Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery, 38274-38275 [2014-15803]
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Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Proposed Rules
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Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 942–
3848, levin.nancy@epa.gov.
This
proposal addresses the following
Ventura County Air Pollution Control
District rules: Rule 74.13 Aerospace
Assembly and Component
Manufacturing Operations and Rule
74.24 Marine Coating Operations. In the
Rules and Regulations section of this
Federal Register, we are approving
these local rules in a direct final action
without prior proposal because we
believe these SIP revisions are not
controversial. If we receive adverse
comments, however, we will publish a
timely withdrawal of the direct final
rule and address the comments in
subsequent action based on this
proposed rule. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
ehiers on DSK2VPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
Dated: May 23, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–15390 Filed 7–1–14; 4:15 pm]
BILLING CODE 6560–50–P
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12:38 Jul 03, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140529461–4526–01]
RIN 0648–BE26
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
Based on request from the
U.S. Food and Drug Administration,
NMFS proposes to lift the closure area
referred to as the Northern Temporary
Paralytic Shellfish Poisoning Closed
Area for bivalve harvesting. NMFS takes
this action because this area has not
been subject to a toxic algal bloom for
several years and testing of bivalve
shellfish has demonstrated toxin levels
well below those known to cause
human illness. In addition, the U.S.
Food and Drug Administration has
developed an agreement with the
Commonwealth of Massachusetts to
conduct paralytic shellfish poisoning
monitoring of bivalves from the area in
accordance with currently accepted
paralytic shellfish poisoning testing
procedures.
DATES: Comments must be received on
this action by July 22, 2014.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2014–0073,
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140073, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: John K. Bullard, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
Lift PSP Closure.’’
Instructions: All comments received
are part of the public record and will
generally be posted to
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
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 via
Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281–9177, or
Jason.Berthiaume@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In 2005, at the request of the U.S.
Food and Drug Administration (FDA),
NOAA’s National Marine Fisheries
Service (NMFS) closed an area of
Federal waters off the coasts of New
Hampshire and Massachusetts to fishing
for bivalve shellfish due to the presence
in those waters of the toxins that cause
paralytic shellfish poisoning (PSP).
Shellfish contaminated with the toxin, if
eaten in large enough quantity, can
cause illness or death from PSP.
The closure was modified a number of
times from 2005–2008, and the
remaining closure was subsequently
extended from 2008 until 2013.
Beginning in 2014, the closure also
included a prohibition on the harvest of
gastropods.
Recently, NMFS, the FDA, the clam
industry, and the Massachusetts
Division of Marine Fisheries (DMF)
investigated whether this closure is still
warranted, and on May 19, 2014, the
FDA sent NMFS a letter requesting that
we reopen the area known as the
Northern Temporary Paralytic Shellfish
Poisoning (PSP) Closed Area for bivalve
harvesting. This request is based on the
premise that the area has not been
subject to a toxic algal bloom for several
years and testing of bivalve shellfish has
demonstrated toxin levels well below
those known to cause human illness. In
addition, the FDA has developed an
agreement with the Commonwealth of
Massachusetts to conduct PSP
monitoring of bivalves from the area in
accordance with currently accepted PSP
testing procedures. If the closure is
lifted, DMF would test the reopened
waters, and if the results yield samples
that exceed the threshold for public
safety, DMF would inform us to that
effect, and we would work with the
FDA to reinstate the closure.
If this action is implemented, NMFS
would reopen the area referred to as the
Northern Temporary PSP Closed Area
for bivalve harvesting. This includes the
fisheries for Atlantic surfclam and ocean
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Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Proposed Rules
ehiers on DSK2VPTVN1PROD with PROPOSALS
quahog, as well as mussels. The area
would remain closed to the harvest of
whole or roe-on scallops and
gastropods. Whole and roe-on scallops
and gastropods are believed to be more
susceptible to PSP and may accumulate
and retain much higher levels of
toxicity. In addition, sufficient data do
not exist to demonstrate that it would be
safe to lift the closure for gastropods or
whole and roe-on scallops. NMFS, the
FDA, and DMF are working with the
fishing industry to conduct a research
project that would collect samples to
help determine whether the area could
also be opened to whole or roe-on
scallops and gastropods. NMFS is
seeking public comments on lifting the
closure for bivalves as well as
information regarding whole or roe-on
scallops and gastropods and PSP in the
area.
