Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; State Waters Exemption, 49297-49299 [2017-23133]
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Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations
NPRM was served on the U.S. Small
Business Administration (SBA).
The final action changes one of the
criteria for a railroad’s inclusion in the
data sample that the Board uses to
calculate the annual cost of capital. By
definition, that group of railroads is
limited to Class I carriers, which are not
small businesses under the Board’s
definition for RFA purposes.5 Thus, the
action does not place any additional
burden on small entities. Therefore, the
Board certifies under 5 U.S.C. 605(b)
that the final action will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the RFA. A copy
of this decision will be served upon the
Chief Counsel for Advocacy, Office of
Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
It is ordered:
1. The final action described above is
adopted and will be applicable on
November 24, 2017.
2. Notice of the action adopted here
will be published in the Federal
Register.
3. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration.
4. This decision is effective on the
date of service.
Decided: October 17, 2017.
By the Board, Board Members Begeman
and Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017–22894 Filed 10–24–17; 8:45 am]
nlaroche on DSK9F9SC42PROD with RULES
BILLING CODE 4915–01–P
5 Effective June 30, 2016, for the purpose of RFA
analysis for rail carriers subject to our jurisdiction,
the Board defines a ‘‘small business’’ as a rail
carrier classified as a Class III rail carrier under 49
CFR part 1201. See Small Entity Size Standards
Under the Regulatory Flexibility Act, EP 719 (STB
served June 30, 2016) (with Board Member
Begeman dissenting). Class III carriers have annual
operating revenues of $20 million or less in 1991
dollars, or $35,809,698 or less when adjusted for
inflation using 2016 data. Class II carriers have
annual operating revenues of less than $250 million
in 1991 dollars or $ less than $447,621,226 when
adjusted for inflation using 2016 data. The Board
calculates the revenue deflator factor annually and
publishes the railroad revenue thresholds on its
Web site. 49 CFR part 1201.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170301213–7869–02]
RIN 0648–BG70
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
State Waters Exemption
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements an exemption for vessels
with Federal Limited Access General
Category Individual Fishing Quota
permits from the State of Maine and the
Commonwealth of Massachusetts. This
exemption enables the vessels to
continue fishing in their respective state
waters once NMFS has announced that
the Federal Northern Gulf of Maine total
allowable catch has been fully harvested
in a given year. Additionally,
Massachusetts has requested that
Federal Limited Access General
Category Northern Gulf of Maine
permits also be included in its
exemption. Both states have requested
this exemption as part of the Scallop
State Water Exemption Program. This
program specifies that a state may be
eligible for a state waters exemption to
specific Federal regulations if it has a
scallop fishery and a scallop
conservation program that does not
jeopardize the biomass and fishing
mortality/effort limit objectives of the
Atlantic Sea Scallop Fishery
Management Plan. Based on the
information that Maine and
Massachusetts have submitted, NMFS
has determined that both states qualify
for this exemption and that this
exemption will not have an impact on
the effectiveness of Federal management
measures for the scallop fishery overall
or within the Northern Gulf of Maine
management area.
DATES: Effective October 25, 2017.
ADDRESSES: Documents supporting this
action, including the State of Maine and
Commonwealth of Massachusetts
requests for the exemption, the
Categorical Exclusion, and Framework
Adjustment 28 to the Atlantic Sea
Scallop Fishery Management Plan
(FMP) are available upon request from
John K. Bullard, Regional
Administrator, NMFS, Greater Atlantic
SUMMARY:
PO 00000
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49297
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Copies of the Permit Holder Letter are
available from John K. Bullard, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930–
2298, or available on the Internet at
https://www.greateratlantic.fisheries.
noaa.gov/sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fisheries Management
Specialist, 978–282–8456.
