Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management Areas, 4319-4320 [2014-01509]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Proposed Rules
public comments and any additional
information regarding the status of these
subspecies and will complete a final
determination within 12 months of
publication of this proposed rule, as
required under the ESA. Final
promulgation of the regulation(s) will
consider the comments and any
additional information we receive, and
such communications may lead to a
final regulation that differs from this
proposal.
Public Hearings
If requested by the public within 45
days of publication of this proposed
rule, a hearing will be held regarding
this proposal to amend the listing of the
Southern Resident killer whale DPS by
removing the exclusion for captive
whales. If a hearing is scheduled, details
regarding location(s), date(s), and
time(s) will be published in a
forthcoming Federal Register notice.
Classification
National Environmental Policy Act
(NEPA)
The 1982 amendments to the ESA, in
section 4(b)(1)(A), restrict the
information that may be considered
when assessing species for listing. Based
on this limitation of criteria for a listing
decision and the opinion in Pacific
Legal Foundation v. Andrus, 657 F. 2d
829 (6th Cir. 1981), we have concluded
that NEPA does not apply to ESA listing
actions. (See NOAA Administrative
Order 216–6.)
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Executive Order 12866, Regulatory
Flexibility Act, and Paperwork
Reduction Act
As noted in the Conference Report on
the 1982 amendments to the ESA,
economic impacts cannot be considered
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this
proposed rule is exempt from review
under Executive Order 12866. This
proposed rule does not contain a
collection-of-information requirement
for the purposes of the Paperwork
Reduction Act.
Executive Order 13122, Federalism
In accordance with E.O. 13132, we
determined that this proposed rule does
not have significant Federalism effects
and that a Federalism assessment is not
required. In keeping with the intent of
the Administration and Congress to
provide continuing and meaningful
dialogue on issues of mutual state and
Federal interest, this proposed rule will
be shared with the relevant state
VerDate Mar<15>2010
14:16 Jan 24, 2014
Jkt 232001
4319
agencies in each state in which the
species is believed to occur, and those
states will be invited to comment on
this proposal. As we proceed, we intend
to continue engaging in informal and
formal contacts with the states, and
other affected local or regional entities,
giving careful consideration to all
written and oral comments received.
DEPARTMENT OF COMMERCE
References Cited
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; American
Lobster Fishery; Control Date for
Lobster Conservation Management
Areas
The complete citations for the
references used in this document can be
obtained by contacting NMFS (See
ADDRESSES and FOR FURTHER
INFORMATION CONTACT) or on our Web
page at: https://www.westcoast.fisheries.
noaa.gov/protected_species/marine_
mammals/killer_whale/lolita_
petition.html
List of Subjects in 50 CFR Part 224
Administrative practice and
procedure, Endangered and threatened
species, Reporting and recordkeeping
requirements.
Dated: January 17, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 224 is proposed
to be amended as follows:
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:
■
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
§ 224.101
[Amended]
2. In paragraph (b) of § 224.101,
remove ‘‘Killer whale (Orcinus orca),
Southern Resident distinct population
segment, which consists of whales from
J, K and L pods, wherever they are
found in the wild, and not including
Southern Resident killer whales placed
in captivity prior to listing or their
captive born progeny; Ladoga ringed
seal (Phoca (=Pusa)hispida
ladogensis)’’; and add in its place
‘‘Killer whale (Orcinus orca)’’ to read as
‘‘Killer whale (Orcinus orca), Southern
Resident distinct population segment,
which consists of whales from J, K and
L pods, wherever they are found;’’
■
[FR Doc. 2014–01506 Filed 1–24–14; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 131206999–4046–01]
RIN 0648–BD85
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); request for
comments.
AGENCY:
At the request of the Atlantic
States Marine Fisheries Commission,
this notice announces a control date that
may be applicable, but not limited to,
limiting the number of permits or traps
a business entity may own in Lobster
Conservation Management Area 3 or in
any of the Lobster Conservation
Management Areas. NMFS intends this
notice to promote awareness of possible
rulemaking, alert interested parties of
potential eligibility criteria for future
access, and discourage speculative entry
into and/or investment in the American
lobster fishery while the Atlantic States
Marine Fisheries Commission and
NMFS consider if and how participation
in the American lobster fishery should
be controlled.
