Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Eel Fishery, 52033-52034 [2015-21228]

Download as PDF Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices improve the competitiveness and performance of U.S. organizations for the benefit of all U.S. residents. The Baldrige Program and its Malcolm Baldrige National Quality Award were created by Public Law 100–107 (The Malcolm Baldrige National Quality Improvement Act of 1987) and signed into law on August 20, 1987. II. Method of Collection Senior leaders interested in applying for selection as a Baldrige Fellow must mail the following package of material directly to the Baldrige Program: ´ 1. A resume, including email, postal address, and telephone contact information; and the name and email address of an assistant or alternate contact person 2. An organizational chart that includes names and titles showing the applicant’s position within the organization 3. A recommendation letter from the applicant’s highest-ranking official showing the organization’s support of his/her participation in the program 4. A list of key competitors (in order that the Baldrige Program may avoid creating a cohort that would be unable to share effectively due to competitive situations) Fax is also acceptable. The NIST Secure File Transfer Service (‘‘N-files’’) is also made available for applicants who wish to electronically submit materials that include personally identifiable information. Information is collected one time per year (typically in September–December) for each cohort of Fellows. Information is need to make selection decisions that are based on (1) sector mix, (2) appropriate level within the organization, (3) likelihood to follow through, (4) diversity, and (5) no direct competitors with participating award recipients or other Fellows. rmajette on DSK2VPTVN1PROD with NOTICES III. Data OMB Control Number: #0693–XXXX. Form Number(s): None. Type of Review: Regular submission. Affected Public: Any senior or midlevel leader from business or other forprofit organizations; not-for-profit institutions; state, local, or tribal government; Federal government. Estimated Number of Respondents: 15 per year. Estimated Time per Response: 1 hour to gather materials. Estimated Total Annual Burden Hours: 15 hours. Estimated Total Annual Cost to Public: $0. VerDate Sep<11>2014 15:08 Aug 26, 2015 Jkt 235001 IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 21, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2015–21214 Filed 8–26–15; 8:45 am] BILLING CODE 3510–13–P after receiving the referral. If NMFS determines that Delaware failed to carry out its responsibilities under the Coastal American Eel ISFMP, and if the measures it failed to implement are necessary for conservation, then, according to the Atlantic Coastal Act, NMFS must declare a moratorium on fishing for American eel in Delaware waters. Comments must be submitted by September 11, 2015. NMFS intends to make a determination on this matter by September 18, 2015, and will publish its findings in the Federal Register immediately thereafter. ADDRESSES: Written comments should be sent to Derek Orner, Office of Sustainable Fisheries, NMFS, 1315 EastWest Highway, Room 13325, Silver Spring, MD 20910. Mark the outside of the envelope ‘‘Comments on American eel Non-Compliance.’’ Comments may also be sent via fax to (301) 713–0596 or by email to derek.orner@noaa.gov. FOR FURTHER INFORMATION CONTACT: Derek Orner, Fishery Management Specialist, NMFS Office of Sustainable Fisheries, (301) 427–8567, derek.orner@noaa.gov. DATES: The 2012 Benchmark Stock Assessment for American eel found that the American eel population in U.S. waters is depleted. The assessment concluded that the stock is at or near historically low levels due to a combination of historical overfishing, habitat loss and alteration, productivity and food web alterations, predation, turbine mortality, changing climatic and oceanic conditions, toxins and contaminants, and disease. As a result, the Commission took action to reduce mortality and limit further development of this fishery. In order to achieve the conservation goals and objectives of the ISFMP, states were to effectively implement the following actions: A 9″ minimum size for yellow eel (the life stage when eels are typically harvested as bait) recreational and commercial fisheries; 1⁄2″ x 1⁄2″ minimum mesh size for yellow eel pots; Allowance of 4″ x 4″ escape panel in post of 1⁄2″ x 1⁄2″ mesh for 3 years (beginning on January 1, 2014); and, Recreational 25 fish bag limit per day per angler. On August 6, 2015, the Commission found the State of Delaware out of compliance for not fully and effectively implementing and enforcing these measures. The Commission subsequently referred its non-compliance finding to NMFS on August 19, 2015. Federal response to a Commission non-compliance referral is governed by SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE145 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Eel Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of non-compliance referral; request for comments. AGENCY: NMFS announces that on August 6, 2015, the Atlantic States Marine Fisheries Commission (Commission) found the State of Delaware out of compliance with the Commission’s Interstate Fishery Management Plan (ISFMP) for American Eel. Subsequently, on August 19, 2015, the Commission referred the matter to NMFS, under