Control Date for the Trawl Limited Access Fishery for Yellowfin Sole in the Bering Sea and Aleutian Islands, 72408-72409 [2015-29535]
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Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
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discretionary authority to address, as
appropriate, disproportionate human
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practicable and legally permissible
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In addition, this action proposing
approval of the District of Columbia
regulation to limit NOX emissions from
non-EGUs subject to the NOX SIP Call
and approval of a related definition and
abbreviation, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
rmajette on DSK2TPTVN1PROD with PROPOSALS
Authority: 42 U.S.C. 7401 et seq.
Dated: November 6, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015–29369 Filed 11–18–15; 8:45 am]
BILLING CODE 6560–50–P
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14:08 Nov 18, 2015
Jkt 238001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 151027997–5997–01]
RIN 0648–BF48
Control Date for the Trawl Limited
Access Fishery for Yellowfin Sole in
the Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); control date.
AGENCY:
At the request of the North
Pacific Fishery Management Council
(Council), this document announces a
control date of October 13, 2015, that
may be used as a reference date for a
future management action to limit
future access to the offshore sector of
the Bering Sea and Aleutian Islands
(BSAI) trawl limited access fishery for
yellowfin sole. This date corresponds to
the date the Council announced its
intent to evaluate participation and
effort in response to a public request to
consider further limits on access to the
offshore sector of the BSAI trawl limited
access fishery for yellowfin sole. This
document is intended to promote
awareness of possible rulemaking and
provide notice to the public that any
participation in the offshore sector of
the BSAI trawl limited access fishery for
yellowfin sole after the control date may
not ensure continued access to that
fishery under a future management
action. This document is also intended
to discourage speculative entry into the
fishery while the Council considers
whether and how access to the fishery
may be further limited under a future
management action.
DATES: October 13, 2015, shall be known
as the control date for the offshore
sector of the BSAI trawl limited access
fishery for yellowfin sole and may be
used as a reference for participation in
a future management action that is
consistent with the Council’s objectives
and applicable Federal laws.
FOR FURTHER INFORMATION CONTACT:
Rachel Baker: 907–586–7228 or
rachel.baker@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
U.S. exclusive economic zone (EEZ) of
the BSAI under the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). The Council
SUMMARY:
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
prepared, and NMFS approved, the FMP
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), 16 U.S.C. 1801 et seq. Regulations
governing U.S. fisheries and
implementing the FMP appear at 50
CFR parts 600 and 679.
This advance notice of proposed
rulemaking would apply to owners and
operators of vessels that participate in
the Federal fishery for yellowfin sole
with trawl gear in the offshore sector of
the BSAI. The BSAI is defined at § 679.2
and shown in Figure 1 to 50 CFR part
679.
Vessels that participate in the offshore
sector of the BSAI trawl limited access
fishery for yellowfin sole include
catcher vessels, catcher/processors, and
motherships. Catcher vessels participate
in the offshore sector by delivering
yellowfin sole to catcher/processors or
motherships for processing. Catcher/
processors participate in the offshore
sector by catching and processing
yellowfin sole or by receiving and
processing deliveries of yellowfin sole
from catcher vessels. Motherships
participate in the offshore sector by
receiving and processing deliveries of
yellowfin sole from catcher vessels. This
advance notice of proposed rulemaking
would not apply to owners and
operators of trawl catcher vessels that
participate in the inshore sector of the
BSAI trawl limited access fishery for
yellowfin sole, i.e., vessels that deliver
yellowfin sole to shoreside processors
rather than to catcher/processors or
motherships.
The Council and NMFS annually
establish biological thresholds and
annual total allowable catch limits for
groundfish species, such as yellowfin
sole, to sustainably manage the
groundfish fisheries in the BSAI. To
achieve these objectives, NMFS requires
vessel operators participating in BSAI
groundfish fisheries to comply with
various regulatory restrictions, such as
fishery closures, to maintain catch
within specified total allowable catch
limits. The BSAI groundfish fishery
restrictions also include prohibited
species catch (PSC) limits for Pacific
halibut that generally require halibut to
be discarded when harvested. When
harvest of halibut PSC reaches the
specified halibut PSC limit for that
fishery, NMFS closes directed fishing
for the target groundfish species, even if
the total allowable catch limit for that
species has not been harvested. The
Council and NMFS have long sought to
control fishing effort in the North
Pacific Ocean to ensure that fisheries are
conservatively managed and do not
exceed established biological
E:\FR\FM\19NOP1.SGM
19NOP1
Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules
rmajette on DSK2TPTVN1PROD with PROPOSALS
thresholds. One of the measures used by
the Council and NMFS is the license
limitation program (LLP) which limits
access to the groundfish, crab, and
scallop fisheries in the BSAI and the
Gulf of Alaska. The LLP is intended to
limit entry into federally managed
fisheries. For groundfish, the LLP
requires that persons hold and assign a
license to each vessel that is used to fish
in federally managed fisheries, with
some limited exemptions. The preamble
to the final rule implementing the
groundfish LLP provides a more
detailed explanation of the rationale for
specific provisions in the LLP (October
1, 1998; 63 FR 52642).
