80 FR 31884 - Fisheries Off West Coast States; Highly Migratory Species Fishery Management Plan; Revision to Prohibited Species Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range		31884-31885
FR Document		2015-13637

NMFS is proposing regulations under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to revise the prohibited species regulations so that each of the exceptions to the policy in the Fishery Management Plan are explicitly identified in the regulations. The specific exceptions will allow HMS fishermen to retain: (1) Salmon and Pacific halibut, if all of the necessary regulations for those respective fisheries are followed; and (2) basking, megamouth, and great white sharks, if they are sold or donated to a scientific or educational organization. This action is necessary to more accurately reflect the intent of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP).

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Proposed Rules]
[Pages 31884-31885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150112035-5035-01]
RIN 0648-BE80


Fisheries Off West Coast States; Highly Migratory Species Fishery 
Management Plan; Revision to Prohibited Species Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing regulations under the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) to revise the prohibited 
species regulations so that each of the exceptions to the policy in the 
Fishery Management Plan are explicitly identified in the regulations. 
The specific exceptions will allow HMS fishermen to retain: (1) Salmon 
and Pacific halibut, if all of the necessary regulations for those 
respective fisheries are followed; and (2) basking, megamouth, and 
great white sharks, if they are sold or donated to a scientific or 
educational organization. This action is necessary to more accurately 
reflect the intent of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP).

DATES: Comments must be received on or before June 19, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0006, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0006, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Taylor Debevec, NMFS West 
Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long 
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2015-0006'' in the 
comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. 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. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal eRulemaking Portal: 
http://www.regulations.gov, docket NOAA-NMFS-2015-0006 or contact the 
Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 
7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS, 562-980-4066.

SUPPLEMENTARY INFORMATION:

Background

    The HMS FMP was implemented in a final rule published on April 7, 
2004 (69 FR 18444). NMFS was recently informed of a discrepancy between 
the implementing regulations and the intent of the HMS FMP regarding 
the policy on prohibited species. The HMS FMP identifies several fish 
as ``prohibited species'' (salmon, Pacific halibut, basking shark, 
megamouth shark, and great white shark) that cannot be retained in HMS 
fisheries, with the following exceptions: (1) Any can be kept for 
examination by an authorized observer or to return tagged fish as 
specified by the tagging agency; (2) salmon and Pacific halibut can be 
kept provided all applicable state and Federal regulations are followed 
(e.g., gear, permits, season, fishing area); and (3) basking, 
megamouth, and great white sharks can be kept provided they are sold or 
donated to recognized scientific and educational organizations for 
research or display purposes. The implementing regulations, however, 
only identify the first exception above; the second and third are not 
included in the regulations. The prohibited species policy of the FMP 
was designed with the second and third exceptions to: Prevent salmon 
and Pacific halibut from being retained as incidental catch in HMS 
fisheries, and not preclude fishermen from legally participating in 
salmon and Pacific halibut fisheries (permits, closures, gears, etc.); 
and discourage targeting of the rare and low productivity sharks, and 
not waste them if caught.
    The current regulations refer to prohibited species in three 
sections of the Code of Federal Regulations (in title 50 part 660 
subpart K), which, collectively, do not convey the full prohibited 
species policy of the HMS FMP. The definition of ``prohibited species'' 
(Sec.  660.702) does not specify a list of prohibited species and is 
vague about the exceptions. The regulations on prohibitions (Sec.  
660.705(e)) describe the action that should be taken if a prohibited 
species is caught (i.e., return the fish to sea), but does not 
incorporate the exceptions. Finally, the regulations on general catch 
restrictions (Sec.  660.711(a)) identify the species that are 
prohibited in HMS fisheries. The lack of clarity and cohesion with the 
HMS FMP has prompted NMFS to modify the three sections of the 
regulations that govern prohibited species.

Proposed Regulations

    The proposed rule would codify at Sec.  660.705(e) the second and 
third exceptions in the prohibited species policy of the HMS FMP, as 
described above. The definition of ``Prohibited species'' at Sec.  
660.702 would be revised to remove the general description of what a 
prohibited species means, and instead simply set forth the species 
names; the prohibited species themselves would not change. As a result, 
the regulations at Sec.  660.711(a), which currently include the 
species names, would be redundant and, therefore, would be deleted. By 
correcting the language at Sec.  660.705(e) to explicitly identify all 
the exceptions and revising the definition of prohibited species, the 
regulations would be consistent with the HMS FMP.

