Fisheries of the Exclusive Economic Zone off Alaska; Scallop Specification Process Flexibility, 75535-75536 [2023-24309]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules 25. Confidential and/or Otherwise Protected Materials. To the extent any party to this proceeding wishes to submit materials or information that it would like withheld from the public record, it may do so in accordance with the procedures set forth in § 1.314 of the Commission’s rules. The parties may also enter into a Protective Order. As stated above, requests for a Protective Order should be made in the parties’ pre-conference submission in accordance with the schedule set forth in the Initial Case Order. 26. Initial Decision. The presiding officer shall issue an Initial Decision on the issues set forth herein, as well as any other issues designated for hearing in the course of the proceeding. This Initial Decision shall contain, at a minimum, findings of fact and conclusions of law, as well as the reasons or basis therefor, and the appropriate rule or order or policy and the sanction, relief or denial thereof, as appropriate. 27. Accordingly, it is ordered that the Petition for De Novo Review, filed on September 14, 2023, by Mongoose, is granted. 28. it is further ordered that, pursuant to the RPC Appeals Procedures Public Notice, this matter, as described above, is designated for hearing before an Administrative Law Judge, at a time and place to be specified in a subsequent order, on the following issues: a. To determine whether the Bureau erred in determining that Mongoose had not met its burden of proof to demonstrate that the RPC erred in its classification of, and reimbursement for, the two antennas at issue; b. To determine whether the Bureau erred in separately determining that the RPC properly classified the two antennas at issue based on Commission guidance; and c. To determine whether the reimbursed amount of $33,994 for the two antennas at issue should be adjusted to restore the disallowed amount of $69,686. 29. it is further ordered that the burden of proceeding with the introduction of evidence and the burden of proof with respect to all issues specified herein SHALL BE UPON Mongoose. 30. it is further ordered, that Mongoose Works, Ltd. (Mongoose) is made a party to the proceeding pursuant to § 1.221(d) of the Commission’s rules, 47 CFR 1.221(d). To avail itself of the opportunity to be heard, pursuant to § 1.221(e) of the Commission’s rules, Mongoose, in person or by its attorneys, shall file a written appearance, stating its intention to appear on the date fixed VerDate Sep<11>2014 16:47 Nov 02, 2023 Jkt 262001 for the hearing and present evidence on the issues specified in this Hearing Designation Order. Such written appearance shall be filed within twenty (20) days of the mailing of this Order pursuant to Paragraph 32 below. If Mongoose fails to file an appearance within the time specified, it shall, unless good cause for such failure is shown, forfeit its hearing rights. 31. it is further ordered that the Chief, Enforcement Bureau, SHALL BE MADE A PARTY to this proceeding without the need to file a written appearance. 32. it is further ordered that a copy of this Hearing Designation Order shall be sent, via Certified Mail—Return Receipt Requested to: Mongoose Works, Ltd., c/ o Mark Derbyshire, 4950 S El Camino Dr, Cherry Hills Village, CO 80111. 33. it is further ordered that a copy of each document filed in this proceeding subsequent to the date of adoption of this Hearing Designation Order shall be served on the counsel of record appearing on behalf of the Chief, Enforcement Bureau. Parties may inquire as to the identity of such counsel by calling the Investigations & Hearings Division of the Enforcement Bureau at (202) 418–1420. Electronic service on counsel of record for the Enforcement Bureau shall be made using the following email address: EBHearings@fcc.gov. 34. it is further ordered that this Hearing Designation Order or a summary thereof SHALL BE PUBLISHED at the earliest practicable date in the Federal Register. Federal Communications Commission. Amy Brett, Acting Chief of Staff, Wireless Telecommunications Bureau. [FR Doc. 2023–23788 Filed 11–2–23; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [RTID 0648–XD197] Fisheries of the Exclusive Economic Zone off Alaska; Scallop Specification Process Flexibility National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendment; request for comments. AGENCY: PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 75535 The North Pacific Fishery Management Council (Council) submitted Amendment 18 to the Fishery Management Plan (FMP) for the Scallop Fishery off Alaska (Scallop FMP) to the Secretary of Commerce for review. If approved, Amendment 18 would revise timing requirements for Stock Assessment and Fishery Evaluation (SAFE) reports to allow more flexibility for non-annual assessments and to set scallop harvest specifications less frequently than on an annual basis. This would reduce the burden on staff and provide more time for the development of new stock assessment methods. Amendment 18 is intended to promote the goals and objectives of the Magnuson–Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Scallop FMP, and other applicable laws. DATES: Comments must be received no later than January 2, 2024. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0094, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0094 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. 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 will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Electronic copies of proposed Amendment 18 and the draft Analysis prepared for this action may be obtained from https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907–586–7228. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each regional fishery management SUMMARY: E:\FR\FM\03NOP1.SGM 03NOP1 75536 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 council submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce (Secretary). The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Council has submitted Amendment 18 to the Secretary for review. This document announces that proposed Amendment 18 is available for public review and comment. The scallop fishery in the exclusive economic zone off Alaska under the Scallop FMP is jointly managed by NMFS and the State of Alaska. The Council prepared the FMP under the authority of the 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. The Scallop FMP delegates many management aspects of the scallop fishery to the State of Alaska but maintains Federal oversight. This authority is limited by the MagnusonStevens Act and the FMP. While the FMP includes scallop stocks off the coast of Alaska, including weathervane scallop (Patinopecten caurinus), reddish scallop (Chlamys rubida), spiny scallop (Chlamys hastata), and rock scallop (Crassadoma gigantea), the weathervane scallop is the only commercially targeted stock at this time. Commercial fishing for weathervane scallops occurs in the Gulf of Alaska, Bering Sea, and waters off the Aleutian Islands. There is currently no formal stock assessment model for the scallop fishery. Instead, the State sets guideline harvest levels VerDate Sep<11>2014 16:47 Nov 02, 2023 Jkt 262001 (GHLs) informed by data collected through the scallop fishery observer program and fishery-independent scallop dredge surveys. Standardized catch per unit effort (CPUE) indices are estimated to account for depth, month, vessel, bed, and season variations. Previously, the overfishing level (OFL) and acceptable biological catch (ABC) have been set based on the definition of optimal yield (OY). More recently, OFL and ABC have been based on the OY re-defined in 2012 (Amendment 13), when OY was redefined as 0 to 1.29 million pounds (lb) (585 tons (t)) of shucked scallop meats to include estimated discards over the reference time frame. Annual specifications have been defined as: max OFL = OY, and ABC = 90 percent of OFL. Alaska scallop harvests have not exceeded OY in any year since it was first established. In the absence of stock-size estimates, the status of the scallop stock relative to its overfished state is unknown. Consistent with assessments since the 2011/12 season, the 2022/23 OFL is set equal to the OY (1.284 million lb.; 582 t) as defined in the Scallop FMP and the 2022/23 ABC is set equal to the maximum ABC control rule value (90 percent of OFL or 1.156 million lb.; 524 t). Estimated total fishing removals (retained and discarded) for the 2021/22 and 2022/23 seasons were 311,978 lb (141.5 t) and 345,690 lb (156.8 t) of shucked meats, respectively (table 1). These estimates are less than 30 percent of the ABC/annual catch limit (ACL) and OFL; therefore, overfishing did not occur in 2021/22 or 2022/23. Currently, the Scallop FMP requires the SAFE report to be created on an annual basis. The proposed PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 management measure in Amendment 18 would amend the FMP to allow flexibility for non-annual assessments. This would remove prescriptive language dictating that SAFE reports are produced on an annual basis. Amendment 18 would give the Council flexibility in modifying the assessment cycle with the potential to set multi-year specifications, based on a period of no more than 3 years, that best suit the needs of the stock. If a formal stock assessment model is developed, or there is a decrease in estimated stock abundance, the Council could request that the development of the SAFE report revert to being reviewed annually. NMFS is soliciting public comments on proposed Amendment 18 through the end of the comment period (see DATES). All relevant written comments received by the end of the applicable comment period will be considered by NMFS in the approval/partial approval/ disapproval decision for Amendment 18 and addressed in the response to comments in the final decision. Comments received after the end of the applicable comment period will not be considered in the approval/disapproval decision on Amendment 18. To be considered, comments must be received, not just postmarked or otherwise transmitted, by the last day of the comment period (see DATES). Authority: 16 U.S.C. 1801 et seq. Dated: October 31, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–24309 Filed 11–2–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\03NOP1.SGM 03NOP1

Agencies

[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Proposed Rules]
[Pages 75535-75536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24309]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[RTID 0648-XD197]


Fisheries of the Exclusive Economic Zone off Alaska; Scallop 
Specification Process Flexibility

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: The North Pacific Fishery Management Council (Council) 
submitted Amendment 18 to the Fishery Management Plan (FMP) for the 
Scallop Fishery off Alaska (Scallop FMP) to the Secretary of Commerce 
for review. If approved, Amendment 18 would revise timing requirements 
for Stock Assessment and Fishery Evaluation (SAFE) reports to allow 
more flexibility for non-annual assessments and to set scallop harvest 
specifications less frequently than on an annual basis. This would 
reduce the burden on staff and provide more time for the development of 
new stock assessment methods. Amendment 18 is intended to promote the 
goals and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the Scallop FMP, and other 
applicable laws.

DATES: Comments must be received no later than January 2, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0094, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0094 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Gretchen Harrington, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 
21668, Juneau, AK 99802-1668.
    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 will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of proposed Amendment 18 and the draft Analysis 
prepared for this action may be obtained from https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management

[[Page 75536]]

council submit any FMP amendment it prepares to NMFS for review and 
approval, disapproval, or partial approval by the Secretary of Commerce 
(Secretary). The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP amendment, immediately publish a notice in the Federal 
Register announcing that the amendment is available for public review 
and comment. The Council has submitted Amendment 18 to the Secretary 
for review. This document announces that proposed Amendment 18 is 
available for public review and comment.
    The scallop fishery in the exclusive economic zone off Alaska under 
the Scallop FMP is jointly managed by NMFS and the State of Alaska. The 
Council prepared the FMP under the authority of the 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.
    The Scallop FMP delegates many management aspects of the scallop 
fishery to the State of Alaska but maintains Federal oversight. This 
authority is limited by the Magnuson-Stevens Act and the FMP. While the 
FMP includes scallop stocks off the coast of Alaska, including 
weathervane scallop (Patinopecten caurinus), reddish scallop (Chlamys 
rubida), spiny scallop (Chlamys hastata), and rock scallop (Crassadoma 
gigantea), the weathervane scallop is the only commercially targeted 
stock at this time. Commercial fishing for weathervane scallops occurs 
in the Gulf of Alaska, Bering Sea, and waters off the Aleutian Islands. 
There is currently no formal stock assessment model for the scallop 
fishery. Instead, the State sets guideline harvest levels (GHLs) 
informed by data collected through the scallop fishery observer program 
and fishery-independent scallop dredge surveys. Standardized catch per 
unit effort (CPUE) indices are estimated to account for depth, month, 
vessel, bed, and season variations.
    Previously, the overfishing level (OFL) and acceptable biological 
catch (ABC) have been set based on the definition of optimal yield 
(OY). More recently, OFL and ABC have been based on the OY re-defined 
in 2012 (Amendment 13), when OY was re-defined as 0 to 1.29 million 
pounds (lb) (585 tons (t)) of shucked scallop meats to include 
estimated discards over the reference time frame. Annual specifications 
have been defined as: max OFL = OY, and ABC = 90 percent of OFL. Alaska 
scallop harvests have not exceeded OY in any year since it was first 
established.
    In the absence of stock-size estimates, the status of the scallop 
stock relative to its overfished state is unknown. Consistent with 
assessments since the 2011/12 season, the 2022/23 OFL is set equal to 
the OY (1.284 million lb.; 582 t) as defined in the Scallop FMP and the 
2022/23 ABC is set equal to the maximum ABC control rule value (90 
percent of OFL or 1.156 million lb.; 524 t). Estimated total fishing 
removals (retained and discarded) for the 2021/22 and 2022/23 seasons 
were 311,978 lb (141.5 t) and 345,690 lb (156.8 t) of shucked meats, 
respectively (table 1). These estimates are less than 30 percent of the 
ABC/annual catch limit (ACL) and OFL; therefore, overfishing did not 
occur in 2021/22 or 2022/23.
    Currently, the Scallop FMP requires the SAFE report to be created 
on an annual basis. The proposed management measure in Amendment 18 
would amend the FMP to allow flexibility for non-annual assessments. 
This would remove prescriptive language dictating that SAFE reports are 
produced on an annual basis. Amendment 18 would give the Council 
flexibility in modifying the assessment cycle with the potential to set 
multi-year specifications, based on a period of no more than 3 years, 
that best suit the needs of the stock. If a formal stock assessment 
model is developed, or there is a decrease in estimated stock 
abundance, the Council could request that the development of the SAFE 
report revert to being reviewed annually.
    NMFS is soliciting public comments on proposed Amendment 18 through 
the end of the comment period (see DATES). All relevant written 
comments received by the end of the applicable comment period will be 
considered by NMFS in the approval/partial approval/disapproval 
decision for Amendment 18 and addressed in the response to comments in 
the final decision. Comments received after the end of the applicable 
comment period will not be considered in the approval/disapproval 
decision on Amendment 18. To be considered, comments must be received, 
not just postmarked or otherwise transmitted, by the last day of the 
comment period (see DATES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 31, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-24309 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-22-P
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