Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Industry-Funded Monitoring, 47326-47327 [2018-20259]

Download as PDF 47326 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules Replies to an opposition must be filed on or before October 1, 2018. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Michele Berlove, Wireline Competition Bureau, at: (202) 418–1477; email: Michele.Berlove@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, Report No. 3101, released September 4, 2018. 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. It also may be accessed online via the Commission’s Electronic Comment Filing System at: https://apps.fcc.gov/ ecfs/. The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. because no rules are being adopted by the Commission. Subject: Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, FCC 18–74, published at 83 FR 31659, July 9, 2018, in WC Docket No. 17–84. This document 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. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2018–20238 Filed 9–18–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648–BG91 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; IndustryFunded Monitoring National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Availability of proposed fishery management plan amendment; request for comments. amozie on DSK3GDR082PROD with PROPOSALS1 AGENCY: The New England Fishery Management Council submitted the SUMMARY: VerDate Sep<11>2014 16:48 Sep 18, 2018 Jkt 244001 New England Industry-Funded Monitoring Omnibus Amendment, incorporating the Environmental Assessment and the Initial Regulatory Flexibility Analysis, for review by the Secretary of Commerce. NMFS is requesting comments from the public on the proposed amendment, which was developed to allow for industry-funded monitoring in New England Council fishery management plans and implement industry-funded monitoring in the Atlantic herring fishery. This amendment would ensure consistency in industry-funded monitoring programs across New England fisheries and increase monitoring in the Atlantic herring fishery. DATES: Public comments must be received on or before November 19, 2018. You may submit comments on this document, identified by NOAA– NMFS–2018–0109, by any 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-20180109; 2. Click the ‘‘Comment Now!’’ icon and complete the required fields; and 3. Enter or attach your comments. • Mail: Submit written comments to Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on the Industry-Funded Monitoring Amendment.’’ Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by 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 Industry-Funded Monitoring Omnibus Amendment, including the Environmental Assessment, the Regulatory Impact Review, and the Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared in support of this action are available from Thomas A. Nies, Executive Director, New England ADDRESSES: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The supporting documents are also accessible via the internet at: https:// www.nefmc.org. FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy Analyst, phone: (978) 281–9272 or email: Carrie.Nordeen@noaa.gov. SUPPLEMENTARY INFORMATION: Background In 2013, the Mid-Atlantic and New England Fishery Management Councils initiated a joint omnibus amendment to allow for industry-funded monitoring in all of the fishery management plans (FMPs) that the Councils manage. The joint omnibus amendment was intended to standardize the process to develop and administer future industry-funded monitoring programs for Council FMPs, and would have implemented industryfunded monitoring in the Atlantic herring and mackerel fisheries. On September 20, 2016 (81 FR 64426), NMFS announced the public comment period for the draft joint omnibus amendment. The 45-day public comment period extended from September 23 through November 7, 2016. During that time, NMFS and the Councils hosted five public hearings on the draft joint omnibus amendment. NMFS and the Councils held public hearings in Gloucester, Massachusetts; Portland, Maine; Cape May, New Jersey; Narragansett, Rhode Island; and via webinar. In April 2017, the New England Council finalized its selection of preferred alternatives and recommended that NMFS consider the joint omnibus amendment for approval and implementation, while the Mid-Atlantic Council decided to postpone action on the joint omnibus amendment. Therefore, the joint omnibus amendment, initiated by both Councils to allow for industry-funded monitoring, has become the New England Industry-Funded Monitoring Omnibus Amendment and would only apply to FMPs managed by the New England Council. Accordingly, this amendment would only implement industry-funded monitoring in the Atlantic herring fishery. At its October 2018 meeting, the Mid-Atlantic Council is scheduled to re-consider whether it wants to continue developing industryfunded monitoring measures for its FMPs. Proposed Measures 1. Omnibus Measures This amendment would standardize the development and administration of E:\FR\FM\19SEP1.SGM 19SEP1 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules On April 19, 2018, the New England Council considered whether electronic monitoring in conjunction with portside sampling, would be an adequate substitute for at-sea monitoring coverage aboard midwater trawl vessels. The purpose of electronic monitoring would be to confirm catch retention and verify compliance with slippage restrictions, while the purpose of portside sampling would be to collect species composition data along with age and length information. Following discussion and public comment, the Council approved electronic monitoring and portside sampling as a monitoring option for midwater trawl vessels, but did not recommend requiring electronic monitoring and portside sampling as part of this action. Instead, the Council recommended NMFS use an exempted fishing permit (EFP) to further evaluate how to best permanently administer an electronic monitoring and portside 2. Atlantic Herring Measures sampling program. The EFP would exempt midwater vessels from the This amendment would implement proposed requirement for industryindustry-funded monitoring in the Atlantic herring fishery. The purpose of funded at-sea monitoring coverage and would allow midwater trawl vessels to increased monitoring is to better use electronic monitoring and portside understand the frequency of discarding sampling coverage to comply with the in the herring fishery, as well as Council-recommended 50-percent improve the tracking of the incidental catch of haddock and river herring/shad industry-funded monitoring coverage target. An EFP would enable NMFS to catch against their catch caps in the further evaluate monitoring issues in the herring fishery. The proposed herring herring fishery that are of interest to the measures include: • Implementing a 50-percent coverage Council and herring industry and provide an opportunity to improve the target for industry-funded at-sea electronic monitoring and portside monitoring on vessels issued All Areas program’s efficacy and efficiency. The (Category A) or Areas 2⁄3 (Category B) Council recommended reconsidering Limited Access Herring Permits; and • Allowing midwater trawl vessels to herring industry-funded monitoring requirements two years after purchase observer coverage to access implementation. Using the results of the Groundfish Closed Areas. amozie on DSK3GDR082PROD with PROPOSALS1 future industry-funded monitoring programs in New England Council FMPs. The proposed omnibus measures include: • Standard cost responsibilities associated with industry-funded monitoring for NMFS and the fishing industry; • A process to implement FMPspecific industry-funded monitoring via an amendment and revise via a framework adjustment; • Standard administrative requirements for industry-funded observers/monitors and monitoring service providers; • A process to prioritize industryfunded monitoring programs in order to allocate available Federal resources across all FMPs; and • A process for monitoring set-aside programs to be implemented via a future framework adjustment. VerDate Sep<11>2014 16:48 Sep 18, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 9990 47327 EFP, the Council would consider establishing electronic monitoring and portside sampling program requirements into regulation via a framework adjustment at that time. Public Comment Instructions Public comments on the IndustryFunded Monitoring Omnibus Amendment and its incorporated documents may be submitted through the end of the comment period stated in this notice of availability. A proposed rule to implement the Amendment, including draft regulatory text, will be published in the Federal Register for public comment. Public comments on the proposed rule must be received by the end of the comment period provided in this notice of availability to be considered in the approval/disapproval decision on the amendment. All comments received by November 19, 2018, whether specifically directed to Industry-Funded Monitoring Omnibus Amendment or the proposed rule for this amendment, will be considered in the approval/disapproval decision on the Industry-Funded Monitoring Omnibus Amendment. Comments received after that date will not be considered in the decision to approve or disapprove the Amendment. To be considered, comments must be received by close of business on the last day of the comment period. Authority: 16 U.S.C. 1801 et seq. Dated: September 13, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–20259 Filed 9–18–18; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\19SEP1.SGM 19SEP1

Agencies

[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Proposed Rules]
[Pages 47326-47327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20259]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-BG91


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Industry-
Funded Monitoring

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

ACTION: Availability of proposed fishery management plan amendment; 
request for comments.

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

SUMMARY: The New England Fishery Management Council submitted the New 
England Industry-Funded Monitoring Omnibus Amendment, incorporating the 
Environmental Assessment and the Initial Regulatory Flexibility 
Analysis, for review by the Secretary of Commerce. NMFS is requesting 
comments from the public on the proposed amendment, which was developed 
to allow for industry-funded monitoring in New England Council fishery 
management plans and implement industry-funded monitoring in the 
Atlantic herring fishery. This amendment would ensure consistency in 
industry-funded monitoring programs across New England fisheries and 
increase monitoring in the Atlantic herring fishery.

DATES: Public comments must be received on or before November 19, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0109, by any 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-2018-0109;
    2. Click the ``Comment Now!'' icon and complete the required 
fields; and
    3. Enter or attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Industry-Funded Monitoring Amendment.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by 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 Industry-Funded Monitoring Omnibus Amendment, 
including the Environmental Assessment, the Regulatory Impact Review, 
and the Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
in support of this action are available from Thomas A. Nies, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. The supporting documents are also accessible 
via the internet at: https://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, phone: (978) 281-9272 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In 2013, the Mid-Atlantic and New England Fishery Management 
Councils initiated a joint omnibus amendment to allow for industry-
funded monitoring in all of the fishery management plans (FMPs) that 
the Councils manage. The joint omnibus amendment was intended to 
standardize the process to develop and administer future industry-
funded monitoring programs for Council FMPs, and would have implemented 
industry-funded monitoring in the Atlantic herring and mackerel 
fisheries.
    On September 20, 2016 (81 FR 64426), NMFS announced the public 
comment period for the draft joint omnibus amendment. The 45-day public 
comment period extended from September 23 through November 7, 2016. 
During that time, NMFS and the Councils hosted five public hearings on 
the draft joint omnibus amendment. NMFS and the Councils held public 
hearings in Gloucester, Massachusetts; Portland, Maine; Cape May, New 
Jersey; Narragansett, Rhode Island; and via webinar.
    In April 2017, the New England Council finalized its selection of 
preferred alternatives and recommended that NMFS consider the joint 
omnibus amendment for approval and implementation, while the Mid-
Atlantic Council decided to postpone action on the joint omnibus 
amendment. Therefore, the joint omnibus amendment, initiated by both 
Councils to allow for industry-funded monitoring, has become the New 
England Industry-Funded Monitoring Omnibus Amendment and would only 
apply to FMPs managed by the New England Council. Accordingly, this 
amendment would only implement industry-funded monitoring in the 
Atlantic herring fishery. At its October 2018 meeting, the Mid-Atlantic 
Council is scheduled to re-consider whether it wants to continue 
developing industry-funded monitoring measures for its FMPs.

