Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Modifications for the Common Pool Fishery, 95492-95493 [2016-31403]

Download as PDF 95492 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or the agency consults with State and local governments early in the process of developing the proposed regulation. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The reason is that this rule applies to motor vehicle manufacturers. Thus, the requirements of Section 6 of the Executive Order do not apply. sradovich on DSK3GMQ082PROD with RULES D. Unfunded Mandates Reform Act of 1995 (UMRA) The Unfunded Mandates Reform Act of 1995, Public Law 104–4, requires agencies to prepare a written assessment of the cost, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Because NHTSA does not believe that this rule will necessarily have a $100 million effect, no Unfunded Mandates assessment will be prepared. E. Executive Order 12778 (Civil Justice Reform) This rule does not have a retroactive or preemptive effect. Judicial review of this rule may be obtained pursuant to 5 U.S.C. 702. That section does not require that a petition for reconsideration be filed prior to seeking judicial review. F. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980, we state that there are no requirements for information collection associated with this rulemaking action. VerDate Sep<11>2014 16:15 Dec 27, 2016 Jkt 241001 G. Privacy Act Please note that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit https://www.transportation.gov/privacy. Issued on: December 21, 2016. Mark R. Rosekind, Administrator. List of Subjects in 49 CFR Part 578 Fuel economy, Motor vehicles, Penalties. In consideration of the foregoing, 49 CFR part 578 is amended as set forth below. RIN 0648–XF074 PART 578—CIVIL AND CRIMINAL PENALTIES AGENCY: 1. The authority citation for 49 CFR part 578 is revised to read as follows: ■ Authority: Pub. L. 101–410, Pub. L. 104– 134, Pub. L. 109–59, Pub. L. 114–74, Pub L. 114–94, 49 U.S.C. 32902 and 32912; delegation of authority at 49 CFR 1.81, 1.95. 2. Section 578.6 is amended by revising paragraph (h) to read as follows: ■ § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. * * * * * (h) Automobile fuel economy. (1) A person that violates 49 U.S.C. 32911(a) is liable to the United States Government for a civil penalty of not more than $40,000 for each violation. A separate violation occurs for each day the violation continues. (2) Except as provided in 49 U.S.C. 32912(c), beginning with model year 2019, a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $14, plus any adjustments for inflation that occurred or may occur (for model years before model year 2019, the civil penalty is $5.50), multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles to which the standard applies produced by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year. * * * * * PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 [FR Doc. 2016–31136 Filed 12–27–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Modifications for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. This action increases the possession and trip limits for Southern New England/Mid-Atlantic yellowtail flounder and reduces the possession and trip limits for Georges Bank cod in place for Northeast multispecies common pool vessels for the remainder of the 2016 fishing year. The Regional Administrator is authorized to adjust possession and trip limits for common pool vessels to facilitate harvesting, or prevent exceeding, the pertinent common pool quotas during the fishing year. Increasing the possession and trip limits on Southern New England/MidAtlantic yellowtail flounder is intended to provide additional fishing opportunities and help allow the common pool fishery to catch its allowable quota for the stock, while reducing the possession and trip limits for Georges Bank cod is necessary to prevent overharvest of the common pool quota for that stock. DATES: The action increasing the possession and trip limits for Southern New England/Mid-Atlantic yellowtail flounder is effective December 22, 2016, through April 30, 2017. The action decreasing the possession and trip limits for Georges Bank cod is effective January 1, 2017, through April 30, 2017. FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management Specialist, 978–281–9236. SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to SUMMARY: E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations prevent the overharvest and facilitate utilization of the common pool quotas. As of December 1, 2016, the common pool had caught less than 5 percent of its sub-annual catch limit (ACL) of Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder. We project that a moderate increase in the possession and trip limit for SNE/MA yellowtail flounder will result in greater fishing opportunities and little risk of exceeding the common pool sub-ACL of that stock in the current fishing year. To allow the common pool fishery to catch more of its quota for this stock, effective December 22, 2016, the possession and trip limit of SNE/MA yellowtail flounder for all common pool vessels of 250 lb (113.4 kg) per day-at-sea (DAS), and 