Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Scup Fishery; Framework Adjustment 9, 55166-55169 [2016-19702]
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55166
Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules
Number of Petitions Filed: 7.
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
47 CFR Part 54
[WC Docket Nos. 10–90, 14–58, 14–259;
Report No. 3050]
[FR Doc. 2016–19743 Filed 8–17–16; 8:45 am]
Federal Communications
Commission.
ACTION: Petitions for reconsideration
and clarification.
sradovich on DSK3GMQ082PROD with PROPOSALS
Jkt 238001
National Oceanic and Atmospheric
Administration
47 CFR Part 54
[WC Docket Nos. 10–90, 14–58 and CC
Docket No. 01–92; Report No. 3049]
Petitions for Reconsideration
and Clarification (Petitions) have been
filed in the Commission’s rulemaking
proceeding by Joseph DuFresne, on
behalf of Broad Valley Micro Fiber
Networks, Inc.; Stephen L. Goodman, on
behalf of ADTRAN, Inc.; Matthew
Crocker, on behalf of Crocker
Telecommunications, LLC; Tamara L.
Preiss, on behalf of Verizon; Wayne
Hawley, on behalf of Southern Tier
Wireless, Inc.; Martha A. Duggan and
Brett A. Kilbourne, on behalf of National
Rural Electric Cooperative Association
and Utilities Technology Council; and
John P. Janka, on behalf of ViaSat, Inc.
DATES: Oppositions to the Petition must
be filed on or before September 2, 2016.
Replies to an opposition must be filed
on or before September 12, 2016.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Heidi Lankau, Wireline Competition
Bureau, (202) 418–7400, email:
Heidi.Lankau@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3050, released
August 12, 2016. The full text of the
Petitions is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
or may be accessed online via the
Commission’s Electronic Comment
Filing System at https://apps.fcc.gov/
ecfs/. The Commission will not send a
copy of the Notice pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because the Notice does
not have an impact on any rules of
particular applicability.
Subject: Connect America Fund; ETC
Annual Reports and Certifications;
Rural Broadband Experiments, FCC 16–
64, published at 81 FR 44413, July 7,
2016, in WC Docket Nos. 10–90, 14–58,
and 14–259. The Notice is being
published pursuant to 47 CFR 1.429(e).
See also 47 CFR 1.4(b)(1) and 1.429(f),
(g).
15:03 Aug 17, 2016
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
FEDERAL COMMUNICATIONS
COMMISSION
AGENCY:
VerDate Sep<11>2014
[FR Doc. 2016–19739 Filed 8–17–16; 8:45 am]
BILLING CODE 6712–01–P
Petitions for Reconsideration and
Clarification of Action in Rulemaking
Proceeding
SUMMARY:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Petition for Reconsideration and
Clarification of Action in Rulemaking
Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration and
clarification.
AGENCY:
A Petition for Reconsideration
and Clarification (Petition) has been
filed in the Commission’s rulemaking
proceeding by Paul Stark on behalf of
Baraga Telephone Company.
DATES: Oppositions to the Petition must
be filed on or before September 2, 2016.
Replies to an opposition must be filed
on or before September 12, 2016.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Suzanne Yelen, Wireline Competition
Bureau, (202) 418–0626, email:
Suzanne.Yelen@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3049, released
August 10, 2016. The full text of the
Petition is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
or may be accessed online via the
Commission’s Electronic Comment
Filing System at https://apps.fcc.gov/
ecfs/. The Commission will not send a
copy of this Notice pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because this Notice does
not have an impact on any rules of
particular applicability.
Subject: Connect America Fund; ETC
Annual Reports and Certifications;
Developing a Unified Intercarrier
Compensation Regime, FCC 16–33,
published at 81 FR 24282, April 25,
2016, in WC Docket Nos. 10–90 and 14–
58; CC Docket No. 01–92. This Notice is
being published pursuant to 47 CFR
1.429(e). See also 47 CFR 1.4(b)(1) and
1.429(f), (g).
Number of Petitions Filed: 1.
SUMMARY:
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50 CFR Part 648
[Docket No. 160615524–6524–01]
RIN 0648–BG13
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Scup
Fishery; Framework Adjustment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action proposes
modifications to the Southern Scup
Gear Restricted Area, as recommended
by the Mid-Atlantic Fishery
Management Council. The proposed
changes would modify the southern and
eastern boundaries of the Southern Scup
Gear Restricted Area, which is in effect
from January 1 through March 15 of
each year. This rule is intended to
increase access to traditional squid
fishing areas, while maintaining
protection for juvenile scup.
