Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures, 54442-54443 [2013-21479]
Download as PDF
<![CDATA[
54442
Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Proposed Rules
opinion that a programmatic action will
not violate section 7(a)(2) of the Act and
where incidental take of listed species is
reasonably certain to occur but where
the amount or extent of anticipated take
cannot be quantified because sitespecific information regarding where,
when and how listed species will be
taken is not yet available.
*
*
*
*
*
■ 3. Amend § 402.14 by revising
paragraphs (i)(1)(i) and (i)(3), and by
adding paragraph (i)(6) to read as
follows:
§ 402.14
tkelley on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(i) * * *
(1) * * *
(i) Specifies the impact, i.e., the
amount or extent, of such incidental
taking on the species. A surrogate (e.g.,
habitat or ecological conditions or
similarly affected species) may be used
to express the amount or extent of
anticipated take provided that the
incidental take statement describes the
causal link between effects to the
surrogate and take of the listed species,
why it is not practical to express the
amount or extent of anticipated take or
to monitor take-related impacts in terms
of individuals of the listed species, and
sets a clear standard for determining
when the level of anticipated take has
been exceeded;
*
*
*
*
*
(3) In order to monitor the impacts of
incidental take, the Federal agency or
any applicant must report the progress
of the action and its impact on the
species to the Service as specified in the
incidental take statement. When the
Services use a surrogate to express the
amount or extent of take, the Federal
agency or applicant must monitor the
surrogate to ensure that the action does
not exceed the anticipated amount or
extent of take.
*
*
*
*
*
(6) A programmatic incidental take
statement will be provided in a
biological opinion for a programmatic
action that is anticipated to cause
incidental take. In such circumstances,
the programmatic incidental take
statement will include specific
provisions as reasonable and prudent
measures under paragraph (i)(1) of this
section to minimize the impacts of take
caused by the programmatic action and
to serve as a trigger to reinitiate formal
consultation on the programmatic
action.
*
*
*
*
*
18:08 Sep 03, 2013
[FR Doc. 2013–21423 Filed 9–3–13; 8:45 am]
BILLING CODE 3510–22–P; 4310–55–P
DEPARTMENT OF COMMERCE
Formal consultation.
VerDate Mar<15>2010
Dated: August 6, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, U.S. Department of
the Interior.
Dated: August 21, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs.
Jkt 229001
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BD40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Availability of proposed fishery
management plan amendments; request
for comments.
AGENCY:
NMFS announces that the
Mid-Atlantic Fishery Management
Council has submitted the Recreational
Accountability Measures Omnibus
Amendment incorporating a draft
Environmental Assessment, for review
by the Secretary of Commerce. NMFS is
requesting comments from the public on
the Recreational Accountability
Measures Omnibus Amendment, which
was developed by the Council to modify
the accountability measures for the
Atlantic mackerel, Atlantic bluefish,
summer flounder, scup, and black sea
bass recreational fisheries.
DATES: Public comments must be
received on or before November 4, 2013.
ADDRESSES: A draft environmental
assessment (EA) was prepared for the
Recreational Accountability Measures
(AM) Omnibus Amendment that
describes the proposed action and other
considered alternatives, and provides a
thorough analysis of the impacts of the
proposed measures and alternatives.
Copies of the Recreational AM Omnibus
Amendment, including the draft EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council (Council), 800
SUMMARY:
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
North State Street, Suite 201, Dover, DE
19901. This document is also available
online at https://www.mafmc.org.
You may submit comments on this
document, identified NOAA–NMFS–
2013–0108, 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-20130108, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: (978) 281–9135, Attn:
Comments on Recreational Omnibus
Amendment, NOAA–NMFS–2013–
0108.
• Mail and Hand Delivery: John K.
Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on Recreational Omnibus
Amendment.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
In 2011, the Council adopted, and
NMFS implemented, an Omnibus
Annual Catch Limit (ACL) and AM
Amendment to establish AMs for the
commercial and recreational fisheries
that catch Atlantic mackerel, butterfish,
Atlantic bluefish, summer flounder,
scup, black sea bass, golden tilefish,
ocean quahog, and Atlantic surfclams.
