Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Recreational Management Measures, 14817-14820 [2016-06179]
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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules
(CAL–BF–1) and one grab sample of offsite topsoil (CA–TPSL–01) were
collected to confirm that the backfill
material and topsoil did not contain
contaminants above levels of concern.
The samples were analyzed for VOCs,
SVOCs, and metals (arsenic, barium,
cadmium, chromium, lead, mercury,
selenium, and silver). Laboratory results
demonstrated that the backfill and
topsoil samples did not contain any
contaminants above current EPA RSLs.
Following completion of backfilling,
the site was restored in accordance with
verbal agreements between the EPA and
the property owner. The excavated area
was completed with a swale that
included rip-rap to serve as a drainage
route, while the remaining portion of
the site property was restored by hydroseeding. The swale was approximately 8
feet wide by 150 feet long, and the rock
used for rip-rap was 6 to 8 inch Gabien
stone. Following completion of site
restoration activities, the removal action
was considered complete.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Cleanup Levels
The cleanup levels for the Callahan
RA were the current EPAs RSLs. The
process used during the RA was to
excavate all visibly stained and/or
odorous soils then field screen the
excavation walls using an XRF and a
PID. Once completed, confirmation soil
samples were collected and submitted
for analysis to ensure that all
contaminants above RSLs had been
excavated and removed from the site.
Once the confirmation analytical results
confirmed that levels were below RSLs,
the excavated area was backfilled with
clean material.
Community Involvement
The EPA has worked extensively with
the Wildwood community through a
variety of communication vehicles
including but not limited to local
speaking engagements, city council
meetings, conducting public meetings,
coverage on radio, television, and in
local and national newspapers. The EPA
also prepared letters and fact sheets that
were distributed to mailing list
recipients as well as hand-distributed to
residences including information on the
EPA Web site.
The EPA has been performing
outreach to Wildwood citizens, elected
officials, the media, and others since
becoming involved in the project in
1980 in an effort to convey information
about the hazards and activities of the
Site. The EPA has participated in
numerous formal and informal meetings
to explain the EPA’s role and
commitment in Wildwood to convey
information about the Superfund
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process and to provide general
information about the site and its
contamination.
Determination That the Criteria for
Deletion Have Been Met
In accordance with 40 CFR
300.425(e), Region 7 of the EPA finds
that the Callahan property, OU3 of the
Ellisville Superfund site (the subject of
this deletion) meets the substantive
criteria for partial NPL deletions.
Activities at the Callahan property were
completed consistent with the Action
Memo and the Statement of Work, and
the EPA policies and procedures. The
EPA analytical methods were used for
all investigations, including
confirmation sampling and various
levels of data validation as appropriate.
The QA/QC program was rigorous and
in conformance with the EPA standards.
The EPA has determined that all
analytical results were accurate to the
degree necessary to assure satisfactory
execution of the investigation and
removal activities. All confirmation
analytical results for soil samples were
compared to the current EPA RSLs. All
results were below the EPA RSLs except
those for arsenic; however, all arsenic
results were below the average
concentration of 10.561 ppm for St.
Louis County soils (USGS 2012).
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Dated: February 26, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016–06221 Filed 3–17–16; 8:45 am]
BILLING CODE 6560–50–P
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14817
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160120042–6042–01]
RIN 0648–BF69
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Recreational
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Supplemental notice of
proposed rulemaking; extension of
comment period.
AGENCY:
This action corrects an error
in the Gulf of Maine haddock closed
season in the proposed rule to
implement 2016 recreational groundfish
management measures for Gulf of Maine
cod and haddock. NMFS is also
extending the public comment period to
provide additional time for the public to
submit comments on the corrected
measure.
SUMMARY:
The public comment period for
the proposed rule published at 81 FR
11168, March 3, 2016, is extended from
March 18, 2016, to March 25, 2016.
Comments must be received no later
than March 25, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0011, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov/
#!submitComment;D=NOAA-NMFS2016-0011-0001.
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
—OR—
Mail: Submit written comments to:
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
groundfish recreational fishing
management measures.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
DATES:
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14818
Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
In support of the proposed action,
NMFS prepared a supplemental
environmental assessment (EA) to
Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan. The Framework 55
EA was prepared by the New England
Fishery Management Council. Copies of
the Framework 55 EA and supplemental
EA are available from: John K. Bullard,
Regional Administrator, National
Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930.
