Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment 1, 42625-42628 [2016-15494]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules
or symbol of the manufacturer, the date
of manufacture and the country
authorizing the allocation of the mark as
specified in paragraph (a) of this
section. The date of manufacture of the
inner receptacle may be different from
the marked date of manufacture
required by § 178.703(a)(1)(iv) or by
§ 180.352(d)(1)(iv) of this chapter
provided that the retest and inspection
of the IBCs be based on the earliest
marked date; and
(ii) When a composite IBC is designed
in such a manner that the outer casing
is intended to be dismantled for
transport when empty (such as, for the
return of the IBC for reuse to the original
consignor), each of the parts intended to
be detached when so dismantled must
be marked with the month and year of
manufacture and the name or symbol of
the manufacturer.
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PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
22. The authority citation for part 180
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
42625
23. In § 180.407, paragraph (g)(1)(iv) is
revised to read as follows:
■
§ 180.407 Requirements for test and
inspection of specification cargo tanks.
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(g) * * *
(1) * * *
(iv) Each cargo tank must be tested
hydrostatically or pneumatically to the
internal pressure specified in the
following table. At no time during the
pressure test may a cargo tank be subject
to pressures that exceed those identified
in the following table:
Specification
Test pressure
MC 300, 301, 302, 303, 305, 306 .............
The test pressure on the name plate or specification plate, 20.7 kPa (3 psig) or design pressure,
whichever is greater.
The test pressure on the name plate or specification plate, 275.8 kPa (40 psig) or 1.5 times the design pressure, whichever is greater.
The test pressure on the name plate or specification plate, 20.7 kPa (3 psig) or 1.5 times the design
pressure, whichever is greater.
The test pressure on the name plate or specification plate, 1.5 times either the MAWP or the rerated pressure, whichever is applicable.
The test pressure on the name plate or specification plate, 1.25 times either the MAWP or the rerated pressure, whichever is applicable.
The test pressure on the name plate or specification plate, 34.5 kPa (5 psig) or 1.5 times the
MAWP, whichever is greater.
The test pressure on the name plate or specification plate, 275.8 kPa (40 psig) or 1.5 times the
MAWP, whichever is greater.
The test pressure on the name plate or specification plate, 1.5 times the MAWP.
MC 304, 307 ..............................................
MC 310, 311, 312 ......................................
MC 330, 331 ..............................................
MC 338 ......................................................
DOT 406 ....................................................
DOT 407 ....................................................
DOT 412 ....................................................
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24. In § 180.605, paragraph (l) is
revised to read as follows:
■
§ 180.605 Requirements for periodic
testing, inspection and repair of portable
tanks.
sradovich on DSK3GDR082PROD with PROPOSALS
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(l) Record retention. (1) The owner of
each portable tank or his authorized
agent shall retain a written record of the
date and results of all required
inspections and tests, including an
ASME manufacturer’s date report, if
applicable, and the name and address of
the person performing the inspection or
test, in accordance with the applicable
specification. The manufacturer’s data
report, including a certificate(s) signed
by the manufacturer, and the authorized
design approval agency, as applicable,
indicating compliance with the
applicable specification of the portable
tank, and related papers certifying that
the portable tank was manufactured and
tested in accordance with the applicable
specification must be retained in the
files of the owner, or his authorized
agent, during the time that such portable
tank is used for such service, except for
Specifications 56 and 57 portable tanks.
(2) If the owner does not have the
manufacturer’s certificate required by
the specification and the manufacturer’s
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data report required by the ASME, the
owner may contact the National Board
for a copy of the manufacturer’s data
report, if the portable tank was
registered with the National Board, or
copy the information contained on the
portable tanks specification plate and
ASME Code data plates.
Issued in Washington, DC, on June 23,
2016, under authority delegated in 49 CFR
1.97.
William Schoonover,
Acting Associate Administrator for
Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2016–15303 Filed 6–29–16; 8:45 am]
BILLING CODE 4910–60–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160302174–6174–01]
RIN 0648–BF81
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Dolphin
and Wahoo Fishery Off the Atlantic
States; Regulatory Amendment 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Regulatory Amendment 1 for
the Fishery Management Plan (FMP) for
the Dolphin and Wahoo Fishery off the
Atlantic States (Regulatory Amendment
1) as prepared and submitted by the
South Atlantic Fishery Management
Council (Council). If implemented, this
proposed rule would establish a
commercial trip limit for Atlantic
dolphin for vessels with a Federal
commercial permit for Atlantic dolphin
and wahoo. The purpose of this
SUMMARY:
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules
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proposed rule is to reduce the chance of
an in-season closure of the dolphin
commercial sector as a result of the
annual catch limit (ACL) being reached
during the fishing year and to reduce
the severity of social impacts caused by
these closures.
DATES: Written comments must be
received on or before August 1, 2016.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2016–0033’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160033, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Karla Gore, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
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
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 required fields if you wish to
remain anonymous).
Electronic copies of Regulatory
Amendment 1, which includes an
environmental assessment, an
assessment under the Regulatory
Flexibility Act, a regulatory impact
review, and fishery impact statement,
may be obtained from
www.regulations.gov or the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/dw/2016/reg_am1/
documents/pdfs/dw_reg_am1.pdf.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS SERO, telephone:
727–551–5753, or email: karla.gore@
noaa.gov.
The
dolphin and wahoo fishery of the
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Steven Act).
SUPPLEMENTARY INFORMATION:
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Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield from federally managed
fish stocks. These mandates are
intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, while also protecting
marine ecosystems.
In 2015, the commercial sector for
Atlantic dolphin was closed on June 30,
2015 (80 FR 36932, June 29, 2015), as
a result of the commercial ACL being
met, thereby triggering accountability
measures (AMs) and closing the sector.
This was the first time the dolphin
commercial fishing season was closed as
a result of AMs in the history of
management of Atlantic dolphin under
the FMP. Regulatory Amendment 1 and
this proposed rule would establish a
commercial trip limit for Atlantic
dolphin once 75 percent of the
commercial ACL is met. The dolphin
commercial ACL had already been
increased from 1,157,001 lb (524,807
kg), round weight, to 1,534,485 lb
(696,031 kg), round weight, by the final
rule for Amendment 8 to the FMP (81
FR 3781, January 22, 2016). The Council
has determined that this proposed
action would reduce the severity of
social impacts of an AM closure of the
dolphin commercial sector by
increasing the likelihood that the
commercial sector will remain open
throughout the fishing year.
Management Measures Contained in
This Proposed Rule
This proposed rule would establish a
commercial trip limit for dolphin for
vessels that have a Federal commercial
permit for Atlantic dolphin and wahoo.
Dolphin Commercial Trip Limit
Currently, no commercial trip limit
exists for vessels that possess a Federal
commercial permit for Atlantic dolphin
and wahoo. However, there is a
commercial trip limit of 200 lb (91 kg)
of dolphin and wahoo, combined, for
vessels that do not have a Federal
commercial permit for Atlantic dolphin
and wahoo but do have a Federal
commercial permit in any other fishery,
provided that all fishing and landings
from that trip occur north of 39° N. lat.
(50 CFR 622.278(a)(2)). This proposed
rule would establish a commercial trip
limit of 4,000 lb (1,814 kg), round
weight, for the dolphin commercial
sector in the Atlantic, once 75 percent
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of the commercial ACL is reached. This
trip limit would apply to vessels that
have a Federal commercial permit for
Atlantic dolphin and wahoo, provided
that the vessel is not operating a charter
vessel or headboat. There would be no
applicable trip limit for the dolphin
commercial sector in the Atlantic prior
to 75 percent of the commercial ACL
being reached. The Council determined
that establishing this commercial trip
limit would reduce the chances of early
closures during the fishing year as a
result of AMs being triggered, and
thereby reduce the severity of any
socioeconomic impacts as a result of a
commercial sector closure.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Regulatory Amendment 1, other
provisions of the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this determination
is as follows:
A description of this proposed rule,
why it is being considered, the
objectives of, and legal basis for this
proposed rule are contained in the
preamble and in the SUMMARY section of
the preamble of this proposed rule. The
Magnuson-Stevens Act provides the
basis for this proposed rule.
This proposed rule is expected to
directly affect federally permitted
Atlantic dolphin and wahoo commercial
fishermen fishing for dolphin in the
South Atlantic and northeastern states
(states north of North Carolina)
(Atlantic). The Small Business
Administration established size criteria
for all major industry sectors in the U.S.
including fish harvesters. A business
involved in fish harvesting is classified
as a small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and its combined annual
receipts are not in excess of $20.5
million (NAICS code 114111, finfish
fishing) for all of its affiliated operations
worldwide.
From 2010 through 2014, an average
of 531 vessels with the Federal
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commercial permit for Atlantic dolphin
and wahoo that landed at least 1 lb (0.45
kg) of dolphin generated total combined
revenues (2014 dollars) of
approximately $600,000 from dolphin,
$3.87 million from other species jointly
landed with dolphin, and $15.40
million from all other species in trips
where dolphin was not caught. The
average annual revenue per vessel from
all species, including dolphin, caught
by these vessels was $37,303. Of the 531
vessels, an average of 23 vessels used
longline for harvesting dolphin and
generated combined total revenues
(2014 dollars) of approximately
$361,000 from dolphin, $1.37 million
from other species jointly landed with
dolphin, and $1.89 million from all
other species in trips where dolphin
was not caught. The average annual
revenue per longline vessel was $82,276
(2014 dollars). Vessels that caught and
landed dolphin may also operate in
other fisheries, the revenues of which
are not known and are not reflected in
these totals. Based on revenue
information, all commercial vessels
directly affected by this proposed rule
may be assumed to be small entities.
Because all entities expected to be
directly affected by this proposed rule
are assumed to be small entities, NMFS
determined that this proposed rule
would affect a substantial number of
small entities. However, the issue of
disproportionate effects on small versus
large entities does not arise in the
present case.
This proposed rule would establish a
4,000 lb (1,814 kg), round weight,
commercial trip limit for dolphin for
vessels with a Federal commercial
permit for Atlantic dolphin and wahoo,
once 75 percent of the commercial ACL
is reached.
For the first time, the dolphin
commercial sector was subject to an inseason closure on June 30, 2015, when
the sector’s ACL of 1,157,001 lb
(524,806 kg), round weight, was reached
(80 FR 36249, June 24, 2015, and 80 FR
36932, June 29, 2015). However, the
recently implemented final rule for
Amendment 8 to the FMP increased the
dolphin commercial ACL from
1,157,001 lb (524,807 kg), round weight,
to 1,534,485 lb (696,031 kg), round
weight (81 FR 3781, January 22, 2016).
Using 2015 data for the months open to
commercial dolphin harvest during the
fishing year and average 2010–2014 data
for the months closed to dolphin
harvest, NMFS estimated that in the
absence of AM closures and commercial
trip limits the 2015 commercial
landings would have been
approximately 1,229,669 lb (557,768
kg), round weight, with a dockside
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value of $3,725,896 (2014 dollars).
Thus, if the increased dolphin
commercial allocation had been in effect
in 2015, it is likely that no commercial
closure would have occurred.
Based on the increased commercial
allocation, and assuming effort in 2016
and onwards would remain the same as
estimated for the 2015 fishing year, 75
percent of the commercial ACL would
be estimated to be reached on August 25
each year, and the proposed trip limit
would then apply for the rest of the
fishing year. The projected landings
under this scenario would be 1,229,669
lb (557,768 kg), round weight, with a
dockside value of $3,725,896 (2014
dollars). Thus, the proposed trip limit
would not result in any reduction in
total landings or revenues.
Although total landings or revenues
would not be adversely affected, the
proposed trip limit would be expected
to have disproportionate impacts on
vessels, with high-volume vessels such
as those using longline gear more
adversely affected than others. However,
based on the estimated landings and
effort distribution by gear type for 2015,
the proposed trip limit would not be
expected to adversely affect the trips
and landings of any vessel regardless of
the gear type they used.
Possibilities exist that the dolphin
commercial sector may increase future
effort and landings so that the total
harvest could reach or exceed the
commercial ACL if unrestrained by a
trip limit. The harvest closure in 2015,
even though it happened before the
increase in the commercial ACL took
effect, could motivate current
participants to increase their effort to
take advantage of fishing opportunities
before harvest is prohibited. Because the
Atlantic dolphin and wahoo commercial
permit is an open access permit, new
entrants, particularly longliners that fish
for highly migratory species, could enter
the dolphin and wahoo fishery and
increase total effort and harvest. If this
occurs, the proposed trip limits could
constrain total harvest and prolong the
commercial season. Total revenues for a
fishing year would be expected to be
higher, so long as the higher landings do
not substantially depress the dockside
price for dolphin. It cannot be
determined, however, if higher revenues
would translate to higher profits
because the trip limit would reduce
profit per trip. However, based on
available data, NMFS analysis is that the
proposed trip limit may be expected to
have no adverse effects on vessel
revenues, and thus, the proposed trip
limit may be considered as a
precautionary measure at this time and
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42627
will not have a significant economic
impact on the affected small entities.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, recordkeeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, this
rule does not implicate the Paperwork
Reduction Act.
The information provided above
supports a determination that this rule
would not have a significant economic
impact on a substantial number of small
entities. Because this rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Dolphin, Fisheries,
Fishing, Trip limits.
Dated: June 23, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.278, revise paragraph (a) to
read as follows:
■
§ 622.278
Commercial trip limits.
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(a) Trip-limited permits—(1) Atlantic
wahoo. (i) The trip limit for wahoo in
or from the Atlantic EEZ is 500 lb (227
kg). This trip limit applies to a vessel
that has a Federal commercial permit for
Atlantic dolphin and wahoo, provided
that the vessel is not operating as a
charter vessel or headboat.
(ii) See § 622.280(b)(1) for the
limitations regarding wahoo after the
ACL is reached.
(2) The trip limit for a vessel that does
not have a Federal commercial vessel
permit for Atlantic dolphin and wahoo
but has a Federal commercial vessel
permit in any other fishery is 200 lb (91
kg) of dolphin and wahoo, combined,
provided that all fishing on and
landings from that trip are north of 39°
N. lat. (A charter vessel/headboat permit
is not a commercial vessel permit.)
(3) Atlantic dolphin. (i) Once 75
percent of the ACL specified in
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§ 622.280(a)(1)(i) is reached, the trip
limit is 4,000 lb (1,814 kg), round
weight. When the conditions in this
paragraph (a)(3)(i) have been met, the
Assistant Administrator will implement
this trip limit by filing a notification
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with the Office of the Federal Register.
This trip limit applies to a vessel that
has a Federal commercial permit for
Atlantic dolphin and wahoo, provided
that the vessel is not operating as a
charter vessel or headboat.
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(ii) See § 622.280(a)(1) for the
limitations regarding dolphin after the
ACL is reached.
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[FR Doc. 2016–15494 Filed 6–29–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42625-42628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15494]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160302174-6174-01]
RIN 0648-BF81
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment
1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Regulatory Amendment 1
for the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery
off the Atlantic States (Regulatory Amendment 1) as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
If implemented, this proposed rule would establish a commercial trip
limit for Atlantic dolphin for vessels with a Federal commercial permit
for Atlantic dolphin and wahoo. The purpose of this
[[Page 42626]]
proposed rule is to reduce the chance of an in-season closure of the
dolphin commercial sector as a result of the annual catch limit (ACL)
being reached during the fishing year and to reduce the severity of
social impacts caused by these closures.
DATES: Written comments must be received on or before August 1, 2016.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2016-0033'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0033, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Karla Gore, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
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 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 required fields if you wish to remain
anonymous).
Electronic copies of Regulatory Amendment 1, which includes an
environmental assessment, an assessment under the Regulatory
Flexibility Act, a regulatory impact review, and fishery impact
statement, may be obtained from www.regulations.gov or the Southeast
Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/dw/2016/reg_am1/documents/pdfs/dw_reg_am1.pdf.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS SERO, telephone: 727-
551-5753, or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery of the
Atlantic is managed under the FMP. The FMP was prepared by the Council
and implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Steven Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, while also
protecting marine ecosystems.
In 2015, the commercial sector for Atlantic dolphin was closed on
June 30, 2015 (80 FR 36932, June 29, 2015), as a result of the
commercial ACL being met, thereby triggering accountability measures
(AMs) and closing the sector. This was the first time the dolphin
commercial fishing season was closed as a result of AMs in the history
of management of Atlantic dolphin under the FMP. Regulatory Amendment 1
and this proposed rule would establish a commercial trip limit for
Atlantic dolphin once 75 percent of the commercial ACL is met. The
dolphin commercial ACL had already been increased from 1,157,001 lb
(524,807 kg), round weight, to 1,534,485 lb (696,031 kg), round weight,
by the final rule for Amendment 8 to the FMP (81 FR 3781, January 22,
2016). The Council has determined that this proposed action would
reduce the severity of social impacts of an AM closure of the dolphin
commercial sector by increasing the likelihood that the commercial
sector will remain open throughout the fishing year.
Management Measures Contained in This Proposed Rule
This proposed rule would establish a commercial trip limit for
dolphin for vessels that have a Federal commercial permit for Atlantic
dolphin and wahoo.
Dolphin Commercial Trip Limit
Currently, no commercial trip limit exists for vessels that possess
a Federal commercial permit for Atlantic dolphin and wahoo. However,
there is a commercial trip limit of 200 lb (91 kg) of dolphin and
wahoo, combined, for vessels that do not have a Federal commercial
permit for Atlantic dolphin and wahoo but do have a Federal commercial
permit in any other fishery, provided that all fishing and landings
from that trip occur north of 39[deg] N. lat. (50 CFR 622.278(a)(2)).
This proposed rule would establish a commercial trip limit of 4,000 lb
(1,814 kg), round weight, for the dolphin commercial sector in the
Atlantic, once 75 percent of the commercial ACL is reached. This trip
limit would apply to vessels that have a Federal commercial permit for
Atlantic dolphin and wahoo, provided that the vessel is not operating a
charter vessel or headboat. There would be no applicable trip limit for
the dolphin commercial sector in the Atlantic prior to 75 percent of
the commercial ACL being reached. The Council determined that
establishing this commercial trip limit would reduce the chances of
early closures during the fishing year as a result of AMs being
triggered, and thereby reduce the severity of any socioeconomic impacts
as a result of a commercial sector closure.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Regulatory Amendment 1, other provisions of the
Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
A description of this proposed rule, why it is being considered,
the objectives of, and legal basis for this proposed rule are contained
in the preamble and in the SUMMARY section of the preamble of this
proposed rule. The Magnuson-Stevens Act provides the basis for this
proposed rule.
This proposed rule is expected to directly affect federally
permitted Atlantic dolphin and wahoo commercial fishermen fishing for
dolphin in the South Atlantic and northeastern states (states north of
North Carolina) (Atlantic). The Small Business Administration
established size criteria for all major industry sectors in the U.S.
including fish harvesters. A business involved in fish harvesting is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of
$20.5 million (NAICS code 114111, finfish fishing) for all of its
affiliated operations worldwide.
From 2010 through 2014, an average of 531 vessels with the Federal
[[Page 42627]]
commercial permit for Atlantic dolphin and wahoo that landed at least 1
lb (0.45 kg) of dolphin generated total combined revenues (2014
dollars) of approximately $600,000 from dolphin, $3.87 million from
other species jointly landed with dolphin, and $15.40 million from all
other species in trips where dolphin was not caught. The average annual
revenue per vessel from all species, including dolphin, caught by these
vessels was $37,303. Of the 531 vessels, an average of 23 vessels used
longline for harvesting dolphin and generated combined total revenues
(2014 dollars) of approximately $361,000 from dolphin, $1.37 million
from other species jointly landed with dolphin, and $1.89 million from
all other species in trips where dolphin was not caught. The average
annual revenue per longline vessel was $82,276 (2014 dollars). Vessels
that caught and landed dolphin may also operate in other fisheries, the
revenues of which are not known and are not reflected in these totals.
Based on revenue information, all commercial vessels directly affected
by this proposed rule may be assumed to be small entities.
Because all entities expected to be directly affected by this
proposed rule are assumed to be small entities, NMFS determined that
this proposed rule would affect a substantial number of small entities.
However, the issue of disproportionate effects on small versus large
entities does not arise in the present case.
This proposed rule would establish a 4,000 lb (1,814 kg), round
weight, commercial trip limit for dolphin for vessels with a Federal
commercial permit for Atlantic dolphin and wahoo, once 75 percent of
the commercial ACL is reached.
For the first time, the dolphin commercial sector was subject to an
in-season closure on June 30, 2015, when the sector's ACL of 1,157,001
lb (524,806 kg), round weight, was reached (80 FR 36249, June 24, 2015,
and 80 FR 36932, June 29, 2015). However, the recently implemented
final rule for Amendment 8 to the FMP increased the dolphin commercial
ACL from 1,157,001 lb (524,807 kg), round weight, to 1,534,485 lb
(696,031 kg), round weight (81 FR 3781, January 22, 2016). Using 2015
data for the months open to commercial dolphin harvest during the
fishing year and average 2010-2014 data for the months closed to
dolphin harvest, NMFS estimated that in the absence of AM closures and
commercial trip limits the 2015 commercial landings would have been
approximately 1,229,669 lb (557,768 kg), round weight, with a dockside
value of $3,725,896 (2014 dollars). Thus, if the increased dolphin
commercial allocation had been in effect in 2015, it is likely that no
commercial closure would have occurred.
Based on the increased commercial allocation, and assuming effort
in 2016 and onwards would remain the same as estimated for the 2015
fishing year, 75 percent of the commercial ACL would be estimated to be
reached on August 25 each year, and the proposed trip limit would then
apply for the rest of the fishing year. The projected landings under
this scenario would be 1,229,669 lb (557,768 kg), round weight, with a
dockside value of $3,725,896 (2014 dollars). Thus, the proposed trip
limit would not result in any reduction in total landings or revenues.
Although total landings or revenues would not be adversely
affected, the proposed trip limit would be expected to have
disproportionate impacts on vessels, with high-volume vessels such as
those using longline gear more adversely affected than others. However,
based on the estimated landings and effort distribution by gear type
for 2015, the proposed trip limit would not be expected to adversely
affect the trips and landings of any vessel regardless of the gear type
they used.
Possibilities exist that the dolphin commercial sector may increase
future effort and landings so that the total harvest could reach or
exceed the commercial ACL if unrestrained by a trip limit. The harvest
closure in 2015, even though it happened before the increase in the
commercial ACL took effect, could motivate current participants to
increase their effort to take advantage of fishing opportunities before
harvest is prohibited. Because the Atlantic dolphin and wahoo
commercial permit is an open access permit, new entrants, particularly
longliners that fish for highly migratory species, could enter the
dolphin and wahoo fishery and increase total effort and harvest. If
this occurs, the proposed trip limits could constrain total harvest and
prolong the commercial season. Total revenues for a fishing year would
be expected to be higher, so long as the higher landings do not
substantially depress the dockside price for dolphin. It cannot be
determined, however, if higher revenues would translate to higher
profits because the trip limit would reduce profit per trip. However,
based on available data, NMFS analysis is that the proposed trip limit
may be expected to have no adverse effects on vessel revenues, and
thus, the proposed trip limit may be considered as a precautionary
measure at this time and will not have a significant economic impact on
the affected small entities.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, recordkeeping, or other
compliance requirements are introduced by this proposed rule.
Accordingly, this rule does not implicate the Paperwork Reduction Act.
The information provided above supports a determination that this
rule would not have a significant economic impact on a substantial
number of small entities. Because this rule, if implemented, is not
expected to have a significant economic impact on any small entities,
an initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Dolphin, Fisheries, Fishing, Trip limits.
Dated: June 23, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.278, revise paragraph (a) to read as follows:
Sec. 622.278 Commercial trip limits.
* * * * *
(a) Trip-limited permits--(1) Atlantic wahoo. (i) The trip limit
for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). This trip
limit applies to a vessel that has a Federal commercial permit for
Atlantic dolphin and wahoo, provided that the vessel is not operating
as a charter vessel or headboat.
(ii) See Sec. 622.280(b)(1) for the limitations regarding wahoo
after the ACL is reached.
(2) The trip limit for a vessel that does not have a Federal
commercial vessel permit for Atlantic dolphin and wahoo but has a
Federal commercial vessel permit in any other fishery is 200 lb (91 kg)
of dolphin and wahoo, combined, provided that all fishing on and
landings from that trip are north of 39[deg] N. lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
(3) Atlantic dolphin. (i) Once 75 percent of the ACL specified in
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Sec. 622.280(a)(1)(i) is reached, the trip limit is 4,000 lb (1,814
kg), round weight. When the conditions in this paragraph (a)(3)(i) have
been met, the Assistant Administrator will implement this trip limit by
filing a notification with the Office of the Federal Register. This
trip limit applies to a vessel that has a Federal commercial permit for
Atlantic dolphin and wahoo, provided that the vessel is not operating
as a charter vessel or headboat.
(ii) See Sec. 622.280(a)(1) for the limitations regarding dolphin
after the ACL is reached.
* * * * *
[FR Doc. 2016-15494 Filed 6-29-16; 8:45 am]
BILLING CODE 3510-22-P