On October 13, 2015, the Council
received public testimony from
participants in the offshore sector of the
BSAI trawl limited access fishery for
yellowfin sole. These participants
indicated that several new vessels
entered the fishery during 2015. The
testimony indicated that this new entry
may negatively impact the ability of
historical participants to maintain
yellowfin sole harvests and may
increase halibut PSC in the fishery.
After considering this public
testimony, the Council stated its intent
to evaluate participation and effort in
the BSAI trawl limited access fishery for
VerDate Sep<11>2014
14:08 Nov 18, 2015
Jkt 238001
yellowfin sole in response to a potential
need to limit entry in the offshore sector
of that fishery. To dampen the effect of
speculative entry into the offshore
sector of the BSAI trawl limited access
fishery for yellowfin sole in anticipation
of potential future action to further limit
access to the fishery, the Council
announced a control date of October 13,
2015. The control date may be used as
a reference date for a future
management action to further limit
access to the offshore trawl limited
access fishery for yellowfin sole in the
BSAI. The Council clarified that the
control date would not obligate the
Council to use this control date in any
future management action. Further, the
control date would not obligate the
Council to take any action or prevent
the Council from selecting another
control date. Accordingly, this
document is intended to promote
awareness that the Council may develop
a future management action to achieve
its objectives for the offshore sector of
the BSAI trawl limited access fishery for
yellowfin sole; to provide notice to the
public that any current or future access
to the offshore sector of the BSAI trawl
limited access fishery for yellowfin sole
may be affected or restricted; and to
discourage speculative participation and
PO 00000
Frm 00052
Fmt 4702
Sfmt 9990
72409
behavior in the fishery while the
Council considers whether to initiate a
management action to further limit
access to the fishery. Any measures the
Council considers may require changes
to the FMP. Such measures may be
adopted in a future amendment to the
FMP, which would include opportunity
for further public participation and
comment.
NMFS encourages public
participation in the Council’s
consideration of a management action to
further limit access to the offshore
sector of the BSAI trawl limited access
fishery for yellowfin sole. Please consult
the Council’s Web site at https://www.
npfmc.org/ for information on public
participation in the Council’s decisionmaking process.
This notification and control date do
not impose any legal obligations,
requirements, or expectations.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 16, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–29535 Filed 11–18–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19NOP1.SGM
19NOP1
]]>Agencies
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Proposed Rules]
[Pages 72408-72409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29535]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 151027997-5997-01]
RIN 0648-BF48
Control Date for the Trawl Limited Access Fishery for Yellowfin
Sole in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); control date.
-----------------------------------------------------------------------
SUMMARY: At the request of the North Pacific Fishery Management Council
(Council), this document announces a control date of October 13, 2015,
that may be used as a reference date for a future management action to
limit future access to the offshore sector of the Bering Sea and
Aleutian Islands (BSAI) trawl limited access fishery for yellowfin
sole. This date corresponds to the date the Council announced its
intent to evaluate participation and effort in response to a public
request to consider further limits on access to the offshore sector of
the BSAI trawl limited access fishery for yellowfin sole. This document
is intended to promote awareness of possible rulemaking and provide
notice to the public that any participation in the offshore sector of
the BSAI trawl limited access fishery for yellowfin sole after the
control date may not ensure continued access to that fishery under a
future management action. This document is also intended to discourage
speculative entry into the fishery while the Council considers whether
and how access to the fishery may be further limited under a future
management action.
DATES: October 13, 2015, shall be known as the control date for the
offshore sector of the BSAI trawl limited access fishery for yellowfin
sole and may be used as a reference for participation in a future
management action that is consistent with the Council's objectives and
applicable Federal laws.
FOR FURTHER INFORMATION CONTACT: Rachel Baker: 907-586-7228 or
rachel.baker@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
U.S. exclusive economic zone (EEZ) of the BSAI under the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (FMP). The Council prepared, and NMFS approved, the FMP
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and implementing the FMP appear at
50 CFR parts 600 and 679.
This advance notice of proposed rulemaking would apply to owners
and operators of vessels that participate in the Federal fishery for
yellowfin sole with trawl gear in the offshore sector of the BSAI. The
BSAI is defined at Sec. 679.2 and shown in Figure 1 to 50 CFR part
679.
