Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit, 51115-51116 [2019-21029]
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
Final Results of Changed
Circumstances Review
For the reasons stated in the
Preliminary Results, and because we
received no comments from interested
parties to the contrary, Commerce
continues to find that SSIPL is the
successor-in-interest to SAFE. As a
result of this determination and
consistent with established practice, we
find that SSIPL should receive the cash
deposit rate previously assigned to
SAFE. Consequently, Commerce will
instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
produced or exported by SSIPL and
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register at 1.35 percent, which
is the current antidumping duty cashdeposit rate for SAFE.6 This cash
deposit requirement shall remain in
effect until further notice.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act and 19
CFR 351.216(e), 351.221(b), and
351.221(c)(3).
Dated: September 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–21011 Filed 9–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW009
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Pacific Coast Groundfish
Fishery; Application for an Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
jbell on DSK3GLQ082PROD with NOTICES
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
SUMMARY:
6 See 12th AR of Shrimp from India, 83 FR at
32836.
VerDate Sep<11>2014
18:29 Sep 26, 2019
Jkt 247001
West Coast Region, NMFS, has made a
preliminary determination that an
exempted fishing permit application
titled, ‘‘Annual Vessel Limit Pooling for
Groundfish IFQ Vessels Operating
Under a Collective Enforcement
Agreement in 2019–2020,’’ contains all
of the required information and
warrants further consideration. The
application, submitted by the Fort Bragg
Association and the Half Moon Bay
Groundfish Marketing Association,
requests approval to test the use of a
voluntary collective agreement to
manage a pool of annual vessel limits of
cowcod quota pounds using a risk
pooling model. This exempted fishing
permit project would allow individual
vessels participating in the California
Groundfish Collective to exceed their
annual vessel limit for cowcod, however
the collective pooled annual vessel limit
would not be exceeded. The primary
goal of this exempted fishing permit
project is to reduce the operational risk
of catching cowcod for participating
vessels, while allowing participating
vessels to increase landings of more
abundant groundfish stocks. Regulations
under the Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed exempted fishing permit
projects.
DATES: Comments must be received no
later than 5 p.m., local time on October
15, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0101, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190101, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments. The EFP
application will be available under
‘‘Supporting Documents’’ through the
same link.
• Mail: Submit written comments to
Lynn Massey, West Coast Region,
NMFS, 501 W Ocean Blvd., Ste. 4200,
Long Beach, CA 90802–4250.
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 NMFS. All comments
received are a part of the public record
and would generally be posted for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
51115
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender
would be publicly accessible. NMFS
would accept anonymous comments
(enter ‘‘N/A’’ in the required fields if
you wish to remain anonymous).
Attachments to electronic comments
would be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Lynn Massey, West Coast Region,
NMFS, at (562) 436–2462, lynn.massey@
noaa.gov.
SUPPLEMENTARY INFORMATION: This
action is authorized under MagnusonStevens Conservation and Management
(Magnuson-Stevens Act) regulations at
50 CFR 600.745, which allow NMFS
Regional Administrators to issue
exempted fishing permits (EFP) to test
fishing activities that would otherwise
be prohibited.
The California Groundfish Collective
(CGC) is comprised of fishing
associations from Fort Bragg and Half
Moon Bay, and includes fishermen from
three ports along the California Coast.
CGC fishermen collect and share
information about where, when, and
what type of fish they catch, and use
this information to adaptively manage
fishing strategies to reduce bycatch of
overfished groundfish stocks (i.e.,
yelloweye rockfish and cowcod) and
increase catch of healthy target
groundfish stocks (e.g., chilipepper
rockfish, bocaccio, and petrale sole).
CGC vessels participate in the Trawl
Rationalization Program’s Shorebased
Individual Fishing Quota (IFQ) Program.
