82 FR 14850 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017 Tribal Fishery for Pacific Whiting
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 55 (March 23, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 55 (March 23, 2017)
| Page Range | 14850-14853 | |
| FR Document | 2017-05758 |
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)] [Proposed Rules] [Pages 14850-14853] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05758] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 161128999-7248-01] RIN 0648-BG47 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017 Tribal Fishery for Pacific Whiting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS issues this proposed rule for the 2017 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006, as amended. This proposed rule would allocate 17.5 percent of the U.S. Total Allowable Catch (TAC) of Pacific whiting for 2017 to Pacific Coast Indian tribes that have a treaty right to harvest groundfish. DATES: Comments on this proposed rule must be received no later than April 24, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0005, by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0005, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: Miako Ushio. 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 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.), 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). FOR FURTHER INFORMATION CONTACT: Miako Ushio, phone: 206-526-4644, and email: [email protected]. SUPPLEMENTARY INFORMATION: Electronic Access This proposed rule is accessible via the Internet at the Office of the Federal Register Web site at https://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html and at the Pacific Fishery Management Council's Web site at http://www.pcouncil.org/. Background The regulations at 50 CFR 660.50(d) address the implementation of the treaty rights that Pacific Coast treaty Indian tribes have to harvest groundfish in their usual and accustomed fishing areas in U.S. waters. Section 660.50(d) provides that an allocation or regulation specific to the tribes shall be initiated by a written request from a Pacific Coast treaty Indian tribe with treaty fishing rights in the area covered by the FMP at the beginning of the biennial harvest specifications and management measures process. The Secretary will develop tribal allocations and regulations in consultation with the affected tribe(s) and, insofar as possible, with tribal consensus. The procedures that NMFS employs in implementing tribal treaty rights under the FMP were designed to provide a framework process by which NMFS can accommodate tribal treaty rights by setting aside appropriate amounts of fish in conjunction with the Pacific Fishery Management Council process for determining harvest specifications and management measures. Since the FMP has been in place, NMFS has been allocating a portion of the U.S. TAC (called Optimum Yield (OY) or Annual Catch Limit (ACL) prior to 2012) of Pacific whiting to the tribal fishery, following the process established in 50 CFR 660.50(d). The tribal allocation is subtracted from the U.S. Pacific whiting TAC before allocation to the non-tribal sectors. There are four tribes that can participate in the tribal Pacific whiting fishery: The Hoh Tribe, the Makah Tribe, the Quileute Tribe and the Quinault Indian Nation (collectively, the ``Treaty Tribes''). The Hoh Tribe has not expressed an interest in participating to date. The Quileute Tribe and Quinault Indian Nation have expressed interest in commencing participation in the Pacific whiting fishery. However, to date, only the Makah Tribe has prosecuted a tribal fishery for Pacific whiting, having harvested Pacific whiting since 1996 using midwater trawl gear. Tribal allocations have been based on discussions with the Tribes regarding their intent for those fishing years. Table 1 below provides a history of U.S. TACs and annual tribal allocation in metric tons (mt). Table 1--U.S. Total Allowable Catch (TAC) and Annual Tribal Allocation in Metric Tons (mt) ------------------------------------------------------------------------ Tribal Year U.S. TAC allocation \1\ (mt) (mt) ------------------------------------------------------------------------ 2007.......................................... 242,591 35,000 2008.......................................... 269,545 35,000 2009.......................................... 135,939 50,000 2010.......................................... 193,935 49,939 2011.......................................... 290,903 66,908 2012.......................................... 186,037 48,556 2013.......................................... 269,745 63,205 2014.......................................... 316,206 55,336 2015.......................................... 325,072 56,888 [[Page 14851]] 2016.......................................... 