Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan, 16595-16596 [2011-7025]
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Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Proposed Rules
Dated: March 16, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011–6975 Filed 3–23–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
RIN 0648–XV30
Endangered and Threatened Species;
Extension of Public Comment Period
on Proposed Range Extension for
Coho Salmon South of San Francisco
Bay
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
We, NMFS, are extending the
date by which public comments are due
concerning the proposed rule to extend
the southern boundary of the
endangered Central California Coast
(CCC) coho salmon Evolutionarily
Significant Unit (ESU) southward from
its current boundary at the San Lorenzo
River to include Soquel and Aptos
Creeks in Santa Cruz County, California.
On February 4, 2011, we published a
proposed rule in the Federal Register to
extend the southern boundary of this
ESU and announced a public comment
period to end on April 5, 2011. Today
we extend the public comment period to
June 6, 2011.
DATES: The deadline for receipt of
comments on the proposed rule
published on February 4, 2011, (76 FR
6383), is extended from April 5, 2011,
to June 6, 2011, at 5 p.m. Pacific
Daylight Time.
ADDRESSES: You may submit comments
on the proposed range extension,
identified by the RIN 0648–XV30, by
any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Submit written comments to
the Assistant Regional Administrator,
Protected Resources Division, Attn:
Craig Wingert, Southwest Region,
National Marine Fisheries Service, 501
W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4213.
• Fax: (562) 980–4027; Attn: Craig
Wingert.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
14:51 Mar 23, 2011
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All comments received are a part of
the public record. Comments will
generally be posted without change. All
Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. We will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
A copy of our 12-month finding and
proposed range extension and other
relevant information may be obtained by
submitting a request to the Assistant
Regional Administrator, Protected
Resources Division, Attn: Craig Wingert,
Southwest Region, National Marine
Fisheries Service, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802–4213
or from the Internet at https://
swr.nmfs.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Craig Wingert, NMFS Southwest Region,
(562) 980–4021; or Dwayne Meadows,
NMFS Office of Protected Resources,
Silver Spring, MD, (301) 713–1401.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2011 (76 FR 6383), we
published a proposed rule to extend the
boundary of the endangered CCC coho
salmon ESU from its current boundary
at the San Lorenzo River southward to
include Soquel and Aptos Creeks which
are located in Santa Cruz County, CA.
The proposed rule also concluded that
this redefined ESU continues to be
endangered.
We received one request to extend the
current public comment period on the
rule to accommodate review of the
proposed rule and all the supporting
documentation. We have considered
this request and conclude that a 60-day
extension is appropriate and will not
delay this rulemaking process.
Accordingly, we are extending the
public comment period to June 6, 2011,
to allow additional time for public
comment.
Authority: 16 U.S.C. 1533 et seq.
Dated: March 18, 2011.
Helen Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–7019 Filed 3–23–11; 8:45 am]
BILLING CODE 3510–22–P
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16595
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BA71
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Amendment 15 to
the Atlantic Sea Scallop Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a fishery
management plan amendment; request
for comments.
AGENCY:
NMFS announces that the
New England Fishery Management
Council (Council) has submitted
Amendment 15 to the Atlantic Sea
Scallop Fishery Management Plan
(FMP) (Amendment 15), incorporating
the Final Environmental Impact
Statement (FEIS) and the Initial
Regulatory Flexibility Analysis (IRFA),
for review by the Secretary of
Commerce. NMFS is requesting
comments from the public on
Amendment 15, which was developed
primarily to implement annual catch
limits (ACLs) and accountability
measures (AMs) to bring the Scallop
FMP into compliance with new
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA). Amendment 15 includes
additional measures recommended by
the Council, including an adjustment to
the overfishing definition, modification
of the essential fish habitat (EFH) closed
areas under the Scallop FMP,
adjustments to measures for the Limited
Access General Category fishery,
adjustments to the scallop research set
aside program, and additions to the list
of measures that can be adjusted by
framework adjustments.
DATES: Comments must be received by
5 p.m., Eastern Standard Time, on May
23, 2011.
ADDRESSES: An FEIS was prepared for
Amendment 15 that describes the
proposed action and its alternatives and
provides a thorough analysis of the
impacts of proposed measures and their
alternatives. Copies of Amendment 15,
including the FEIS and the IRFA, are
available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
SUMMARY:
E:\FR\FM\24MRP1.SGM
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jdjones on DSK8KYBLC1PROD with PROPOSALS-1
16596
Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Proposed Rules
Street, Newburyport, MA 01950. These
documents are also available online at
https://www.nefmc.org.
You may submit comments, identified
by 0648–BA71, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Peter
Christopher.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Scallop Amendment 15.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments.
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT:
Peter Christopher, Fishery Policy
Analyst, phone 978–281–9288, fax 978–
281–9135.