DATES: Comments must be received by
September 19, 2016.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2016–0102,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA–NMFS–2016–
0102;
2. Click the ‘‘Comment Now!’’ icon
and complete the required fields; and
3. Enter or attach your comments.
• 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
the Scup GRA Framework.’’
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
SUMMARY:
E:\FR\FM\18AUP1.SGM
18AUP1
Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules
considered by us. 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. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of the Scup Gear Restricted
Area Modification Framework,
including the draft Environmental
Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility
Act Analysis prepared by the MidAtlantic Fishery Management Council
in support of this action are available
from Dr. Christopher Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901. The
supporting documents are also
accessible via the Internet at: https://
www.mafmc.org/actions/scup-gearrestricted-areas-framework or https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/scup/.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Program Specialist,
phone: 978–281–9218; email:
Moira.Kelly@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
sradovich on DSK3GMQ082PROD with PROPOSALS
Scup (Stenotomus chrysops) is
managed jointly by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission through the Summer
Flounder, Scup, Black Sea Bass Fishery
Management Plan (FMP). The
management unit specified in the FMP
for scup is U.S. waters of the Atlantic
VerDate Sep<11>2014
15:03 Aug 17, 2016
Jkt 238001
Ocean from 35°13.3′ N. lat. (the latitude
of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada
border. Currently, the scup stock is not
overfished and it is not experiencing
overfishing.
When scup was overfished prior to
2009, the Council and NMFS
determined that juvenile scup mortality
in small-mesh fisheries (i.e., those
fisheries using mesh smaller than the
minimum size specified in the scup
regulations) was highly problematic.
Two seasonal Gear Restricted Areas
(GRAs) were implemented to prohibit
vessels fishing for squid, black sea bass,
or silver hake (also known as whiting)
from using mesh smaller than the 5.0inch (12.7-cm) minimum scup mesh
size in the areas during certain times of
year. The GRAs were implemented in
2000 (May 24, 2000, 65 FR 33486) and
modified several times (December 27,
2000, 65 FR 81761; March 1, 2001, 66
FR 12902; January 2, 2003, 68 FR 60;
January 4, 2005, 70 FR 303) between
2000 and 2005. Details on the changes
to the GRAs are described in those
actions and are not repeated here. Most
often the changes were enacted to
accommodate access for one of the
regulated small-mesh fisheries, while
still maintaining an effective level of
protection for juvenile scup. The GRAs
in their current forms have been in
effect since 2003 (Northern GRA) and
2005 (Southern GRA). Scup has been
considered rebuilt since 2009, and is
currently estimated to be approximately
210 percent of the biomass target,
although it has begun to decline in
recent years. Research by the Northeast
Fisheries Science Center suggests that
minimizing juvenile mortality in the
GRAs likely contributed to the recovery
and expansion of the scup population.
Like the prior modifications, the
Council began considering modifying
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55167
the GRAs in early 2014 in response to
requests from the squid fishery to
increase access to historic fishing
grounds during the seasons in which the
GRAs are in effect. Because of the
spatial overlap of several of the
alternatives in the Council’s Deep-Sea
Coral Amendment (https://
www.mafmc.org/actions/msb-am16), the
Council postponed development of the
Scup GRA framework until action on
the Coral Amendment had been
completed. The Council took final
action on the Deep-Sea Coral
Amendment in June 2015, and the
action is currently under review at
NMFS.
The Council initially considered
modifications to the boundaries and
seasons of both GRAs, but ultimately
determined that the only changes
warranted at this time were to the
southern and eastern boundaries of the
Southern GRA. The Council considered
several variations of the Southern GRA
boundary and determined that the
proposed measure best balanced the
needs of the squid fishery and the
protective value of the Southern GRA
for juvenile scup from January 1–March
15.
Proposed Modifications
The proposed change to the Southern
GRA would shift the eastern boundary
west roughly following the outermost
points of the proposed Deep-Sea Coral
Protection Areas. The proposal would
also remove the southern portions of the
GRA that overlap statistical areas 631
and 632. The current (thick outline) and
proposed (hatched) Southern GRA are
shown in the figure below. The
proposed Southern GRA coordinates are
provided in the proposed regulatory
text.
E:\FR\FM\18AUP1.SGM
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules
The Council designed the
recommended modifications to
minimize overlap between the GRA and
the recommended discrete deep-sea
coral areas. The eastern boundary is
intended to restore access to the squid
fishery in areas approximately 55 to 60
fathoms (100 to 110 m) and deeper. The
shift to the southern boundary north is
based on analysis suggesting there are
very few scup in statistical areas 631
and 632 from January through March.
The Council’s proposal would
marginally reduce the amount of
protection for the scup stock, in return
for a modest increase in squid
availability. The proposed Southern
GRA is smaller than the current one;
slightly reducing coverage of the scup
estimated to the covered by the GRA.
However, analysis shows that this
change would result in a modest
increase in access for the squid and
whiting fisheries and a slight increase in
the availability of black sea bass in the
GRA from January 1–March 15. It is
important to note, however, that the
amount of each stock (by weight)
currently estimated to be within the
GRA during the winter is only a small
fraction of the total stock abundance
during that same timeframe. As a result,
we do not expect the proposed
VerDate Sep<11>2014
15:03 Aug 17, 2016
Jkt 238001
boundary changes to compromise the
scup stock or result in overfishing for
squid, black sea bass, or whiting.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, 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 that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The Council conducted an evaluation
of the potential socioeconomic impacts
of the proposed measures in
conjunction with an Environmental
Assessment. There were 64 federally
permitted squid, whiting, and black sea
bass vessels fishing with small-mesh
from January 1–March 15 in the
statistical areas covered by the GRA for
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Sfmt 4702
the past three years. These are the
vessels likely to be affected by this
action. For RFA purposes only, NMFS
has established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
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 has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. Of those 64
vessels, 61 are considered ‘‘small’’ by
the NMFS size standards, and three are
considered ‘‘large.’’ The proposed
measure would modify the boundaries
of the Southern Scup GRA and is
intended to increase access to the squid,
whiting, and black sea bass fisheries.
The boundary changes were designed to
maintain a high level of discard
mortality protection for the scup fishery,
while increasing opportunity, and
therefore revenue, for the small-mesh
fishery targeting squid, whiting, and
black sea bass. The changes are not
expected to result in excessive increases
in mortality for any species. As a result,
economic impact of this action is
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EP18AU16.010</GPH>
sradovich on DSK3GMQ082PROD with PROPOSALS
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules
expected to be slightly positive for all of
the affected vessels in those fisheries.
Because this rule will not have a
significant economic impact on a
substantial number of small entities, an
initial regulatory flexibility analysis is
not required and none has been
prepared.
There are no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: August 12, 2016.
Paul Doremus,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
sradovich on DSK3GMQ082PROD with PROPOSALS
■
VerDate Sep<11>2014
15:03 Aug 17, 2016
Jkt 238001
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.124, revise paragraph (a)(1)
to read as follows:
■
§ 648.124 Scup commercial season and
commercial fishery area restrictions.
55169
SOUTHERN GEAR RESTRICTED AREA
Point
SGA1 ........
SGA2 ........
SGA3 ........
SGA4 ........
SGA5 ........
SGA6 ........
SGA7 ........
SGA8 ........
SGA9 ........
SGA10 ......
SGA11 ......
SGA12 ......
SGA13 ......
SGA14 ......
SGA15 ......
SGA16 ......
SGA17 ......
SGA18 ......
SGA19 ......
SGA20 ......
SGA1 ........
N. lat.
39.333333
39.073019
38.496545
38.477560
38.495300
38.438654
38.219230
38.229019
38.199688
37.492224
37.490513
37.476656
37.116111
37.097222
37.073889
37.057931
37.000000
37.000000
38.000000
39.333333
39.333333
W. long.
¥72.616667
¥72.786958
¥73.467370
¥73.489477
¥73.510888
¥73.557363
¥73.829500
¥73.845524
¥73.877487
¥74.499182
¥74.504757
¥74.510019
¥74.680000
¥74.759444
¥74.683889
¥74.672732
¥74.716667
¥75.050000
¥74.383333
¥72.883333
¥72.616667
(a) Southern Gear Restricted Area—(1)
Restrictions. From January 1 through
March 15, all trawl vessels in the
Southern Gear Restricted Area that fish
for or possess non-exempt species as
specified in paragraph (a)(2) of this
section must fish with nets that have a
minimum mesh size of 5.0-inch (12.7cm) diamond mesh, applied throughout
the codend for at least 75 continuous
meshes forward of the terminus of the
net. For trawl nets with codends
(including an extension) of fewer than
75 meshes, the entire trawl net must
have a minimum mesh size of 5.0 inches
(12.7 cm) throughout the net. The
Southern Gear Restricted Area is an area
bounded by straight lines connecting
*
*
*
*
*
the following points in the order stated
[FR Doc. 2016–19702 Filed 8–17–16; 8:45 am]
(copies of a chart depicting the area are
BILLING CODE 3510–22–P
available from the Regional
Administrator upon request):
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]]>Agencies
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Proposed Rules]
[Pages 55166-55169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19702]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160615524-6524-01]
RIN 0648-BG13
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Scup Fishery;
Framework Adjustment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action proposes modifications to the Southern Scup Gear
Restricted Area, as recommended by the Mid-Atlantic Fishery Management
Council. The proposed changes would modify the southern and eastern
boundaries of the Southern Scup Gear Restricted Area, which is in
effect from January 1 through March 15 of each year. This rule is
intended to increase access to traditional squid fishing areas, while
maintaining protection for juvenile scup.