Classification

    The NMFS West Coast Regional Administrator has preliminarily

[[Page 31885]]

determined that this proposed rule is consistent with the MSA and other 
applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule has been determined to be categorically excluded 
from the requirement to prepare an Environmental Assessment under the 
National Environmental Policy Act because the rule falls within the 
scope of alternatives addressed in the environmental impact statement 
(EIS) prepared for the HMS FMP in 2003. The EIS determined that the 
prohibited species policy would ensure that neither the sharks nor the 
strict management of Pacific halibut and salmon are compromised by HMS 
fisheries.
    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
the Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The rationale for the certification is as follows:
    This proposed rule, in accordance with the HMS FMP and the 
recommendation of the Pacific Fishery Management Council, will revise 
the prohibited species regulations so that the exceptions to the policy 
as outlined in the FMP are explicitly identified in the regulations. 
The specific exceptions will allow HMS fishermen to retain: (1) Salmon 
and Pacific halibut if all of the necessary regulations for those 
respective fisheries are followed, and (2) basking, megamouth, and 
great white sharks if they are sold or donated to a scientific or 
educational organization.
    The main entities to which this action would apply are fishermen 
that fish for albacore using surface hook-and-line gear, as they often 
have the opportunity to fish for salmon with the same gear and on the 
same trip. Typically, albacore are available off of the coast of Oregon 
and Washington around May or June, while the salmon season is also 
open. Though albacore is caught beyond 10 miles off the coast, 
fishermen sometimes stop to catch salmon when returning to port and 
generally inside of 5 miles from the coast.
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard for Finfish Fishing from $19.0 million to 
$20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and 
Other Marine Fishing from $7.0 million to $7.5 million. NMFS conducted 
its analysis for this action in light of the new size standards. On 
average, there are 28 commercial vessels, and 4 charter/recreational 
vessels per year that would be impacted by this rule. NMFS considers 
all entities subject to this action to be small entities as defined by 
the revised size standards.
    The clarification of these regulations will enable all fleets to 
operate their businesses as intended by the HMS FMP. This rule is 
expected to have a positive effect on income because HMS fishermen will 
be allowed to retain and sell salmon and halibut (provided the vessel 
is fishing under a salmon or halibut permit). This positive impact is 
expected to be modest, however, because not many fishermen actively 
participate across these fisheries, especially on the same trip. If 
this proposed rule were not finalized, fishermen would be more 
restricted than the HMS FMP intended; they would not be allowed to be 
in possession of, or land, species listed as prohibited while also 
possessing or landing HMS.
    Because each affected vessel is a small business, this proposed 
action is considered to equally affect all of these small entities in 
the same manner. Based on the disproportionality and profitability 
analysis above, the proposed action, if adopted, will not have adverse 
or disproportional economic impact on these small business entities.
    Because this rule would not have a significant economic impact on a 
substantial number of small entities, an Initial Regulatory Flexibility 
Analysis is not required, and one was not prepared for this proposed 
rule.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: May 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

0
2. In Sec.  660.702, revise the definition for ``Prohibited species'' 
to read as follows:


Sec.  660.702  Definitions.

* * * * *
    Prohibited species means any highly migratory species for which 
quotas or catch limits under the FMP have been achieved and the fishery 
closed; salmon; great white shark; basking shark; megamouth shark; and 
Pacific halibut.
* * * * *
0
3. In Sec.  660.705, revise paragraph (e) to read as follows:


Sec.  660.705  Prohibitions.

* * * * *
    (e) When fishing for HMS, fail to return a prohibited species to 
the sea immediately with a minimum of injury, except under the 
following circumstances:
    (1) Any prohibited species may be retained for examination by an 
authorized observer or to return tagged fish as specified by the 
tagging agency.
    (2) Salmon may be retained if harvested in accordance with subpart 
H of this part, and other applicable law.
    (3) Great white sharks, basking sharks, and megamouth sharks may be 
retained if incidentally caught and subsequently sold or donated to a 
recognized scientific or educational organization for research or 
display purposes.
    (4) Pacific halibut may be retained if harvested in accordance with 
part 300, subpart E of this title, and other applicable law.
* * * * *


Sec.  660.711  [Amended]

0
4. In Sec.  660.711, remove paragraph (a) and redesignate paragraphs 
(b) through (d) as (a) through (c).

[FR Doc. 2015-13637 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules 31885

