Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 30038-30039 [2019-13567]

Download as PDF jbell on DSK3GLQ082PROD with RULES 30038 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations convey information to the public. The Agency presumes that a representative of the news media will satisfy this consideration. (iv) The significance of the contribution to public understanding. Whether the disclosure is likely to contribute ‘‘significantly’’ to public understanding of government operations or activities. The public’s understanding of the subject in question, as compared to the level of public understanding existing prior to the disclosure, must be enhanced by the disclosure to a significant extent. The Agency will not make value judgments about whether information that would contribute significantly to public understanding of the operations or activities of the government is ‘‘important’’ enough to be made public. (3) To determine whether the request meets the second fee waiver requirement, the Agency will consider the following factors: (i) The existence and magnitude of a commercial interest. Whether the requester has a commercial interest that would be furthered by the requested disclosure. The Agency will consider any commercial interest of the requester (with reference to the definition of ‘‘commercial use request’’ in paragraph (b)(1) of this section), or of any person on whose behalf the requester may be acting, that would be furthered by the requested disclosure. The Agency will give the requester an opportunity in the administrative process to provide explanatory information regarding this consideration. (ii) The primary interest in disclosure. Whether any identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is ‘‘primarily in the commercial interest of the requester.’’ A fee waiver or reduction is justified where the public interest standard is satisfied and that public interest is greater in magnitude than that of any identified commercial interest in disclosure. The Agency ordinarily will presume that when a news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester. The Agency will not presume that disclosure to data brokers or others who merely compile and market government information for direct economic return is to primarily serve the public interest. (4) When only some of the requested records satisfy the requirements for a waiver of fees, the Agency will grant a waiver for only those records. (5) Requests for the waiver or reduction of fees must address the VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 factors listed in paragraphs (k)(l) through (3) of this section, as far as they apply to each request. Offices will exercise their discretion to consider the cost-effectiveness of their investment of administrative resources in deciding whether to grant waivers or reductions of fees and will consult the appropriate EPA offices as needed. Requesters must submit requests for the waiver or reduction of fees along with the request. (6) When the EPA denies a fee waiver request, EPA will do no further work on the request until it receives an assurance of payment from the requester, or until the requester appeals the fee waiver adverse determination and the EPA completes its final appeal determination pursuant to § 2.104(j). § 2.108 Other rights and services. Nothing in this Subpart shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. [FR Doc. 2019–13290 Filed 6–25–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 181210999–9239–02] RIN 0648–XX004 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the Closed Area I Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2019 fishing year. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Closed Area I Scallop Access Area will be taken. DATES: Effective 0001 hr local time, June 23, 2019, through March 31, 2020. SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282–8456. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Closed Area I Scallop Access Area under specific conditions, including a total of 571 trips that may be taken during the 2019 fishing year. Section 648.59(g)(3)(iii) requires the NMFS Greater Atlantic Regional Administrator to close the Closed Area I Scallop Access Area to LAGC IFQ permitted vessels for the remainder of the fishing year once the allowed number of trips for fishing year 2019 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Closed Area I Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 571 trips will be taken as of June 23, 2019. Therefore, in accordance with § 648.59(g)(3)(iii), NMFS is closing the Closed Area I Scallop Access Area to all LAGC IFQ scallop vessels as of June 23, 2019. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Closed Area I Scallop Access Area after 0001 local time, June 23, 2019. Any LAGC IFQ vessel that has declared into the Closed Area I Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the vessel monitoring system (VMS) demarcation line on the way to the area before 0001, June 23, 2019, may complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2019 scallop fishing year, through March 31, 2020. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. For these same reasons, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period. The Closed Area I Scallop Access Area opened for the 2019 fishing year on April 1, 2019. The regulations at § 648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations Closed Area I Scallop Access Area. The projected date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area becomes apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. In order to propose a closure for purposes of receiving prior public comment, NMFS would need to make a projection based on very little information, which would result in a closure too early or too late. To allow LAGC IFQ scallop vessels to continue to take trips in the Closed Area I Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in the vessels taking much more than the allowed number of trips in the Closed Area I Scallop Access Area. Excessive trips and harvest from the Closed Area I Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when it was enacted. For these same reasons, NMFS further finds good cause to waive the 30-day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: June 21, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–13567 Filed 6–21–19; 4:15 pm] jbell on DSK3GLQ082PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180831813–9170–02] RIN 0648–XY002 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of pollock in the West Yakutat District of the GOA has been reached. SUMMARY: Effective 1200 hours, Alaska local time (A.l.t.), June 21, 2019, through 2400 hours, A.l.t., December 31, 2019. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2019 total allowable catch (TAC) of pollock in the West Yakutat District of the GOA is 5,748 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish of the GOA (84 FR 9416, March 14, 2019). DATES: PO 00000 Frm 00019 Fmt 4700 Sfmt 9990 30039 In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2019 TAC of pollock in the West Yakutat District of the GOA will be reached. Therefore, NMFS is requiring that pollock in the West Yakutat District of the GOA be treated as prohibited species in accordance with § 679.21(a)(2). Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting the retention of pollock in the West Yakutat District of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 18, 2019. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 21, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–13568 Filed 6–21–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Rules and Regulations]
[Pages 30038-30039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13567]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 181210999-9239-02]
RIN 0648-XX004


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Closure of the Closed Area I Scallop Access Area to General 
Category Individual Fishing Quota Scallop Vessels

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Closed Area I Scallop Access Area is 
closed to Limited Access General Category Individual Fishing Quota 
scallop vessels for the remainder of the 2019 fishing year. Regulations 
require this action once it is projected that 100 percent of trips 
allocated to the Limited Access General Category Individual Fishing 
Quota scallop vessels for the Closed Area I Scallop Access Area will be 
taken.

DATES: Effective 0001 hr local time, June 23, 2019, through March 31, 
2020.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. 
These regulations authorize vessels issued a valid Limited Access 
General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit 
to fish in the Closed Area I Scallop Access Area under specific 
conditions, including a total of 571 trips that may be taken during the 
2019 fishing year. Section 648.59(g)(3)(iii) requires the NMFS Greater 
Atlantic Regional Administrator to close the Closed Area I Scallop 
Access Area to LAGC IFQ permitted vessels for the remainder of the 
fishing year once the allowed number of trips for fishing year 2019 are 
projected to be taken.
    Based on trip declarations by LAGC IFQ scallop vessels fishing in 
the Closed Area I Scallop Access Area, analysis of fishing effort, and 
other information, NMFS projects that 571 trips will be taken as of 
June 23, 2019. Therefore, in accordance with Sec.  648.59(g)(3)(iii), 
NMFS is closing the Closed Area I Scallop Access Area to all LAGC IFQ 
scallop vessels as of June 23, 2019. No vessel issued an LAGC IFQ 
permit may fish for, possess, or land scallops in or from the Closed 
Area I Scallop Access Area after 0001 local time, June 23, 2019. Any 
LAGC IFQ vessel that has declared into the Closed Area I Access Area 
scallop fishery, complied with all trip notification and observer 
requirements, and crossed the vessel monitoring system (VMS) 
demarcation line on the way to the area before 0001, June 23, 2019, may 
complete its trip without being subject to this closure. This closure 
is in effect for the remainder of the 2019 scallop fishing year, 
through March 31, 2020.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. For these same 
reasons, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause 
to waive the 30-day delayed effectiveness period. The Closed Area I 
Scallop Access Area opened for the 2019 fishing year on April 1, 2019. 
The regulations at Sec.  648.59(g)(3)(iii) require this closure to 
ensure that LAGC IFQ scallop vessels do not take more than their 
allocated number of trips in the

[[Page 30039]]

Closed Area I Scallop Access Area. The projected date on which the LAGC 
IFQ fleet will have taken all of its allocated trips in an Access Area 
becomes apparent only as trips into the area occur on a real-time basis 
and as activity trends begin to appear. As a result, NMFS can only make 
an accurate projection very close in time to when the fleet has taken 
all of its trips. In order to propose a closure for purposes of 
receiving prior public comment, NMFS would need to make a projection 
based on very little information, which would result in a closure too 
early or too late. To allow LAGC IFQ scallop vessels to continue to 
take trips in the Closed Area I Scallop Access Area during the period 
necessary to publish and receive comments on a proposed rule would 
likely result in the vessels taking much more than the allowed number 
of trips in the Closed Area I Scallop Access Area. Excessive trips and 
harvest from the Closed Area I Scallop Access Area would result in 
excessive fishing effort in the area, where effort controls are 
critical, thereby undermining conservation objectives of the Atlantic 
Sea Scallop Fishery Management Plan and requiring more restrictive 
future management measures. Also, the public had prior notice and full 
opportunity to comment on this closure process when it was enacted. For 
these same reasons, NMFS further finds good cause to waive the 30-day 
delayed effectiveness period.

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

    Dated: June 21, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-13567 Filed 6-21-19; 4:15 pm]
 BILLING CODE 3510-22-P

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