Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession Limit Adjustments for the Common Pool Fishery, 34841-34842 [2015-14942]

Download as PDF Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations National Environmental Policy and Clean Air Act FMCSA analyzed this final rule for the purpose of ascertaining the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and our Environmental Procedures Order 5610.1, issued March 1, 2004 (69 FR 9680). This final rule is categorically excluded from further analysis and documentation under the Categorical Exclusion (CE) in paragraph 6(b) of Appendix 2 of FMCSA Order 5610.1. This CE addresses minor revisions such as found in this rulemaking; therefore preparation of an environmental assessment or environmental impact statement is not necessary. The FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA’s general conformity requirement since it will have no effect on air emissions. tkelley on DSK3SPTVN1PROD with RULES Environmental Justice (E.O. 12898) FMCSA evaluated the environmental effects of this final rule in accordance with E.O. 12898 and determined that there are no environmental justice issues associated with its provisions nor any collective environmental impacts resulting from its promulgation. Environmental justice issues would be raised if there were a ‘‘disproportionate’’ and ‘‘high and adverse impact’’ on minority or low-income populations. FMCSA analyzed this action under NEPA and found the action to be categorically excluded from analysis due to the lack of impact to the environment. This final rule simply updates an incorporation by reference and would not result in high and adverse environmental impacts. Energy Supply, Distribution, or Use (E.O. 13211) FMCSA has analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. FMCSA has determined that it is not a ‘‘significant energy action’’ under that E.O. because it is not a ‘‘significant regulatory action’’ under E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, the rule does not require a Statement of Energy Effects under E.O. 13211. Indian Tribal Governments (E.O. 13175) This rule does not have tribal implications under E.O. 13175, VerDate Sep<11>2014 12:50 Jun 17, 2015 Jkt 235001 Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. National Technology Transfer and Advancement Act (Technical Standards) and 1 CFR Part 51 The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because FMCSA does not intend to adopt its own technical standards, there is no need to submit a separate statement to OMB on this matter. The standard incorporated by reference is discussed in detail in section III. Background and is reasonably available through the CSVA Web site. 34841 2. Revise § 385.4(b)(1) to read as follows: ■ § 385.4 Matter incorporated by reference. * * * * * (b) * * * (1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403,’’ April 1, 2015; incorporation by reference approved for § 385.415(b). * * * * * Issued under the authority of delegation in 49 CFR 1.87 on: June 5, 2015. T. F. Scott Darling, III, Chief Counsel. [FR Doc. 2015–14961 Filed 6–17–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 E-Government Act of 2002 [Docket No. 150105004–5355–01] The E-Government Act of 2002, Public Law 107–347, section 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a privacy impact assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a privacy impact assessment. RIN 0648–XD984 List of Subjects in 49 CFR Part 385 Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA is amending 49 CFR chapter III, part 385 as set forth below: PART 385—SAFETY FITNESS PROCEDURES 1. The authority citation for part 385 continues to read as follows: ■ Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901–13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub. L. 104–88; Sec. 350 of Pub. L. 107–87; and 49 CFR 1.87. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession Limit Adjustments for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: This action decreases the possession and landing limit for Gulf of Maine cod to zero for Northeast multispecies common pool vessels for the remainder of the 2015 fishing year. NMFS is taking this action because the common pool has caught 44.5 percent of its Trimester 1 Total Allowable Catch Gulf of Maine cod quota in the first month of the trimester. This action is intended to prevent the overharvest of the common pool’s fishing year 2015 allocation of Gulf of Maine cod and prevent the closure of the Gulf of Maine to all common pool vessels before the end of the Trimester. DATES: Effective June 15, 2015, through April 30, 2016. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, 978–282–8493. SUMMARY: E:\FR\FM\18JNR1.SGM 18JNR1 34842 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE) multispecies fishery are found at 50 CFR part 648, subpart F. The regulations at 50 CFR 648.86(o) authorize the Regional Administrator (RA) to adjust the possession limits for common pool vessels in order to prevent the overharvest or underharvest of the common pool quotas. Based on data reported through May 25, 2015, 44.5 percent of the common pool trimester Total Allowable Catch (TAC) of 1.5 mt, and 12 percent of the sub-Annual Catch Limit (sub-ACL) of 5.6 mt for Gulf of Maine (GOM) cod has been caught. Recent analysis shows that the common pool would likely exceed its Trimester TAC for the GOM cod stock before the end of June if action is not taken, which would result in the closure of the GOM cod Trimester TAC Area. We are reducing the possession limit and trip limit for GOM cod to zero. The possession limit and trip limit adjustments are effective June 15, 2015, through April 30, 2016. If a vessel has declared its trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to the effective date, it will not be subject to the new trip limits for that trip. Under a zero possession limit, the bycatch and discard of GOM cod will continue to be accounted for. On observed common pool trips, observers record actual discards; unobserved trips receive the assumed discard rate based on observed trips. The assumed discard rate is applied based on the pounds of all landed species, which means that even at a zero possession limit for GOM cod, the cumulative catch of GOM cod VerDate Sep<11>2014 12:50 Jun 17, 2015 Jkt 235001 (which includes both landed and discards) will continue to increase. If vessels respond to this action by vigorously redirecting onto other NE multispecies, the landing of those species and the associated assumed discards of GOM cod could push the cumulative catch of GOM cod closer to 90 percent of the Trimester TAC, potentially triggering the closure of the GOM cod Trimester TAC Area. Alternatively, this action could cause a reduction of common pool fishing effort in the GOM, leading to less bycatch and discard of GOM cod, if the zero possession limit makes it uneconomical for some trips to occur. Weekly quota monitoring reports for the common pool fishery can be found on our Web site at: https:// www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealerreported landings, vessel monitoring system catch reports, VMS catch reports, and other available information, and if necessary, we will make additional adjustments to common pool management measures. Classification This action is required by 50 CFR part 648, and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. Pursuant to 5 U.S.C. 553(d)(3), the AA also finds good cause to waive the 30-day delayed effectiveness period. PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 The regulations at § 648.86(o) authorize the RA to adjust the NE multispecies trip limits for common pool vessels in order to prevent the overharvest or underharvest of the common pool quotas. The catch data and analysis used as the basis for this action only became available on June 1, 2015. The available analysis indicates that if the GOM cod trip limits are not reduced immediately, the common pool fishery will likely exceed its Trimester TAC for this stock. As a result, this action reduces the likelihood that the RA will be required to close a significant portion of the GOM to the common pool fishery. Any overages of the common pool quota for this stock would undermine conservation objectives and trigger the implementation of accountability measures that would have negative economic impacts on the common pool vessels. As a result, the time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from implementing the necessary trip limit adjustments in a timely manner, which could undermine conservation objectives of the NE Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: June 12, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–14942 Filed 6–15–15; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34841-34842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14942]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150105004-5355-01]
RIN 0648-XD984