SUPPLEMENTARY INFORMATION:
Background: In January 2007, the MSA
was reauthorized and included a new
provision requiring each FMP to use
ACLs to prevent overfishing, including
measures to ensure accountability
should the ACLs be exceeded. For
fishery resources that were determined
to be overfished, the reauthorized MSA
required that such measures must be
implemented by 2010. For fishery
resources that were not overfished, the
reauthorized MSA required that such
measures must be implemented by
2011. Scallop fishery management
measures to comply with the
reauthorized MSA’s ACL and AM
requirements were required for 2011
because the scallop resource is not
overfished. To meet this requirement,
the Council initiated development of
Amendment 15 when, on March 5,
2008, it published a Notice of Intent to
develop Amendment 15 (73 FR 11888)
and prepare and EIS to analyze the
impacts of the proposed management
alternatives. The Council intended that
VerDate Mar<15>2010
14:51 Mar 23, 2011
Jkt 223001
Amendment 15 would address three
goals: (1) Bring the Scallop FMP into
compliance with new requirements of
the re-authorized MSA; (2) address
excess capacity in the limited access
scallop fishery; and (3) consider
measures to adjust several aspects of the
overall program to make the scallop
management plan more effective.
Following the public comment period
that ended on August 23, 2010, the
Council adopted Amendment 15 on
September 29, 2010. The Council voted
to exclude permit stacking and leasing
alternatives that were designed to
address excess capacity after
considering extensive written and oral
public comment on the measures.
Ultimately the Council rejected these
measures due to concerns that the
measures would have unacceptable
negative economic and social impacts
on the scallop fleet and fishing
communities. As adopted by the
Council, Amendment 15 includes the
following measures:
• An acceptable biological catch
(ABC) control rule that would set ABC
at a level that has a 25-percent
probability of exceeding the overfishing
limit to account for scientific
uncertainty in the assessment of the
status of the scallop resource;
• Incidental and Northern Gulf of
Maine (NGOM) catch limits;
• Separate scallop ACLs and AMs for
the limited access and LAGC fleets;
• An annual catch target for the
limited access fleet;
• A ‘‘Limited Access Disclaimer’’ that
would retract an impending limited
access fleet AM if the fishery has not
exceeded the fishing mortality rate
associated with ABC, and an associated
provision to re-allocate catch to the
LAGC fleet if the Disclaimer provision
is implemented;
• A sub-ACL for yellowtail flounder
coordinated with the Council’s
Northeast (NE) Multispecies FMP and
AMs for the scallop fishery if the scallop
fishery’s yellowtail flounder sub-ACL is
exceeded;
• Modification of the overfishing
definition for scallops to make it more
compatible with rotational area
management and to be consistent with
the most recent formal scallop resource
stock assessment;
• An increase in the possession limit
for limited access general category
(LAGC) vessels from 400 to 600 lb per
trip;
• An allowance for carryover of
unused individual fishing quota (IFQ)
for LAGC vessels;
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Fmt 4702
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• A provision to enable LAGC vessel
owners to permanently transfer all or
some IFQ separate from the vessel’s
LAGC permit;
• Revision of the essential fish habitat
(EFH) closures under the Scallop FMP
to make them consistent with EFH
closed areas under the NE Multispecies
FMP;
• Inclusion of third year default
management measures under the
biennial framework adjustment process;
• Additions to the list of
frameworkable measures; and
• Several changes to the scallop
research set aside program.
Amendment 15 would establish the
mechanism for implementing ACLs and
AMs, which would be the basis for
scallop fishery specifications, including
days-at-sea, access area trip allocations,
and IFQs. Amendment 15 does not
include actual limits and fishery
specifications. These specifications
would be established under Framework
22 to the FMP for fishing years 2011,
2012, and 2013. Framework 22 has been
adopted and submitted by the Council
for NMFS review.
Public comments are being solicited
on Amendment 15 and its incorporated
documents through the end of the
comment period stated in this notice of
availability. A proposed rule that would
implement Amendment 15 will be
published in the Federal Register for
public comment. Public comments on
the proposed rule must be received by
the end of the comment period provided
in this notice of availability of
Amendment 15 to be considered in the
approval/disapproval decision on the
amendment. All comments received by
May 23, 2011, whether specifically
directed to Amendment 15 or the
proposed rule for Amendment 15, will
be considered in the approval/
disapproval decision on Amendment
15. Comments received after that date
will not be considered in the decision
to approve or disapprove Amendment
15. To be considered, comments must
be received by close of business on the
last day of the comment period; that
does not mean postmarked or otherwise
transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 21, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–7025 Filed 3–23–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Proposed Rules]
[Pages 16595-16596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7025]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BA71
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Amendment 15 to the Atlantic Sea Scallop Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the New England Fishery Management Council
(Council) has submitted Amendment 15 to the Atlantic Sea Scallop
Fishery Management Plan (FMP) (Amendment 15), incorporating the Final
Environmental Impact Statement (FEIS) and the Initial Regulatory
Flexibility Analysis (IRFA), for review by the Secretary of Commerce.
NMFS is requesting comments from the public on Amendment 15, which was
developed primarily to implement annual catch limits (ACLs) and
accountability measures (AMs) to bring the Scallop FMP into compliance
with new requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA). Amendment 15 includes additional measures
recommended by the Council, including an adjustment to the overfishing
definition, modification of the essential fish habitat (EFH) closed
areas under the Scallop FMP, adjustments to measures for the Limited
Access General Category fishery, adjustments to the scallop research
set aside program, and additions to the list of measures that can be
adjusted by framework adjustments.
DATES: Comments must be received by 5 p.m., Eastern Standard Time, on
May 23, 2011.
ADDRESSES: An FEIS was prepared for Amendment 15 that describes the
proposed action and its alternatives and provides a thorough analysis
of the impacts of proposed measures and their alternatives. Copies of
Amendment 15, including the FEIS and the IRFA, are available from Paul
J. Howard, Executive Director, New England Fishery Management Council,
50 Water
[[Page 16596]]
Street, Newburyport, MA 01950. These documents are also available
online at https://www.nefmc.org.
You may submit comments, identified by 0648-BA71, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Peter Christopher.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Scallop
Amendment 15.''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments. Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy
Analyst, phone 978-281-9288, fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Background: In January 2007, the MSA was
reauthorized and included a new provision requiring each FMP to use
ACLs to prevent overfishing, including measures to ensure
accountability should the ACLs be exceeded. For fishery resources that
were determined to be overfished, the reauthorized MSA required that
such measures must be implemented by 2010. For fishery resources that
were not overfished, the reauthorized MSA required that such measures
must be implemented by 2011. Scallop fishery management measures to
comply with the reauthorized MSA's ACL and AM requirements were
required for 2011 because the scallop resource is not overfished. To
meet this requirement, the Council initiated development of Amendment
15 when, on March 5, 2008, it published a Notice of Intent to develop
Amendment 15 (73 FR 11888) and prepare and EIS to analyze the impacts
of the proposed management alternatives. The Council intended that
Amendment 15 would address three goals: (1) Bring the Scallop FMP into
compliance with new requirements of the re-authorized MSA; (2) address
excess capacity in the limited access scallop fishery; and (3) consider
measures to adjust several aspects of the overall program to make the
scallop management plan more effective. Following the public comment
period that ended on August 23, 2010, the Council adopted Amendment 15
on September 29, 2010. The Council voted to exclude permit stacking and
leasing alternatives that were designed to address excess capacity
after considering extensive written and oral public comment on the
measures. Ultimately the Council rejected these measures due to
concerns that the measures would have unacceptable negative economic
and social impacts on the scallop fleet and fishing communities. As
adopted by the Council, Amendment 15 includes the following measures:
An acceptable biological catch (ABC) control rule that
would set ABC at a level that has a 25-percent probability of exceeding
the overfishing limit to account for scientific uncertainty in the
assessment of the status of the scallop resource;
Incidental and Northern Gulf of Maine (NGOM) catch limits;
Separate scallop ACLs and AMs for the limited access and
LAGC fleets;
An annual catch target for the limited access fleet;
A ``Limited Access Disclaimer'' that would retract an
impending limited access fleet AM if the fishery has not exceeded the
fishing mortality rate associated with ABC, and an associated provision
to re-allocate catch to the LAGC fleet if the Disclaimer provision is
implemented;
A sub-ACL for yellowtail flounder coordinated with the
Council's Northeast (NE) Multispecies FMP and AMs for the scallop
fishery if the scallop fishery's yellowtail flounder sub-ACL is
exceeded;
Modification of the overfishing definition for scallops to
make it more compatible with rotational area management and to be
consistent with the most recent formal scallop resource stock
assessment;
An increase in the possession limit for limited access
general category (LAGC) vessels from 400 to 600 lb per trip;
An allowance for carryover of unused individual fishing
quota (IFQ) for LAGC vessels;
A provision to enable LAGC vessel owners to permanently
transfer all or some IFQ separate from the vessel's LAGC permit;
Revision of the essential fish habitat (EFH) closures
under the Scallop FMP to make them consistent with EFH closed areas
under the NE Multispecies FMP;
Inclusion of third year default management measures under
the biennial framework adjustment process;
Additions to the list of frameworkable measures; and
Several changes to the scallop research set aside program.
Amendment 15 would establish the mechanism for implementing ACLs
and AMs, which would be the basis for scallop fishery specifications,
including days-at-sea, access area trip allocations, and IFQs.
Amendment 15 does not include actual limits and fishery specifications.
These specifications would be established under Framework 22 to the FMP
for fishing years 2011, 2012, and 2013. Framework 22 has been adopted
and submitted by the Council for NMFS review.
Public comments are being solicited on Amendment 15 and its
incorporated documents through the end of the comment period stated in
this notice of availability. A proposed rule that would implement
Amendment 15 will be published in the Federal Register for public
comment. Public comments on the proposed rule must be received by the
end of the comment period provided in this notice of availability of
Amendment 15 to be considered in the approval/disapproval decision on
the amendment. All comments received by May 23, 2011, whether
specifically directed to Amendment 15 or the proposed rule for
Amendment 15, will be considered in the approval/disapproval decision
on Amendment 15. Comments received after that date will not be
considered in the decision to approve or disapprove Amendment 15. To be
considered, comments must be received by close of business on the last
day of the comment period; that does not mean postmarked or otherwise
transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 21, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7025 Filed 3-23-11; 8:45 am]
BILLING CODE 3510-22-P