DATES: Comments must be received by September 19, 2016.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0102,
by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0102;
2. Click the ``Comment Now!'' icon and complete the required
fields; and
3. Enter or attach your comments.
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 the Scup GRA Framework.''
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
[[Page 55167]]
considered by us. 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. We will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous).
Copies of the Scup Gear Restricted Area Modification Framework,
including the draft Environmental Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility Act Analysis prepared by the
Mid-Atlantic Fishery Management Council in support of this action are
available from Dr. Christopher Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901. The supporting documents are also accessible via the Internet
at: https://www.mafmc.org/actions/scup-gear-restricted-areas-framework
or https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scup/.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Program
Specialist, phone: 978-281-9218; email: Moira.Kelly@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Scup (Stenotomus chrysops) is managed jointly by the Mid-Atlantic
Fishery Management Council and the Atlantic States Marine Fisheries
Commission through the Summer Flounder, Scup, Black Sea Bass Fishery
Management Plan (FMP). The management unit specified in the FMP for
scup is U.S. waters of the Atlantic Ocean from 35[deg]13.3' N. lat.
(the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the
U.S./Canada border. Currently, the scup stock is not overfished and it
is not experiencing overfishing.
When scup was overfished prior to 2009, the Council and NMFS
determined that juvenile scup mortality in small-mesh fisheries (i.e.,
those fisheries using mesh smaller than the minimum size specified in
the scup regulations) was highly problematic. Two seasonal Gear
Restricted Areas (GRAs) were implemented to prohibit vessels fishing
for squid, black sea bass, or silver hake (also known as whiting) from
using mesh smaller than the 5.0-inch (12.7-cm) minimum scup mesh size
in the areas during certain times of year. The GRAs were implemented in
2000 (May 24, 2000, 65 FR 33486) and modified several times (December
27, 2000, 65 FR 81761; March 1, 2001, 66 FR 12902; January 2, 2003, 68
FR 60; January 4, 2005, 70 FR 303) between 2000 and 2005. Details on
the changes to the GRAs are described in those actions and are not
repeated here. Most often the changes were enacted to accommodate
access for one of the regulated small-mesh fisheries, while still
maintaining an effective level of protection for juvenile scup. The
GRAs in their current forms have been in effect since 2003 (Northern
GRA) and 2005 (Southern GRA). Scup has been considered rebuilt since
2009, and is currently estimated to be approximately 210 percent of the
biomass target, although it has begun to decline in recent years.
Research by the Northeast Fisheries Science Center suggests that
minimizing juvenile mortality in the GRAs likely contributed to the
recovery and expansion of the scup population.
Like the prior modifications, the Council began considering
modifying the GRAs in early 2014 in response to requests from the squid
fishery to increase access to historic fishing grounds during the
seasons in which the GRAs are in effect. Because of the spatial overlap
of several of the alternatives in the Council's Deep-Sea Coral
Amendment (https://www.mafmc.org/actions/msb-am16), the Council
postponed development of the Scup GRA framework until action on the
Coral Amendment had been completed. The Council took final action on
the Deep-Sea Coral Amendment in June 2015, and the action is currently
under review at NMFS.
The Council initially considered modifications to the boundaries
and seasons of both GRAs, but ultimately determined that the only
changes warranted at this time were to the southern and eastern
boundaries of the Southern GRA. The Council considered several
variations of the Southern GRA boundary and determined that the
proposed measure best balanced the needs of the squid fishery and the
protective value of the Southern GRA for juvenile scup from January 1-
March 15.