DATES: January 27, 2014 shall be known
as the ‘‘control date’’ for the American
lobster fishery, and may be used as a
reference date for future management
measures related to the maintenance of
a fishery with characteristics consistent
with the Commission’s objectives and
applicable Federal laws. Written
comments must be received on or before
February 26, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0169 by any of the
following methods:
D Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docket
Detail;D=NOAA-NMFS-2013-0169, click
the ‘‘Comment Now!’’ icon, complete
the required fields, and enter or attach
your comments.
D Mail: Submit written comments to
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
SUMMARY:
E:\FR\FM\27JAP1.SGM
27JAP1
4320
Federal Register / Vol. 79, No. 17 / Monday, January 27, 2014 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Lobster Control Date.’’
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. We may not consider
comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period. 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.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). We accept attachments to
electronic comments only in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fisheries Management
Specialist, 978–281–9224, fax 978–281–
9135.
SUPPLEMENTARY INFORMATION: The
American Lobster Fishery Management
Plan is implemented by the NMFS
under the framework of the Atlantic
States Marine Fisheries Commission’s
(Commission) Interstate Fishery
Management Plan for American Lobster
(ISFMP). Through the ISFMP, the
Commission adopts fishery conservation
and management strategies for the
American lobster resource and
coordinates the efforts of the states and
NMFS to implement these strategies.
The ISFMP establishes seven Lobster
Conservation Management Areas
(Areas), from Maine to North Carolina,
including state waters, which extend
from the coast to 3 nautical miles (5.56
VerDate Mar<15>2010
14:16 Jan 24, 2014
Jkt 232001
km) from shore, and the Exclusive
Economic Zone (EEZ), which extends
from 3–200 nautical miles (5.56–370.4
km). Within each Area, the states
appoint members of the lobster industry
to serves on a Lobster Conservation
Management Team who advises the
Commission on management programs
for each Area. The lobster fishery is a
year-round fishery in the United States,
including the summer and fall months
when the lobsters are molting. Most
lobsters are taken in lobster traps, while
a small amount are taken incidentally in
gillnets and trawls.
With the advent of the Commission’s
Trap Transferability Program, members
of the lobster industry, as well as the
Commission, became concerned about
fishing power becoming consolidated in
Area 3 among relatively few permit
holders who could then purchase trap
allocation, increase fishing power, and
reshape the fishery in a way that would
be detrimental to existing and historical
fishing patterns. Area 3 is the largest of
all the Lobster Conservation
Management Areas, occurs exclusively
in the EEZ, and extends from Maine to
Cape Hatteras, North Carolina. Industry
and the Commission were concerned
that previously latent effort could be
cheaply purchased and activated, which
would create additional pressure on the
lobster stock, as well as the fishing
businesses currently existing in the area.
Accordingly, the Commission approved
Addendum XXII in October 2013, which
recommended that the states and NMFS
limit the number of traps that any one
individual or entity may own.
On November 18, 2013, the
Commission requested that NMFS
publish this control date to discourage
permit consolidation and speculative
activation of previously unused effort or
capacity in the American lobster fishery
during the time that alternative
management regimes to control capacity
or latent effort are discussed and
potentially developed and
PO 00000
Frm 00039
Fmt 4702
Sfmt 9990
implemented. This action
communicates to fishermen that
participation after the control date may
not be treated the same as participation
before the control date. This control
date may also be considered for future
management decisions and rulemaking
for any of the Lobster Conservation
Management Areas. NMFS may also
choose to take no further action to
control entry or access to the American
lobster fishery.
This notification establishes January
27, 2014 as the new control date for
potential use in determining historical
or traditional participation in Area 3 of
the American lobster fishery.
Establishing a control date does not
commit NMFS to develop any particular
management regime or criteria for
participation in these fisheries. In the
future, NMFS may choose a different
control date or a management program
that does not make use of any control
date. Any future action by NMFS will be
taken pursuant to the Atlantic Coastal
Fisheries Cooperative Management Act
and the Magnuson-Stevens Fishery
Conservation and Management Act.
This notification also gives the public
notice that interested participants
should locate and preserve records that
substantiate and verify their
participation in the American lobster
fishery.
This notification and control date do
not impose any legal obligations,
requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.; 16
U.S.C. 5101 et seq.