367,553 64,322 ------------------------------------------------------------------------ \1\ Beginning in 2012, the United States started using the term Total Allowable Catch, or TAC, based on the Agreement between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting. Prior to 2012, the terms Optimal Yield (OY) and Annual Catch Limit (ACL) were used. In 2009, NMFS, the states of Washington and Oregon, and the Treaty Tribes started a process to determine the long-term tribal allocation for Pacific whiting; however, no long-term allocation has been determined. In order to ensure Treaty Tribes continue to receive allocations, this rule proposes the 2017 tribal allocation of Pacific whiting. This interim allocation is not intended to set precedent for future allocations. Tribal Allocation for 2017 In exchanges between NMFS and the Treaty Tribes during January 2017, the Makah Tribe indicated their intent to participate in the tribal Pacific whiting fishery in 2017, and requested 17.5 percent of the U.S. TAC. The Quileute Tribe and the Quinault Indian Nation indicated that they are not planning to participate in 2017. NMFS proposes a tribal allocation that accommodates the Makah request, specifically 17.5 percent of the U.S. TAC. NMFS believes that the current scientific information regarding the distribution and abundance of the coastal Pacific whiting stock suggests that the 17.5 percent is within the range of the tribal treaty right to Pacific whiting. The Joint Management Committee, which was established pursuant to the Agreement between the Government of the United States of America and the Government of Canada on Pacific Hake/Whiting (the Agreement), is anticipated to recommend the coastwide and corresponding U.S./Canada TACs no later than March 25, 2017. The U.S. TAC is 73.88 percent of the coastwide TAC. Until this TAC is set, NMFS cannot propose a specific amount for the tribal allocation. The Pacific whiting fishery typically begins in May, and the final rule establishing the Pacific whiting specifications for 2017 is anticipated to be published by early May. Therefore, in order to provide for public input on the tribal allocation, NMFS is issuing this proposed rule without the final 2017 TAC. However, to provide a basis for public input, NMFS is describing a range of potential tribal allocations in this proposed rule, applying the proposed approach for determining the tribal allocation to a range of potential TACs derived from past harvest levels. In order to project a range of potential tribal allocations for 2017, NMFS is applying its proposed approach for determining the tribal allocation to the range of U.S. TACs over the last 10 years, 2007 through 2016 (plus or minus 25 percent to capture variability in stock abundance). The range of U.S. TACs in that time period was 135,939 mt (2009) to 367,553 mt (2016). Applying the 25 percent variability results in a range of potential TACs of 101,954 mt to 459,441 mt for 2017. Therefore, using the proposed allocation rate of 17.5 percent, the potential range of the tribal allocation for 2017 would between 17,842 and 80,402 mt. This proposed rule would be implemented under authority of section 305(d) of the Magnuson-Stevens Act, which gives the Secretary responsibility to ``carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act.'' With this proposed rule, NMFS, acting on behalf of the Secretary, would ensure that the FMP is implemented in a manner consistent with treaty rights of four Treaty Tribes to fish in their ``usual and accustomed grounds and stations'' in common with non-tribal citizens. See United States v. Washington, 384 F. Supp. 313 (W.D. 1974). Classification NMFS has preliminarily determined that the management measures for the 2017 Pacific whiting tribal fishery are consistent with the national standards of the Magnuson-Stevens Act and other applicable laws. In making the final determination, NMFS will take into account the data, views, and comments received during the comment period. The Office of Management and Budget has determined that this proposed rule is not significant for purposes of Executive Order 12866. As required by section 603 of the Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was prepared. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A summary of the analysis follows. A copy of this analysis is available from NMFS. Under the RFA, the term ``small entities'' includes small businesses, small organizations, and small governmental jurisdictions. A small organization is any nonprofit enterprise that is independently owned and operated and is not dominant in its field. Small governmental jurisdictions such as governments of cities, counties, towns, townships, villages, school districts, or special districts are considered small jurisdictions if their populations are less than 50,000 (5 U.S.C. 601). The Small Business Administration has established size criteria for entities involved in the fishing industry (13 CFR 121.201). A wholesale business primarily engaged in servicing the fishing industry is a small business if it employs 100 or fewer persons on a full time, part time, temporary, or other basis, at all its affiliated operations worldwide. A business primarily engaged in seafood processing is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 750 or fewer persons on a full time, part time, temporary, or other basis, at all its affiliated operations worldwide. For purposes of this rulemaking, NMFS is applying the seafood processor standard to catcher processors (C/Ps) because like mothership (MS) processor vessels, Pacific whiting C/Ps earn the majority of the revenue from processed seafood product. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (50 CFR 200.2, December 29, 2015). A business primarily engaged in commercial fishing (NAICS code 11411) is classified by NMFS as a small business if it is independently owned and operated, is not dominant in its field of operation (including affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. This proposed rule would affect how Pacific whiting is allocated to the following sectors/programs: Tribal, Shorebased Individual Fishing Quota (IFQ) Program Trawl Fishery, MS Coop Program--Whiting At-sea Trawl Fishery, and C/P Coop Program--Whiting At-sea Trawl Fishery. The amount of Pacific whiting allocated to these sectors is based on the U.S. TAC. Currently, the Shorebased IFQ Program is composed of 172 Quota Share permits/accounts, 152 vessel accounts, and 44 first receivers, only a portion of which participate in the Pacific whiting fishery, listed below. These regulations also directly affect participants in the MS Coop Program, a general term to describe the limited [[Page 14852]] access program that applies to eligible harvesters and processors in the MS sector of the Pacific whiting at-sea trawl fishery. The MS Coop program currently consists of six MS processor permits, and a catcher vessel fleet currently composed of a single coop, with 34 Mothership/ Catcher Vessel (MS/CV) endorsed permits (with three permits each having two catch history assignments). These regulations also directly affect the C/P Coop Program, composed of 10 C/P endorsed permits owned by three companies that have formed a single coop. These co-ops are considered large entities from several perspectives; they have participants that are large entities, have in total more than 750 employees worldwide including affiliates. Although there are three non- tribal sectors, many companies participate in two sectors and some participate in all three sectors. As part of the permit application processes for the non-tribal fisheries, based on the NMFS and Small Business Administration size criteria described above, permit applicants were asked if they considered themselves a small business, and they are asked to provide detailed ownership information. After accounting for cross participation, multiple QS account holders, and affiliation through ownership, NMFS estimates that there are 103 non- tribal entities directly affected by these proposed regulations, 89 of which are considered small businesses. We also expect one tribal entity to fish in 2017. Tribes are not considered small entities for the purposes of RFA. Impacts to tribes are nevertheless considered in this analysis. This rule will allocate fish between tribal and non-tribal harvesters (a mixture of small and large businesses). Tribal fisheries consist of a mixture of fishing activities that are similar to the activities that non-tribal fisheries undertake. Tribal harvests may be delivered to both shoreside plants and motherships for processing. These processing facilities also process fish harvested by non-tribal fisheries. The effect of the tribal allocation on non-tribal fisheries will depend on the level of tribal harvests relative to their allocation and the reapportionment process. If the tribes do not harvest their entire allocation, there are opportunities during the year to reapportion unharvested tribal amounts to the non-tribal fleets. For example, in 2016 NMFS reapportioned 34,000 mt of the original 64,322 mt tribal allocation. This reapportionment was based on conversations with the tribes and the best information available at the time, which indicated that this amount would not limit tribal harvest opportunities for the remainder of the year. In 2016, the tribal Pacific whiting catch was approximately 2,500 mt in a fishery that spanned late August to mid-October. This reapportioning process allows unharvested tribal allocations of Pacific whiting to be fished by the non-tribal fleets, benefitting both large and small entities. Following are the revised Pacific whiting allocations for 2016 after the reapportionment: The Tribal allocation was 30,322 mt; the C/P Coop allocation was 114,149 mt; the MS Coop allocation was 80,575 mt; and the Shorebased IFQ Program allocation was 141,007 mt. For the years 2011 to 2016, the total Pacific whiting fishery (tribal and non-tribal) averaged harvests of approximately 292,000 mt annually. As the U.S. Pacific whiting TAC has been highly variable during this time, so have harvests and ex-vessel revenues. The prices for Pacific whiting are largely determined by the world market because most of the Pacific whiting harvested in the U.S. is exported. In the last year for which detailed economic information is available, the MS fleet had $46.4 million in wholesale revenue, generated $42 million in income and supported 926 jobs on the west coast from Pacific whiting (2014 Economic Data Collection (EDC) Mothership Report). The C/P fleet, which had $99.2 million in wholesale revenue in 2014, generated $142 million in income and supported 1,895 jobs on the west coast from Pacific whiting (2014 Economic Data Collection (EDC) C/P Report). In 2014, eight shoreside Pacific whiting companies processed 61,000 mt of Pacific whiting, for a wholesale revenue of $71 million. Impacts to Makah catcher vessels who elect to participate in the tribal fishery are measured with an estimate of ex-vessel revenue. In lieu of more complete information on tribal deliveries, total ex-vessel revenue is estimated with the 2016 average IFQ ex-vessel price of Pacific whiting, which