delegation of authority from the Secretary of Commerce, for federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS must review the Commission’s noncompliance referral and make specific findings by September 18, 2015, 30 days SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 52033 E:\FR\FM\27AUN1.SGM 27AUN1 52034 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices rmajette on DSK2VPTVN1PROD with NOTICES the Atlantic Coastal Act. Under the Atlantic Coastal Act, the Secretary of Commerce (Secretary) must make two findings within 30 days after receiving the non-compliance referral. First, the Secretary must determine whether the state in question (in this case, Delaware) has failed to carry out its responsibilities under the ISFMP. Second, the Secretary must determine whether the measures that the State has failed to implement or enforce are necessary for the conservation of the fishery in question. If the Secretary of Commerce makes affirmative findings on both criteria, then the Secretary must implement a moratorium on fishing in the fishery in question (in this case American eel) within the waters of the non-complying state (in this case, Delaware). Further, the moratorium must become effective within six months of the date of the Secretary’s non-compliance determination. To the extent that the allegedly offending state later implements the involved measure, the Atlantic Coastal Act allows the state to petition the Commission that it has come back into compliance, and if the Commission concurs, the Commission will notify the Secretary and, if the Secretary concurs, the moratorium will be withdrawn. The Secretary has delegated Atlantic Coastal Act authorities to the Assistant Administrator for Fisheries at NMFS. NMFS has notified the State of Delaware, the Commission, and the Mid-Atlantic Fishery Management Council in separate letters, of its receipt of the Commission’s non-compliance referral. In the letters, NMFS solicits comments from the Commission and Councils to the extent either entity is interested in providing such comments. NMFS also indicated to the State of Delaware that the State is entitled to meet with and present its comments directly to NMFS if the State so desires. NMFS intends to make its noncompliance determination on or about September 18, 2015, which is 30 days after receipt of the Commission’s noncompliance referral. NMFS will announce its determination by Federal Register notice immediately thereafter. To the extent that NMFS makes an affirmative non-compliance finding, NMFS will announce the effective date of the moratorium in that Federal Register notice. Authority: 16 U.S.C. 5101 et seq. Dated: August 21, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–21228 Filed 8–26–15; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:08 Aug 26, 2015 Jkt 235001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC268 Marine Mammals; File No. 16239 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Dan Engelhaupt, Ph.D., HDR EOC, 5700 Lake Wright Drive, Norfolk, VA 23502– 1859, has applied for an amendment to Scientific Research Permit No. 16239. DATES: Written, telefaxed, or email comments must be received on or before September 28, 2015. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 16239 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Courtney Smith, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 16239 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). Permit No. 16239, issued on September 11, 2013 (78 FR 60852), authorizes the permit holder to harass cetacean and pinniped species during vessel and aerial survey activities, including behavioral observations and photo-identification. Cetacean species may also be harassed during underwater photography and collection of sloughed skin and fecal samples. Surveys may be conducted year-round in all U.S. and international waters in the Pacific Ocean (including Alaska, Washington, Oregon, California, Hawaii, Guam, Marianas Islands, and other U.S. territories) and Atlantic Ocean (including the Gulf of Mexico, western North Atlantic, Caribbean Sea, and Sargasso Seas). The permit expires September 30, 2018. The permit holder is requesting the permit be amended to include authorization for: (1) Increasing takes for some species during aerial and vessel visual surveys to document presence/ absence, behavior, and movement of marine mammals before, during, and after Naval training exercise operations, offshore energy installations, oil and gas exploration and production, and pier refurbishment/replacement; (2) collecting biopsy samples to document genetic variation within populations, gender, foraging patterns, and stress levels; and (3) using multiple tag types, including satellite and digital acoustic tags, to document movement and dive patterns, social and population structure, and habitat use. See tables in the permit amendment application for numbers of takes by species, stock and activity. The research would be conducted to collect data on population and genetic variations and habitat use, and to monitor behavioral changes during activities associated with U.S. Navy, renewable energy, oil and gas exploration and production, and pierbased construction. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Pages 52033-52034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21228]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE145