Dated: January 17, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–01509 Filed 1–24–14; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\27JAP1.SGM
27JAP1
]]>Agencies
[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Proposed Rules]
[Pages 4319-4320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01509]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 131206999-4046-01]
RIN 0648-BD85
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
American Lobster Fishery; Control Date for Lobster Conservation
Management Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
-----------------------------------------------------------------------
SUMMARY: At the request of the Atlantic States Marine Fisheries
Commission, this notice announces a control date that may be
applicable, but not limited to, limiting the number of permits or traps
a business entity may own in Lobster Conservation Management Area 3 or
in any of the Lobster Conservation Management Areas. NMFS intends this
notice to promote awareness of possible rulemaking, alert interested
parties of potential eligibility criteria for future access, and
discourage speculative entry into and/or investment in the American
lobster fishery while the Atlantic States Marine Fisheries Commission
and NMFS consider if and how participation in the American lobster
fishery should be controlled.
DATES: January 27, 2014 shall be known as the ``control date'' for the
American lobster fishery, and may be used as a reference date for
future management measures related to the maintenance of a fishery with
characteristics consistent with the Commission's objectives and
applicable Federal laws. Written comments must be received on or before
February 26, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0169 by any of the following methods:
[ssquf] Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0169, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
[ssquf] Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
[[Page 4320]]
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on Lobster Control Date.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. We may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. 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.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). We accept attachments to electronic comments
only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fisheries Management
Specialist, 978-281-9224, fax 978-281-9135.
SUPPLEMENTARY INFORMATION: The American Lobster Fishery Management Plan
is implemented by the NMFS under the framework of the Atlantic States
Marine Fisheries Commission's (Commission) Interstate Fishery
Management Plan for American Lobster (ISFMP). Through the ISFMP, the
Commission adopts fishery conservation and management strategies for
the American lobster resource and coordinates the efforts of the states
and NMFS to implement these strategies. The ISFMP establishes seven
Lobster Conservation Management Areas (Areas), from Maine to North
Carolina, including state waters, which extend from the coast to 3
nautical miles (5.56 km) from shore, and the Exclusive Economic Zone
(EEZ), which extends from 3-200 nautical miles (5.56-370.4 km). Within
each Area, the states appoint members of the lobster industry to serves
on a Lobster Conservation Management Team who advises the Commission on
management programs for each Area. The lobster fishery is a year-round
fishery in the United States, including the summer and fall months when
the lobsters are molting. Most lobsters are taken in lobster traps,
while a small amount are taken incidentally in gillnets and trawls.
With the advent of the Commission's Trap Transferability Program,
members of the lobster industry, as well as the Commission, became
concerned about fishing power becoming consolidated in Area 3 among
relatively few permit holders who could then purchase trap allocation,
increase fishing power, and reshape the fishery in a way that would be
detrimental to existing and historical fishing patterns. Area 3 is the
largest of all the Lobster Conservation Management Areas, occurs
exclusively in the EEZ, and extends from Maine to Cape Hatteras, North
Carolina. Industry and the Commission were concerned that previously
latent effort could be cheaply purchased and activated, which would
create additional pressure on the lobster stock, as well as the fishing
businesses currently existing in the area. Accordingly, the Commission
approved Addendum XXII in October 2013, which recommended that the
states and NMFS limit the number of traps that any one individual or
entity may own.
On November 18, 2013, the Commission requested that NMFS publish
this control date to discourage permit consolidation and speculative
activation of previously unused effort or capacity in the American
lobster fishery during the time that alternative management regimes to
control capacity or latent effort are discussed and potentially
developed and implemented. This action communicates to fishermen that
participation after the control date may not be treated the same as
participation before the control date. This control date may also be
considered for future management decisions and rulemaking for any of
the Lobster Conservation Management Areas. NMFS may also choose to take
no further action to control entry or access to the American lobster
fishery.
This notification establishes January 27, 2014 as the new control
date for potential use in determining historical or traditional
participation in Area 3 of the American lobster fishery. Establishing a
control date does not commit NMFS to develop any particular management
regime or criteria for participation in these fisheries. In the future,
NMFS may choose a different control date or a management program that
does not make use of any control date. Any future action by NMFS will
be taken pursuant to the Atlantic Coastal Fisheries Cooperative
Management Act and the Magnuson-Stevens Fishery Conservation and
Management Act.
This notification also gives the public notice that interested
participants should locate and preserve records that substantiate and
verify their participation in the American lobster fishery.
This notification and control date do not impose any legal
obligations, requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.
Dated: January 17, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2014-01509 Filed 1-24-14; 8:45 am]
BILLING CODE 3510-22-P