was $165 per mt. At that price, the proposed 2017 Tribal allocation (potentially 17,842-80,402 mt) would have an ex- vessel value between $2.9 million and $13.2 million. NMFS considered two alternatives for this action: The ``No-Action'' alternative and the ``Proposed Action'' alternative. NMFS did not consider a broader range of alternatives to the proposed allocation. The tribal allocation is based primarily on the requests of the tribes. These requests reflect the level of participation in the fishery that will allow them to exercise their treaty right to fish for Pacific whiting. Under the Proposed Action alternative, NMFS proposes to set the tribal allocation percentage at 17.5 percent, as requested by the tribes. This would yield a tribal allocation of between 17,842 and 80,402 mt for 2017. Consideration of a percentage lower than the tribal request of 17.5 percent is not appropriate in this instance. As a matter of policy, NMFS has historically supported the harvest levels requested by the tribes. Based on the information available to NMFS, the tribal request is within their tribal treaty rights. A higher percentage would arguably also be within the scope of the treaty right. However, a higher percentage would unnecessarily limit the non-tribal fishery. Under the No-Action alternative, NMFS would not make an allocation to the tribal sector. This alternative was considered, but the regulatory framework provides for a tribal allocation on an annual basis only. Therefore, the no-action alternative would result in no allocation of Pacific whiting to the tribal sector in 2017, which would be inconsistent with NMFS' responsibility to manage the fishery consistent with the tribes' treaty rights. Given that there is a tribal request for allocation in 2017, this alternative received no further consideration. NMFS believes this proposed rule would not adversely affect small entities. The reapportioning process allows unharvested tribal allocations of Pacific whiting to be fished by the non-tribal fleets, benefitting both large and small entities. NMFS has prepared an IRFA and is requesting comments on this conclusion (see ADDRESSES). There are no reporting, recordkeeping or other compliance requirements in the proposed rule. No Federal rules have been identified that duplicate, overlap, or conflict with this action. Pursuant to Executive Order 13175, this proposed rule was developed after meaningful consultation and collaboration with tribal officials from the area covered by the FMP. Consistent with the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council is a representative of an Indian tribe with federally recognized fishing rights from the area of the Council's jurisdiction. In addition, NMFS has coordinated specifically with the tribes interested in the Pacific whiting fishery regarding the issues addressed by this rule. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian fisheries. [[Page 14853]] Dated: March 17, 2017. Alan D. Risenhoover, Acting 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. and 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.50, revise paragraph (f)(4) to read as follows: Sec. 660.50 Pacific Coast treaty Indian fisheries. * * * * * (f) * * * (4) Pacific whiting. The tribal allocation for 2017 will be 17.5 percent of the U.S. TAC. * * * * * [FR Doc. 2017-05758 Filed 3-22-17; 8:45 am] BILLING CODE 3510-22-P
![14850 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Proposed Rules
safety fitness determinations. While the to Pacific Coast Indian tribes that have treaty Indian tribe with treaty fishing
petitioners support the goal of an easily a treaty right to harvest groundfish. rights in the area covered by the FMP at
understandable, rational SFD system, DATES: Comments on this proposed rule the beginning of the biennial harvest
they believe the NPRM should be must be received no later than April 24, specifications and management
withdrawn at this time. 2017. measures process. The Secretary will
ADDRESSES: You may submit comments develop tribal allocations and
FMCSA Decision To Withdraw the
on this document, identified by NOAA– regulations in consultation with the
NPRM
NMFS–2017–0005, by either of the affected tribe(s) and, insofar as possible,
Based on the current record, following methods: with tribal consensus. The procedures
including comments received in • Electronic Submission: Submit all that NMFS employs in implementing
response to the NPRM and the February electronic public comments via the tribal treaty rights under the FMP were
2017 correspondence to Secretary Chao, Federal eRulemaking Portal. Go to designed to provide a framework
FMCSA has decided to withdraw the www.regulations.gov/ process by which NMFS can
January 2016 NPRM and, accordingly, #!docketDetail;D=NOAA-NMFS-2017- accommodate tribal treaty rights by
cancels the plans to develop a SNPRM 0005, click the ‘‘Comment Now!’’ icon, setting aside appropriate amounts of
as announced by the Agency on January complete the required fields, and enter fish in conjunction with the Pacific
12, 2017. If FMCSA determines changes or attach your comments. Fishery Management Council process
to the safety fitness determination • Mail: Barry A. Thom, Regional for determining harvest specifications
process are still necessary and advisable Administrator, West Coast Region, and management measures.