SUPPLEMENTARY INFORMATION:
Background
The Scallop State Waters Exemption
Program, described at § 648.54, specifies
that a state with a scallop fishery may
be eligible for state waters exemptions if
it has a scallop conservation program
that does not jeopardize the biomass
and fishing mortality and effort limit
objectives of the Scallop FMP. Under
the Program, if NMFS determines that a
state is eligible, federally permitted
scallop vessels fishing in state waters
may be exempted from specific Federal
scallop regulations. One of these
exemptions enables some scallop
vessels to continue to fish in state
waters within the Northern Gulf of
Maine (NGOM) management area once
the Federal NGOM total allowable catch
(TAC) is reached. Any state interested in
applying for this exemption must
identify the scallop-permitted vessels
that would be subject to the exemption
(i.e., limited access, limited access
general category (LAGC) individual
fishing quota (IFQ), LAGC incidental, or
LAGC NGOM). No vessel is permitted to
fish for scallops in the Federal portion
of the NGOM once the TAC is
harvested. We provided a broader
description of the Scallop State Waters
Exemption Program in the preamble of
the proposed rule (82 FR 29470; June
29, 2017) for this action. We are not
repeating that information here.
We received a request from Maine to
expand its current exemptions to allow
the four IFQ-permitted vessels with
Maine state-waters permits to fish in the
Maine state-waters portion of the NGOM
management area once we project the
Federal TAC to be fully harvested.
Massachusetts also sent a request to
exempt LAGC IFQ and NGOM-federally
permitted vessels that also hold a state
permit. Only the northern portion of
Massachusetts state waters,
approximately Boston and north, fall
within the NGOM management area.
The fishery in this area has traditionally
been split between a handful of stateonly vessels and 12 vessels with both
Federal and state permits to fish for
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49298
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations
scallops. Of these LAGC vessels with
dual permits, six traditionally fish in
both Federal and state waters while the
other six only fish in Federal waters. We
do not anticipate any other vessels
would fish under this exemption
because it would not be economically
beneficial. This provision allows vessels
to continue to fish in state waters along
with state permitted vessels that do not
have Federal permits.
Scallop effort has increased in the
NGOM in recent years as the stock has
improved in both state and Federal
waters. In 2016, the NGOM management
area TAC was fully harvested and was
closed for the first time since the
management area was created in 2008.
In 2017, the area was closed on March
23, just over three weeks into the new
fishing year and approximately two
months earlier than in 2016. State-only
permitted scallop vessels are able to fish
in state waters after the Federal closure
and this provision would allow those
vessels with the requested Federal
permit to continue to fish in state waters
along with vessels without Federal
permits.
Based on the information Maine and
Massachusetts submitted regarding their
scallop conservation programs, and
considering comments received during
the public comment period, we
determined that both states qualify for
the NGOM state waters exemption
under the Scallop FMP. Maine’s
regulations are the same as when they
applied for this exemption for NGOMpermitted vessels in 2015.
Massachusetts restricts scallop fishing
activity in its waters with limited entry
by requiring the state Coastal Access
Permit, for which there is currently a
moratorium and is only transferrable
with the approval of the Director of
Marine Fisheries. Therefore, increased
additional effort in the future is not a
significant concern. Vessels fishing for
scallops in Massachusetts state waters
also have a daily scallop possession
limit of 200 lb (90.7 kg). This possession
limit is equivalent to the NGOM
management area, but more restrictive
than the 600–lb (272.2–kg) Federal
possession limit for IFQ vessels south of
the NGOM area in Federal waters. Both
Maine and Massachusetts’s scallop
fishery restrictions are as restrictive as
Federal scallop fishing regulations and
this exemption will not jeopardize the
biomass and fishing mortality and effort
limit objectives of the FMP. Allowing
for this NGOM exemption will have no
impact on the effectiveness of Federal
management measures for the scallop
fishery overall or within the NGOM
management area because the NGOM
Federal TAC is set based only on the
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14:30 Oct 24, 2017
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Federal portion of the resource. In
addition, LAGC IFQ vessels cannot land
scallops beyond the vessel’s yearly
allocation or any additional quota that
is leased in. Maine and Massachusetts
are the only states that have requested
a NGOM closure exemption, and only
for state permit holders that also hold a
Federal LAGC IFQ or NGOM scallop
permit. As such, all other federally
permitted scallop vessels would be
prohibited from retaining, possessing,
and landing scallops from within the
NGOM management area, in both
Federal and state waters, once the
NGOM TAC is fully harvested.
Comments and Responses
We received eight comments on the
proposed rule during the public
comment period. Four of the eight
comments were from industry members.
Two were from industry-based
organizations (the Maine Coast
Fishermen’s Association (MCFA) and
The Cape Cod Commercial Fisherman’s
Alliance (CCCFA)). Two comments from
the public had no relevance to the rule
and are not addressed further.