The Framework 55 EA and supplement
are also accessible via the Internet at:
https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/multispecies/.
Need for Modification
NMFS intended to propose measures
that were recommended by the New
England Fishery Management Council.
However, the proposed rule contained
errors in the dates that GOM haddock
possession would be prohibited. The
New England Fishery Management
Council recommended that haddock
possession be prohibited in the GOM
from March 1 through April 14, but
NMFS inadvertently proposed a closed
season from April 15 through April 30.
Only the dates in the proposed rule and
supplemental EA were incorrect. All of
the information and analysis in the rule
and supplemental EA were based on the
correct dates and, therefore, are
unaffected by this error. The final
supplemental EA also will include the
corrected dates. Table 1 in this rule
summarizes the corrected proposed
measures compared to the current
fishing year 2015 measures.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Sector Policy Analyst,
phone: 978–281–9145; email:
Mark.Grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Modifications to Recreational
Management Measures
On March 3, 2016, NMFS published
a proposed rule in the Federal Register
(81 FR 11168) to increase recreational
fishing opportunities for Gulf of Maine
(GOM) cod and haddock starting May 1,
2016. The proposed changes would
allow anglers to retain one cod per day
during the months of August and
September, and retain up to 15 haddock
per day for most of the fishing year.
TABLE 1—CORRECTED PROPOSED CHANGES TO GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES
Current 2015 measures
Per day possession limit
(fish per angler)
Stock
Minimum fish
size
Proposed 2016 measures
Season when possession is
permitted
GOM Cod .......
3
Minimum fish
size
Season when possession is
permitted
1
24 inches
(61.0 cm).
August 1–September 30.
15
17 inches
(43.2 cm).
Year Round Except March
1–April 14.
Possession Prohibited Year-Round
GOM Haddock
Per day possession limit
(fish per angler)
17 inches
(43.2 cm).
May 1, 2015–August 31,
2015 and November 1,
2015–February 29, 2016.
* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort regulations if the prohibition is removed.
The proposed rule published March 3,
2016 (81 FR 11168), contained
additional detail on the recent stock
assessments and the increase to
recreational catch limits for GOM cod
and GOM haddock that are included in
Framework Adjustment 55; the bioeconomic model used to estimate 2016
recreational GOM cod and haddock
mortality under various combinations of
minimum sizes, possession limits, and
closed seasons; and how management
alternatives and the proposed measures
were developed (see ADDRESSES). That
information is not repeated here.
Additional information and analyses on
these alternatives is included in a
supplemental Environmental
Assessment (see ADDRESSES). Table 2 in
this rule compares the estimated fishing
year 2016 mortality of GOM cod and
GOM haddock by the corrected
management alternatives.
TABLE 2—ESTIMATED FISHING YEAR 2016 MORTALITY OF GOM COD AND HADDOCK BY CORRECTED MANAGEMENT
ALTERNATIVE*
Haddock
Total
mortality
(mt)
Bag limit
Size
limit (in/
cm)
Open
season
Total
mortality
(mt)
Total
mortality
as percent of
quota
Closed
Jul—
Aug.
Sept—
Oct.
Aug—
Sept.
66
132
42
84
117,139
168,125
114
73
167,549
114–132
73–84
167,549–
168,125
Bag limit
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Alternative
Cod
Total
mortality
as percent of
quota
Size
limit (in/
cm)
Current Recreational Measures ........
2016 RAP Recommendation ............
3
15
17/43.2
17/43.2
Waves 3, 4, 6, 1 ...............................
All year, except March 1–April 14 ....
405
709
44
76
0
1
n/a
24/61.0
2016 Committee Recommendation ..
15
17/43.2
All year, except March 1–April 14 ....
707
76
1
24/61.0
2016 Council Recommendation ........
15
17/43.2
All year, except March 1–April 14 ....
707–709
76
1
24/61.0
Open season
Angler trips
* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM
haddock recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.
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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules
Public Comment Extension
The public comment period for the
original proposed rule ends on March
18, 2016. We provided a 15-day
comment period for this rule which,
coupled with extensive public comment
periods at three different Councilrelated meetings during the
development of this action, would
provide sufficient opportunity for
public input on the proposed measures.
Because of the need to correct an error
in the proposed rule, we have extended
the comment period for an additional 7
days until March 25, 2016, to allow
public comment on the corrected
measures. These measures need to be in
effect on May 1, 2016, and recreational
fishing businesses and fishermen are
currently scheduling fishing trips. This
correction will provide them with
additional information to assist their
planning efforts. Because the proposed
measures would increase fishing
opportunities, announcing a final
decision on these measures quickly will
provide additional support to
recreational fishing businesses.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 14, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648, as published
at 81 FR 11168, March 3, 2016, is
proposed to be further amended 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 § 648.89, revise paragraphs
(c)(1)(ii), (c)(2), and (c)(8) to read as
follows:
■
§ 648.89 Recreational and charter/party
vessel restrictions.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(c) * * *
(1) * * *
(ii) Each person on a private
recreational fishing vessel, fishing from
August 1 through September 30, may
possess no more than one cod per day
in, or harvested from, the EEZ when
fishing in the GOM Regulated Mesh
Area specified in § 648.80(a)(1); with the
exception that each person on a private
recreational vessel in possession of cod
caught outside the GOM Regulated
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Mesh Area specified in § 648.80(a)(1)
may transit this area with more than one
such cod per person up to the
possession limit specified at
§ 648.89(c)(1)(i), provided all bait and
hooks are removed from fishing rods
and any cod on board has been gutted
and stored.
*
*
*
*
*
(2) Charter or party vessels. (i) Each
person on a charter/party fishing vessel
permitted under this part and not
fishing under a NE multispecies DAS
program or on a sector trip may possess
unlimited cod when fishing outside of
the GOM Regulated Mesh Area specified
in § 648.80(a)(1).
(ii) Each person on a charter or party
vessel permitted under this part, fishing
from August 1 through September 30,
and not fishing under the NE
multispecies DAS program or on a
sector trip, may possess no more than
one cod per day in the GOM Regulated
Mesh Area specified in § 648.80(a)(1);
with the exception that each person on
a charter or party vessel in possession
of cod caught outside the GOM
Regulated Mesh Area specified in
§ 648.80(a)(1) may transit this area with
more than one such cod up to any
possession limit under § 648.89(c)(2)(ii),
provided all bait and hooks are removed
from fishing rods and any cod on board
has been gutted and stored.
(iii) For purposes of counting fish,
fillets will be converted to whole fish at
the place of landing by dividing the
number of fillets by two. If fish are
filleted into a single (butterfly) fillet,
such fillet shall be deemed to be from
one whole fish.
(iv) Cod harvested by a charter or
party vessel with more than one person
aboard may be pooled in one or more
containers. Compliance with the
possession limits will be determined by
dividing the number of fish on board by
the number of persons on board. If there
is a violation of the possession limits on
board a vessel carrying more than one
person, the violation shall be deemed to
have been committed by the owner or
operator of the vessel.
(v) Cod must be stored so as to be
readily available for inspection.
*
*
*
*
*
(8) Haddock—(i) Outside the Gulf of
Maine—(A) Private recreational vessels.
Each person on a private recreational
vessel may possess unlimited haddock
in, or harvested from, the EEZ when
fishing outside of the GOM Regulated
Mesh Area specified in § 648.80(a)(1).
(B) Charter or party vessels. Each
person on a charter or party fishing
vessel permitted under this part, and
not fishing under the NE multispecies
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14819
DAS program or on a sector trip, may
possess unlimited haddock in, or
harvested from, the EEZ when fishing
outside of the GOM Regulated Mesh
Area specified in § 648.80(a)(1).
(ii) Gulf of Maine—(A) Private
recreational vessels. Each person on a
private recreational vessel in possession
of haddock caught outside the GOM
Regulated Mesh Area specified in
§ 648.80(a)(1) may transit this area with
more than the GOM haddock possession
limit specified at § 648.89(c)(8)(ii) up to
the possession limit specified at
§ 648.89(c)(8)(i), provided all bait and
hooks are removed from fishing rods
and any haddock on board has been
gutted and stored.
(1) May through February. Each
person on a private recreational fishing
vessel, fishing from May 1 through
February 28 (February 29 in leap years),
may possess no more than 15 haddock
per day in, or harvested from, the EEZ
when fishing in the GOM Regulated
Mesh Area specified in § 648.80(a)(1).
(2) March 1 through April 14. When
fishing in the GOM Regulated Mesh
Area specified in § 648.80(a)(1), persons
aboard private recreational fishing
vessels may not fish for or possess any
haddock from March 1 through April
14.
(3) April 15 through April 30. Each
person on a private recreational fishing
vessel, fishing from April 15 through
April 30, may possess no more than 15
haddock per day in, or harvested from,
the EEZ when fishing in the GOM
Regulated Mesh Area specified in
§ 648.80(a)(1).
(B) Charter or party vessels. Each
person on a charter or party fishing
vessel permitted under this part, and
not fishing under a NE multispecies
DAS program or on a sector trip, in
possession of haddock caught outside
the GOM Regulated Mesh Area specified
in § 648.80(a)(1) may transit this area
with more than GOM haddock
possession limit per person up to the
possession limit specified at
§ 648.89(c)(8)(i), provided all bait and
hooks are removed from fishing rods
and any haddock on board has been
gutted and stored.
(1) May through February. Each
person on a charter or party fishing
vessel permitted under this part, and
not fishing under the NE multispecies
DAS program or on a sector trip, fishing
from May 1 through February 28 (or 29
in leap years), may possess no more
than 15 haddock per day in, or
harvested from, the EEZ when fishing in
the GOM Regulated Mesh Area specified
in § 648.80(a)(1).
(2) March 1 through April 14. When
fishing in the GOM Regulated Mesh
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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules
Area specified in § 648.80(a)(1), persons
aboard a charter or party fishing vessel
permitted under this part, and not
fishing under the NE multispecies DAS
program or on a sector trip, may not fish
for or possess any haddock from March
1 through April 14.
(3) April 15 through April 30. Each
person on a charter or party fishing
vessel permitted under this part, and
not fishing under the NE multispecies
DAS program or on a sector trip, fishing
from April 15 through April 30, may
possess no more than 15 haddock per
day in, or harvested from, the EEZ when
fishing in the GOM Regulated Mesh
Area specified in § 648.80(a)(1).
(iii) For purposes of counting fish,
fillets will be converted to whole fish at
the place of landing by dividing the
number of fillets by two. If fish are
filleted into a single (butterfly) fillet,
such fillet shall be deemed to be from
one whole fish.
(iv) Haddock harvested in or from the
EEZ by private recreational fishing boats
or charter or party boats with more than
one person aboard may be pooled in one
or more containers. Compliance with
the possession limit will be determined
by dividing the number of fish on board
by the number of persons on board. If
there is a violation of the possession
limit on board a vessel carrying more
than one person, the violation shall be
deemed to have been committed by the
owner or operator of the vessel.
(v) Haddock must be stored so as to
be readily available for inspection.
*
*
*
*
*
[FR Doc. 2016–06179 Filed 3–17–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
RIN 0648–XC751
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Endangered and Threatened Species;
Identification of 14 Distinct Population
Segments of the Humpback Whale
(Megaptera novaeangliae) and
Proposed Revision of Species-Wide
Listing
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; notice of
availability of monitoring plan and
opening of comment period.
AGENCY:
We, NMFS, in collaboration
with Federal and state partners, have
SUMMARY:
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drafted a monitoring plan (MP) for the
distinct population segments (DPSs) of
humpback whale (Megaptera
novaeangliae) that we did not propose
to list as threatened or endangered
under the Endangered Species Act of
1973, as amended (ESA), in our
proposed revision of the species-wide
listing. This document announces the
availability of the draft MP and opens a
30-day public comment period on it.
DATES: Comments must be received by
April 18, 2016.
ADDRESSES: Send comments to Marta
Nammack, National ESA Listing
Coordinator, NMFS Headquarters. You
may submit comments, identified by
FDMS Docket Number NOAA–NMFS–
2015–0035 by any of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Hand-delivery: National ESA
Listing Coordinator, Protected
Resources Office, NMFS, 1315 EastWest Highway, Room 13536, Silver
Spring, MD 20910.
• Mail: NMFS, 1315 East-West
Highway, Room 13536, Silver Spring,
MD 20910.
All comments received are a part of
the public record and will generally be
posted to https://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 (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
The draft MP, along with the
proposed revision of the humpback
whale species-wide listing (80 FR
22304; April 21, 2015) and the
Biological Review Team’s Status Review
Report (Bettridge et al., 2015) upon
which the proposed revision relies upon
can be found on the NMFS Web site at:
https://nmfs.noaa.gov/pr/.
FOR FURTHER INFORMATION CONTACT:
Marta Nammack, Office of Protected
Resources, Silver Spring, MD (301) 427–
8469.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2015, we published a
proposal to divide the globally listed
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endangered humpback whale into 14
DPSs, remove the current species-level
listing, and in its place list 2 DPSs as
endangered and 2 DPSs as threatened.
The remaining 10 DPSs were not
proposed for listing because we
determined that they are not threatened
or endangered under the ESA.
Section 4(g)(1) of the ESA requires
that NMFS: ‘‘. . . implement a system
in cooperation with the States to
monitor effectively for not less than five
years the status of all species which
have recovered to the point at which the
measures provided pursuant to this Act
[the ESA] are no longer necessary and
which, in accordance with the
provisions of this section, have been
removed from either of the lists
published under subsection (c).’’
General guidance for monitoring plan
development is provided by
recommendations jointly developed by
the U.S. Fish and Wildlife Service and
NMFS (USFWS and NMFS 2008). This
guidance, called the ‘‘Post-Delisting
Monitoring Plan Guidance,’’ clarified
that: ‘‘The primary goal of PDM is to
monitor the species to ensure the status
does not deteriorate, and if a substantial
decline in the species . . . or an
increase in threats is detected, to take
measures to halt the decline so that reproposing it as a threatened or
endangered species is not needed.’’
Although our determination that certain
DPSs of humpback whale no longer
qualify for listing is not technically a
‘‘delisting,’’ for the reasons explained in
the proposed listing rule, we find that
it is appropriate to monitor the status of
the populations that will no longer be
listed if the proposed rule is finalized.
This is consistent with the intent of
section 4(g)(1) of the Act. 16 U.S.C.
1533(g)(1). The Post-Delisting
Monitoring Plan guidance thus guides
us in our development of a monitoring
plan for those humpback whale DPSs.
Pursuant to ESA section 4(g)(1), we
have drafted a MP for the humpback
whale DPSs that we did not propose to
list as threatened or endangered.
Public Comments Solicited
We are notifying the public of the
availability of a draft MP and providing
the public an opportunity to submit
comments on the draft MP for 30 days.
The comment period shall be limited to
30 days because the statutory deadline
for our final listing determination on the
proposed rule is April 21, 2016, and we
must finalize the MP by this date, too.
We will consider all comments we
receive during the comment period and
incorporate suggestions, as appropriate,
before finalizing the MP. Please submit
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]]>Agencies
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14817-14820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06179]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160120042-6042-01]
RIN 0648-BF69
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Supplemental notice of proposed rulemaking; extension of
comment period.
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SUMMARY: This action corrects an error in the Gulf of Maine haddock
closed season in the proposed rule to implement 2016 recreational
groundfish management measures for Gulf of Maine cod and haddock. NMFS
is also extending the public comment period to provide additional time
for the public to submit comments on the corrected measure.
DATES: The public comment period for the proposed rule published at 81
FR 11168, March 3, 2016, is extended from March 18, 2016, to March 25,
2016. Comments must be received no later than March 25, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0011, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov/#!submitComment;D=NOAA-NMFS-
2016-0011-0001.
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to: John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on groundfish recreational fishing management measures.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record
[[Page 14818]]
and will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender will be
publicly accessible. NMFS will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous).
In support of the proposed action, NMFS prepared a supplemental
environmental assessment (EA) to Framework Adjustment 55 to the
Northeast Multispecies Fishery Management Plan. The Framework 55 EA was
prepared by the New England Fishery Management Council. Copies of the
Framework 55 EA and supplemental EA are available from: John K.
Bullard, Regional Administrator, National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA 01930. The Framework 55 EA and
supplement are also accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst,
phone: 978-281-9145; email: Mark.Grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Modifications to Recreational Management Measures
On March 3, 2016, NMFS published a proposed rule in the Federal
Register (81 FR 11168) to increase recreational fishing opportunities
for Gulf of Maine (GOM) cod and haddock starting May 1, 2016. The
proposed changes would allow anglers to retain one cod per day during
the months of August and September, and retain up to 15 haddock per day
for most of the fishing year.
Need for Modification
NMFS intended to propose measures that were recommended by the New
England Fishery Management Council. However, the proposed rule
contained errors in the dates that GOM haddock possession would be
prohibited. The New England Fishery Management Council recommended that
haddock possession be prohibited in the GOM from March 1 through April
14, but NMFS inadvertently proposed a closed season from April 15
through April 30. Only the dates in the proposed rule and supplemental
EA were incorrect. All of the information and analysis in the rule and
supplemental EA were based on the correct dates and, therefore, are
unaffected by this error. The final supplemental EA also will include
the corrected dates. Table 1 in this rule summarizes the corrected
proposed measures compared to the current fishing year 2015 measures.
Table 1--Corrected Proposed Changes to GOM Cod and Haddock Recreational Management Measures
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Current 2015 measures Proposed 2016 measures
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Per day Per day
Stock possession Season when possession possession Season when possession
limit (fish Minimum fish size is permitted limit (fish Minimum fish size is permitted
per angler) per angler)
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GOM Cod........................ Possession Prohibited Year-Round 1 24 inches (61.0 August 1-September 30.
cm).
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GOM Haddock.................... 3 17 inches (43.2 May 1, 2015-August 31, 15 17 inches (43.2 Year Round Except
cm). 2015 and November 1, cm). March 1-April 14.
2015-February 29, 2016.
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* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort
regulations if the prohibition is removed.
The proposed rule published March 3, 2016 (81 FR 11168), contained
additional detail on the recent stock assessments and the increase to
recreational catch limits for GOM cod and GOM haddock that are included
in Framework Adjustment 55; the bio-economic model used to estimate
2016 recreational GOM cod and haddock mortality under various
combinations of minimum sizes, possession limits, and closed seasons;
and how management alternatives and the proposed measures were
developed (see ADDRESSES). That information is not repeated here.
Additional information and analyses on these alternatives is included
in a supplemental Environmental Assessment (see ADDRESSES). Table 2 in
this rule compares the estimated fishing year 2016 mortality of GOM cod
and GOM haddock by the corrected management alternatives.
Table 2--Estimated Fishing Year 2016 Mortality of GOM Cod and Haddock by Corrected Management Alternative*
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Haddock Cod
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Total Total
Alternative Size Total mortality Size Total mortality Angler trips
Bag limit Open season mortality as Bag limit Open season mortality as
limit (in/cm) (mt) percent limit (in/cm) (mt) percent
of quota of quota
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Current Recreational Measures........... 3 17/43.2 Waves 3, 4, 6, 1.......... 405 44 0 n/a Closed................ 66 42 117,139
2016 RAP Recommendation................. 15 17/43.2 All year, except March 1- 709 76 1 24/61.0 Jul--Aug.............. 132 84 168,125
April 14.
2016 Committee Recommendation........... 15 17/43.2 All year, except March 1- 707 76 1 24/61.0 Sept--Oct............. 114 73 167,549
April 14.
2016 Council Recommendation............. 15 17/43.2 All year, except March 1- 707-709 76 1 24/61.0 Aug--Sept............. 114-132 73-84 167,549-168,12
April 14. 5
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* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM haddock
recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.
[[Page 14819]]
Public Comment Extension
The public comment period for the original proposed rule ends on
March 18, 2016. We provided a 15-day comment period for this rule
which, coupled with extensive public comment periods at three different
Council-related meetings during the development of this action, would
provide sufficient opportunity for public input on the proposed
measures. Because of the need to correct an error in the proposed rule,
we have extended the comment period for an additional 7 days until
March 25, 2016, to allow public comment on the corrected measures.
These measures need to be in effect on May 1, 2016, and recreational
fishing businesses and fishermen are currently scheduling fishing
trips. This correction will provide them with additional information to
assist their planning efforts. Because the proposed measures would
increase fishing opportunities, announcing a final decision on these
measures quickly will provide additional support to recreational
fishing businesses.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 14, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648, as
published at 81 FR 11168, March 3, 2016, is proposed to be further
amended 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. 648.89, revise paragraphs (c)(1)(ii), (c)(2), and (c)(8) to
read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(c) * * *
(1) * * *
(ii) Each person on a private recreational fishing vessel, fishing
from August 1 through September 30, may possess no more than one cod
per day in, or harvested from, the EEZ when fishing in the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1); with the exception
that each person on a private recreational vessel in possession of cod
caught outside the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1) may transit this area with more than one such cod per
person up to the possession limit specified at Sec. 648.89(c)(1)(i),
provided all bait and hooks are removed from fishing rods and any cod
on board has been gutted and stored.
* * * * *
(2) Charter or party vessels. (i) Each person on a charter/party
fishing vessel permitted under this part and not fishing under a NE
multispecies DAS program or on a sector trip may possess unlimited cod
when fishing outside of the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1).
(ii) Each person on a charter or party vessel permitted under this
part, fishing from August 1 through September 30, and not fishing under
the NE multispecies DAS program or on a sector trip, may possess no
more than one cod per day in the GOM Regulated Mesh Area specified in
Sec. 648.80(a)(1); with the exception that each person on a charter or
party vessel in possession of cod caught outside the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1) may transit this area with more
than one such cod up to any possession limit under Sec.
648.89(c)(2)(ii), provided all bait and hooks are removed from fishing
rods and any cod on board has been gutted and stored.
(iii) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing the number of fillets by
two. If fish are filleted into a single (butterfly) fillet, such fillet
shall be deemed to be from one whole fish.
(iv) Cod harvested by a charter or party vessel with more than one
person aboard may be pooled in one or more containers. Compliance with
the possession limits will be determined by dividing the number of fish
on board by the number of persons on board. If there is a violation of
the possession limits on board a vessel carrying more than one person,
the violation shall be deemed to have been committed by the owner or
operator of the vessel.
(v) Cod must be stored so as to be readily available for
inspection.
* * * * *
(8) Haddock--(i) Outside the Gulf of Maine--(A) Private
recreational vessels. Each person on a private recreational vessel may
possess unlimited haddock in, or harvested from, the EEZ when fishing
outside of the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
(B) Charter or party vessels. Each person on a charter or party
fishing vessel permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, may possess unlimited
haddock in, or harvested from, the EEZ when fishing outside of the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1).
(ii) Gulf of Maine--(A) Private recreational vessels. Each person
on a private recreational vessel in possession of haddock caught
outside the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1) may
transit this area with more than the GOM haddock possession limit
specified at Sec. 648.89(c)(8)(ii) up to the possession limit
specified at Sec. 648.89(c)(8)(i), provided all bait and hooks are
removed from fishing rods and any haddock on board has been gutted and
stored.
(1) May through February. Each person on a private recreational
fishing vessel, fishing from May 1 through February 28 (February 29 in
leap years), may possess no more than 15 haddock per day in, or
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area
specified in Sec. 648.80(a)(1).
(2) March 1 through April 14. When fishing in the GOM Regulated
Mesh Area specified in Sec. 648.80(a)(1), persons aboard private
recreational fishing vessels may not fish for or possess any haddock
from March 1 through April 14.
(3) April 15 through April 30. Each person on a private
recreational fishing vessel, fishing from April 15 through April 30,
may possess no more than 15 haddock per day in, or harvested from, the
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1).
(B) Charter or party vessels. Each person on a charter or party
fishing vessel permitted under this part, and not fishing under a NE
multispecies DAS program or on a sector trip, in possession of haddock
caught outside the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1) may transit this area with more than GOM haddock
possession limit per person up to the possession limit specified at
Sec. 648.89(c)(8)(i), provided all bait and hooks are removed from
fishing rods and any haddock on board has been gutted and stored.
(1) May through February. Each person on a charter or party fishing
vessel permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from May 1
through February 28 (or 29 in leap years), may possess no more than 15
haddock per day in, or harvested from, the EEZ when fishing in the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1).
(2) March 1 through April 14. When fishing in the GOM Regulated
Mesh
[[Page 14820]]
Area specified in Sec. 648.80(a)(1), persons aboard a charter or party
fishing vessel permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, may not fish for or
possess any haddock from March 1 through April 14.
(3) April 15 through April 30. Each person on a charter or party
fishing vessel permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from April 15
through April 30, may possess no more than 15 haddock per day in, or
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area
specified in Sec. 648.80(a)(1).
(iii) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing the number of fillets by
two. If fish are filleted into a single (butterfly) fillet, such fillet
shall be deemed to be from one whole fish.
(iv) Haddock harvested in or from the EEZ by private recreational
fishing boats or charter or party boats with more than one person
aboard may be pooled in one or more containers. Compliance with the
possession limit will be determined by dividing the number of fish on
board by the number of persons on board. If there is a violation of the
possession limit on board a vessel carrying more than one person, the
violation shall be deemed to have been committed by the owner or
operator of the vessel.
(v) Haddock must be stored so as to be readily available for
inspection.
* * * * *
[FR Doc. 2016-06179 Filed 3-17-16; 8:45 am]
BILLING CODE 3510-22-P