500 lb (226.8 kg) per trip is increased, to 500 lb (226.8 kg) per DAS, and 1,000 lb (453.6 kg) per trip. It is unlawful for any common pool vessel to exceed the new possession and trip limits. On November 15, 2016, we reduced possession and trip limits for Georges Bank (GB) cod to prevent an overage of the common pool’s quota for the stock. These reduced possession and trip limits were set to expire on December 31, 2016, and return to the initial limits set by Framework Adjustment 55 to the Northeast Multispecies Fishery Management Plan (FMP). We project that if the current possession and trip limits were to expire there will likely be a significant overage of the common pool quota for this stock before the end of the fishing year. As of December 1, 95493 2016, the common pool had caught approximately 76 percent of its sub-ACL of GB cod. To prevent the common pool fishery from exceeding its quota for this stock during the remainder of the fishing year, effective January 1, 2017, the possession and trip limits for GB cod will remain at the current limits (see Table 1) instead of returning to the initial limits set by Framework Adjustment 55 to the Northeast Multispecies FMP. We are also setting a new 25-lb (11.3-kg) per trip GB cod trip limit on common pool vessels fishing with a small vessel category permit. As a result, effective January 1, 2017, it is unlawful for a common pool vessel to exceed the possession and trip limits listed in Table 1. TABLE 1—CURRENT AND UPDATED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD Permit Current limits (as of November 15, 2016) Updated limits (effective January 1, 2017) 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 ..... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip (unchanged). 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip (unchanged). 50 lb (22.7 kg) per trip (unchanged). Small Vessel Category (≤30 ft). 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 50 lb (22.7 kg) per trip .................................................... 25 lb (11.3 kg) per trip .................................................... 25 lb (11.3 kg) per trip .................................................... 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ... 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined. Maximum of 25 lb (11.3 kg) of GOM cod and 200 lb (90.7 kg) of GOM haddock within the 300-lb (136.1kg) combined trip limit. 25 lb (11.3 kg) per trip (unchanged). 25 lb (11.3 kg) per trip (unchanged). 25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip (unchanged). 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined. Maximum of 25 lb (11.3 kg) of cod and 200 lb (90.7 kg) of GOM haddock within the 300-lb (136.1-kg) combined trip limit. * Day-at-sea (DAS). Weekly quota monitoring reports for the common pool fishery can be found on our Web site at: http://www.greater atlantic.fisheries.noaa.gov/ro/fso/Multi MonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealer-reported landings, vessel monitoring system catch reports and other available information and, if necessary, we will make additional adjustments to common pool management measures. sradovich on DSK3GMQ082PROD with RULES 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. VerDate Sep<11>2014 16:15 Dec 27, 2016 Jkt 241001 The regulations at § 648.86(o) authorize the Regional Administrator to adjust the Northeast multispecies possession and trip limits for common pool vessels to prevent the overharvest and facilitate utilization of common pool sub-ACLs. The catch data used to justify increasing the SNE/MA yellowtail flounder possession and trip limits and maintaining current possession and trip limits for GB cod only recently became available. The possession and trip limit increase implemented through this action allows for increased harvest of SNE/MA yellowtail flounder, to help ensure that the fishery may achieve the optimum yield (OY) for this stock. As a result, the time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent us from increasing the possession and trip limit for SNE/MA yellowtail flounder in a timely manner, which could prevent the fishery from achieving the OY. Further, the same delay would prevent us from implementing measures to prevent PO 00000 Frm 00097 Fmt 4700 Sfmt 9990 overutilization of the GB cod sub-ACL, leading to further negative impacts on the fishery. Either outcome would undermine management objectives of the Northeast Multispecies FMP and cause unnecessary negative economic impacts to the common pool fishery. There is additional good cause to waive the delayed effective period because this action in part relieves restrictions on fishing vessels by increasing a trip limit on SNE/MA yellowtail flounder and also limits regulatory confusion by maintaining status quo restrictions to more effectively prevent overharvest of the GB cod sub-ACL. Authority: 16 U.S.C. 1801 et seq. Dated: December 22, 2016. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–31403 Filed 12–22–16; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95492-95493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31403]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-XF074


