Control Date for the Trawl Limited Access Fishery for Yellowfin Sole in the Bering Sea and Aleutian Islands, 72408-72409 [2015-29535]

Download as PDF 72408 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 be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 VerDate Sep<11>2014 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 http://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.

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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 http://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