Vessels that participate in the offshore sector of the BSAI trawl
limited access fishery for yellowfin sole include catcher vessels,
catcher/processors, and motherships. Catcher vessels participate in the
offshore sector by delivering yellowfin sole to catcher/processors or
motherships for processing. Catcher/processors participate in the
offshore sector by catching and processing yellowfin sole or by
receiving and processing deliveries of yellowfin sole from catcher
vessels. Motherships participate in the offshore sector by receiving
and processing deliveries of yellowfin sole from catcher vessels. This
advance notice of proposed rulemaking would not apply to owners and
operators of trawl catcher vessels that participate in the inshore
sector of the BSAI trawl limited access fishery for yellowfin sole,
i.e., vessels that deliver yellowfin sole to shoreside processors
rather than to catcher/processors or motherships.
The Council and NMFS annually establish biological thresholds and
annual total allowable catch limits for groundfish species, such as
yellowfin sole, to sustainably manage the groundfish fisheries in the
BSAI. To achieve these objectives, NMFS requires vessel operators
participating in BSAI groundfish fisheries to comply with various
regulatory restrictions, such as fishery closures, to maintain catch
within specified total allowable catch limits. The BSAI groundfish
fishery restrictions also include prohibited species catch (PSC) limits
for Pacific halibut that generally require halibut to be discarded when
harvested. When harvest of halibut PSC reaches the specified halibut
PSC limit for that fishery, NMFS closes directed fishing for the target
groundfish species, even if the total allowable catch limit for that
species has not been harvested. The Council and NMFS have long sought
to control fishing effort in the North Pacific Ocean to ensure that
fisheries are conservatively managed and do not exceed established
biological
[[Page 72409]]
thresholds. One of the measures used by the Council and NMFS is the
license limitation program (LLP) which limits access to the groundfish,
crab, and scallop fisheries in the BSAI and the Gulf of Alaska. The LLP
is intended to limit entry into federally managed fisheries. For
groundfish, the LLP requires that persons hold and assign a license to
each vessel that is used to fish in federally managed fisheries, with
some limited exemptions. The preamble to the final rule implementing
the groundfish LLP provides a more detailed explanation of the
rationale for specific provisions in the LLP (October 1, 1998; 63 FR
52642).
On October 13, 2015, the Council received public testimony from
participants in the offshore sector of the BSAI trawl limited access
fishery for yellowfin sole. These participants indicated that several
new vessels entered the fishery during 2015. The testimony indicated
that this new entry may negatively impact the ability of historical
participants to maintain yellowfin sole harvests and may increase
halibut PSC in the fishery.
After considering this public testimony, the Council stated its
intent to evaluate participation and effort in the BSAI trawl limited
access fishery for yellowfin sole in response to a potential need to
limit entry in the offshore sector of that fishery. To dampen the
effect of speculative entry into the offshore sector of the BSAI trawl
limited access fishery for yellowfin sole in anticipation of potential
future action to further limit access to the fishery, the Council
announced a control date of October 13, 2015. The control date may be
used as a reference date for a future management action to further
limit access to the offshore trawl limited access fishery for yellowfin
sole in the BSAI. The Council clarified that the control date would not
obligate the Council to use this control date in any future management
action. Further, the control date would not obligate the Council to
take any action or prevent the Council from selecting another control
date. Accordingly, this document is intended to promote awareness that
the Council may develop a future management action to achieve its
objectives for the offshore sector of the BSAI trawl limited access
fishery for yellowfin sole; to provide notice to the public that any
current or future access to the offshore sector of the BSAI trawl
limited access fishery for yellowfin sole may be affected or
restricted; and to discourage speculative participation and behavior in
the fishery while the Council considers whether to initiate a
management action to further limit access to the fishery. Any measures
the Council considers may require changes to the FMP. Such measures may
be adopted in a future amendment to the FMP, which would include
opportunity for further public participation and comment.
NMFS encourages public participation in the Council's consideration
of a management action to further limit access to the offshore sector
of the BSAI trawl limited access fishery for yellowfin sole. Please
consult the Council's Web site at https://www.npfmc.org/ for information
on public participation in the Council's decision-making process.
This notification and control date do not impose any legal
obligations, requirements, or expectations.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 16, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-29535 Filed 11-18-15; 8:45 am]
BILLING CODE 3510-22-P
