Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Closure of the Regular B Days-at-Sea Program for the Remainder of Fishing Year 2019, 68797-68798 [2019-27131]
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
or 1–2012 (77 FR 3912), as applicable, and
29 CFR part 1911.
7. Amend § 1910.140 by revising
paragraph (c)(8) to read as follows:
■
§ 1910.140
systems.
Personal fall protection
*
*
*
*
*
(c) * * *
(8) D-rings, snaphooks, and carabiners
must be proof tested to a minimum
tensile load of 3,600 pounds (16 kN)
without cracking, breaking, or incurring
permanent deformation. The gate
strength of snaphooks and carabiners
must be capable of withstanding a
minimum load of 3,600 pounds (16 kN)
without the gate separating from the
nose of the snaphook or carabiner body
by more than 0.125 inches (3.175 mm).
*
*
*
*
*
8. The authority citation for part 1910,
subpart R, continues to read as follows:
■
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),
5–2007 (72 FR 31159), 4–2010 (75 FR 55355),
or 1–2012 (77 FR 3912), as applicable; and
29 CFR part 1911.
9. Amend § 1910.269 by revising
paragraph (h)(2) introductory text to
read as follows:
■
*
BILLING CODE 4510–26–P
This action is effective December
16, 2019, through April 30, 2020.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, (978) 281–9232.
Federal
regulations at 50 CFR 648.85(b)(6)(vi)
authorize the Regional Administrator to
close the Regular B Days-at-Sea (DAS)
program by prohibiting the use of
Regular B DAS when the continuation
of the program would undermine the
achievement of the objectives of the
Northeast Multispecies Fishery
Management Plan (FMP) or the Regular
B DAS Program.
Framework Adjustment 58 to the
Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented
Common Pool Incidental Catch Total
Allowable Catches (TAC) for the Regular
B DAS Program for the 2019 and 2020
fishing years, listed in Table 1 below.
The Incidental Catch TAC for Gulf of
Maine (GOM) Cod is very small, at 242.5
lb (110 kg).
SUPPLEMENTARY INFORMATION:
50 CFR Part 648
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Closure of the Regular B
Days-at-Sea Program for the
Remainder of Fishing Year 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
closure.
AGENCY:
This action closes the Regular
B Days-at-Sea Program and prohibits the
use of Regular B Days-at-Sea for all
Northeast multispecies vessels for the
*
remainder of fishing year 2019, through
April 30, 2020. This action is being
taken because the common pool fishery
is projected to have caught 77 percent
of the Incidental Catch Total Allowable
Catch for Gulf of Maine Cod. We have
projected that continuation of the
program would undermine the
achievements of the objectives of the
Northeast Multispecies Fishery
Management Plan and the Regular B
Days-at-Sea Program.
DATES:
SUMMARY:
§ 1910.269 Electric power generation,
transmission, and distribution.
*
*
(h) * * *
[FR Doc. 2019–27114 Filed 12–16–19; 8:45 am]
[Docket No. 151211999–6343–02; RTID
0648–XX021]
Subpart R—Special Industries
*
(2) Special ladders and platforms.
Portable ladders used on structures or
conductors in conjunction with
overhead line work need not meet
§ 1910.23(c)(4) and (9). Portable ladders
and platforms used on structures or
conductors in conjunction with
overhead line work shall meet the
following requirements:
*
*
*
*
*
TABLE 1—FISHING YEARS 2019–2020 INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM
[mt, live weight]
Stock
2019
jbell on DSKJLSW7X2PROD with RULES
Georges Bank (GB) Cod ...................................................................................................................................
GOM Cod ...........................................................................................................................................................
GB Yellowtail Flounder ......................................................................................................................................
Cape Cod/GOM Yellowtail Flounder .................................................................................................................
American Plaice .................................................................................................................................................
Witch Flounder ...................................................................................................................................................
Southern New England/Mid-Atlantic Winter Flounder .......................................................................................
Based on information reported
through October 12, 2019, the common
pool fishery is projected to have caught
approximately 186 lb (84.4 kg), or 77
percent of the 242.5-lb (110-kg)
Incidental Catch Total Allowable Catch
(TAC) for GOM cod.
