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]

Download as PDF 68797 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]


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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.

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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