Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession and Trip Limit Reductions for the Common Pool Fishery, 81698-81699 [2016-27826]

Download as PDF 81698 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations that were proposed subject to notice and comment procedures in the CY 2017 PFS final rule. As a result, the correction made through this correcting document is intended to resolve inadvertent errors so that the rule accurately reflects the policies in the final rule. Even if this were a rulemaking to which the notice and comment and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the CY 2017 PFS final rule or delaying the effective date of the corrections would be contrary to the public interest because it is in the public interest to ensure that the rule accurately reflects the public comment period. Further, such procedures would be unnecessary, because we are not making any substantive revisions to the final rule, but rather, we are simply correcting the Federal Register document to reflect the policies in the final rule. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date. IV. Correction of Errors in the Regulations Text In FR Doc. 16–26668 appearing on page 80170 in the Federal Register of Tuesday, November 16, 2016, the following corrections are made: ■ 1. On pages 80552 and 80553, correct § 410.79 by— ■ a. In paragraph (b): ■ i. Removing the definition of ‘‘Evaluation weight’’; ■ ii. Revising the definitions of ‘‘MDPP supplier’’, ‘‘Medicare Diabetes Prevention Program (MDPP)’’, and ‘‘Required minimum weight loss’’; ■ iii. In the definition of ‘‘National Diabetes Prevention Program, removing ‘‘(DPP)’’ and adding in its place the term ‘‘(National DPP) ’’; and ■ b. Revising paragraphs (c)(1)(ii), (c)(1)(iv) and (c)(2)(i). The revisions read as follows: § 410.79 Medicare diabetes prevention program expanded model: Conditions of coverage. mstockstill on DSK3G9T082PROD with RULES * * * * * (b) * * * MDPP supplier refers to an entity that has enrolled in Medicare to furnish MDPP services. Medicare Diabetes Prevention Program (MDPP) refers to a model test expanded under section 1115A(c) of the Act that makes MDPP services available to MDPP eligible beneficiaries. * * * * * VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 Required minimum weight loss refers to the percentage by which the beneficiary’s updated weight is less than the baseline weight. The required minimum weight loss percentage is 5 percent. (c) * * * (1) * * * (ii) Have as of the date of attendance at the first core session a body mass index (BMI) of at least 25 if not selfidentified as Asian or a BMI of at least 23 if self-identified as Asian. * * * * * (iv) Have no previous diagnosis of type 1 or type 2 diabetes (other than gestational diabetes). * * * * * (2) * * * (i) Core sessions and core maintenance sessions. MDPP suppliers must furnish to MDPP eligible beneficiaries the MDPP core benefit. Sixteen core sessions must be furnished at least a week apart over the first 6 months. At least one core maintenance session must be furnished in each of the second 6 months. All core sessions and core maintenance sessions must have a duration of approximately one hour. MDPP suppliers must address at least 16 different curriculum topics in the core sessions and at least 6 different curriculum topics in the core maintenance sessions. * * * * * ■ 2. On page 80558, correct § 424.59 by revising paragraphs (a)(1) and (5), (b)(4)(i), and (e)(2)(i) to read as follows: § 424.59 Requirements for Medicare diabetes prevention program suppliers. (a) * * * (1) At the time of enrollment has full CDC DPRP recognition. * * * * * (5) Submits a roster of all coaches who will be furnishing MDPP services on the entity’s behalf that includes the coaches’ first and last names, SSN, and NPI. (b) * * * (4) * * * (i) Has attended one, four or nine core sessions, or * * * * * (e) * * * (2) * * * (i) Become eligible to bill for MDPP services again if it meets the requirements of paragraph (a)(1) of this section, and enrolls again in Medicare as an MDPP supplier subject to paragraph (a) of this section. * * * * * PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 Dated: November 14, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016–27733 Filed 11–15–16; 11:15 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XF002 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession and Trip Limit Reductions for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure and inseason adjustment. AGENCY: This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels and adjusts the Georges Bank cod possession and trip limit for common pool vessels for the remainder of Trimester 2, through December 31, 2016. The common pool fishery is projected to catch 90 percent of its Trimester 2 quota for Georges Bank cod. The closure and possession and trip limit reductions are intended to prevent an overage of the common pool’s quota for this stock. DATES: This action is effective November 15, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, (978) 282–8493. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. As of November 5, 2016, the common pool fishery has caught approximately 87 percent of the Trimester 2 TAC (4.2 mt) for Georges Bank (GB) cod. We SUMMARY: E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations project that 90 percent of the Trimester 2 TAC was caught by November 7. Effective November 15, 2016, the GB Cod Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2016, to all common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The GB Cod Trimester TAC Area consists of statistical areas 521, 522, 525, and 561. The area reopens at the beginning of Trimester 3 on January 1, 2017. The intent of the trimester TAC area closure is to close the area where 90 percent of the catch of the stock has occurred. However, data indicate that common pool vessels have caught approximately 35 percent of the total catch in Trimester 2 from outside the statistical areas that will be affected by the closure described above. Federal regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels to prevent the overharvest or underharvest of the common pool quotas. Therefore, the possession and trip limits for GB cod, are reduced as 81699 shown in Table 1, effective November 15, 2016, through December 31, 2016. This is intended to prevent the common pool from exceeding its sub-annual catch limit, but still allow for landing incidental catch of GB cod in areas not affected by the closure. On January 1, 2017, common pool possession and trip limits for GB cod will return to the initial limits set by Framework Adjustment 55 to the Northeast Multispecies Fishery Management Plan (FMP). TABLE 1—REDUCED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD Permit Initial 2016 limits Reduced limits A DAS * (outside of the Eastern U.S./Canada Area) ....... A DAS (Eastern U.S./Canada Area) ................................ A DAS (Special Access Programs) .................................. Handgear A ....................................................................... Handgear B ....................................................................... Regular B DAS Program .................................................. 500 lb per DAS up to 2,500 lb per trip ..... 100 lb per DAS up to 500 lb per trip ........ 1,000 lb per trip ........................................ 300 lb per trip ........................................... 25 lb per trip ............................................. 100 lb per DAS up to 1,000 lb per trip ..... 25 25 50 25 25 25 lb lb lb lb lb lb per per per per per per DAS up to 50 lb per trip. DAS up to 50 lb per trip. trip. trip. trip (unchanged). DAS up to 50 lb per trip. mstockstill on DSK3G9T082PROD with RULES * Day-at-sea (DAS). If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and crossed the VMS demarcation line prior to November 15, 2016, it may complete its trip within the Trimester TAC Area. Additionally, such vessels are not subject to the new possession and trip limits for that trip. A vessel that has set gillnet gear prior to November 15, 2016, may complete its trip by hauling such gear. Any overage of the Trimester 1 or 2 TACs must be deducted from the Trimester 3 TAC. Any uncaught portion of the Trimester 1 and Trimester 2 TACs is carried over into the next trimester. If the common pool fishery exceeds its sub-ACL for the 2016 fishing year, the overage must be deducted from the common pool’s sub-ACL for fishing year 2017. However, any uncaught portion of the common pool’s sub-ACL may not be carried over into the following fishing year. Weekly quota monitoring reports for the common pool fishery are on our Web site at: http:// www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealerreported landings, VMS catch reports, and other available information, and, if necessary, we will make additional adjustments to common pool management measures. VerDate Sep<11>2014 17:25 Nov 17, 2016 Jkt 241001 Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the 30-day delayed effectiveness period because it would be impracticable and contrary to the public interest. Regulations require the Regional Administrator to close a trimester TAC area to the common pool fishery when 90 percent of the Trimester TAC for a stock has been caught. Updated catch information only recently became available indicating that the common pool fishery caught 90 percent of its Trimester 2 TAC for GB cod by November 7, 2016. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, prevents the immediate closure of the GB Cod Trimester 2 TAC Area and reduction of the common pool’s GB cod possession and trip limits. Delaying the effective date of a closure and possession and trip limit reduction increases the likelihood that the common pool fishery will exceed its quota of GB cod to the detriment of this stock, which could undermine management objectives of the Northeast Multispecies FMP. Additionally, an overage of the common pool quota could cause negative economic impacts to the common pool fishery as a result of PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 overage paybacks in a future trimester or fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: November 15, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–27826 Filed 11–15–16; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 130919816–4205–02] RIN 0648–XF044 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2016 Management Area 1B Directed Fishery Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; directed fishery closure. AGENCY: NMFS is closing the directed herring fishery in management Area 1B, limiting catch from that area to 2,000 lb (907.2 kg) per trip and prohibiting landing more than once per calendar day, because it projects that 92 percent of the 2016 annual seasonal catch limit for that area will have been caught by the effective date. This action is SUMMARY: E:\FR\FM\18NOR1.SGM 18NOR1

