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]

Download as PDF 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. * * * * * 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. * * * * * (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 .................................................... * * * * * 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 * * * * * (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 VerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 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 PO 00000 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: Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1 42626 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules sradovich on DSK3GDR082PROD with PROPOSALS 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 http:// 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: VerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 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 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30JNP1.SGM 30JNP1 sradovich on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules 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 VerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 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 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 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. * * * * * (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 E:\FR\FM\30JNP1.SGM 30JNP1 42628 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules sradovich on DSK3GDR082PROD with PROPOSALS § 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 VerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 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. PO 00000 Frm 00060 Fmt 4702 Sfmt 9990 (ii) See § 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 E:\FR\FM\30JNP1.SGM 30JNP1

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.

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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 http://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

[[Page 42628]]

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