Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; 2020 Closure of the Northern Gulf of Maine Scallop Management Area to the Limited Access General Category Fishery, 31706-31707 [2020-11361]
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Rules and Regulations
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Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020–10167 Filed 5–26–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200325–0088; RTID 0648–
XX056]
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
2020 Closure of the Northern Gulf of
Maine Scallop Management Area to the
Limited Access General Category
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces the closure
of the Northern Gulf of Maine Scallop
Management Area for the remainder of
the 2020 fishing year for Limited Access
General Category vessels. Regulations
require this action once NMFS projects
that 100 percent of the Limited Access
General Category total allowable catch
for the Northern Gulf of Maine Scallop
Management Area will be harvested.
This action is intended to prevent the
overharvest of the 2020 total allowable
catch allocated to the Limited Access
General Category Fishery.
DATES: Effective 0001 hr local time, May
23, 2020, through March 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION: The reader
can find regulations governing fishing
activity in the Northern Gulf of Maine
(NGOM) Scallop Management Area in
50 CFR 648.54 and 648.62. These
regulations authorize vessels issued a
valid Federal scallop permit to fish in
the NGOM Scallop Management Area
under specific conditions, including a
total allowable catch (TAC) of 206,282
lb (93,567 kg) for the Limited Access
General Category (LAGC) fleet for the
2020 fishing year, and a State Waters
Exemption Program for the State of
Maine and Commonwealth of
Massachusetts. Section 648.62(b)(2)
requires the NGOM Scallop
Management Area to be closed to
scallop vessels issued Federal LAGC
scallop permits, except as provided
below, for the remainder of the fishing
year once the NMFS Greater Atlantic
Regional Administrator determines that
100 percent of the LAGC TAC for the
fishing year is projected to be harvested.
Any vessel that holds a Federal NGOM
(LAGC B) or Individual Fishing Quota
SUMMARY:
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(IFQ) (LAGC A) permit may continue to
fish in the Maine or Massachusetts state
waters portion of the NGOM Scallop
Management Area under the State
Waters Exemption Program found in
§ 648.54 provided it has a valid Maine
or Massachusetts state scallop permit
and fishes only in that state’s respective
waters.
Based on trip declarations by
federally permitted LAGC scallop
vessels fishing in the NGOM Scallop
Management Area and analysis of
fishing effort, we project that the 2020
LAGC TAC will be harvested as of May
23, 2020. Therefore, in accordance with
§ 648.62(b)(2), the NGOM Scallop
Management Area is closed to all
federally permitted LAGC scallop
vessels as of May 23, 2020. As of this
date, no vessel issued a Federal LAGC
scallop permit may fish for, possess, or
land scallops in or from the NGOM
Scallop Management Area after 0001
local time, May 23, 2020, unless the
vessel is fishing exclusively in state
waters and is participating in an
approved state waters exemption
program as specified in § 648.54. Any
federally permitted LAGC scallop vessel
that has declared into the NGOM
Scallop Management Area, complied
with all trip notification and observer
requirements, and crossed the vessel
monitoring system demarcation line on
the way to the area before 0001, May 23,
2020, may complete its trip and land
scallops. This closure is in effect until
the end of the 2020 scallop fishing year,
through March 31, 2021. This closure
does not apply to the Limited Access
(LA) scallop fleet, which was allocated
a separate TAC of 140,000 lb (63,503 kg)
for the 2020 fishing year under
Framework Adjustment 32 to the
Atlantic Sea Scallop Fishery
Management Plan. Vessels that are
participating in the 2020 scallop
Research Set-Aside Program and have
been issued letters of authorization to
conduct compensation fishing activities
will harvest the 2020 LA TAC.
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) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest and
impracticable. NMFS also finds,
pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30-day delayed
effectiveness period for the reasons
noted below. The NGOM Scallop
Management Area opened for the 2020
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Rules and Regulations
fishing year on April 1, 2020. The
regulations at § 648.60(b)(2) require this
closure to ensure that federally
permitted scallop vessels do not harvest
more than the allocated LAGC TAC for
the NGOM Scallop Management Area.
NMFS can only make projections for the
NGOM closure date as trips into the area
occur on a real-time basis and as activity
trends appear. As a result, NMFS can
typically make an accurate projection
only shortly before the TAC is
harvested. A rapid harvest rate that has
occurred in the last 2 weeks makes it
more difficult to project a closure well
in advance. To allow federally
permitted LAGC scallop vessels to
continue taking trips in the NGOM
Scallop Management Area during the
period necessary to publish and receive
comments on a proposed rule would
result in vessels harvesting more than
the 2020 LAGC TAC for the NGOM
Scallop Management Area. This would
result in excessive fishing effort in the
area thereby undermining conservation
objectives of the Atlantic Sea Scallop
Fishery Management Plan and requiring
more restrictive future management
measures to make up for the excessive
harvest. Also, the public had prior
notice and full opportunity to comment
on this closure process when we put the
final NGOM management provisions in
place for the 2020 fishing year on March
31, 2020 (85 FR 17754).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 21, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–11361 Filed 5–22–20; 8:45 am]
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DEPARTMENT OF COMMERCE
50 CFR Part 660
[Docket No. 200505–0127; RTID 0648–
XW028]
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial Salmon Fisheries;
Inseason Action #6
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2020
management measures.
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NMFS announces one
inseason action in the 2020 ocean
SUMMARY:
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Background
In the 2020 annual management
measures for ocean salmon fisheries (85
FR 27317, May 8, 2020), NMFS
announced management measures for
the commercial and recreational
fisheries in the area from Cape Falcon,
OR, to the U.S./Mexico border, effective
from 0001 hours Pacific Daylight Time
(PDT), May 6, 2020, until the effective
date of the 2021 management measures,
as published in the Federal Register.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
to provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Pacific Fishery
Management Council (Council) and the
appropriate State Directors (50 CFR
660.409(b)—Flexible inseason
management provisions). The state
management agencies that participated
in the consultation described in this
document were: The Washington
Department of Fish and Wildlife
(WDFW) and the Oregon Department of
Fish and Wildlife (ODFW).
Inseason Action
National Oceanic and Atmospheric
Administration
AGENCY:
salmon fisheries. This inseason action
modified the commercial salmon fishery
in the area from the U.S./Canada border
to Leadbetter Point, WA.
DATES: This inseason action became
applicable on 0001 hours Pacific
Daylight Time, May 6, 2020, and
remains in effect until superseded or
modified.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
Inseason Action #6
Description of the action: Inseason
action #6 made modifications to the
landing restrictions for the commercial
salmon fishery in the area from the U.S./
Canada border to Leadbetter Point, WA.
Prior to this action, vessels fishing or in
possession of salmon north of
Leadbetter Point could not land fish east
of the Sekiu River, WA. Under this
inseason action, fish cannot be landed
east of Port Angeles, WA (approximately
50 miles, or 80 km, east of the Sekiu
River). Additionally, for delivery to
Washington ports east of the Sekiu
River, vessels must notify WDFW at
360–249–1215 prior to crossing the
Bonilla-Tatoosh line (Washington
Administrative Code 220–300–360) with
the area fished, total number of
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Chinook, coho, and halibut catch
aboard, and the vessel’s destination and
approximate time of delivery.
Effective dates: Inseason action #6
took effect on May 6, 2020, and remains
in effect until modified by further
inseason action.
Reason and authorization for the
action: The commercial salmon fishery
north of Leadbetter Point, WA,
traditionally lands their catch at Neah
Bay, WA, or La Push, WA. Currently,
those ports, which are located on the
reservations of the Makah Tribe and
Quileute Nation, respectively, are closed
to public access out of public health and
safety concerns. The purpose of
inseason action #6 was to provide the
commercial salmon fishery access to
open ports to land and deliver their
catch north of Leadbetter Point. The
addition of a telephone reporting
provision is to monitor catch in the area
in order to manage fishery impacts,
consistent with preseason planning, on
Puget Sound Chinook salmon, which
are listed as threatened under the
Endangered Species Act. The NMFS
West Coast Regional Administrator (RA)
considered public health and safety
concerns, port access issues, and the
need to monitor landings in the area,
and determined that this inseason
action was necessary to meet
management and conservation
objectives while accommodating public
health and safety concerns. Inseason
modification of landing boundaries is
authorized by 50 CFR 660.409(b)(1)(v).
Consultation date and participants:
Consultation on inseason action #6
occurred on May 5, 2020.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
All other restrictions and regulations
remain in effect as announced for the
2020 ocean salmon fisheries (85 FR
27317, May 8, 2020).
The RA determined that the above
inseason action recommended by the
state of Washington was warranted and
based on the best available information,
as presented by WDFW, and supported
concerns regarding public health and
safety, access to ports, and monitoring
fishery impacts, as described above. The
states manage the fisheries in state
waters adjacent to the areas of the U.S.
exclusive economic zone consistent
with these Federal actions. As provided
by the inseason notice procedures of 50
CFR 660.411, actual notice of the
described regulatory action was given,
prior to the time the action was
effective, by telephone hotline numbers
206–526–6667 and 800–662–9825, and
by U.S. Coast Guard Notice to Mariners
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Agencies
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31706-31707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11361]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200325-0088; RTID 0648-XX056]
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; 2020 Closure of the Northern Gulf of Maine Scallop Management
Area to the Limited Access General Category Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of the Northern Gulf of Maine
Scallop Management Area for the remainder of the 2020 fishing year for
Limited Access General Category vessels. Regulations require this
action once NMFS projects that 100 percent of the Limited Access
General Category total allowable catch for the Northern Gulf of Maine
Scallop Management Area will be harvested. This action is intended to
prevent the overharvest of the 2020 total allowable catch allocated to
the Limited Access General Category Fishery.
DATES: Effective 0001 hr local time, May 23, 2020, through March 31,
2021.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management
Specialist, (978) 282-8456.
SUPPLEMENTARY INFORMATION: The reader can find regulations governing
fishing activity in the Northern Gulf of Maine (NGOM) Scallop
Management Area in 50 CFR 648.54 and 648.62. These regulations
authorize vessels issued a valid Federal scallop permit to fish in the
NGOM Scallop Management Area under specific conditions, including a
total allowable catch (TAC) of 206,282 lb (93,567 kg) for the Limited
Access General Category (LAGC) fleet for the 2020 fishing year, and a
State Waters Exemption Program for the State of Maine and Commonwealth
of Massachusetts. Section 648.62(b)(2) requires the NGOM Scallop
Management Area to be closed to scallop vessels issued Federal LAGC
scallop permits, except as provided below, for the remainder of the
fishing year once the NMFS Greater Atlantic Regional Administrator
determines that 100 percent of the LAGC TAC for the fishing year is
projected to be harvested. Any vessel that holds a Federal NGOM (LAGC
B) or Individual Fishing Quota (IFQ) (LAGC A) permit may continue to
fish in the Maine or Massachusetts state waters portion of the NGOM
Scallop Management Area under the State Waters Exemption Program found
in Sec. 648.54 provided it has a valid Maine or Massachusetts state
scallop permit and fishes only in that state's respective waters.
Based on trip declarations by federally permitted LAGC scallop
vessels fishing in the NGOM Scallop Management Area and analysis of
fishing effort, we project that the 2020 LAGC TAC will be harvested as
of May 23, 2020. Therefore, in accordance with Sec. 648.62(b)(2), the
NGOM Scallop Management Area is closed to all federally permitted LAGC
scallop vessels as of May 23, 2020. As of this date, no vessel issued a
Federal LAGC scallop permit may fish for, possess, or land scallops in
or from the NGOM Scallop Management Area after 0001 local time, May 23,
2020, unless the vessel is fishing exclusively in state waters and is
participating in an approved state waters exemption program as
specified in Sec. 648.54. Any federally permitted LAGC scallop vessel
that has declared into the NGOM Scallop Management Area, complied with
all trip notification and observer requirements, and crossed the vessel
monitoring system demarcation line on the way to the area before 0001,
May 23, 2020, may complete its trip and land scallops. This closure is
in effect until the end of the 2020 scallop fishing year, through March
31, 2021. This closure does not apply to the Limited Access (LA)
scallop fleet, which was allocated a separate TAC of 140,000 lb (63,503
kg) for the 2020 fishing year under Framework Adjustment 32 to the
Atlantic Sea Scallop Fishery Management Plan. Vessels that are
participating in the 2020 scallop Research Set-Aside Program and have
been issued letters of authorization to conduct compensation fishing
activities will harvest the 2020 LA TAC.
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) to waive prior notice and the
opportunity for public comment because it would be contrary to the
public interest and impracticable. NMFS also finds, pursuant to 5
U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness
period for the reasons noted below. The NGOM Scallop Management Area
opened for the 2020
[[Page 31707]]
fishing year on April 1, 2020. The regulations at Sec. 648.60(b)(2)
require this closure to ensure that federally permitted scallop vessels
do not harvest more than the allocated LAGC TAC for the NGOM Scallop
Management Area. NMFS can only make projections for the NGOM closure
date as trips into the area occur on a real-time basis and as activity
trends appear. As a result, NMFS can typically make an accurate
projection only shortly before the TAC is harvested. A rapid harvest
rate that has occurred in the last 2 weeks makes it more difficult to
project a closure well in advance. To allow federally permitted LAGC
scallop vessels to continue taking trips in the NGOM Scallop Management
Area during the period necessary to publish and receive comments on a
proposed rule would result in vessels harvesting more than the 2020
LAGC TAC for the NGOM Scallop Management Area. This would result in
excessive fishing effort in the area thereby undermining conservation
objectives of the Atlantic Sea Scallop Fishery Management Plan and
requiring more restrictive future management measures to make up for
the excessive harvest. Also, the public had prior notice and full
opportunity to comment on this closure process when we put the final
NGOM management provisions in place for the 2020 fishing year on March
31, 2020 (85 FR 17754).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 21, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-11361 Filed 5-22-20; 8:45 am]
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