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Eel Fishery

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

ACTION: Notice of non-compliance referral; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that on August 6, 2015, the Atlantic States 
Marine Fisheries Commission (Commission) found the State of Delaware 
out of compliance with the Commission's Interstate Fishery Management 
Plan (ISFMP) for American Eel. Subsequently, on August 19, 2015, the 
Commission referred the matter to NMFS, under delegation of authority 
from the Secretary of Commerce, for federal non-compliance review under 
the provisions of the Atlantic Coastal Fisheries Cooperative Management 
Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS 
must review the Commission's non-compliance referral and make specific 
findings by September 18, 2015, 30 days after receiving the referral. 
If NMFS determines that Delaware failed to carry out its 
responsibilities under the Coastal American Eel ISFMP, and if the 
measures it failed to implement are necessary for conservation, then, 
according to the Atlantic Coastal Act, NMFS must declare a moratorium 
on fishing for American eel in Delaware waters.

DATES: Comments must be submitted by September 11, 2015. NMFS intends 
to make a determination on this matter by September 18, 2015, and will 
publish its findings in the Federal Register immediately thereafter.

ADDRESSES: Written comments should be sent to Derek Orner, Office of 
Sustainable Fisheries, NMFS, 1315 East-West Highway, Room 13325, Silver 
Spring, MD 20910. Mark the outside of the envelope ``Comments on 
American eel Non-Compliance.'' Comments may also be sent via fax to 
(301) 713-0596 or by email to derek.orner@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Derek Orner, Fishery Management 
Specialist, NMFS Office of Sustainable Fisheries, (301) 427-8567, 
derek.orner@noaa.gov.

SUPPLEMENTARY INFORMATION: The 2012 Benchmark Stock Assessment for 
American eel found that the American eel population in U.S. waters is 
depleted. The assessment concluded that the stock is at or near 
historically low levels due to a combination of historical overfishing, 
habitat loss and alteration, productivity and food web alterations, 
predation, turbine mortality, changing climatic and oceanic conditions, 
toxins and contaminants, and disease. As a result, the Commission took 
action to reduce mortality and limit further development of this 
fishery. In order to achieve the conservation goals and objectives of 
the ISFMP, states were to effectively implement the following actions: 
A 9'' minimum size for yellow eel (the life stage when eels are 
typically harvested as bait) recreational and commercial fisheries; \1/
2\'' x \1/2\'' minimum mesh size for yellow eel pots; Allowance of 4'' 
x 4'' escape panel in post of \1/2\'' x \1/2\'' mesh for 3 years 
(beginning on January 1, 2014); and, Recreational 25 fish bag limit per 
day per angler. On August 6, 2015, the Commission found the State of 
Delaware out of compliance for not fully and effectively implementing 
and enforcing these measures. The Commission subsequently referred its 
non-compliance finding to NMFS on August 19, 2015.
    Federal response to a Commission non-compliance referral is 
governed by

[[Page 52034]]

the Atlantic Coastal Act. Under the Atlantic Coastal Act, the Secretary 
of Commerce (Secretary) must make two findings within 30 days after 
receiving the non-compliance referral. First, the Secretary must 
determine whether the state in question (in this case, Delaware) has 
failed to carry out its responsibilities under the ISFMP. Second, the 
Secretary must determine whether the measures that the State has failed 
to implement or enforce are necessary for the conservation of the 
fishery in question. If the Secretary of Commerce makes affirmative 
findings on both criteria, then the Secretary must implement a 
moratorium on fishing in the fishery in question (in this case American 
eel) within the waters of the non-complying state (in this case, 
Delaware). Further, the moratorium must become effective within six 
months of the date of the Secretary's non-compliance determination. To 
the extent that the allegedly offending state later implements the 
involved measure, the Atlantic Coastal Act allows the state to petition 
the Commission that it has come back into compliance, and if the 
Commission concurs, the Commission will notify the Secretary and, if 
the Secretary concurs, the moratorium will be withdrawn. The Secretary 
has delegated Atlantic Coastal Act authorities to the Assistant 
Administrator for Fisheries at NMFS.
    NMFS has notified the State of Delaware, the Commission, and the 
Mid-Atlantic Fishery Management Council in separate letters, of its 
receipt of the Commission's non-compliance referral. In the letters, 
NMFS solicits comments from the Commission and Councils to the extent 
either entity is interested in providing such comments. NMFS also 
indicated to the State of Delaware that the State is entitled to meet 
with and present its comments directly to NMFS if the State so desires.
    NMFS intends to make its non-compliance determination on or about 
September 18, 2015, which is 30 days after receipt of the Commission's 
non-compliance referral. NMFS will announce its determination by 
Federal Register notice immediately thereafter. To the extent that NMFS 
makes an affirmative non-compliance finding, NMFS will announce the 
effective date of the moratorium in that Federal Register notice.

    Authority:  16 U.S.C. 5101 et seq.

    Dated: August 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-21228 Filed 8-26-15; 8:45 am]
BILLING CODE 3510-22-P

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