Proposed Modifications
The proposed change to the Southern GRA would shift the eastern
boundary west roughly following the outermost points of the proposed
Deep-Sea Coral Protection Areas. The proposal would also remove the
southern portions of the GRA that overlap statistical areas 631 and
632. The current (thick outline) and proposed (hatched) Southern GRA
are shown in the figure below. The proposed Southern GRA coordinates
are provided in the proposed regulatory text.
[[Page 55168]]
[GRAPHIC] [TIFF OMITTED] TP18AU16.010
The Council designed the recommended modifications to minimize
overlap between the GRA and the recommended discrete deep-sea coral
areas. The eastern boundary is intended to restore access to the squid
fishery in areas approximately 55 to 60 fathoms (100 to 110 m) and
deeper. The shift to the southern boundary north is based on analysis
suggesting there are very few scup in statistical areas 631 and 632
from January through March. The Council's proposal would marginally
reduce the amount of protection for the scup stock, in return for a
modest increase in squid availability. The proposed Southern GRA is
smaller than the current one; slightly reducing coverage of the scup
estimated to the covered by the GRA. However, analysis shows that this
change would result in a modest increase in access for the squid and
whiting fisheries and a slight increase in the availability of black
sea bass in the GRA from January 1-March 15. It is important to note,
however, that the amount of each stock (by weight) currently estimated
to be within the GRA during the winter is only a small fraction of the
total stock abundance during that same timeframe. As a result, we do
not expect the proposed boundary changes to compromise the scup stock
or result in overfishing for squid, black sea bass, or whiting.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with an Environmental
Assessment. There were 64 federally permitted squid, whiting, and black
sea bass vessels fishing with small-mesh from January 1-March 15 in the
statistical areas covered by the GRA for the past three years. These
are the vessels likely to be affected by this action. For RFA purposes
only, NMFS has established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2). A business primarily engaged in
commercial fishing (NAICS code 11411) 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 has combined annual
receipts not in excess of $11 million for all its affiliated operations
worldwide. Of those 64 vessels, 61 are considered ``small'' by the NMFS
size standards, and three are considered ``large.'' The proposed
measure would modify the boundaries of the Southern Scup GRA and is
intended to increase access to the squid, whiting, and black sea bass
fisheries. The boundary changes were designed to maintain a high level
of discard mortality protection for the scup fishery, while increasing
opportunity, and therefore revenue, for the small-mesh fishery
targeting squid, whiting, and black sea bass. The changes are not
expected to result in excessive increases in mortality for any species.
As a result, economic impact of this action is
[[Page 55169]]
expected to be slightly positive for all of the affected vessels in
those fisheries.
Because this rule will not have a significant economic impact on a
substantial number of small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 12, 2016.
Paul Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be 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. 648.124, revise paragraph (a)(1) to read as follows:
Sec. 648.124 Scup commercial season and commercial fishery area
restrictions.
(a) Southern Gear Restricted Area--(1) Restrictions. From January 1
through March 15, all trawl vessels in the Southern Gear Restricted
Area that fish for or possess non-exempt species as specified in
paragraph (a)(2) of this section must fish with nets that have a
minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net. For trawl nets with codends (including an
extension) of fewer than 75 meshes, the entire trawl net must have a
minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The
Southern Gear Restricted Area is an area bounded by straight lines
connecting the following points in the order stated (copies of a chart
depicting the area are available from the Regional Administrator upon
request):
Southern Gear Restricted Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SGA1.................................... 39.333333 -72.616667
SGA2.................................... 39.073019 -72.786958
SGA3.................................... 38.496545 -73.467370
SGA4.................................... 38.477560 -73.489477
SGA5.................................... 38.495300 -73.510888
SGA6.................................... 38.438654 -73.557363
SGA7.................................... 38.219230 -73.829500
SGA8.................................... 38.229019 -73.845524
SGA9.................................... 38.199688 -73.877487
SGA10................................... 37.492224 -74.499182
SGA11................................... 37.490513 -74.504757
SGA12................................... 37.476656 -74.510019
SGA13................................... 37.116111 -74.680000
SGA14................................... 37.097222 -74.759444
SGA15................................... 37.073889 -74.683889
SGA16................................... 37.057931 -74.672732
SGA17................................... 37.000000 -74.716667
SGA18................................... 37.000000 -75.050000
SGA19................................... 38.000000 -74.383333
SGA20................................... 39.333333 -72.883333
SGA1.................................... 39.333333 -72.616667
------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-19702 Filed 8-17-16; 8:45 am]
BILLING CODE 3510-22-P