in the future, a new rulemaking would NMFS, 7600 Sand Point Way NE., Since the FMP has been in place,
be initiated that will incorporate any Seattle, WA 98115–0070, Attn: Miako NMFS has been allocating a portion of
appropriate recommendations from the Ushio. the U.S. TAC (called Optimum Yield
National Academies of Science and the Instructions: Comments sent by any (OY) or Annual Catch Limit (ACL) prior
comments received through this other method, to any other address or to 2012) of Pacific whiting to the tribal
rulemaking. The NPRM concerning individual, or received after the end of fishery, following the process
motor carrier safety fitness the comment period, may not be established in 50 CFR 660.50(d). The
determinations is withdrawn. considered by NMFS. All comments tribal allocation is subtracted from the
Issued under the authority delegated in 49 received are part of the public record U.S. Pacific whiting TAC before
CFR 1.87 on: March 17, 2017. and will generally be posted for public allocation to the non-tribal sectors.
Daphne Y. Jefferson, viewing on www.regulations.gov There are four tribes that can
Deputy Administrator. without change. All personal identifying participate in the tribal Pacific whiting
[FR Doc. 2017–05777 Filed 3–22–17; 8:45 am] information (e.g., name, address, etc.), fishery: The Hoh Tribe, the Makah
BILLING CODE 4910–EX–P
confidential business information, or Tribe, the Quileute Tribe and the
otherwise sensitive information Quinault Indian Nation (collectively,
submitted voluntarily by the sender will the ‘‘Treaty Tribes’’). The Hoh Tribe has
be publicly accessible. NMFS will not expressed an interest in
DEPARTMENT OF COMMERCE accept anonymous comments (enter participating to date. The Quileute Tribe
National Oceanic and Atmospheric ‘‘N/A’’ in the required fields if you wish and Quinault Indian Nation have
Administration to remain anonymous). expressed interest in commencing
FOR FURTHER INFORMATION CONTACT: participation in the Pacific whiting
50 CFR Part 660 Miako Ushio, phone: 206–526–4644, fishery. However, to date, only the
and email: miako.ushio@noaa.gov. Makah Tribe has prosecuted a tribal
[Docket No. 161128999–7248–01] SUPPLEMENTARY INFORMATION: fishery for Pacific whiting, having
RIN 0648–BG47 Electronic Access harvested Pacific whiting since 1996
using midwater trawl gear. Tribal
Magnuson-Stevens Act Provisions; This proposed rule is accessible via allocations have been based on
Fisheries Off West Coast States; the Internet at the Office of the Federal discussions with the Tribes regarding
Pacific Coast Groundfish Fishery; 2017 Register Web site at https:// their intent for those fishing years. Table
Tribal Fishery for Pacific Whiting www.federalregister.gov. Background 1 below provides a history of U.S. TACs
information and documents are and annual tribal allocation in metric
AGENCY: National Marine Fisheries available at the NMFS West Coast tons (mt).
Service (NMFS), National Oceanic and Region Web site at http://
Atmospheric Administration (NOAA), www.westcoast.fisheries.noaa.gov/ TABLE 1—U.S. TOTAL ALLOWABLE
Commerce. fisheries/management/whiting/pacific_ CATCH (TAC) AND ANNUAL TRIBAL
ACTION: Proposed rule; request for whiting.html and at the Pacific Fishery ALLOCATION IN METRIC TONS (mt)
comments. Management Council’s Web site at
http://www.pcouncil.org/. Tribal
SUMMARY: NMFS issues this proposed U.S. TAC 1
Year allocation
rule for the 2017 Pacific whiting fishery Background (mt) (mt)
under the authority of the Pacific Coast The regulations at 50 CFR 660.50(d)
sradovich on DSK3GMQ082PROD with PROPOSALS
Groundfish Fishery Management Plan address the implementation of the treaty 2007 .................. 242,591 35,000
(FMP), the Magnuson Stevens Fishery rights that Pacific Coast treaty Indian 2008 .................. 269,545 35,000
2009 .................. 135,939 50,000
Conservation and Management Act tribes have to harvest groundfish in
2010 .................. 193,935 49,939
(Magnuson-Stevens Act), and the Pacific their usual and accustomed fishing 2011 .................. 290,903 66,908
Whiting Act of 2006, as amended. This areas in U.S. waters. Section 660.50(d) 2012 .................. 186,037 48,556
proposed rule would allocate 17.5 provides that an allocation or regulation 2013 .................. 269,745 63,205
percent of the U.S. Total Allowable specific to the tribes shall be initiated by 2014 .................. 316,206 55,336
Catch (TAC) of Pacific whiting for 2017 a written request from a Pacific Coast 2015 .................. 325,072 56,888
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![Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Proposed Rules 14853
Dated: March 17, 2017. in the EM selection pool and the and will generally be posted for public
Alan D. Risenhoover, requirements for vessel owners or viewing on www.regulations.gov
Acting Deputy Assistant Administrator for operators while in the EM selection without change. All personal identifying
Regulatory Programs, National Marine pool. This action is necessary to information (e.g., name, address),
Fisheries Service. improve the collection of data needed confidential business information, or
For the reasons set out in the for the conservation, management, and otherwise sensitive information
preamble, 50 CFR part 660 is proposed scientific understanding of managed submitted voluntarily by the sender will
to be amended as follows: fisheries. Amendments 114/104 are be publicly accessible. NMFS will
intended to promote the goals and accept anonymous comments (enter
PART 660—FISHERIES OFF WEST objectives of the Magnuson-Stevens ‘‘N/A’’ in the required fields if you wish
COAST STATES Fishery Conservation and Management to remain anonymous).
Act (Magnuson-Stevens Act), the FMPs, Electronic copies of Amendments
■ 1. The authority citation for part 660 and other applicable laws. 114/104 and the Draft Environmental
continues to read as follows: DATES: Comments must be received no Assessment/Regulatory Impact Review
Authority: 16 U.S.C. 1801 et seq. and 16 later than May 22, 2017. prepared for this action (collectively the
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. Per section 313 of the Magnuson- ‘‘Analysis’’) may be obtained from
Stevens Act, NMFS will conduct public www.regulations.gov.
■ 2. In § 660.50, revise paragraph (f)(4)
hearings to accept oral and written Written comments regarding the
to read as follows:
comments on the proposed rule in burden-hour estimates or other aspects
§ 660.50 Pacific Coast treaty Indian Oregon, Washington, and Alaska during of the collection-of-information
fisheries. the public comment period. requirements contained in this rule may
* * * * * The first public hearing will be held be submitted by mail to NMFS at the
(f) * * * in conjunction with the April meeting of above address; by email to OIRA_
(4) Pacific whiting. The tribal the North Pacific Fishery Management Submission@omb.eop.gov; or by fax to
allocation for 2017 will be 17.5 percent Council on April 6, 2017, 6 p.m. to 8 202–395–5806.
of the U.S. TAC. p.m., Alaska local time, at the Hilton FOR FURTHER INFORMATION CONTACT:
* * * * * Hotel, 500 W. 3rd. Ave., Anchorage, AK Gretchen Harrington or Jennifer Watson,
[FR Doc. 2017–05758 Filed 3–22–17; 8:45 am] 99501. 907–586–7228.