The areas defined at 50 CFR 648.81(d)
and (e), referred to as the Cashes Ledge
and the Western Gulf of Maine Essential
Fish Habitat Areas (EFH), respectively,
overlap with the area that would be
reopened. Theses overlapping EFH areas
would remain closed to hydraulic clam
dredge gear.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this proposed rule is
consistent with the Atlantic Surfclam
and Ocean Quahog Fishery Management
Plan, other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
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 (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
The proposed measures would only
affect vessels holding an active Federal
open access surfclam and/or ocean
quahog permit. The SBA defines a small
commercial shellfish fishing entity as a
firm with gross annual receipts not
exceeding $5 million. In 2012, a total of
42 vessels reported harvesting surfclams
VerDate Mar<15>2010
12:38 Jul 03, 2014
Jkt 232001
and/or ocean quahogs from Federal
waters under the Individual Fishing
Quota system. In addition, 12 vessels
participated in the limited access Maine
ocean quahog fishery, for a total of 54
participants in 2012. Average 2012 gross
income was $950,000 per vessel. Each
vessel in this analysis is treated as a
single entity for purposes of size
determination and impact assessment.
All 54 commercial fishing entities fall
below the SBA size threshold for small
commercial shellfish fishing entities,
and thus would be considered small
entities for the purposes of this analysis.
This rule, if implemented, is expected
to have only a slightly beneficial
economic impact on affected entities.
The surfclam and ocean quahog fishery
is managed under an Individual
Transferable Quota (ITQ) system, and,
since overall quotas are not being
changed as a result of this action, no
additional harvest would be permitted
with this action. However, participating
vessels would be able to fish in the
Northern Temporary Paralytic Shellfish
Poisoning (PSP) Closed Area, in
addition to the existing areas open to
the harvest of surfclams and ocean
quahogs. Those vessels that choose to
fish in the area proposed to be opened
may experience a reduction in
operational costs due to the area’s
relative close proximity to major fishing
ports. As a result, these vessels could
see some positive economic impacts.
However, these benefits are not
expected to be significant as this fishery
is typically market limited and, as
mentioned above, the fishery is
managed under an ITQ, so it is not
expected that there would be an
increase in overall landings beyond
what is allowed under the ITQ.
In addition, due to the seasonal
variability of PSP toxin levels, any or all
of the area associated with this action
could open or close based on PSP
conditions. Given the uncertainty as to
whether the area would remain open,
and since the fishery is managed under
an ITQ system, it is not anticipated that
there would be an overall increase in
participation in the surfclam and ocean
quahog fishery due to the opening of
this area. Therefore, because this action
only proposes to reopen an area that has
previously been closed, and because no
net change in fishing effort,
participation in the fishery, or fishery
expenses is expected, this action will
PO 00000
Frm 00010
Fmt 4702
Sfmt 9990
38275
not have a significant economic effect
on a substantial number of small
entities.
Reporting and Recordkeeping
Requirements
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This
proposed rule does not duplicate,
overlap, or conflict with other Federal
rules.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 1, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to read as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, paragraph (a)(10)(iii) is
revised to read as follows:
■
§ 648.14
Prohibitions.