The trip limit for GOM cod for
common pool vessels participating in
the Regular B DAS Program is 25 lb per
trip. At this trip limit, the common pool
fishing has only two trips remaining
before it achieves the Incidental Catch
TAC.
VerDate Sep<11>2014
16:52 Dec 16, 2019
Jkt 250001
Given the current trip limit, and past
fishing behavior, the common pool may
achieve or exceed the GOM Cod
Incidental Catch TAC in a very short
amount of time. Additionally, this may
happen sooner if effort in the Regular B
DAS Program increases. Even at the
current low level of effort in the Regular
B DAS Program, we may not be able to
close the program in time to prevent the
common pool from exceeding the GOM
Cod Incidental Catch TAC, which
would be detrimental to the fishery.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
0.54
0.11
0.02
0.21
1.57
1.15
0.74
(1,190.5 lb)
(242.5 lb)
(44.1 lb)
(463.0 lb)
(3,461.3 lb)
(2,535.3 lb)
(1,631.4 lb)
2020
0.67
0.11
0.04
0.21
1.46
1.15
0.74
(1477.1 lb)
(242.5 lb)
(88.2 lb)
(463.0 lb)
(3,218.7 lb)
(2,535.3 lb)
(1,631.4 lb)
As a result, it is unlikely that we can
effectively limit catch to the GOM Cod
Incidental Catch TAC during the
remainder of fishing year 2019. We
project that continuation of the Regular
B DAS program would undermine the
achievement of the objectives of the
Northeast Multispecies FMP and the
Regular B DAS Program. Effective
December 16, 2019, the Regular B DAS
Program is closed and use of Regular B
DAS is prohibited for the remainder of
the 2019 fishing year, through April 30,
2020. This applies to all vessels issued
E:\FR\FM\17DER1.SGM
17DER1
68798
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
a limited access Northeast multispecies
permit.
If a vessel declared its trip under a
Regular B DAS through the Vessel
Monitoring System (VMS) or the
interactive voice response system, and
crossed the VMS demarcation line prior
to December 16, 2019, it may complete
its trip.
Weekly quota monitoring reports for
the Northeast Multispecies fishery are
on our website at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/reports/h/nemultispecies.html.
We will continue to monitor catch
through vessel trip reports, dealerreported landings, VMS catch reports,
and other available information and, if
necessary, we will make additional
adjustments to common pool
management measures.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be
impracticable and contrary to the public
interest.
The regulations authorize the
Regional Administrator to close the
Regular B DAS Program when the
continuation of the program would
undermine the achievement of the
objectives of the Northeast Multispecies
Fishery Management Plan (FMP) or the
Regular B DAS Program. The public had
prior notice and opportunity to
comment on these regulations and the
potential for in-season closures.
Updated catch information only
recently became available indicating
that the common pool fishery is
projected to have caught 77 percent of
the Incidental Catch TAC for GOM cod
as of October 12, 2019. This action
prevents or limits the overage of the
Incidental Catch TAC for this stock. A
delay in effectiveness would provide
vessel owners an opportunity to
continue to participate in the Regular B
DAS Program, but any additional
participation and catch in the program
could cause the allocation to be
exceeded. The time necessary to provide
for prior notice and comment, and a 30day delay in effectiveness, would
prevent NMFS from implementing the
Regular B DAS program closure in a
timely manner, contrary to the purpose
of the regulations. This could
undermine conservation objectives of
the Northeast Multispecies Fishery
VerDate Sep<11>2014
15:52 Dec 16, 2019
Jkt 250001
Management Plan and Regular B DAS
Program, and cause negative economic
impacts to the Northeast multispecies
fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–27131 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 191212–0110]
RIN 0648–BJ45
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Essential
Fish Habitat
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This implements the
prohibition of gillnet fishing in the
Nantucket Lightship and Closed Area I
Closure Areas as ordered by a Federal
Court. Until further notice, gillnet
fishing will be prohibited in the
Nantucket Lightship and Closed Area I
Groundfish Closure Areas.
DATES: Effective on December 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Senior Fishery Program
Specialist, Greater Atlantic Regional
Fisheries Office, Moira.Kelly@noaa.gov,
(978) 281–9218.
SUPPLEMENTARY INFORMATION: On
January 3, 2018, NOAA’s National
Marine Fisheries Service (NMFS)
partially approved the New England
Fishery Management Council’s
Omnibus Essential Fish Habitat
Amendment 2. The Omnibus
Amendment updated essential fish
habitat designations for all Councilmanaged species and implemented
changes to the spatial management of
Council-managed fisheries throughout
the Gulf of Maine, Georges Bank, and
Southern New England. On April 9,
2018, a final rule implemented the
approved measures (83 FR 15240). The
final rule opened, modified, and
maintained various closed areas, as well
as established new closures to
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
implement approved measures of the
Amendment. The Nantucket Lightship
and Closed Area I Groundfish Closure
Areas were opened to fishing by gears
capable of catching groundfish,
including gillnets and bottom-trawls,
throughout the areas in this final rule.
(Note, scallop fishing was still
prohibited in these areas for a brief time
after the Amendment was in effect,
pending a subsequent scallop action
that incorporated the newly opened
areas into the Scallop Fishery
Management Plan’s rotational
management program.) Directed
groundfish fishing had been prohibited
in these general areas consistently since
the 1980s and early 1990s.
The Conservation Law Foundation
filed suit against NMFS arguing that the
opening of the Nantucket Lightship and
Closed Area I Groundfish Closure Areas
to gears capable of catching groundfish,
including gillnet gear, was not done in
compliance with the Endangered
Species Act consultation requirements
as it pertains to North Atlantic right
whales.
On October 28, 2019, Federal District
Court Judge James E. Boasberg (see
Conservation Law Found. v. Ross, No.
CV 18–1087 (JEB), 2019 WL 5549814
(D.D.C. Oct. 28, 2019)) enjoined NMFS
from allowing gillnet fishing in those
previously closed areas until it fully
complies with the requirements of the
Endangered Species Act and the
Magnuson-Stevens Fishery
Conservation and Management Act.
To comply with this Order, this rule
suspends the Amendment’s opening of
the Nantucket Lightship and Closed
Area I Groundfish Closures to gillnet
fishing and restores prior regulations
that prohibit gillnet gear from fishing in
these areas until further notice, which
will be provided consistent with the
Administrative Procedure Act.
Classification
The NMFS Assistant Administrator
has determined that under section
305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act,
these regulations are necessary to
discharge the Secretary’s responsibility
to ensure the Omnibus Habitat
Amendment complies with the
provisions of the Act and other
applicable law, consistent with the
Court’s Order.
NMFS has good cause under the
Administrative Procedure Act (5 U.S.C.
553(b)(B)) to waive prior notice and
comment for this final rule. The Court
Order requires NMFS to prohibit gillnet
fishing in the areas. Delaying this rule
to allow time for notice and comment
would be contrary to the Court’s Order.
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68797-68798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27131]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151211999-6343-02; RTID 0648-XX021]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Closure of the Regular B Days-at-Sea Program for
the Remainder of Fishing Year 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason closure.
-----------------------------------------------------------------------
SUMMARY: This action closes the Regular B Days-at-Sea Program and
prohibits the use of Regular B Days-at-Sea for all Northeast
multispecies vessels for the remainder of fishing year 2019, through
April 30, 2020. This action is being taken because the common pool
fishery is projected to have caught 77 percent of the Incidental Catch
Total Allowable Catch for Gulf of Maine Cod. We have projected that
continuation of the program would undermine the achievements of the
objectives of the Northeast Multispecies Fishery Management Plan and
the Regular B Days-at-Sea Program.
DATES: This action is effective December 16, 2019, through April 30,
2020.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR
648.85(b)(6)(vi) authorize the Regional Administrator to close the
Regular B Days-at-Sea (DAS) program by prohibiting the use of Regular B
DAS when the continuation of the program would undermine the
achievement of the objectives of the Northeast Multispecies Fishery
Management Plan (FMP) or the Regular B DAS Program.
Framework Adjustment 58 to the Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented Common Pool Incidental Catch Total
Allowable Catches (TAC) for the Regular B DAS Program for the 2019 and
2020 fishing years, listed in Table 1 below. The Incidental Catch TAC
for Gulf of Maine (GOM) Cod is very small, at 242.5 lb (110 kg).
Table 1--Fishing Years 2019-2020 Incidental Catch TACs for the Regular B
DAS Program
[mt, live weight]
------------------------------------------------------------------------
Stock 2019 2020
------------------------------------------------------------------------
Georges Bank (GB) Cod....... 0.54 (1,190.5 lb)... 0.67 (1477.1 lb)
GOM Cod..................... 0.11 (242.5 lb) 0.11 (242.5 lb)
GB Yellowtail Flounder...... 0.02 (44.1 lb) 0.04 (88.2 lb)
Cape Cod/GOM Yellowtail 0.21 (463.0 lb) 0.21 (463.0 lb)
Flounder.
American Plaice............. 1.57 (3,461.3 lb)... 1.46 (3,218.7 lb)
Witch Flounder.............. 1.15 (2,535.3 lb)... 1.15 (2,535.3 lb)
Southern New England/Mid- 0.74 (1,631.4 lb)... 0.74 (1,631.4 lb)
Atlantic Winter Flounder.
------------------------------------------------------------------------
Based on information reported through October 12, 2019, the common
pool fishery is projected to have caught approximately 186 lb (84.4
kg), or 77 percent of the 242.5-lb (110-kg) Incidental Catch Total
Allowable Catch (TAC) for GOM cod.
The trip limit for GOM cod for common pool vessels participating in
the Regular B DAS Program is 25 lb per trip. At this trip limit, the
common pool fishing has only two trips remaining before it achieves the
Incidental Catch TAC.
Given the current trip limit, and past fishing behavior, the common
pool may achieve or exceed the GOM Cod Incidental Catch TAC in a very
short amount of time. Additionally, this may happen sooner if effort in
the Regular B DAS Program increases. Even at the current low level of
effort in the Regular B DAS Program, we may not be able to close the
program in time to prevent the common pool from exceeding the GOM Cod
Incidental Catch TAC, which would be detrimental to the fishery.
As a result, it is unlikely that we can effectively limit catch to
the GOM Cod Incidental Catch TAC during the remainder of fishing year
2019. We project that continuation of the Regular B DAS program would
undermine the achievement of the objectives of the Northeast
Multispecies FMP and the Regular B DAS Program. Effective December 16,
2019, the Regular B DAS Program is closed and use of Regular B DAS is
prohibited for the remainder of the 2019 fishing year, through April
30, 2020. This applies to all vessels issued
[[Page 68798]]
a limited access Northeast multispecies permit.
If a vessel declared its trip under a Regular B DAS through the
Vessel Monitoring System (VMS) or the interactive voice response
system, and crossed the VMS demarcation line prior to December 16,
2019, it may complete its trip.
Weekly quota monitoring reports for the Northeast Multispecies
fishery are on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. We will continue to monitor catch through vessel
trip reports, dealer-reported landings, VMS catch reports, and other
available information and, if necessary, we will make additional
adjustments to common pool management measures.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be impracticable and contrary to
the public interest.
The regulations authorize the Regional Administrator to close the
Regular B DAS Program when the continuation of the program would
undermine the achievement of the objectives of the Northeast
Multispecies Fishery Management Plan (FMP) or the Regular B DAS
Program. The public had prior notice and opportunity to comment on
these regulations and the potential for in-season closures. Updated
catch information only recently became available indicating that the
common pool fishery is projected to have caught 77 percent of the
Incidental Catch TAC for GOM cod as of October 12, 2019. This action
prevents or limits the overage of the Incidental Catch TAC for this
stock. A delay in effectiveness would provide vessel owners an
opportunity to continue to participate in the Regular B DAS Program,
but any additional participation and catch in the program could cause
the allocation to be exceeded. The time necessary to provide for prior
notice and comment, and a 30-day delay in effectiveness, would prevent
NMFS from implementing the Regular B DAS program closure in a timely
manner, contrary to the purpose of the regulations. This could
undermine conservation objectives of the Northeast Multispecies Fishery
Management Plan and Regular B DAS Program, and cause negative economic
impacts to the Northeast multispecies fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-27131 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-22-P