BILLING CODE 3510–22–P The second public hearing will be on SUPPLEMENTARY INFORMATION: NMFS
April 18, 2017, 10 a.m. to 12 p.m., manages the groundfish fisheries in the
Pacific daylight time, at the exclusive economic zone under the
DEPARTMENT OF COMMERCE International Pacific Halibut FMPs. The North Pacific Fishery
Commission Office, 2320 West Management Council (Council)
National Oceanic and Atmospheric Commodore Way, Suite 300, Seattle, prepared the FMPs under the authority
Administration WA 98199. of the Magnuson-Stevens Act, 16 U.S.C.
The third public hearing will be held 1801 et seq. Regulations governing U.S.
50 CFR Part 679 on April 19, 2017, 1 p.m. to 3 p.m., fisheries and implementing the FMPs
[Docket No. 161219999–7250–01] Pacific daylight time, at the Hatfield appear at 50 CFR parts 600 and 679.
Marine Science Center, Lavern Weber Management of the Pacific halibut
RIN 0648–BG54 Room, 2030 SE. Marine Science Drive, fisheries in and off Alaska is governed
Newport, OR 97365. by an international agreement, the
Fisheries of the Exclusive Economic
Zone Off Alaska; Integrating Electronic ADDRESSES: You may submit comments Convention Between the United States
Monitoring Into the North Pacific on this document, identified by NOAA– of America and Canada for the
Observer Program NMFS–2016–0154 by any of the Preservation of the Halibut Fishery of
following methods: the Northern Pacific Ocean and Bering
AGENCY: National Marine Fisheries • Electronic Submission: Submit all Sea (Convention), which was signed in
Service (NMFS), National Oceanic and electronic public comments via the Ottawa, Canada, on March 2, 1953, and
Atmospheric Administration (NOAA), Federal e-Rulemaking Portal. Go to was amended by the Protocol Amending
Commerce. www.regulations.gov/ the Convention, signed in Washington,
ACTION: Proposed rule; request for #!docketDetail;D=NOAA-NMFS-2016- DC, on March 29, 1979. The Convention
comments. 0154, click the ‘‘Comment Now!’’ icon, is implemented in the United States by
complete the required fields, and enter the Northern Pacific Halibut Act of
SUMMARY: NMFS proposes regulations to or attach your comments. 1982.
implement Amendment 114 to the • Mail: Submit written comments to This proposed rule would implement
Fishery Management Plan for Glenn Merrill, Assistant Regional Amendments 114/104 to the FMPs. The
Groundfish of the Bering Sea and Administrator, Sustainable Fisheries Council has submitted Amendments
Aleutian Islands Management Area and Division, Alaska Region NMFS, Attn: 114/104 for review by the Secretary of
Amendment 104 to the Fishery Ellen Sebastian. Mail comments to P.O. Commerce, and a Notice of Availability
Management Plan for Groundfish of the Box 21668, Juneau, AK 99802–1668. (NOA) of these amendments was
Gulf of Alaska (GOA), (collectively • Submit oral or written comments to published in the Federal Register on
sradovich on DSK3GMQ082PROD with PROPOSALS
referred to as the FMPs). If approved, NMFS at the public hearings listed in March 10, 2017, with comments invited
Amendments 114/104 and this this proposed rule under DATES. through May 9, 2017 (82 FR 13302).
proposed rule would integrate Instructions: Comments sent by any This proposed rule and Amendments
electronic monitoring (EM) into the other method, to any other address or 114/104 to the FMPs amend the
North Pacific Observer Program. The individual, or received after the end of Council’s fisheries research plan
proposed rule would establish a process the comment period, may not be prepared under the authority of section
for owners or operators of vessels using considered by NMFS. All comments 313 of the Magnuson-Stevens Act.
nontrawl gear to request to participate received are a part of the public record NMFS published regulations
VerDate Sep<11>2014 16:56 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\23MRP1.SGM 23MRP1](https://thefederalregister.org/doc/82_FR_14905/page/4.svg)
Document Created: 2017-03-23 02:45:48
Document Modified: 2017-03-23 02:45:48
| 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 on this proposed rule must be received no later than April 24, 2017. | |
| Contact | Miako Ushio, phone: 206-526-4644, and email: [email protected] | |
| FR Citation | 82 FR 14850 | |
| RIN Number | 0648-BG47 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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