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Possession Limit Adjustments for the Common Pool 
Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: This action decreases the possession and landing limit for 
Gulf of Maine cod to zero for Northeast multispecies common pool 
vessels for the remainder of the 2015 fishing year. NMFS is taking this 
action because the common pool has caught 44.5 percent of its Trimester 
1 Total Allowable Catch Gulf of Maine cod quota in the first month of 
the trimester. This action is intended to prevent the overharvest of 
the common pool's fishing year 2015 allocation of Gulf of Maine cod and 
prevent the closure of the Gulf of Maine to all common pool vessels 
before the end of the Trimester.

DATES: Effective June 15, 2015, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, 978-282-8493.

[[Page 34842]]


SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE) 
multispecies fishery are found at 50 CFR part 648, subpart F. The 
regulations at 50 CFR 648.86(o) authorize the Regional Administrator 
(RA) to adjust the possession limits for common pool vessels in order 
to prevent the overharvest or underharvest of the common pool quotas.
    Based on data reported through May 25, 2015, 44.5 percent of the 
common pool trimester Total Allowable Catch (TAC) of 1.5 mt, and 12 
percent of the sub-Annual Catch Limit (sub-ACL) of 5.6 mt for Gulf of 
Maine (GOM) cod has been caught. Recent analysis shows that the common 
pool would likely exceed its Trimester TAC for the GOM cod stock before 
the end of June if action is not taken, which would result in the 
closure of the GOM cod Trimester TAC Area. We are reducing the 
possession limit and trip limit for GOM cod to zero. The possession 
limit and trip limit adjustments are effective June 15, 2015, through 
April 30, 2016. If a vessel has declared its trip through the vessel 
monitoring system (VMS) or interactive voice response system, and 
crossed the VMS demarcation line prior to the effective date, it will 
not be subject to the new trip limits for that trip.
    Under a zero possession limit, the bycatch and discard of GOM cod 
will continue to be accounted for. On observed common pool trips, 
observers record actual discards; unobserved trips receive the assumed 
discard rate based on observed trips. The assumed discard rate is 
applied based on the pounds of all landed species, which means that 
even at a zero possession limit for GOM cod, the cumulative catch of 
GOM cod (which includes both landed and discards) will continue to 
increase. If vessels respond to this action by vigorously redirecting 
onto other NE multispecies, the landing of those species and the 
associated assumed discards of GOM cod could push the cumulative catch 
of GOM cod closer to 90 percent of the Trimester TAC, potentially 
triggering the closure of the GOM cod Trimester TAC Area. 
Alternatively, this action could cause a reduction of common pool 
fishing effort in the GOM, leading to less bycatch and discard of GOM 
cod, if the zero possession limit makes it uneconomical for some trips 
to occur.
    Weekly quota monitoring reports for the common pool fishery can be 
found on our Web site at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We 
will continue to monitor common pool catch through vessel trip reports, 
dealer-reported landings, vessel monitoring system catch reports, VMS 
catch reports, and other available information, and if necessary, we 
will make additional adjustments to common pool management measures.

Classification

    This action is required by 50 CFR part 648, and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be impracticable and 
contrary to the public interest. Pursuant to 5 U.S.C. 553(d)(3), the AA 
also finds good cause to waive the 30-day delayed effectiveness period.
    The regulations at Sec.  648.86(o) authorize the RA to adjust the 
NE multispecies trip limits for common pool vessels in order to prevent 
the overharvest or underharvest of the common pool quotas. The catch 
data and analysis used as the basis for this action only became 
available on June 1, 2015. The available analysis indicates that if the 
GOM cod trip limits are not reduced immediately, the common pool 
fishery will likely exceed its Trimester TAC for this stock. As a 
result, this action reduces the likelihood that the RA will be required 
to close a significant portion of the GOM to the common pool fishery. 
Any overages of the common pool quota for this stock would undermine 
conservation objectives and trigger the implementation of 
accountability measures that would have negative economic impacts on 
the common pool vessels. As a result, the time necessary to provide for 
prior notice and comment, and a 30-day delay in effectiveness, would 
prevent NMFS from implementing the necessary trip limit adjustments in 
a timely manner, which could undermine conservation objectives of the 
NE Multispecies Fishery Management Plan, and cause negative economic 
impacts to the common pool fishery.

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

    Dated: June 12, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-14942 Filed 6-15-15; 8:45 am]
 BILLING CODE 3510-22-P

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