(a) * * *
(10) * * *
(iii) Fish for, harvest, catch, possess or
attempt to fish for, harvest, catch, or
possess any any sea scallops, except for
sea scallops harvested only for adductor
muscles and shucked at sea and any
gastropod species, including whelks,
conchs, and carnivorous snails, unless
issued and possessing on board a Letter
of Authorization (LOA) from the
Regional Administrator authorizing the
collection of shellfish and/or gastropods
for biological sampling and operating
under the terms and conditions of said
LOA, in the area of the U.S. Exclusive
Economic Zone bound by the following
coordinates in the order stated:
(A) 43°00′ N. lat., 71°00′ W. long.;
(B) 43°00′ N. lat., 69°00′ W. long.;
(C) 41°39′ N. lat., 69°00′ W. long.;
(D) 41°39′ N. lat., 71°00′ W. long.; and
then ending at the first point.
*
*
*
*
*
[FR Doc. 2014–15803 Filed 7–3–14; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\07JYP1.SGM
07JYP1
Agencies
[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Proposed Rules]
[Pages 38274-38275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140529461-4526-01]
RIN 0648-BE26
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: Based on request from the U.S. Food and Drug Administration,
NMFS proposes to lift the closure area referred to as the Northern
Temporary Paralytic Shellfish Poisoning Closed Area for bivalve
harvesting. NMFS takes this action because this area has not been
subject to a toxic algal bloom for several years and testing of bivalve
shellfish has demonstrated toxin levels well below those known to cause
human illness. In addition, the U.S. Food and Drug Administration has
developed an agreement with the Commonwealth of Massachusetts to
conduct paralytic shellfish poisoning monitoring of bivalves from the
area in accordance with currently accepted paralytic shellfish
poisoning testing procedures.
DATES: Comments must be received on this action by July 22, 2014.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0073,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0073, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: John K. Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on Lift PSP
Closure.''
Instructions: All comments received are part of the public record
and will generally be posted to 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 via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281-9177, or Jason.Berthiaume@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In 2005, at the request of the U.S. Food and Drug Administration
(FDA), NOAA's National Marine Fisheries Service (NMFS) closed an area
of Federal waters off the coasts of New Hampshire and Massachusetts to
fishing for bivalve shellfish due to the presence in those waters of
the toxins that cause paralytic shellfish poisoning (PSP). Shellfish
contaminated with the toxin, if eaten in large enough quantity, can
cause illness or death from PSP.
The closure was modified a number of times from 2005-2008, and the
remaining closure was subsequently extended from 2008 until 2013.
Beginning in 2014, the closure also included a prohibition on the
harvest of gastropods.
Recently, NMFS, the FDA, the clam industry, and the Massachusetts
Division of Marine Fisheries (DMF) investigated whether this closure is
still warranted, and on May 19, 2014, the FDA sent NMFS a letter
requesting that we reopen the area known as the Northern Temporary
Paralytic Shellfish Poisoning (PSP) Closed Area for bivalve harvesting.
This request is based on the premise that the area has not been subject
to a toxic algal bloom for several years and testing of bivalve
shellfish has demonstrated toxin levels well below those known to cause
human illness. In addition, the FDA has developed an agreement with the
Commonwealth of Massachusetts to conduct PSP monitoring of bivalves
from the area in accordance with currently accepted PSP testing
procedures. If the closure is lifted, DMF would test the reopened
waters, and if the results yield samples that exceed the threshold for
public safety, DMF would inform us to that effect, and we would work
with the FDA to reinstate the closure.
If this action is implemented, NMFS would reopen the area referred
to as the Northern Temporary PSP Closed Area for bivalve harvesting.
This includes the fisheries for Atlantic surfclam and ocean
[[Page 38275]]
quahog, as well as mussels. The area would remain closed to the harvest
of whole or roe-on scallops and gastropods. Whole and roe-on scallops
and gastropods are believed to be more susceptible to PSP and may
accumulate and retain much higher levels of toxicity. In addition,
sufficient data do not exist to demonstrate that it would be safe to
lift the closure for gastropods or whole and roe-on scallops. NMFS, the
FDA, and DMF are working with the fishing industry to conduct a
research project that would collect samples to help determine whether
the area could also be opened to whole or roe-on scallops and
gastropods. NMFS is seeking public comments on lifting the closure for
bivalves as well as information regarding whole or roe-on scallops and
gastropods and PSP in the area.
The areas defined at 50 CFR 648.81(d) and (e), referred to as the
Cashes Ledge and the Western Gulf of Maine Essential Fish Habitat Areas
(EFH), respectively, overlap with the area that would be reopened.
Theses overlapping EFH areas would remain closed to hydraulic clam
dredge gear.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog
Fishery Management Plan, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
The proposed measures would only affect vessels holding an active
Federal open access surfclam and/or ocean quahog permit. The SBA
defines a small commercial shellfish fishing entity as a firm with
gross annual receipts not exceeding $5 million. In 2012, a total of 42
vessels reported harvesting surfclams and/or ocean quahogs from Federal
waters under the Individual Fishing Quota system. In addition, 12
vessels participated in the limited access Maine ocean quahog fishery,
for a total of 54 participants in 2012. Average 2012 gross income was
$950,000 per vessel. Each vessel in this analysis is treated as a
single entity for purposes of size determination and impact assessment.
All 54 commercial fishing entities fall below the SBA size threshold
for small commercial shellfish fishing entities, and thus would be
considered small entities for the purposes of this analysis.
This rule, if implemented, is expected to have only a slightly
beneficial economic impact on affected entities. The surfclam and ocean
quahog fishery is managed under an Individual Transferable Quota (ITQ)
system, and, since overall quotas are not being changed as a result of
this action, no additional harvest would be permitted with this action.
However, participating vessels would be able to fish in the Northern
Temporary Paralytic Shellfish Poisoning (PSP) Closed Area, in addition
to the existing areas open to the harvest of surfclams and ocean
quahogs. Those vessels that choose to fish in the area proposed to be
opened may experience a reduction in operational costs due to the
area's relative close proximity to major fishing ports. As a result,
these vessels could see some positive economic impacts. However, these
benefits are not expected to be significant as this fishery is
typically market limited and, as mentioned above, the fishery is
managed under an ITQ, so it is not expected that there would be an
increase in overall landings beyond what is allowed under the ITQ.
In addition, due to the seasonal variability of PSP toxin levels,
any or all of the area associated with this action could open or close
based on PSP conditions. Given the uncertainty as to whether the area
would remain open, and since the fishery is managed under an ITQ
system, it is not anticipated that there would be an overall increase
in participation in the surfclam and ocean quahog fishery due to the
opening of this area. Therefore, because this action only proposes to
reopen an area that has previously been closed, and because no net
change in fishing effort, participation in the fishery, or fishery
expenses is expected, this action will not have a significant economic
effect on a substantial number of small entities.
Reporting and Recordkeeping Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 1, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to read 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, paragraph (a)(10)(iii) is revised to read as
follows:
Sec. 648.14 Prohibitions.
(a) * * *
(10) * * *
(iii) Fish for, harvest, catch, possess or attempt to fish for,
harvest, catch, or possess any any sea scallops, except for sea
scallops harvested only for adductor muscles and shucked at sea and any
gastropod species, including whelks, conchs, and carnivorous snails,
unless issued and possessing on board a Letter of Authorization (LOA)
from the Regional Administrator authorizing the collection of shellfish
and/or gastropods for biological sampling and operating under the terms
and conditions of said LOA, in the area of the U.S. Exclusive Economic
Zone bound by the following coordinates in the order stated:
(A) 43[deg]00' N. lat., 71[deg]00' W. long.;
(B) 43[deg]00' N. lat., 69[deg]00' W. long.;
(C) 41[deg]39' N. lat., 69[deg]00' W. long.;
(D) 41[deg]39' N. lat., 71[deg]00' W. long.; and then ending at the
first point.
* * * * *
[FR Doc. 2014-15803 Filed 7-3-14; 8:45 am]
BILLING CODE 3510-22-P