Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management Areas, 43785-43786 [2019-18096]
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Proposed Rules
MRA based on percentages set forth in
Table 10 and Table 11 to 50 CFR part
679. Section 679.20(d)(iii)(B) requires
vessel operators to discard at sea any
rockfish that exceeds the MRA. For the
individual fishing quota (IFQ) halibut
and IFQ sablefish fisheries, when IFQ
halibut or IFQ sablefish is on board,
retention of rockfish is already
mandatory unless rockfish are required
to be discarded because catch is in
excess of the MRA or the rockfish is in
prohibited species status (§ 679.7(f)(8)).
Full Retention
Since the majority of rockfish do not
survive being caught, discards of
rockfish increases waste. Rockfish must
be discarded for two reasons: (1) When
rockfish catch is in excess of an MRA;
and (2) when a rockfish species is
prohibited from being retained (in a
prohibited species status). Amendments
119/107 would require full retention of
all rockfish that are caught by CVs using
hook-and-line, pot, or jig gear and
remove the requirements for catcher
vessels using hook-and-line, pot, or jig
gear to discard rockfish.
The Council recommended, and
NMFS proposes, requiring full retention
of all rockfish caught by CVs required to
have a federal fishery permit using
hook-and-line, pot, or jig gear targeting
groundfish and halibut in the GOA and
BSAI for a number of reasons. These
reasons include (1) improving the
identification of rockfish species catch
by vessels using electronic monitoring
(EM); (2) providing more precise
estimates of rockfish catch; (3) reducing
waste and incentives to discard
rockfish; (4) reducing overall
enforcement burden; and (5) promoting
more consistent management between
State and Federal fisheries. These
recommended revisions are described in
more detail in the Analysis and the
forthcoming proposed rule for
Amendments 119/107.
Maximum Commerce Allowance
There is a need to establish a limit or
allowance on the sale of rockfish caught
as incidental catch that both provides an
incentive for vessel operators to retain
all rockfish and avoids elevated rates of
rockfish incidental catch because
rockfish MRAs would not apply under
the proposed full retention requirement.
These amendments would implement a
new fishery management method
known as the maximum commerce
allowance (MCA). The MCA would be
calculated when groundfish and halibut
are landed at a processor. The MCA
would limit the amount of rockfish
allowed to enter commerce through
barter, sale, or trade. Rockfish that
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16:22 Aug 21, 2019
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cannot be sold could be consumed by
vessel crew, donated to non-profits,
processed into fishmeal, or discarded by
the processing plant.
To address concerns raised by
processors, the Council recommended
allowing rockfish in excess of the MCA
to be processed into meal. Allowing
rockfish in excess of the MCA to be
processed into meal is unlikely to
provide any additional financial
incentives to target rockfish due to the
low value of fishmeal.
Before adopting its preferred
alternatives for Amendment 119/107,
the Council considered a range of
alternatives and options. The Council
determined, and NMFS agrees, that the
alternative and options selected by the
Council will improve estimates of
rockfish catch, increase utilization of
rockfish incidental catch, reduce overall
enforcement burden, reduce regulatory
complexity and promote more
consistent management of rockfish
between the State of Alaska and Federal
fisheries.
NMFS is soliciting public comments
on proposed Amendments 119/107
through the end of the comment period
(see DATES). NMFS intends to publish in
the Federal Register and seek public
comment on the proposed rule that
would implement Amendments 119/107
following NMFS’s evaluation of the
proposed rule under the MagnusonStevens Act.
Respondents do not need to submit
the same comments on Amendments
119/107 and the proposed rule. All
relevant written comments received by
the end of the applicable comment
period, whether specifically directed to
the FMP amendments or the proposed
rule will be considered by NMFS in the
approval/disapproval decision for
Amendments 119/107 and addressed in
the response to comments in the final
decision. Comments received after the
end of the applicable comment period
will not be considered in the approval/
disapproval decision on Amendments
119/107. To be considered, comments
must be received, not just postmarked or
otherwise transmitted, by the last day of
the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 19, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–18130 Filed 8–21–19; 8:45 am]
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43785
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 697
[Docket No. 190816–0015]
RIN 0648–BJ10
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; American
Lobster Fishery; Control Date for
Lobster Conservation Management
Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); request for
comments.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) announces a
control date that may be used for
potential changes to the lobster
management program. This action is
necessary to inform American lobster
permit holders and any potential new
entrants that future participation and
eligibility may be affected by past
participation, documentation of
landings, effort, and/or gear
configuration prior to the control date.
The control date is intended to promote
awareness of possible rulemaking and
notify the public that actions taken after
the control date may not be recognized
in the future.
DATES: We must receive written
comments on or before September 23,
2019.
ADDRESSES: You may submit comments
on this document, identified by
[NOAA–NMFS–2019–0095] by any of
the following methods:
D Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
[NOAA–NMFS–2019–0095], click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
D 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
Lobster Control Date.’’
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. We may not consider
comments sent by any other method, to
any other address or individual, or
E:\FR\FM\22AUP1.SGM
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43786
Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Proposed Rules
received after the end of the comment
period. 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.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). We accept attachments to
electronic comments only in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, 978–281–9225.
SUPPLEMENTARY INFORMATION:
Background
NMFS works cooperatively with the
states to conserve the American lobster
resource within the framework of the
Atlantic States Marine Fisheries
Commission’s Interstate Fishery
Management Plan for American Lobster
(ISFMP). Through the ISFMP, the
Commission adopts fishery conservation
and management strategies for the
American lobster resource and
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16:22 Aug 21, 2019
Jkt 247001
coordinates the efforts of the states and
NMFS to implement these strategies.
To carry out Congressionallymandated responsibilities under the
Endangered Species Act and Marine
Mammal Protection Act (MMPA), NMFS
convened the Atlantic Large Whale Take
Reduction Team (TRT) during the last
week of April 2019. The TRT is
composed of representatives from state
and Federal fishery agencies,
conservation groups, researchers, and
the fishing industry, including the
lobster industry. As required under the
MMPA, the TRT is tasked with
recommending management measures
to reduce the risk of serious injury and
entanglement of endangered whales in
fishing gear. At the meeting, the New
England states and the offshore lobster
industry committed to reducing the risk
of serious injury and mortality from
lobster gear to North Atlantic right
whales by 60 percent in all lobster
management areas. The specific
measures to achieve this goal are not yet
finalized, but will focus on reducing the
number, and lowering the breaking
strength of, vertical lines used in the
lobster trap fishery.
Following the outcome of the TRT
meeting, the Commission met and voted
to establish a control date of April 29,
2019, to notify American lobster permit
holders and any potential new entrants
PO 00000
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that future participation and eligibility
may be affected by past participation,
documentation of landings, effort, and/
or gear configuration prior to the control
date. Participation in the fishery after
the control date may not be treated the
same as participation before the control
date. NMFS will use April 29, 2019, as
a control date for the same reasons
outlined by the Commission. In the
coming months, NMFS will be working
with the states and the industry to
develop more specific management
measures to achieve the goals
recommended by the TRT. Should the
Commission take additional action,
NMFS will consider complementary
action pursuant to the Atlantic Coastal
Fisheries Cooperative Management Act
and the Magnuson-Stevens Fishery
Conservation and Management Act.
This notification and control date do
not impose any legal obligations,
requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C.
5101 et seq.
Dated: August 19, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–18096 Filed 8–21–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Proposed Rules]
[Pages 43785-43786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18096]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 190816-0015]
RIN 0648-BJ10
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
American Lobster Fishery; Control Date for Lobster Conservation
Management Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) announces a
control date that may be used for potential changes to the lobster
management program. This action is necessary to inform American lobster
permit holders and any potential new entrants that future participation
and eligibility may be affected by past participation, documentation of
landings, effort, and/or gear configuration prior to the control date.
The control date is intended to promote awareness of possible
rulemaking and notify the public that actions taken after the control
date may not be recognized in the future.
DATES: We must receive written comments on or before September 23,
2019.
ADDRESSES: You may submit comments on this document, identified by
[NOAA-NMFS-2019-0095] by any of the following methods:
[ssquf] Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to [NOAA-NMFS-2019-
0095], click the ``Comment Now!'' icon, complete the required fields,
and enter or attach your comments.
[ssquf] 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 Lobster Control Date.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. We may not consider comments sent by any other
method, to any other address or individual, or
[[Page 43786]]
received after the end of the comment period. 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.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). We accept attachments to electronic comments
only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, 978-281-9225.
SUPPLEMENTARY INFORMATION:
Background
NMFS works cooperatively with the states to conserve the American
lobster resource within the framework of the Atlantic States Marine
Fisheries Commission's Interstate Fishery Management Plan for American
Lobster (ISFMP). Through the ISFMP, the Commission adopts fishery
conservation and management strategies for the American lobster
resource and coordinates the efforts of the states and NMFS to
implement these strategies.
To carry out Congressionally-mandated responsibilities under the
Endangered Species Act and Marine Mammal Protection Act (MMPA), NMFS
convened the Atlantic Large Whale Take Reduction Team (TRT) during the
last week of April 2019. The TRT is composed of representatives from
state and Federal fishery agencies, conservation groups, researchers,
and the fishing industry, including the lobster industry. As required
under the MMPA, the TRT is tasked with recommending management measures
to reduce the risk of serious injury and entanglement of endangered
whales in fishing gear. At the meeting, the New England states and the
offshore lobster industry committed to reducing the risk of serious
injury and mortality from lobster gear to North Atlantic right whales
by 60 percent in all lobster management areas. The specific measures to
achieve this goal are not yet finalized, but will focus on reducing the
number, and lowering the breaking strength of, vertical lines used in
the lobster trap fishery.
Following the outcome of the TRT meeting, the Commission met and
voted to establish a control date of April 29, 2019, to notify American
lobster permit holders and any potential new entrants that future
participation and eligibility may be affected by past participation,
documentation of landings, effort, and/or gear configuration prior to
the control date. Participation in the fishery after the control date
may not be treated the same as participation before the control date.
NMFS will use April 29, 2019, as a control date for the same reasons
outlined by the Commission. In the coming months, NMFS will be working
with the states and the industry to develop more specific management
measures to achieve the goals recommended by the TRT. Should the
Commission take additional action, NMFS will consider complementary
action pursuant to the Atlantic Coastal Fisheries Cooperative
Management Act and the Magnuson-Stevens Fishery Conservation and
Management Act.
This notification and control date do not impose any legal
obligations, requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.
Dated: August 19, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2019-18096 Filed 8-21-19; 8:45 am]
BILLING CODE 3510-22-P