The AMs for the recreational fisheries
included in-season closure authority for
the Regional Administrator when
landings were known to have reached
the recreational harvest limit (RHL) and
pound-for-pound payback of any
overage. In 2012, the recreational black
E:\FR\FM\04SEP1.SGM
04SEP1
Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Proposed Rules
sea bass fishery significantly exceeded
its RHL. The pound-for-pound payback
requirement would drastically limit the
recreational black sea bass fishery in
fishing year 2014. As a result, the
Council decided to review the
recreational fishery AMs to determine if
a different approach to recreational
accountability would be more
appropriate. Specifically, the Council
wanted to develop AMs that took into
account the status of the stock and the
biological consequences, if any,
resulting from a recreational sector
overage.
Proposed Measures
tkelley on DSK3SPTVN1PROD with PROPOSALS
The Recreational AM Omnibus
Amendment proposes measures
intended to respond to concerns that inseason closure and a pound-for-pound
payback are not the most effective AMs
for the recreational fisheries. First, the
Council considered modifying the
annual catch target (ACT) process to
more formally consider incorporating
uncertainty in recreational catch
estimates; however, the Amendment
proposes to maintain the existing ACT
process. Second, the Amendment
proposes to remove the in-season
closure authority for recreational
fisheries. Third, the Amendment
proposes to use the 3-year moving
average of the lower bound of the
confidence interval of the recreational
catch estimate to determine if an ACL
has been exceeded. Fourth, measures
are proposed that would result in a
VerDate Mar<15>2010
18:08 Sep 03, 2013
Jkt 229001
payback if (1) the stock is overfished
(i.e., the most recent estimate of biomass
(B) is below the threshold, or B/BMSY <
1⁄2), or under a rebuilding plan and the
ACL was exceeded, or (2) if biomass is
below the target, but above the
threshold (i.e., 1⁄2< B/BMSY <1) and the
acceptable biological catch (ABC) is
exceeded. Otherwise, adjustments to the
management measures would be used as
an AM. In addition, measures are being
proposed that would scale the amount
of any payback to the stock status. The
scale would work such that for stocks
that are below the biomass threshold or
under a rebuilding plan, payback would
be equal to the full amount of the
overage; for stocks that are above the
biomass target, there would be no
payback, regardless of the size of the
overage. Stocks for which the biomass is
in between the threshold and the target
would have a payback amount equal to
the product of the difference between
recreational catch and the ACL and the
payback coefficient. The payback
coefficient would be equal to the
difference between the biomass estimate
and the target divided by one-half the
biomass target. Finally, the Council
considered reevaluating the catch limits
after the fact to determine if, based on
updated information, those catch limits
were still appropriate. However, the
Council determined that the necessary
information and resources to support
that type of reevaluation does not
currently exist.
PO 00000
Frm 00043
Fmt 4702
Sfmt 9990
54443
Public comments on the Recreational
AM Omnibus Amendment and its
incorporated documents may be
submitted through the end of the
comment period stated in this notice of
availability. A proposed rule to
implement the Recreational AM
Omnibus Amendment 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 the
Recreational AM Omnibus Amendment
to be considered in the approval/
disapproval decision on the
amendment. All comments received by
November 4, 2013, whether specifically
directed to the Recreational AM
Omnibus Amendment or the proposed
rule for the Recreational AM Omnibus
Amendment, will be considered in the
approval/disapproval decision on the
Recreational AM Omnibus Amendment.
Comments received after that date will
not be considered in the decision to
approve or disapprove the Recreational
AM Omnibus Amendment. To be
considered, comments must be received
by close of business on the last day of
the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 29, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–21479 Filed 9–3–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\04SEP1.SGM
04SEP1
]]>Agencies
[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Proposed Rules]
[Pages 54442-54443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21479]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BD40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Annual Catch
Limits and Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Availability of proposed fishery management plan amendments;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management
Council has submitted the Recreational Accountability Measures Omnibus
Amendment incorporating a draft Environmental Assessment, for review by
the Secretary of Commerce. NMFS is requesting comments from the public
on the Recreational Accountability Measures Omnibus Amendment, which
was developed by the Council to modify the accountability measures for
the Atlantic mackerel, Atlantic bluefish, summer flounder, scup, and
black sea bass recreational fisheries.
DATES: Public comments must be received on or before November 4, 2013.