Proposed Measures

1. Omnibus Measures

    This amendment would standardize the development and administration 
of

[[Page 47327]]

future industry-funded monitoring programs in New England Council FMPs. 
The proposed omnibus measures include:
     Standard cost responsibilities associated with industry-
funded monitoring for NMFS and the fishing industry;
     A process to implement FMP-specific industry-funded 
monitoring via an amendment and revise via a framework adjustment;
     Standard administrative requirements for industry-funded 
observers/monitors and monitoring service providers;
     A process to prioritize industry-funded monitoring 
programs in order to allocate available Federal resources across all 
FMPs; and
     A process for monitoring set-aside programs to be 
implemented via a future framework adjustment.

2. Atlantic Herring Measures

    This amendment would implement industry-funded monitoring in the 
Atlantic herring fishery. The purpose of increased monitoring is to 
better understand the frequency of discarding in the herring fishery, 
as well as improve the tracking of the incidental catch of haddock and 
river herring/shad catch against their catch caps in the herring 
fishery. The proposed herring measures include:
     Implementing a 50-percent coverage target for industry-
funded at-sea monitoring on vessels issued All Areas (Category A) or 
Areas \2/3\ (Category B) Limited Access Herring Permits; and
     Allowing midwater trawl vessels to purchase observer 
coverage to access Groundfish Closed Areas.
    On April 19, 2018, the New England Council considered whether 
electronic monitoring in conjunction with portside sampling, would be 
an adequate substitute for at-sea monitoring coverage aboard midwater 
trawl vessels. The purpose of electronic monitoring would be to confirm 
catch retention and verify compliance with slippage restrictions, while 
the purpose of portside sampling would be to collect species 
composition data along with age and length information. Following 
discussion and public comment, the Council approved electronic 
monitoring and portside sampling as a monitoring option for midwater 
trawl vessels, but did not recommend requiring electronic monitoring 
and portside sampling as part of this action. Instead, the Council 
recommended NMFS use an exempted fishing permit (EFP) to further 
evaluate how to best permanently administer an electronic monitoring 
and portside sampling program. The EFP would exempt midwater vessels 
from the proposed requirement for industry-funded at-sea monitoring 
coverage and would allow midwater trawl vessels to use electronic 
monitoring and portside sampling coverage to comply with the Council-
recommended 50-percent industry-funded monitoring coverage target. An 
EFP would enable NMFS to further evaluate monitoring issues in the 
herring fishery that are of interest to the Council and herring 
industry and provide an opportunity to improve the electronic 
monitoring and portside program's efficacy and efficiency. The Council 
recommended reconsidering herring industry-funded monitoring 
requirements two years after implementation. Using the results of the 
EFP, the Council would consider establishing electronic monitoring and 
portside sampling program requirements into regulation via a framework 
adjustment at that time.

Public Comment Instructions

    Public comments on the Industry-Funded Monitoring Omnibus Amendment 
and its incorporated documents may be submitted through the end of the 
comment period stated in this notice of availability. A proposed rule 
to implement the Amendment, including draft regulatory text, will be 
published in the Federal Register for public comment. Public comments 
on the proposed rule must be received by the end of the comment period 
provided in this notice of availability to be considered in the 
approval/disapproval decision on the amendment. All comments received 
by November 19, 2018, whether specifically directed to Industry-Funded 
Monitoring Omnibus Amendment or the proposed rule for this amendment, 
will be considered in the approval/disapproval decision on the 
Industry-Funded Monitoring Omnibus Amendment. Comments received after 
that date will not be considered in the decision to approve or 
disapprove the Amendment. To be considered, comments must be received 
by close of business on the last day of the comment period.

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

    Dated: September 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20259 Filed 9-18-18; 8:45 am]
 BILLING CODE 3510-22-P

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