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Possession and Trip Limit Modifications for the 
Common Pool Fishery

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

ACTION: Temporary rule; inseason adjustment.

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

SUMMARY: This action increases the possession and trip limits for 
Southern New England/Mid-Atlantic yellowtail flounder and reduces the 
possession and trip limits for Georges Bank cod in place for Northeast 
multispecies common pool vessels for the remainder of the 2016 fishing 
year. The Regional Administrator is authorized to adjust possession and 
trip limits for common pool vessels to facilitate harvesting, or 
prevent exceeding, the pertinent common pool quotas during the fishing 
year. Increasing the possession and trip limits on Southern New 
England/Mid-Atlantic yellowtail flounder is intended to provide 
additional fishing opportunities and help allow the common pool fishery 
to catch its allowable quota for the stock, while reducing the 
possession and trip limits for Georges Bank cod is necessary to prevent 
overharvest of the common pool quota for that stock.

DATES: The action increasing the possession and trip limits for 
Southern New England/Mid-Atlantic yellowtail flounder is effective 
December 22, 2016, through April 30, 2017. The action decreasing the 
possession and trip limits for Georges Bank cod is effective January 1, 
2017, through April 30, 2017.

FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management 
Specialist, 978-281-9236.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 648.86(o) 
authorize the Regional Administrator to adjust the possession and trip 
limits for common pool vessels in order to

[[Page 95493]]

prevent the overharvest and facilitate utilization of the common pool 
quotas. As of December 1, 2016, the common pool had caught less than 5 
percent of its sub-annual catch limit (ACL) of Southern New England/
Mid-Atlantic (SNE/MA) yellowtail flounder. We project that a moderate 
increase in the possession and trip limit for SNE/MA yellowtail 
flounder will result in greater fishing opportunities and little risk 
of exceeding the common pool sub-ACL of that stock in the current 
fishing year. To allow the common pool fishery to catch more of its 
quota for this stock, effective December 22, 2016, the possession and 
trip limit of SNE/MA yellowtail flounder for all common pool vessels of 
250 lb (113.4 kg) per day-at-sea (DAS), and 500 lb (226.8 kg) per trip 
is increased, to 500 lb (226.8 kg) per DAS, and 1,000 lb (453.6 kg) per 
trip. It is unlawful for any common pool vessel to exceed the new 
possession and trip limits.
    On November 15, 2016, we reduced possession and trip limits for 
Georges Bank (GB) cod to prevent an overage of the common pool's quota 
for the stock. These reduced possession and trip limits were set to 
expire on December 31, 2016, and return to the initial limits set by 
Framework Adjustment 55 to the Northeast Multispecies Fishery 
Management Plan (FMP). We project that if the current possession and 
trip limits were to expire there will likely be a significant overage 
of the common pool quota for this stock before the end of the fishing 
year. As of December 1, 2016, the common pool had caught approximately 
76 percent of its sub-ACL of GB cod. To prevent the common pool fishery 
from exceeding its quota for this stock during the remainder of the 
fishing year, effective January 1, 2017, the possession and trip limits 
for GB cod will remain at the current limits (see Table 1) instead of 
returning to the initial limits set by Framework Adjustment 55 to the 
Northeast Multispecies FMP. We are also setting a new 25-lb (11.3-kg) 
per trip GB cod trip limit on common pool vessels fishing with a small 
vessel category permit. As a result, effective January 1, 2017, it is 
unlawful for a common pool vessel to exceed the possession and trip 
limits listed in Table 1.

 Table 1--Current and Updated Common Pool Possession and Trip Limits for
                                 GB Cod
------------------------------------------------------------------------
                               Current limits (as      Updated limits
           Permit                of November 15,     (effective January
                                      2016)               1, 2017)
------------------------------------------------------------------------
A DAS* (outside of the        25 lb (11.3 kg) per   25 lb (11.3 kg) per
 Eastern U.S./Canada Area).    DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
A DAS (Eastern U.S./Canada    25 lb (11.3 kg) per   25 lb (11.3 kg) per
 Area).                        DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
A DAS (Special Access         50 lb (22.7 kg) per   50 lb (22.7 kg) per
 Programs).                    trip.                 trip (unchanged).
Handgear A..................  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               trip.                 trip (unchanged).
Handgear B..................  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               trip.                 trip (unchanged).
Regular B DAS Program.......  25 lb (11.3 kg) per   25 lb (11.3 kg) per
                               DAS up to 50 lb       DAS up to 50 lb
                               (22.7 kg) per trip.   (22.7 kg) per trip
                                                     (unchanged).
Small Vessel Category (<=30   300 lb (136.1 kg) of  300 lb (136.1 kg) of
 ft).                          cod, haddock, and     cod, haddock, and
                               yellowtail flounder   yellowtail flounder
                               combined.             combined.
                              Maximum of 25 lb      Maximum of 25 lb
                               (11.3 kg) of GOM      (11.3 kg) of cod
                               cod and 200 lb        and 200 lb (90.7
                               (90.7 kg) of GOM      kg) of GOM haddock
                               haddock within the    within the 300-lb
                               300-lb (136.1-kg)     (136.1-kg) combined
                               combined trip limit.  trip limit.
------------------------------------------------------------------------
* Day-at-sea (DAS).

    Weekly quota monitoring reports for the common pool fishery can be 
found 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, vessel monitoring system 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.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels to prevent the overharvest and 
facilitate utilization of common pool sub-ACLs. The catch data used to 
justify increasing the SNE/MA yellowtail flounder possession and trip 
limits and maintaining current possession and trip limits for GB cod 
only recently became available. The possession and trip limit increase 
implemented through this action allows for increased harvest of SNE/MA 
yellowtail flounder, to help ensure that the fishery may achieve the 
optimum yield (OY) for this stock. As a result, the time necessary to 
provide for prior notice and comment, and a 30-day delay in 
effectiveness, would prevent us from increasing the possession and trip 
limit for SNE/MA yellowtail flounder in a timely manner, which could 
prevent the fishery from achieving the OY. Further, the same delay 
would prevent us from implementing measures to prevent overutilization 
of the GB cod sub-ACL, leading to further negative impacts on the 
fishery. Either outcome would undermine management objectives of the 
Northeast Multispecies FMP and cause unnecessary negative economic 
impacts to the common pool fishery. There is additional good cause to 
waive the delayed effective period because this action in part relieves 
restrictions on fishing vessels by increasing a trip limit on SNE/MA 
yellowtail flounder and also limits regulatory confusion by maintaining 
status quo restrictions to more effectively prevent overharvest of the 
GB cod sub-ACL.

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

    Dated: December 22, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31403 Filed 12-22-16; 4:15 pm]
 BILLING CODE 3510-22-P