ADDRESSES: A draft environmental assessment (EA) was prepared for the
Recreational Accountability Measures (AM) Omnibus Amendment that
describes the proposed action and other considered alternatives, and
provides a thorough analysis of the impacts of the proposed measures
and alternatives. Copies of the Recreational AM Omnibus Amendment,
including the draft EA, are available on request from Dr. Christopher
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council
(Council), 800 North State Street, Suite 201, Dover, DE 19901. This
document is also available online at https://www.mafmc.org.
You may submit comments on this document, identified NOAA-NMFS-
2013-0108, 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-2013-0108, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: (978) 281-9135, Attn: Comments on Recreational
Omnibus Amendment, NOAA-NMFS-2013-0108.
Mail and Hand Delivery: John K. Bullard, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on Recreational Omnibus Amendment.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
In 2011, the Council adopted, and NMFS implemented, an Omnibus
Annual Catch Limit (ACL) and AM Amendment to establish AMs for the
commercial and recreational fisheries that catch Atlantic mackerel,
butterfish, Atlantic bluefish, summer flounder, scup, black sea bass,
golden tilefish, ocean quahog, and Atlantic surfclams. The AMs for the
recreational fisheries included in-season closure authority for the
Regional Administrator when landings were known to have reached the
recreational harvest limit (RHL) and pound-for-pound payback of any
overage. In 2012, the recreational black
[[Page 54443]]
sea bass fishery significantly exceeded its RHL. The pound-for-pound
payback requirement would drastically limit the recreational black sea
bass fishery in fishing year 2014. As a result, the Council decided to
review the recreational fishery AMs to determine if a different
approach to recreational accountability would be more appropriate.
Specifically, the Council wanted to develop AMs that took into account
the status of the stock and the biological consequences, if any,
resulting from a recreational sector overage.
Proposed Measures
The Recreational AM Omnibus Amendment proposes measures intended to
respond to concerns that in-season closure and a pound-for-pound
payback are not the most effective AMs for the recreational fisheries.
First, the Council considered modifying the annual catch target (ACT)
process to more formally consider incorporating uncertainty in
recreational catch estimates; however, the Amendment proposes to
maintain the existing ACT process. Second, the Amendment proposes to
remove the in-season closure authority for recreational fisheries.
Third, the Amendment proposes to use the 3-year moving average of the
lower bound of the confidence interval of the recreational catch
estimate to determine if an ACL has been exceeded. Fourth, measures are
proposed that would result in a payback if (1) the stock is overfished
(i.e., the most recent estimate of biomass (B) is below the threshold,
or B/BMSY < \1/2\), or under a rebuilding plan and the ACL
was exceeded, or (2) if biomass is below the target, but above the
threshold (i.e., \1/2\< B/BMSY <1) and the acceptable
biological catch (ABC) is exceeded. Otherwise, adjustments to the
management measures would be used as an AM. In addition, measures are
being proposed that would scale the amount of any payback to the stock
status. The scale would work such that for stocks that are below the
biomass threshold or under a rebuilding plan, payback would be equal to
the full amount of the overage; for stocks that are above the biomass
target, there would be no payback, regardless of the size of the
overage. Stocks for which the biomass is in between the threshold and
the target would have a payback amount equal to the product of the
difference between recreational catch and the ACL and the payback
coefficient. The payback coefficient would be equal to the difference
between the biomass estimate and the target divided by one-half the
biomass target. Finally, the Council considered reevaluating the catch
limits after the fact to determine if, based on updated information,
those catch limits were still appropriate. However, the Council
determined that the necessary information and resources to support that
type of reevaluation does not currently exist.
Public comments on the Recreational AM Omnibus Amendment and its
incorporated documents may be submitted through the end of the comment
period stated in this notice of availability. A proposed rule to
implement the Recreational AM Omnibus Amendment 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 the Recreational AM Omnibus
Amendment to be considered in the approval/disapproval decision on the
amendment. All comments received by November 4, 2013, whether
specifically directed to the Recreational AM Omnibus Amendment or the
proposed rule for the Recreational AM Omnibus Amendment, will be
considered in the approval/disapproval decision on the Recreational AM
Omnibus Amendment. Comments received after that date will not be
considered in the decision to approve or disapprove the Recreational AM
Omnibus Amendment. To be considered, comments must be received by close
of business on the last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 29, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-21479 Filed 9-3-13; 8:45 am]
BILLING CODE 3510-22-P