Comment 1: One industry member
commented that IFQ vessels should be
allowed to land scallops beyond their
IFQ allocations when fishing in state
waters because scallops from within
state waters are not considered in
setting the NGOM TAC or the overall
overfishing limit/annual biological
catch.
Response: Extending the exemption to
allow LAGC IFQ permits land scallops
over their IFQ limits was not requested
by Maine or Massachusetts. Even if it
were, extending the exemption is
beyond the scope of the state waters
exemption program because it would
alter the underpinnings of the current
LAGC IFQ program and would require
consideration by the New England
Fishery Management Council, likely as
part of an amendment to the FMP.
Moreover, allowing harvesting of
scallops over the limit of the Federal
quota for these vessels would not be
consistent with the current Federal
management program.
Comment 2: The CCCFA, MCFA, and
two members of the industry
commented that these exemptions
would give the industry members more
flexibility and stability, and it will
support shoreside operations and
businesses.
Response: We agree.
Comment 3: MCFA’s comment
implied that Limited Access permits
were included in the exemption, in
addition to LAGC IFQ and NGOM
permits.
PO 00000
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Response: To clarify MCFS’s
comment, the exemption in this rule
only includes NGOM and LAGC IFQpermitted vessels. Maine did not request
any exemptions for limited access
vessels. Limited access vessels fishing
in state waters in Maine currently are
not subject to days at sea, but have no
other exemptions in state waters or in
other states.
Comment 4: One member of the
industry expressed frustration with the
disparity of how we manage the NGOM
Management Area between the LAGC
and Limited Access (LA) fleets in
relation to the NGOM TAC.
Response: The allocations for the
NGOM TAC for both the LA and LAGC
fleets and how they are currently
managed is beyond the scope of the
state waters exemption program and this
rule. However, for the 2018–2019
scallop fishing year, the New England
Fishery Management Council has made
the future management of the NGOM a
priority.
Changes From the Proposed Rule
There are no changes from the
proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
The Office of Management and Budget
(OMB) has determined that this rule is
not significant according to Executive
Order (E.O.) 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Assistant Administrator for
Fisheries has determined that the need
to implement these measures in an
expedited manner, in order to relieve
restrictions on the scallop fleet,
constitutes good cause, under authority
contained in 5 U.S.C. 553(d)(1) and (3)
to waive the 30–day delay in
effectiveness so that the State Waters
Program exemptions become effective
upon publication in the Federal
Register.
The exemptions approved under this
final rule for the State Waters Program
will allow Maine and Massachusetts
permitted scallop LAGC and NGOM
vessels to continue fishing operations
that would not be possible without this
rule. The NGOM area was closed to
fishing by LAGC vessels on March 23,
2017, and without this exemption
would remain closed to these vessels
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Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations
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until April 1, 2018. As long as this area
is closed, the LAGC NGOM permitted
vessels can no longer fish in the NGOM,
including in state waters. LAGC IFQ
vessels with homeports north of the
NGOM boundary must now travel
further from home in order to harvest
scallops. Longer trips mean more
operating expenses and less profits for
individual vessels. Delaying the
implementation of the exemptions in
this rule would delay the positive
economic benefits of resumed fishing
activity to these vessels. For these
reasons, there is good cause to
implement this rule immediately.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule is considered an E.O.
13771 deregulatory action. As noted
above and in the proposed rule, this rule
will allow Maine vessels with an LAGC
IFQ permit and Massachusetts vessels
with LAGC IFQ and NGOM permits to
continue fishing in their respective
state’s waters after the federal NGOM
TAC has been harvested. When the
NGOM TAC is harvested and the area
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closes, the LAGC NGOM permitted
vessels can no longer fish and the LAGC
IFQ vessels must travel further from
home in order to harvest scallops;
therefore, the vessel’s individual income
is affected. Massachusetts estimates that
with this exemption, vessels could
harvest up to an additional 100,000 lb
worth an estimated $1.23 million
dollars per year at a 2015 average price
of $12.26/lb. Maine estimates that with
this exemption, the four vessels would
save on fuel, food, and maintenance
costs associated with steaming to fishing
grounds outside of the NGOM
management area by fishing closer to
individual homeports. These cost
savings would vary by individual
vessel, the number of vessels that
participate in the exemption, and the
given fishing year, but will have an
overall positive economic benefit.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: October 19, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.54, paragraph (a)(4) is
revised to read as follows:
■
§ 648.54
State waters exemption.
(a) * * *
(4) The Regional Administrator has
determined that the State of Maine and
Commonwealth of Massachusetts both
have a scallop fishery conservation
program for its scallop fishery that does
not jeopardize the biomass and fishing
mortality/effort limit objectives of the
Scallop FMP. A vessel fishing in State
of Maine waters may fish under the
State of Maine state waters exemption,
subject to the exemptions specified in
paragraphs (b) and (c) of this section,
provided the vessel is in compliance
with paragraphs (e) through (g) of this
section. In addition, a vessel issued a
Federal Northern Gulf of Maine or
Limited Access General Category
Individual Fishing Quota permit fishing
in State of Maine or Commonwealth of
Massachusetts waters may fish under
their respective state waters exemption
specified in paragraph (d) of this
section, provided the vessel is in
compliance with paragraphs (e) through
(g) of this section.
*
*
*
*
*
[FR Doc. 2017–23133 Filed 10–24–17; 8:45 am]
BILLING CODE 3510–22–P
1. The authority citation for part 648
continues to read as follows:
■
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]]>Agencies
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Rules and Regulations]
[Pages 49297-49299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23133]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170301213-7869-02]
RIN 0648-BG70
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; State Waters Exemption
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements an exemption for vessels with
Federal Limited Access General Category Individual Fishing Quota
permits from the State of Maine and the Commonwealth of Massachusetts.
This exemption enables the vessels to continue fishing in their
respective state waters once NMFS has announced that the Federal
Northern Gulf of Maine total allowable catch has been fully harvested
in a given year. Additionally, Massachusetts has requested that Federal
Limited Access General Category Northern Gulf of Maine permits also be
included in its exemption. Both states have requested this exemption as
part of the Scallop State Water Exemption Program. This program
specifies that a state may be eligible for a state waters exemption to
specific Federal regulations if it has a scallop fishery and a scallop
conservation program that does not jeopardize the biomass and fishing
mortality/effort limit objectives of the Atlantic Sea Scallop Fishery
Management Plan. Based on the information that Maine and Massachusetts
have submitted, NMFS has determined that both states qualify for this
exemption and that this exemption will not have an impact on the
effectiveness of Federal management measures for the scallop fishery
overall or within the Northern Gulf of Maine management area.
DATES: Effective October 25, 2017.
ADDRESSES: Documents supporting this action, including the State of
Maine and Commonwealth of Massachusetts requests for the exemption, the
Categorical Exclusion, and Framework Adjustment 28 to the Atlantic Sea
Scallop Fishery Management Plan (FMP) are available upon request from
John K. Bullard, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930.
Copies of the Permit Holder Letter are available from John K.
Bullard, Regional Administrator, NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298,
or available on the Internet at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management
Specialist, 978-282-8456.
SUPPLEMENTARY INFORMATION:
Background
The Scallop State Waters Exemption Program, described at Sec.
648.54, specifies that a state with a scallop fishery may be eligible
for state waters exemptions if it has a scallop conservation program
that does not jeopardize the biomass and fishing mortality and effort
limit objectives of the Scallop FMP. Under the Program, if NMFS
determines that a state is eligible, federally permitted scallop
vessels fishing in state waters may be exempted from specific Federal
scallop regulations. One of these exemptions enables some scallop
vessels to continue to fish in state waters within the Northern Gulf of
Maine (NGOM) management area once the Federal NGOM total allowable
catch (TAC) is reached. Any state interested in applying for this
exemption must identify the scallop-permitted vessels that would be
subject to the exemption (i.e., limited access, limited access general
category (LAGC) individual fishing quota (IFQ), LAGC incidental, or
LAGC NGOM). No vessel is permitted to fish for scallops in the Federal
portion of the NGOM once the TAC is harvested. We provided a broader
description of the Scallop State Waters Exemption Program in the
preamble of the proposed rule (82 FR 29470; June 29, 2017) for this
action. We are not repeating that information here.
We received a request from Maine to expand its current exemptions
to allow the four IFQ-permitted vessels with Maine state-waters permits
to fish in the Maine state-waters portion of the NGOM management area
once we project the Federal TAC to be fully harvested. Massachusetts
also sent a request to exempt LAGC IFQ and NGOM-federally permitted
vessels that also hold a state permit. Only the northern portion of
Massachusetts state waters, approximately Boston and north, fall within
the NGOM management area. The fishery in this area has traditionally
been split between a handful of state-only vessels and 12 vessels with
both Federal and state permits to fish for
[[Page 49298]]
scallops. Of these LAGC vessels with dual permits, six traditionally
fish in both Federal and state waters while the other six only fish in
Federal waters. We do not anticipate any other vessels would fish under
this exemption because it would not be economically beneficial. This
provision allows vessels to continue to fish in state waters along with
state permitted vessels that do not have Federal permits.
Scallop effort has increased in the NGOM in recent years as the
stock has improved in both state and Federal waters. In 2016, the NGOM
management area TAC was fully harvested and was closed for the first
time since the management area was created in 2008. In 2017, the area
was closed on March 23, just over three weeks into the new fishing year
and approximately two months earlier than in 2016. State-only permitted
scallop vessels are able to fish in state waters after the Federal
closure and this provision would allow those vessels with the requested
Federal permit to continue to fish in state waters along with vessels
without Federal permits.
Based on the information Maine and Massachusetts submitted
regarding their scallop conservation programs, and considering comments
received during the public comment period, we determined that both
states qualify for the NGOM state waters exemption under the Scallop
FMP. Maine's regulations are the same as when they applied for this
exemption for NGOM-permitted vessels in 2015. Massachusetts restricts
scallop fishing activity in its waters with limited entry by requiring
the state Coastal Access Permit, for which there is currently a
moratorium and is only transferrable with the approval of the Director
of Marine Fisheries. Therefore, increased additional effort in the
future is not a significant concern. Vessels fishing for scallops in
Massachusetts state waters also have a daily scallop possession limit
of 200 lb (90.7 kg). This possession limit is equivalent to the NGOM
management area, but more restrictive than the 600-lb (272.2-kg)
Federal possession limit for IFQ vessels south of the NGOM area in
Federal waters. Both Maine and Massachusetts's scallop fishery
restrictions are as restrictive as Federal scallop fishing regulations
and this exemption will not jeopardize the biomass and fishing
mortality and effort limit objectives of the FMP. Allowing for this
NGOM exemption will have no impact on the effectiveness of Federal
management measures for the scallop fishery overall or within the NGOM
management area because the NGOM Federal TAC is set based only on the
Federal portion of the resource. In addition, LAGC IFQ vessels cannot
land scallops beyond the vessel's yearly allocation or any additional
quota that is leased in. Maine and Massachusetts are the only states
that have requested a NGOM closure exemption, and only for state permit
holders that also hold a Federal LAGC IFQ or NGOM scallop permit. As
such, all other federally permitted scallop vessels would be prohibited
from retaining, possessing, and landing scallops from within the NGOM
management area, in both Federal and state waters, once the NGOM TAC is
fully harvested.
Comments and Responses
We received eight comments on the proposed rule during the public
comment period. Four of the eight comments were from industry members.
Two were from industry-based organizations (the Maine Coast Fishermen's
Association (MCFA) and The Cape Cod Commercial Fisherman's Alliance
(CCCFA)). Two comments from the public had no relevance to the rule and
are not addressed further.
Comment 1: One industry member commented that IFQ vessels should be
allowed to land scallops beyond their IFQ allocations when fishing in
state waters because scallops from within state waters are not
considered in setting the NGOM TAC or the overall overfishing limit/
annual biological catch.
Response: Extending the exemption to allow LAGC IFQ permits land
scallops over their IFQ limits was not requested by Maine or
Massachusetts. Even if it were, extending the exemption is beyond the
scope of the state waters exemption program because it would alter the
underpinnings of the current LAGC IFQ program and would require
consideration by the New England Fishery Management Council, likely as
part of an amendment to the FMP. Moreover, allowing harvesting of
scallops over the limit of the Federal quota for these vessels would
not be consistent with the current Federal management program.
Comment 2: The CCCFA, MCFA, and two members of the industry
commented that these exemptions would give the industry members more
flexibility and stability, and it will support shoreside operations and
businesses.
Response: We agree.
Comment 3: MCFA's comment implied that Limited Access permits were
included in the exemption, in addition to LAGC IFQ and NGOM permits.
Response: To clarify MCFS's comment, the exemption in this rule
only includes NGOM and LAGC IFQ-permitted vessels. Maine did not
request any exemptions for limited access vessels. Limited access
vessels fishing in state waters in Maine currently are not subject to
days at sea, but have no other exemptions in state waters or in other
states.
Comment 4: One member of the industry expressed frustration with
the disparity of how we manage the NGOM Management Area between the
LAGC and Limited Access (LA) fleets in relation to the NGOM TAC.
Response: The allocations for the NGOM TAC for both the LA and LAGC
fleets and how they are currently managed is beyond the scope of the
state waters exemption program and this rule. However, for the 2018-
2019 scallop fishing year, the New England Fishery Management Council
has made the future management of the NGOM a priority.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
The Office of Management and Budget (OMB) has determined that this
rule is not significant according to Executive Order (E.O.) 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Assistant Administrator for Fisheries has determined that the
need to implement these measures in an expedited manner, in order to
relieve restrictions on the scallop fleet, constitutes good cause,
under authority contained in 5 U.S.C. 553(d)(1) and (3) to waive the
30-day delay in effectiveness so that the State Waters Program
exemptions become effective upon publication in the Federal Register.
The exemptions approved under this final rule for the State Waters
Program will allow Maine and Massachusetts permitted scallop LAGC and
NGOM vessels to continue fishing operations that would not be possible
without this rule. The NGOM area was closed to fishing by LAGC vessels
on March 23, 2017, and without this exemption would remain closed to
these vessels
[[Page 49299]]
until April 1, 2018. As long as this area is closed, the LAGC NGOM
permitted vessels can no longer fish in the NGOM, including in state
waters. LAGC IFQ vessels with homeports north of the NGOM boundary must
now travel further from home in order to harvest scallops. Longer trips
mean more operating expenses and less profits for individual vessels.
Delaying the implementation of the exemptions in this rule would delay
the positive economic benefits of resumed fishing activity to these
vessels. For these reasons, there is good cause to implement this rule
immediately.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule is considered an E.O. 13771 deregulatory action. As
noted above and in the proposed rule, this rule will allow Maine
vessels with an LAGC IFQ permit and Massachusetts vessels with LAGC IFQ
and NGOM permits to continue fishing in their respective state's waters
after the federal NGOM TAC has been harvested. When the NGOM TAC is
harvested and the area closes, the LAGC NGOM permitted vessels can no
longer fish and the LAGC IFQ vessels must travel further from home in
order to harvest scallops; therefore, the vessel's individual income is
affected. Massachusetts estimates that with this exemption, vessels
could harvest up to an additional 100,000 lb worth an estimated $1.23
million dollars per year at a 2015 average price of $12.26/lb. Maine
estimates that with this exemption, the four vessels would save on
fuel, food, and maintenance costs associated with steaming to fishing
grounds outside of the NGOM management area by fishing closer to
individual homeports. These cost savings would vary by individual
vessel, the number of vessels that participate in the exemption, and
the given fishing year, but will have an overall positive economic
benefit.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 19, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.54, paragraph (a)(4) is revised to read as follows:
Sec. 648.54 State waters exemption.
(a) * * *
(4) The Regional Administrator has determined that the State of
Maine and Commonwealth of Massachusetts both have a scallop fishery
conservation program for its scallop fishery that does not jeopardize
the biomass and fishing mortality/effort limit objectives of the
Scallop FMP. A vessel fishing in State of Maine waters may fish under
the State of Maine state waters exemption, subject to the exemptions
specified in paragraphs (b) and (c) of this section, provided the
vessel is in compliance with paragraphs (e) through (g) of this
section. In addition, a vessel issued a Federal Northern Gulf of Maine
or Limited Access General Category Individual Fishing Quota permit
fishing in State of Maine or Commonwealth of Massachusetts waters may
fish under their respective state waters exemption specified in
paragraph (d) of this section, provided the vessel is in compliance
with paragraphs (e) through (g) of this section.
* * * * *
[FR Doc. 2017-23133 Filed 10-24-17; 8:45 am]
BILLING CODE 3510-22-P