Annual vessel limits are used in the
Shorebased IFQ Program to restrict the
consolidation of quota pounds among
vessels in the fishery, particularly for
constraining stocks and stock complexes
(e.g., overfished stocks). Vessels may not
purchase or fish quota pounds in excess
of the annual vessel limit. For example,
if a vessel owns 100 quota pounds of a
stock, and the annual vessel limit is 500
quota pounds, the vessel can only
purchase 400 additional quota pounds,
and fish up to a total of 500 quota
pounds. The annual vessel limit for
stocks or stock complexes is calculated
as a fixed percentage of the Shorebased
IFQ allocation.
The region where the CGC operates
off the coast of California (south of the
40°10′ North latitude (N lat.)
management line) is the only area where
cowcod are encountered and managed
as an individual IFQ species, and few
trawl vessels operate in the area. The
annual catch limit for cowcod is small
due to its overfished stock status.
Vessels have historically caught cowcod
E:\FR\FM\27SEN1.SGM
27SEN1
jbell on DSK3GLQ082PROD with NOTICES
51116
Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
in this region, but were previously able
to avoid encounters to limit cowcod
catch below the annual vessel limit.
However, as the cowcod stock rebuilds,
vessels are encountering cowcod more
often and in higher numbers. The draft
2019 cowcod stock assessment, which
will be reviewed at the September
Pacific Fishery Management Council
(Council) meeting, indicates that the
stock has improved compared to the
previous assessment, which projected
that the stock would rebuild by 2020. If
the Council’s Scientific and Statistical
Committee determines the draft 2019
cowcod stock assessment is the best
scientific information available, the
resulting biomass estimates may be used
to support adjustments in future catch
limits or changes to cowcod’s stock
status.
At the June 2018, April 2019, and
June 2019 Council meetings, the CGC
made public comments that annual
vessel limits for cowcod have been
constraining fishing operations in CGC
ports. The CGC reported that in 2017–
2019, its participating vessels
experienced significant catch increases
for cowcod early in the fishing season,
and that, if this continues through the
2019 and 2020 fishing years, vessels
may attain their cowcod annual vessel
limit and be forced to depart fishing
grounds early despite not having
attained quotas for healthy target stocks.
This would reduce economic
opportunity for CGC vessels and likely
adversely impact other components of
the fishing industry (e.g., processors).
On June 18, 2019, the CGC submitted
an application for an EFP project to
exempt CGC vessels from the Federal
regulations at 50 CFR 660.140(b)(1)(iii)
through (v), which include requirements
applicable to individual vessels with
any species deficit in their IFQ account.
If NMFS approves this EFP project, CGC
vessels fishing on an EFP trip would be
permitted to exceed the current annual
vessel limit for cowcod (i.e., 858 pounds
or 17.7 percent of the 4,850-pound
cowcod Shorebased IFQ allocation),
however collectively, the CGC vessels’
catch would not be permitted to exceed
the amount specified for the pool (i.e.,
858 pounds x total number of CGC
participant vessels). The goals of this
EFP project are to:
• Test and evaluate the merits of
permitting a regional collective of
vessels operating under a Collective
Enforcement Agreement, similar to a
regional fishery association, to pool
constraining species quota pounds,
allocate those pounds among members
as needed (potentially exceeding annual
vessel limits), and stay within a pool
limit;
VerDate Sep<11>2014
18:29 Sep 26, 2019
Jkt 247001
• identify if managing annual vessel
limits using a risk pool model can allow
additional attainment of target species
while mitigating the impact of catching
constraining species to the point of
ending fishing seasons early;
• establish and share best practices
for collectively managing and allocating
constraining species quota pounds using
a Collective Enforcement Agreement;
• gather and share information that
may inform an impact analysis should
the Council scope potential changes to
the groundfish IFQ vessel limit
regulations; and
• gather and share information that
may inform an exploration into the
types of provisions to include in
regional fishery associations as defined
in the Magnuson-Stevens Fishery
Conservation and Management Act as
well as community fishing groups that
are already allowed within the current
fishery management system.
Currently, there are five CGC vessels.
If this EFP project is approved, NMFS
would provide EFPs to these five vessels
in 2019, and any additional vessels that
join the CGC in 2019 or 2020.
NMFS is proposing to approve the
2019–2020 EFP project covering the
exemptions stated above, following the
conclusion of the public comment
period and review of public comment.
Pending approval, NMFS would issue
the permits for the EFP project to the
vessel owner or designated
representative as the ‘‘EFP holder.’’
NMFS intends to use an adaptive
management approach in which NMFS
may revise requirements and protocols
to improve the program without issuing
another Federal Register Notice,
provided that the modifications fall
within the scope of the original EFP
project. In addition, the applicants may
request minor modifications and
extensions to the EFP project
throughout the course of research.
NMFS may grant EFP modifications and
extensions without further public notice
if the changes are essential to facilitate
completing the proposed research and
result in only a minimal change in the
scope or impacts of the initially
approved EFP request.
All CGC vessels participate in NMFS’
electronic monitoring (EM) EFP project,
which exempts certain vessels from the
requirement to carry a human observer
on all IFQ fishing trips. While NMFS
has primary jurisdiction over EM EFP
management, the Nature Conservancy is
an EFP holder that manages CGC vessels
operating under the EM EFP pursuant to
a Collective Enforcement Agreement,
which outlines rules that CGC vessels
must follow, including catch
requirements and EM system
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
specifications. If NMFS approves this
EFP application, the specific terms and
conditions of the EFP would be partially
managed by the Nature Conservancy via
an extended version of the EM EFP
Collective Enforcement Agreement.
NMFS may adjust these specifics in
cooperation with the EFP applicant and
following the public comment period.
After publication of this document in
the Federal Register, NMFS may
approve and issue permits for the EFP
project after the close of the public
comment period. NMFS will consider
comments submitted, as well as any
discussion that may occur at the
September 2019 Council meeting, in
deciding whether to approve the
application as requested. NMFS may
approve the application in its entirety or
may make any alterations needed to
achieve the goals of the EFP project.
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C.
773 et seq.; 16 U.S.C. 7001 et seq.
Dated: September 24, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–21029 Filed 9–26–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF362
Notice of Availability of Draft
Environmental Assessment on the
Effects of Issuing an Incidental Take
Permit No. 21316
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; availability of a Draft
Environmental Assessment and receipt
of revised application; request for
comments.
AGENCY:
NMFS announces the
availability of the revised application
and Draft Environmental Assessment
(EA) on the effects of issuing an
Incidental Take Permit (ITP) (No. 21316)
to Barney M. Davis L.P., pursuant to the
Endangered Species Act (ESA) of 1973,
as amended, for the incidental take of
green (Chelonia mydas, North Atlantic
Distinct Population Segment) and
Kemp’s ridley (Lepidochelys kempii) sea
turtles associated with the otherwise
lawful operation of the Barney M. Davis
Power Station in Corpus Christi, TX.
The facility is requesting the permit be
issued for a duration of 10 years.
SUMMARY:
E:\FR\FM\27SEN1.SGM
27SEN1
]]>Agencies
[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51115-51116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21029]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW009
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Pacific Coast Groundfish Fishery; Application for an
Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, West Coast Region, NMFS, has made a preliminary
determination that an exempted fishing permit application titled,
``Annual Vessel Limit Pooling for Groundfish IFQ Vessels Operating
Under a Collective Enforcement Agreement in 2019-2020,'' contains all
of the required information and warrants further consideration. The
application, submitted by the Fort Bragg Association and the Half Moon
Bay Groundfish Marketing Association, requests approval to test the use
of a voluntary collective agreement to manage a pool of annual vessel
limits of cowcod quota pounds using a risk pooling model. This exempted
fishing permit project would allow individual vessels participating in
the California Groundfish Collective to exceed their annual vessel
limit for cowcod, however the collective pooled annual vessel limit
would not be exceeded. The primary goal of this exempted fishing permit
project is to reduce the operational risk of catching cowcod for
participating vessels, while allowing participating vessels to increase
landings of more abundant groundfish stocks. Regulations under the
Magnuson-Stevens Fishery Conservation and Management Act require
publication of this notification to provide interested parties the
opportunity to comment on applications for proposed exempted fishing
permit projects.
DATES: Comments must be received no later than 5 p.m., local time on
October 15, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0101, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0101, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments. The EFP application will be available under
``Supporting Documents'' through the same link.
Mail: Submit written comments to Lynn Massey, West Coast
Region, NMFS, 501 W Ocean Blvd., Ste. 4200, Long Beach, CA 90802-4250.
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 NMFS. All comments received are a part of the
public record and would 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 would be publicly accessible. NMFS would accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments would be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS,
at (562) 436-2462, [email protected].
SUPPLEMENTARY INFORMATION: This action is authorized under Magnuson-
Stevens Conservation and Management (Magnuson-Stevens Act) regulations
at 50 CFR 600.745, which allow NMFS Regional Administrators to issue
exempted fishing permits (EFP) to test fishing activities that would
otherwise be prohibited.
The California Groundfish Collective (CGC) is comprised of fishing
associations from Fort Bragg and Half Moon Bay, and includes fishermen
from three ports along the California Coast. CGC fishermen collect and
share information about where, when, and what type of fish they catch,
and use this information to adaptively manage fishing strategies to
reduce bycatch of overfished groundfish stocks (i.e., yelloweye
rockfish and cowcod) and increase catch of healthy target groundfish
stocks (e.g., chilipepper rockfish, bocaccio, and petrale sole).
CGC vessels participate in the Trawl Rationalization Program's
Shorebased Individual Fishing Quota (IFQ) Program. Annual vessel limits
are used in the Shorebased IFQ Program to restrict the consolidation of
quota pounds among vessels in the fishery, particularly for
constraining stocks and stock complexes (e.g., overfished stocks).
Vessels may not purchase or fish quota pounds in excess of the annual
vessel limit. For example, if a vessel owns 100 quota pounds of a
stock, and the annual vessel limit is 500 quota pounds, the vessel can
only purchase 400 additional quota pounds, and fish up to a total of
500 quota pounds. The annual vessel limit for stocks or stock complexes
is calculated as a fixed percentage of the Shorebased IFQ allocation.
The region where the CGC operates off the coast of California
(south of the 40[deg]10' North latitude (N lat.) management line) is
the only area where cowcod are encountered and managed as an individual
IFQ species, and few trawl vessels operate in the area. The annual
catch limit for cowcod is small due to its overfished stock status.
Vessels have historically caught cowcod
[[Page 51116]]
in this region, but were previously able to avoid encounters to limit
cowcod catch below the annual vessel limit. However, as the cowcod
stock rebuilds, vessels are encountering cowcod more often and in
higher numbers. The draft 2019 cowcod stock assessment, which will be
reviewed at the September Pacific Fishery Management Council (Council)
meeting, indicates that the stock has improved compared to the previous
assessment, which projected that the stock would rebuild by 2020. If
the Council's Scientific and Statistical Committee determines the draft
2019 cowcod stock assessment is the best scientific information
available, the resulting biomass estimates may be used to support
adjustments in future catch limits or changes to cowcod's stock status.
At the June 2018, April 2019, and June 2019 Council meetings, the
CGC made public comments that annual vessel limits for cowcod have been
constraining fishing operations in CGC ports. The CGC reported that in
2017-2019, its participating vessels experienced significant catch
increases for cowcod early in the fishing season, and that, if this
continues through the 2019 and 2020 fishing years, vessels may attain
their cowcod annual vessel limit and be forced to depart fishing
grounds early despite not having attained quotas for healthy target
stocks. This would reduce economic opportunity for CGC vessels and
likely adversely impact other components of the fishing industry (e.g.,
processors).
On June 18, 2019, the CGC submitted an application for an EFP
project to exempt CGC vessels from the Federal regulations at 50 CFR
660.140(b)(1)(iii) through (v), which include requirements applicable
to individual vessels with any species deficit in their IFQ account. If
NMFS approves this EFP project, CGC vessels fishing on an EFP trip
would be permitted to exceed the current annual vessel limit for cowcod
(i.e., 858 pounds or 17.7 percent of the 4,850-pound cowcod Shorebased
IFQ allocation), however collectively, the CGC vessels' catch would not
be permitted to exceed the amount specified for the pool (i.e., 858
pounds x total number of CGC participant vessels). The goals of this
EFP project are to:
Test and evaluate the merits of permitting a regional
collective of vessels operating under a Collective Enforcement
Agreement, similar to a regional fishery association, to pool
constraining species quota pounds, allocate those pounds among members
as needed (potentially exceeding annual vessel limits), and stay within
a pool limit;
identify if managing annual vessel limits using a risk
pool model can allow additional attainment of target species while
mitigating the impact of catching constraining species to the point of
ending fishing seasons early;
establish and share best practices for collectively
managing and allocating constraining species quota pounds using a
Collective Enforcement Agreement;
gather and share information that may inform an impact
analysis should the Council scope potential changes to the groundfish
IFQ vessel limit regulations; and
gather and share information that may inform an
exploration into the types of provisions to include in regional fishery
associations as defined in the Magnuson-Stevens Fishery Conservation
and Management Act as well as community fishing groups that are already
allowed within the current fishery management system.
Currently, there are five CGC vessels. If this EFP project is
approved, NMFS would provide EFPs to these five vessels in 2019, and
any additional vessels that join the CGC in 2019 or 2020.
NMFS is proposing to approve the 2019-2020 EFP project covering the
exemptions stated above, following the conclusion of the public comment
period and review of public comment. Pending approval, NMFS would issue
the permits for the EFP project to the vessel owner or designated
representative as the ``EFP holder.'' NMFS intends to use an adaptive
management approach in which NMFS may revise requirements and protocols
to improve the program without issuing another Federal Register Notice,
provided that the modifications fall within the scope of the original
EFP project. In addition, the applicants may request minor
modifications and extensions to the EFP project throughout the course
of research. NMFS may grant EFP modifications and extensions without
further public notice if the changes are essential to facilitate
completing the proposed research and result in only a minimal change in
the scope or impacts of the initially approved EFP request.
All CGC vessels participate in NMFS' electronic monitoring (EM) EFP
project, which exempts certain vessels from the requirement to carry a
human observer on all IFQ fishing trips. While NMFS has primary
jurisdiction over EM EFP management, the Nature Conservancy is an EFP
holder that manages CGC vessels operating under the EM EFP pursuant to
a Collective Enforcement Agreement, which outlines rules that CGC
vessels must follow, including catch requirements and EM system
specifications. If NMFS approves this EFP application, the specific
terms and conditions of the EFP would be partially managed by the
Nature Conservancy via an extended version of the EM EFP Collective
Enforcement Agreement. NMFS may adjust these specifics in cooperation
with the EFP applicant and following the public comment period.
After publication of this document in the Federal Register, NMFS
may approve and issue permits for the EFP project after the close of
the public comment period. NMFS will consider comments submitted, as
well as any discussion that may occur at the September 2019 Council
meeting, in deciding whether to approve the application as requested.
NMFS may approve the application in its entirety or may make any
alterations needed to achieve the goals of the EFP project.
Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 773 et seq.; 16
U.S.C. 7001 et seq.
Dated: September 24, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-21029 Filed 9-26-19; 8:45 am]
BILLING CODE 3510-22-P