Agencies

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81698-81699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27826]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF002


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch 
Area Closure and Possession and Trip Limit Reductions for the Common 
Pool Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; area closure and inseason adjustment.

-----------------------------------------------------------------------

SUMMARY: This action closes the Georges Bank Cod Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels and 
adjusts the Georges Bank cod possession and trip limit for common pool 
vessels for the remainder of Trimester 2, through December 31, 2016. 
The common pool fishery is projected to catch 90 percent of its 
Trimester 2 quota for Georges Bank cod. The closure and possession and 
trip limit reductions are intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective November 15, 2016, through December 31, 
2016.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, (978) 282-8493.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 
648.82(n)(2)(ii) require the Regional Administrator to close a common 
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 
percent of the Trimester TAC is projected to be caught. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock for the remainder of the trimester.
    As of November 5, 2016, the common pool fishery has caught 
approximately 87 percent of the Trimester 2 TAC (4.2 mt) for Georges 
Bank (GB) cod. We

[[Page 81699]]

project that 90 percent of the Trimester 2 TAC was caught by November 
7.
    Effective November 15, 2016, the GB Cod Trimester TAC Area is 
closed for the remainder of Trimester 2, through December 31, 2016, to 
all common pool vessels fishing with trawl gear, sink gillnet gear, and 
longline/hook gear. The GB Cod Trimester TAC Area consists of 
statistical areas 521, 522, 525, and 561. The area reopens at the 
beginning of Trimester 3 on January 1, 2017.
    The intent of the trimester TAC area closure is to close the area 
where 90 percent of the catch of the stock has occurred. However, data 
indicate that common pool vessels have caught approximately 35 percent 
of the total catch in Trimester 2 from outside the statistical areas 
that will be affected by the closure described above. Federal 
regulations at Sec.  648.86(o) authorize the Regional Administrator to 
adjust the possession and trip limits for common pool vessels to 
prevent the overharvest or underharvest of the common pool quotas. 
Therefore, the possession and trip limits for GB cod, are reduced as 
shown in Table 1, effective November 15, 2016, through December 31, 
2016. This is intended to prevent the common pool from exceeding its 
sub-annual catch limit, but still allow for landing incidental catch of 
GB cod in areas not affected by the closure.
    On January 1, 2017, common pool possession and trip limits for GB 
cod will return to the initial limits set by Framework Adjustment 55 to 
the Northeast Multispecies Fishery Management Plan (FMP).

   Table 1--Reduced Common Pool Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
                                     Initial 2016
             Permit                     limits          Reduced limits
------------------------------------------------------------------------
A DAS * (outside of the Eastern   500 lb per DAS up   25 lb per DAS up
 U.S./Canada Area).                to 2,500 lb per     to 50 lb per
                                   trip.               trip.
A DAS (Eastern U.S./Canada Area)  100 lb per DAS up   25 lb per DAS up
                                   to 500 lb per       to 50 lb per
                                   trip.               trip.
A DAS (Special Access Programs).  1,000 lb per trip.  50 lb per trip.
Handgear A......................  300 lb per trip...  25 lb per trip.
Handgear B......................  25 lb per trip....  25 lb per trip
                                                       (unchanged).
Regular B DAS Program...........  100 lb per DAS up   25 lb per DAS up
                                   to 1,000 lb per     to 50 lb per
                                   trip.               trip.
------------------------------------------------------------------------
* Day-at-sea (DAS).

    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to November 15, 2016, it may complete its trip 
within the Trimester TAC Area. Additionally, such vessels are not 
subject to the new possession and trip limits for that trip. A vessel 
that has set gillnet gear prior to November 15, 2016, may complete its 
trip by hauling such gear.
    Any overage of the Trimester 1 or 2 TACs must be deducted from the 
Trimester 3 TAC. Any uncaught portion of the Trimester 1 and Trimester 
2 TACs is carried over into the next trimester. If the common pool 
fishery exceeds its sub-ACL for the 2016 fishing year, the overage must 
be deducted from the common pool's sub-ACL for fishing year 2017. 
However, any uncaught portion of the common pool's sub-ACL may not be 
carried over into the following fishing year.
    Weekly quota monitoring reports for the common pool fishery are on 
our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, VMS catch 
reports, and other available information, and, if necessary, we will 
make additional adjustments to common pool management measures.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior 
notice and the opportunity for public comment and the 30-day delayed 
effectiveness period because it would be impracticable and contrary to 
the public interest.
    Regulations require the Regional Administrator to close a trimester 
TAC area to the common pool fishery when 90 percent of the Trimester 
TAC for a stock has been caught. Updated catch information only 
recently became available indicating that the common pool fishery 
caught 90 percent of its Trimester 2 TAC for GB cod by November 7, 
2016. The time necessary to provide for prior notice and comment, and a 
30-day delay in effectiveness, prevents the immediate closure of the GB 
Cod Trimester 2 TAC Area and reduction of the common pool's GB cod 
possession and trip limits. Delaying the effective date of a closure 
and possession and trip limit reduction increases the likelihood that 
the common pool fishery will exceed its quota of GB cod to the 
detriment of this stock, which could undermine management objectives of 
the Northeast Multispecies FMP.
    Additionally, an overage of the common pool quota could cause 
negative economic impacts to the common pool fishery as a result of 
overage paybacks in a future trimester or fishing year.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27826 Filed 11-15-16; 4:15 pm]
 BILLING CODE 3510-22-P