Control Date for Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Pacific Cod Fishery, 67421-67422 [2019-26395]
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Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Proposed Rules
(C) Weather parameters (e.g., wind
speed, percent cloud cover, visibility);
(D) Water conditions (e.g., sea state,
tide state);
(E) Species, numbers, and, if possible,
sex and age class of marine mammals;
(F) Description of any observable
marine mammal behavior patterns,
including bearing and direction of travel
and distance from pile driving activity;
(G) Distance from pile driving
activities to marine mammals and
distance from the marine mammals to
the observation point;
(H) Description of implementation of
mitigation measures (e.g., shutdown or
delay);
(I) Locations of all marine mammal
observations; and
(J) Other human activity in the area.
(2) Navy shall submit a
comprehensive summary report to
NMFS not later than ninety days
following the conclusion of marine
mammal monitoring efforts described in
this subpart.
(e) Reporting of injured or dead
marine mammals: In the event that
personnel involved in the survey
activities discover an injured or dead
marine mammal, the LOA-holder must
report the incident to the Office of
Protected Resources (OPR), NMFS and
to the West Coast Regional Stranding
Network as soon as feasible. The report
must include the following information:
(1) Time, date, and location (latitude/
longitude) of the first discovery (and
updated location information if known
and applicable);
(2) Species identification (if known)
or description of the animal(s) involved;
(3) Condition of the animal(s)
(including carcass condition if the
animal is dead);
(4) Observed behaviors of the
animal(s), if alive;
(5) If available, photographs or video
footage of the animal(s); and
(6) General circumstances under
which the animal was discovered.
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 218.36
Letters of Authorization.
(a) To incidentally take marine
mammals pursuant to these regulations,
the Navy must apply for and obtain an
LOA.
(b) An LOA, unless suspended or
revoked, may be effective for a period of
time not to exceed the expiration date
of these regulations.
(c) If an LOA expires prior to the
expiration date of these regulations, the
Navy may apply for and obtain a
renewal of the LOA.
(d) In the event of projected changes
to the activity or to mitigation and
monitoring measures required by an
LOA, the Navy must apply for and
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16:46 Dec 09, 2019
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obtain a modification of the LOA as
described in § 218.37.
(e) The LOA shall set forth:
(1) Permissible methods of incidental
taking;
(2) Means of effecting the least
practicable adverse impact (i.e.,
mitigation) on the species, its habitat,
and on the availability of the species for
subsistence uses; and
(3) Requirements for monitoring and
reporting.
(f) Issuance of the LOA shall be based
on a determination that the level of
taking will be consistent with the
findings made for the total taking
allowable under these regulations.
(g) Notice of issuance or denial of an
LOA shall be published in the Federal
Register within thirty days of a
determination.
§ 218.37 Renewals and modifications of
Letters of Authorization.
(a) An LOA issued under § 216.106 of
this chapter and § 218.36 for the activity
identified in § 218.30(a) shall be
renewed or modified upon request by
the applicant, provided that:
(1) The proposed specified activity
and mitigation, monitoring, and
reporting measures, as well as the
anticipated impacts, are the same as
those described and analyzed for these
regulations (excluding changes made
pursuant to the adaptive management
provision in paragraph (c)(1) of this
section), and
(2) NMFS determines that the
mitigation, monitoring, and reporting
measures required by the previous LOA
under these regulations were
implemented.
(b) For LOA modification or renewal
requests by the applicant that include
changes to the activity or the mitigation,
monitoring, or reporting (excluding
changes made pursuant to the adaptive
management provision in paragraph
(c)(1) of this section) that do not change
the findings made for the regulations or
result in no more than a minor change
in the total estimated number of takes
(or distribution by species or years),
NMFS may publish a notice of proposed
LOA in the Federal Register, including
the associated analysis of the change,
and solicit public comment before
issuing the LOA.
(c) An LOA issued under § 216.106 of
this chapter and § 218.36 for the activity
identified in § 218.30(a) may be
modified by NMFS under the following
circumstances:
(1) Adaptive Management—NMFS
may modify (including augment) the
existing mitigation, monitoring, or
reporting measures (after consulting
with the Navy regarding the
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Fmt 4702
Sfmt 4702
67421
practicability of the modifications) if
doing so creates a reasonable likelihood
of more effectively accomplishing the
goals of the mitigation and monitoring
set forth in the preamble for these
regulations.
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in an LOA:
(A) Results from the Navy’s
monitoring from the previous year(s).
(B) Results from other marine
mammal and/or sound research or
studies.
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent LOAs.
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed LOA in the Federal
Register and solicit public comment.
(2) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified in LOAs issued pursuant to
§ 216.106 of this chapter and § 218.36,
an LOA may be modified without prior
notice or opportunity for public
comment. Notice would be published in
the Federal Register within thirty days
of the action.
§ 218.38–§ 218.39
[Reserved]
[FR Doc. 2019–26429 Filed 12–9–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 191202–0096]
RIN 0648–BJ42
Control Date for Catcher/Processors
Using Pot Gear in the Bering Sea and
Aleutian Islands Pacific Cod Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); control date.
AGENCY:
At the request of the North
Pacific Fishery Management Council
(Council), this notice announces a
control date of December 10, 2019, that
may be used as a reference date for a
future management action to limit
SUMMARY:
E:\FR\FM\10DEP1.SGM
10DEP1
67422
Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
future access to the Bering Sea and
Aleutian Islands (BSAI) Pacific cod pot
catcher/processor sector. This notice is
intended to promote awareness of
possible rulemaking and provide notice
to the public that any participation in
the BSAI Pacific cod pot catcher/
processor sector after the control date
may not ensure continued access to this
fishery under a future management
action. This notice is also intended to
discourage speculative entry into this
fishery while the Council considers
whether and how access to the fishery
may be further limited under a future
management action.
DATES: December 10, 2019, shall be
known as the control date for the BSAI
Pacific cod pot catcher/processor sector
fishery and may be used as a reference
date for participation in a future
management action that is consistent
with the Council’s objectives and
applicable Federal laws.
FOR FURTHER INFORMATION CONTACT: Kurt
Iverson: 907–586–7228 or Kurt.Iverson@
noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
U.S. exclusive economic zone (EEZ) of
the BSAI under the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). The Council
prepared, and NMFS approved, the FMP
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), 16 U.S.C. 1801 et seq. Regulations
governing U.S. fisheries and
implementing the FMP appear at 50
CFR parts 600 and 679.
This advance notice of proposed
rulemaking would apply to owners and
operators of catcher/processor vessels
that participate in Federal groundfish
fisheries with pot gear in the BSAI. The
BSAI is defined at § 679.2 and shown in
Figure 1 to 50 CFR part 679.
The Council and NMFS annually
establish overfishing limits and annual
total allowable catch limits for
groundfish species to sustainably
manage the groundfish fisheries in the
BSAI. To achieve these objectives,
NMFS requires vessel operators
participating in BSAI Pacific cod
fisheries to comply with various
regulatory restrictions, such as fishery
closures and limits on participation and
VerDate Sep<11>2014
16:46 Dec 09, 2019
Jkt 250001
effort, to maintain catch within
specified total allowable catch limits.
The Council and NMFS have long
sought to control fishing effort in the
North Pacific Ocean to ensure that
fisheries are conservatively managed
and do not exceed established biological
thresholds. One of the measures used by
the Council and NMFS is the license
limitation program (LLP), which limits
access to the federally managed
groundfish, crab, and scallop fisheries
in the BSAI and the Gulf of Alaska. For
groundfish, the LLP requires that
persons hold and assign a license to
each vessel that is used to fish in
federally managed fisheries, with some
limited exemptions. The preamble to
the final rule implementing the
groundfish LLP provides a more
detailed explanation of the rationale for
specific provisions in the LLP (October
1, 1998; 63 FR 52642).
A vessel participating in groundfish
fisheries in Federal waters in the BSAI
or GOA is required to have an LLP
license with the applicable area, gear,
and operation type endorsements, and a
sufficient maximum length overall
(MLOA) In 2019, there were a total of
eight LLP licenses with a BS Pacific cod
pot catcher/processor (C/P)
endorsement. Of those eight LLP
licenses, five LLP licenses also had an
AI Pacific cod pot C/P endorsement,
three LLP licenses also had a BS Pacific
cod HAL C/P endorsement, and three
LLP licenses also had an AI Pacific cod
HAL C/P endorsement.
In October 2019, the Council
reviewed a discussion paper and
received public testimony from
participants in the BSAI Pacific cod pot
C/P sector. These participants indicated
that a new vessel entered the fishery in
recent years and this new entry may
negatively impact the ability of
historical fishery participants to
maintain groundfish harvests and
processing in the BSAI.
After considering this public
testimony, the Council stated its intent
to evaluate methods for further limiting
access to the BSAI Pacific cod pot
catcher/processor sector in a future
management action. To dampen the
effect of speculative entry into this
sector during this deliberative period,
the Council announced a control date.
This date corresponds to the date of
PO 00000
Frm 00042
Fmt 4702
Sfmt 9990
publication of this advance notice of
proposed rulemaking after the end of
the 2019 fishing season and prior to the
start of the 2020 fishing season.
The control date may be used as a
reference date for a future management
action to further limit access to the BSAI
Pacific cod pot catcher/processor sector.
The Council clarified that the control
date would not obligate the Council to
use this control date in any future
management action. Further, the control
date would not obligate the Council to
take any action or prevent the Council
from selecting another control date.
Accordingly, this notice is intended to
promote awareness that the Council
may develop a future management
action to achieve its objectives for the
BSAI Pacific cod pot catcher/processor
sector fishery; to provide notice to the
public that any current or future access
to the Pacific cod pot catcher/processor
fishery may be affected or restricted;
and to discourage speculative
participation and behavior in the
fisheries while the Council considers
whether to initiate a management action
to further limit access to this fishery.
Any measures the Council considers
may require changes to the FMP. Such
measures may be adopted in a future
amendment to the FMP, which would
include opportunity for further public
participation and comment.
NMFS encourages public
participation in the Council’s
consideration of a management action to
further limit access to BSAI Pacific cod
fishery. Please consult the Council’s
website at https://www.npfmc.org/ for
information on public participation in
the Council’s decision-making process.
The Council is scheduled to receive an
initial review draft Analysis at its
meeting scheduled for March 30, 2020
through April 7, 2020.
This notification and control date do
not impose any legal obligations,
requirements, or expectations.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 2, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–26395 Filed 12–9–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\10DEP1.SGM
10DEP1
]]>Agencies
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Proposed Rules]
[Pages 67421-67422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26395]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 191202-0096]
RIN 0648-BJ42
Control Date for Catcher/Processors Using Pot Gear in the Bering
Sea and Aleutian Islands Pacific Cod Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); control date.
-----------------------------------------------------------------------
SUMMARY: At the request of the North Pacific Fishery Management Council
(Council), this notice announces a control date of December 10, 2019,
that may be used as a reference date for a future management action to
limit
[[Page 67422]]
future access to the Bering Sea and Aleutian Islands (BSAI) Pacific cod
pot catcher/processor sector. This notice is intended to promote
awareness of possible rulemaking and provide notice to the public that
any participation in the BSAI Pacific cod pot catcher/processor sector
after the control date may not ensure continued access to this fishery
under a future management action. This notice is also intended to
discourage speculative entry into this fishery while the Council
considers whether and how access to the fishery may be further limited
under a future management action.
DATES: December 10, 2019, shall be known as the control date for the
BSAI Pacific cod pot catcher/processor sector fishery and may be used
as a reference date for participation in a future management action
that is consistent with the Council's objectives and applicable Federal
laws.
FOR FURTHER INFORMATION CONTACT: Kurt Iverson: 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
U.S. exclusive economic zone (EEZ) of the BSAI under the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (FMP). The Council prepared, and NMFS approved, the FMP
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and implementing the FMP appear at
50 CFR parts 600 and 679.
This advance notice of proposed rulemaking would apply to owners
and operators of catcher/processor vessels that participate in Federal
groundfish fisheries with pot gear in the BSAI. The BSAI is defined at
Sec. 679.2 and shown in Figure 1 to 50 CFR part 679.
The Council and NMFS annually establish overfishing limits and
annual total allowable catch limits for groundfish species to
sustainably manage the groundfish fisheries in the BSAI. To achieve
these objectives, NMFS requires vessel operators participating in BSAI
Pacific cod fisheries to comply with various regulatory restrictions,
such as fishery closures and limits on participation and effort, to
maintain catch within specified total allowable catch limits.
The Council and NMFS have long sought to control fishing effort in
the North Pacific Ocean to ensure that fisheries are conservatively
managed and do not exceed established biological thresholds. One of the
measures used by the Council and NMFS is the license limitation program
(LLP), which limits access to the federally managed groundfish, crab,
and scallop fisheries in the BSAI and the Gulf of Alaska. For
groundfish, the LLP requires that persons hold and assign a license to
each vessel that is used to fish in federally managed fisheries, with
some limited exemptions. The preamble to the final rule implementing
the groundfish LLP provides a more detailed explanation of the
rationale for specific provisions in the LLP (October 1, 1998; 63 FR
52642).
A vessel participating in groundfish fisheries in Federal waters in
the BSAI or GOA is required to have an LLP license with the applicable
area, gear, and operation type endorsements, and a sufficient maximum
length overall (MLOA) In 2019, there were a total of eight LLP licenses
with a BS Pacific cod pot catcher/processor (C/P) endorsement. Of those
eight LLP licenses, five LLP licenses also had an AI Pacific cod pot C/
P endorsement, three LLP licenses also had a BS Pacific cod HAL C/P
endorsement, and three LLP licenses also had an AI Pacific cod HAL C/P
endorsement.
In October 2019, the Council reviewed a discussion paper and
received public testimony from participants in the BSAI Pacific cod pot
C/P sector. These participants indicated that a new vessel entered the
fishery in recent years and this new entry may negatively impact the
ability of historical fishery participants to maintain groundfish
harvests and processing in the BSAI.
After considering this public testimony, the Council stated its
intent to evaluate methods for further limiting access to the BSAI
Pacific cod pot catcher/processor sector in a future management action.
To dampen the effect of speculative entry into this sector during this
deliberative period, the Council announced a control date. This date
corresponds to the date of publication of this advance notice of
proposed rulemaking after the end of the 2019 fishing season and prior
to the start of the 2020 fishing season.
The control date may be used as a reference date for a future
management action to further limit access to the BSAI Pacific cod pot
catcher/processor sector. The Council clarified that the control date
would not obligate the Council to use this control date in any future
management action. Further, the control date would not obligate the
Council to take any action or prevent the Council from selecting
another control date. Accordingly, this notice is intended to promote
awareness that the Council may develop a future management action to
achieve its objectives for the BSAI Pacific cod pot catcher/processor
sector fishery; to provide notice to the public that any current or
future access to the Pacific cod pot catcher/processor fishery may be
affected or restricted; and to discourage speculative participation and
behavior in the fisheries while the Council considers whether to
initiate a management action to further limit access to this fishery.
Any measures the Council considers may require changes to the FMP. Such
measures may be adopted in a future amendment to the FMP, which would
include opportunity for further public participation and comment.
NMFS encourages public participation in the Council's consideration
of a management action to further limit access to BSAI Pacific cod
fishery. Please consult the Council's website at https://www.npfmc.org/
for information on public participation in the Council's decision-
making process. The Council is scheduled to receive an initial review
draft Analysis at its meeting scheduled for March 30, 2020 through
April 7, 2020.
This notification and control date do not impose any legal
obligations, requirements, or expectations.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 2, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-26395 Filed 12-9-19; 8:45 am]
BILLING CODE 3510-22-P