determined that this proposed rule is The rule increased the size standard for PART 660—FISHERIES OFF WEST
consistent with the MSA and other Finfish Fishing from $19.0 million to COAST STATES
applicable laws. $20.5 million, Shellfish Fishing from
This proposed rule has been $5.0 million to $5.5 million, and Other ■ 1. The authority citation for part 660
determined to be not significant for Marine Fishing from $7.0 million to continues to read as follows:
purposes of Executive Order 12866. $7.5 million. NMFS conducted its
This proposed rule has been analysis for this action in light of the Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
determined to be categorically excluded new size standards. On average, there 773 et seq., and 16 U.S.C. 7001 et seq.
from the requirement to prepare an are 28 commercial vessels, and 4 ■ 2. In § 660.702, revise the definition
Environmental Assessment under the charter/recreational vessels per year that for ‘‘Prohibited species’’ to read as
National Environmental Policy Act would be impacted by this rule. NMFS follows:
because the rule falls within the scope considers all entities subject to this
of alternatives addressed in the action to be small entities as defined by § 660.702 Definitions.
environmental impact statement (EIS) the revised size standards. * * * * *
prepared for the HMS FMP in 2003. The The clarification of these regulations
EIS determined that the prohibited will enable all fleets to operate their Prohibited species means any highly
species policy would ensure that neither businesses as intended by the HMS migratory species for which quotas or
the sharks nor the strict management of FMP. This rule is expected to have a catch limits under the FMP have been
Pacific halibut and salmon are positive effect on income because HMS achieved and the fishery closed; salmon;
compromised by HMS fisheries. fishermen will be allowed to retain and great white shark; basking shark;
Pursuant to the Regulatory Flexibility sell salmon and halibut (provided the megamouth shark; and Pacific halibut.
Act (RFA), 5 U.S.C. 605(b), the Chief vessel is fishing under a salmon or * * * * *
Counsel for Regulation of the halibut permit). This positive impact is
Department of Commerce certified to ■ 3. In § 660.705, revise paragraph (e) to
expected to be modest, however,
the Chief Counsel for Advocacy of the because not many fishermen actively read as follows:
Small Business Administration that this participate across these fisheries, § 660.705 Prohibitions.
proposed rule, if adopted, would not especially on the same trip. If this
have a significant economic impact on proposed rule were not finalized, * * * * *
a substantial number of small entities. fishermen would be more restricted (e) When fishing for HMS, fail to
The rationale for the certification is as than the HMS FMP intended; they return a prohibited species to the sea
follows: would not be allowed to be in immediately with a minimum of injury,
This proposed rule, in accordance possession of, or land, species listed as except under the following
with the HMS FMP and the prohibited while also possessing or circumstances:
recommendation of the Pacific Fishery landing HMS.
Management Council, will revise the (1) Any prohibited species may be
Because each affected vessel is a small
prohibited species regulations so that retained for examination by an
business, this proposed action is
the exceptions to the policy as outlined authorized observer or to return tagged
considered to equally affect all of these
in the FMP are explicitly identified in small entities in the same manner. fish as specified by the tagging agency.
the regulations. The specific exceptions Based on the disproportionality and (2) Salmon may be retained if
will allow HMS fishermen to retain: (1) profitability analysis above, the harvested in accordance with subpart H
Salmon and Pacific halibut if all of the proposed action, if adopted, will not of this part, and other applicable law.
necessary regulations for those have adverse or disproportional
respective fisheries are followed, and (2) (3) Great white sharks, basking sharks,
economic impact on these small and megamouth sharks may be retained
basking, megamouth, and great white business entities.
sharks if they are sold or donated to a if incidentally caught and subsequently
Because this rule would not have a
scientific or educational organization. sold or donated to a recognized
significant economic impact on a
The main entities to which this action substantial number of small entities, an scientific or educational organization for
would apply are fishermen that fish for Initial Regulatory Flexibility Analysis is research or display purposes.
albacore using surface hook-and-line not required, and one was not prepared (4) Pacific halibut may be retained if
gear, as they often have the opportunity for this proposed rule. harvested in accordance with part 300,
to fish for salmon with the same gear subpart E of this title, and other
and on the same trip. Typically, List of Subjects in 50 CFR Part 660
applicable law.
albacore are available off of the coast of Administrative practice and
Oregon and Washington around May or * * * * *
procedure, Fish, Fisheries, Fishing,
June, while the salmon season is also Marine resources, Reporting and § 660.711 [Amended]
open. Though albacore is caught beyond recordkeeping requirements, Treaties.
10 miles off the coast, fishermen ■ 4. In § 660.711, remove paragraph (a)
Dated: May 29, 2015.
sometimes stop to catch salmon when and redesignate paragraphs (b) through
returning to port and generally inside of Samuel D. Rauch III,
(d) as (a) through (c).
5 miles from the coast. Deputy Assistant Administrator for
[FR Doc. 2015–13637 Filed 6–3–15; 8:45 am]
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

On June 12, 2014, the Small Business Regulatory Programs, National Marine
Fisheries Service. BILLING CODE 3510–22–P
Administration (SBA) issued an interim
final rule revising the small business For the reasons set out in the
size standards for several industries preamble, 50 CFR part 660 is proposed
effective July 14, 2014 (79 FR 33467). to be amended as follows:

VerDate Sep<11>2014 14:23 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 9990 E:\FR\FM\04JNP1.SGM 04JNP1

Document Created: 2015-12-15 15:24:18
Document Modified: 2015-12-15 15:24:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Comments must be received on or before June 19, 2015.
Contact		Taylor Debevec, NMFS, 562-980-4066.
FR Citation		80 FR 31884
RIN Number		0648-BE80
CFR Associated		Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

80 FR 31884 - Fisheries Off West Coast States; Highly Migratory Species Fishery Management Plan; Revision to Prohibited Species Regulations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration