                 populations. Further, in developing the
                                                                                                         viewing on www.regulations.gov
                                                                                                                                                               regulations, the Secretary is to consult
                                                 Fisheries of the United States;                         without change. All personal identifying
                                                                                                                                                               with the Commission, the appropriate
                                                 Regulations for Striped Bass Fishing                    information (e.g., name, address, etc.),
                                                                                                                                                               Regional Fishery Management Councils
                                                 in the Block Island Transit Zone                        confidential business information, or
                                                                                                                                                               (Councils), and each affected Federal,
                                                                                                         otherwise sensitive information
                                                 AGENCY:  National Marine Fisheries                                                                            state, and local government entity.
                                                                                                         submitted voluntarily by the sender will                 Existing Federal regulations prohibit
                                                 Service (NMFS), National Oceanic and                    be publicly accessible. NMFS will
                                                 Atmospheric Administration (NOAA),                                                                            recreational and commercial fishing for
                                                                                                         accept anonymous comments (enter ‘‘N/                 Atlantic striped bass in the EEZ. The
                                                 Commerce.
                                                                                                         A’’ in the required fields if you wish to             regulations do, however, allow fishers to
                                                 ACTION: Advance notice of proposed                      remain anonymous).
                                                 rulemaking; request for comments.                                                                             transport Atlantic striped bass caught in
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      adjoining state fisheries while transiting
                                                 SUMMARY:    NMFS issues this advance                    Kelly Denit, Division Chief, Office of                the Block Island Transit Zone (Transit
                                                 notice of proposed rulemaking (ANPR)                    Sustainable Fisheries, National Marine                Zone; 50 CFR 697.7). The Transit Zone
                                                 to provide background information and                   Fisheries Service, 301–427–8517.                      is defined in NMFS regulations as the
                                                 make the public aware of a proposal to                  SUPPLEMENTARY INFORMATION:                            area of Federal waters within Block
                                                 remove the current prohibition on                                                                             Island Sound, located between areas
                                                 recreational Atlantic striped bass fishing              Background
                                                                                                                                                               south of Montauk Point, New York, and
                                                 in the Block Island Transit Zone                           Atlantic striped bass occur                        Point Judith, Rhode Island. The Transit
                                                 (Transit Zone) within the Federal                       predominately within 12 nautical miles                Zone area is unique because it is a small
                                                 exclusive economic zone (EEZ). The                      from shore, an area which includes both               area of Federal waters (Block Island
                                                 ANPR is in response to the 2018                         waters (0–3 miles from shore) under                   Sound) substantially bounded by state
                                                 Omnibus Appropriations Act which                        state jurisdiction, as well as portions of            waters (Long Island, New York on one
                                                 included the provision directing NOAA,                  the Exclusive Economic Zone (3–200                    side, Block Island, Rhode Island on
                                                 in consultation with the Atlantic States                miles from shore) under Federal                       another, and the mainland of
                                                 Marine Fisheries Commission, to                         jurisdiction. Management responsibility               Connecticut and Rhode Island on a third
                                                 consider lifting the ban on striped bass                for Atlantic striped bass resides                     side).
                                                 fishing in the Federal Block Island                     primarily with the coastal states, and                   NMFS is considering revising current
                                                 Transit Zone. NMFS communicated the                     interstate management occurs through                  regulations to authorize recreational
                                                 intent to issue this ANPR at the Atlantic               the Atlantic State Marine Fisheries                   fishing in the Block Island Transit Zone.
                                                 States Marine Fisheries Commission’s                    Commission’s (Commission) Interstate                  This would allow recreational
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 August 2018 public meeting. By this                     Fisheries Management Plan for the                     fishermen to harvest, retain, and
                                                 action, NMFS is soliciting public                       Atlantic Striped Bass (ISFMP), first                  transport striped bass within the Block
                                                 comment on options presented to                         adopted in 1981. In 1995, the                         Island Transit Zone. The ANPR is in
                                                 regulate fishing for striped bass in the                Commission declared the Atlantic                      response to the 2018 Omnibus
                                                 Transit Zone. In addition, comments on                  striped bass population fully restored                Appropriations Act (Pub. L. 115–141)
                                                 other options to improve management of                  and implemented Amendment 5 to the                    which included the provision directing
                                                 Atlantic striped bass in the Transit Zone               ISFMP to perpetuate the stock so as to                ‘‘NOAA, in consultation with the
                                                 are welcomed and encouraged.                            allow a commercial and recreational                   Atlantic States Marine Fisheries


                                            VerDate Sep<11>2014   16:40 Oct 03, 2018   Jkt 247001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\04OCP1.SGM   04OCP1



Document Created: 2018-10-04 02:02:21
Document Modified: 2018-10-04 02:02:21
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
ActionProposed rule; request for comments.
DatesPublic comments must be received by October 19, 2018.
ContactAlyson Pitts, Fishery Management Specialist, (978) 281-9352, [email protected]
FR Citation83 FR 50059 
RIN Number0648-BI41
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR