Federal Register - September 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules
Society 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 Society must apply for and obtain a modification of the LOA as described in 217.207.
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 30 days of a determination.
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217.57 Renewals and modifications of Letters of Authorization.
a An LOA issued under 216.106
of this chapter and 217.206 for the activity identified in 217.200a 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 c1 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 c1 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 217.206 for the activity identified in 217.200a may be modified by NMFS under the following circumstances:
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1 Adaptive management. NMFS may modify including augment the existing mitigation, monitoring, or reporting measures after consulting with the Society regarding the 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 Societys monitoring from the previous years.
B Results from other marine mammal and/or sound or disturbance 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 217.206, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action.
217.58217.59
Reserved
FR Doc. 202119124 Filed 9721; 8:45 am BILLING CODE 351022P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
RIN 0648BK68
Fisheries of the Northeastern United States; Amendment 21 to the Atlantic Sea Scallop Fishery Management Plan National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Announcement of availability of amendment; request for comments.
AGENCY:
NMFS announces that the New England Fishery Management Council has submitted Amendment 21
SUMMARY:
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to the Atlantic Sea Scallop Fishery Management Plan, incorporating the Environmental Assessment and the Regulatory Flexibility Analysis, for review by the Secretary of Commerce, and is requesting comments from the public. This action would allow for more controlled access to the scallop resource by the limited access and limited access general category fleets and increase monitoring to support a growing directed scallop fishery in Federal waters, including the Northern Gulf of Maine Management Area. These proposed management measures are intended to promote conservation of the scallop resource in the Northern Gulf of Maine Management Area and to manage total removals from the area by all fishery components. Amendment 21
would also expand flexibility in the limited access general category individual fishing quota fishery to reduce impacts of potential decreases in ex-vessel price and increases in operating costs.
DATES: Comments must be received on or before November 8, 2021.
ADDRESSES: The Council has prepared a draft Environmental Assessment EA
for this action that describes the proposed measures in Amendment 21 to the Atlantic Sea Scallop Fishery Management Plan FMP and other considered alternatives and analyzes the impacts of the proposed measures and alternatives. The Council submitted a draft of the amendment to NMFS that includes the draft EA, a description of the Councils preferred alternatives, the Councils rationale for selecting each alternative, and a Regulatory Impact Review RIR. Copies of supporting documents used by the Council, including the EA and RIR, are available from: Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950 and accessible via the internet in documents available at: https www.nefmc.org/library/
amendment-21.
You may submit comments, identified by NOAANMFS20210065, by:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA
NMFS20210065 in the Search box.
Click the Comment icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method 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
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