82_FR_27013 82 FR 26902 - Fisheries Off West Coast States; Highly Migratory Fisheries; California Drift Gillnet Fishery; Protected Species Hard Caps for the California/Oregon Large-Mesh Drift Gillnet Fishery

82 FR 26902 - Fisheries Off West Coast States; Highly Migratory Fisheries; California Drift Gillnet Fishery; Protected Species Hard Caps for the California/Oregon Large-Mesh Drift Gillnet Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range26902-26902
FR Document2017-12070

The National Marine Fisheries Service (NMFS) withdraws a proposed rule proposing to establish strict limits, termed ``hard caps,'' for the California/Oregon large-mesh drift gillnet (DGN) fishery on interactions with certain protected species under Magnuson- Stevens Fishery Conservation and Management Act authority. NMFS published the proposed rule in the Federal Register on October 13, 2016. After careful consideration, NMFS has decided that the proposed changes discussed in the proposed rule are not warranted at this time.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Page 26902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12070]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160728670-6904-01]
RIN 0648-BG23


Fisheries Off West Coast States; Highly Migratory Fisheries; 
California Drift Gillnet Fishery; Protected Species Hard Caps for the 
California/Oregon Large-Mesh Drift Gillnet Fishery

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The National Marine Fisheries Service (NMFS) withdraws a 
proposed rule proposing to establish strict limits, termed ``hard 
caps,'' for the California/Oregon large-mesh drift gillnet (DGN) 
fishery on interactions with certain protected species under Magnuson-
Stevens Fishery Conservation and Management Act authority. NMFS 
published the proposed rule in the Federal Register on October 13, 
2016. After careful consideration, NMFS has decided that the proposed 
changes discussed in the proposed rule are not warranted at this time.

DATES: The proposed rule published on October 13, 2016 (81 FR 70660), 
is withdrawn as of June 12, 2017.

FOR FURTHER INFORMATION CONTACT: Lyle Enriquez, West Coast Region, 
NMFS, (562) 980-4025, [email protected].

SUPPLEMENTARY INFORMATION: In September 2015, the Pacific Fishery 
Management Council (Council) recommended NMFS implement regulations for 
the DGN fishery that included two-year rolling hard caps on observed 
mortality and injury to certain protected species during the May 1 to 
January 31 fishing season each year. The Council transmitted its 
proposed regulations for implementing hard caps to NMFS on September 
23, 2016. Under the proposed regulations, caps would have been 
established for five marine mammal species and four sea turtle species. 
When any of the caps were reached, the fishery would have been closed 
for the rest of the fishing season and possibly through the following 
season. The length of any closure would have depended on when during 
the two-year period a cap was reached.
    NMFS published a proposed rule to implement the Council's 
recommendation to establish protected species hard caps in the Federal 
Register on October 13, 2016, (81 FR 70660). Supporting documents 
included a draft Environmental Assessment (EA), an Initial Regulatory 
Flexibility Analysis, and draft Regulatory Impact Review (RIR). During 
the proposed rule's comment period, NMFS received a request to extend 
the comment period. On November 23, 2016, NMFS published a notice in 
the Federal Register extending the end-date of the comment period for 
the proposed rule from November 28, 2016 to December 28, 2016 (81 FR 
84546).
    Following public comment, NMFS completed a final EA, Final 
Regulatory Flexibility Analysis, and RIR (posted at https://www.regulations.gov/docket?D=NOAA-NMFS-2016-0123). As a result of its 
analysis of the effects of the proposed rule, NMFS has decided that the 
changes covered in the proposed rule from 2016 are not warranted at 
this time. Therefore, NMFS is withdrawing the proposed rule published 
in the Federal Register on October 13, 2016 (81 FR 70660).

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

    Dated: June 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-12070 Filed 6-9-17; 8:45 am]
BILLING CODE 3510-22-P



                                                      26902                    Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Proposed Rules

                                                      PART 384—STATE COMPLIANCE                               Atmospheric Administration (NOAA),                     species hard caps in the Federal
                                                      WITH COMMERCIAL DRIVER’S                                Commerce.                                              Register on October 13, 2016, (81 FR
                                                      LICENSE PROGRAM                                         ACTION: Proposed rule; withdrawal.                     70660). Supporting documents included
                                                                                                                                                                     a draft Environmental Assessment (EA),
                                                      ■  5. The authority citation for part 384               SUMMARY:    The National Marine
                                                      is revised to read as follows:                                                                                 an Initial Regulatory Flexibility
                                                                                                              Fisheries Service (NMFS) withdraws a                   Analysis, and draft Regulatory Impact
                                                        Authority: 49 U.S.C. 31136, 31301 et seq.,            proposed rule proposing to establish                   Review (RIR). During the proposed
                                                      and 31502; secs. 103 and 215 of Pub. L. 106–            strict limits, termed ‘‘hard caps,’’ for the
                                                      59, 113 Stat. 1753, 1767; sec. 32934 of Pub.                                                                   rule’s comment period, NMFS received
                                                                                                              California/Oregon large-mesh drift
                                                      L. 112–141, 126 Stat. 405, 830; sec. 5401 and                                                                  a request to extend the comment period.
                                                                                                              gillnet (DGN) fishery on interactions
                                                      5524 of Pub. L. 114–94, 129 Stat. 1312, 1546,                                                                  On November 23, 2016, NMFS
                                                      1560; and 49 CFR 1.87.
                                                                                                              with certain protected species under
                                                                                                              Magnuson-Stevens Fishery                               published a notice in the Federal
                                                      ■ 6. Add paragraph (l) to § 384.301 to                  Conservation and Management Act                        Register extending the end-date of the
                                                      read as follows:                                        authority. NMFS published the                          comment period for the proposed rule
                                                                                                              proposed rule in the Federal Register on               from November 28, 2016 to December
                                                      § 384.301 Substantial compliance general
                                                                                                              October 13, 2016. After careful                        28, 2016 (81 FR 84546).
                                                      requirements.
                                                      *      *     *    *     *                               consideration, NMFS has decided that                      Following public comment, NMFS
                                                         (l) A State must come into substantial               the proposed changes discussed in the                  completed a final EA, Final Regulatory
                                                      compliance with the requirements of                     proposed rule are not warranted at this                Flexibility Analysis, and RIR (posted at
                                                      subpart B of this part and part 383 of                  time.                                                  https://www.regulations.gov/
                                                      this chapter in effect as of [EFFECTIVE                 DATES: The proposed rule published on                  docket?D=NOAA-NMFS-2016-0123). As
                                                      DATE OF FINAL RULE] as soon as                          October 13, 2016 (81 FR 70660), is                     a result of its analysis of the effects of
                                                      practicable, but, unless otherwise                      withdrawn as of June 12, 2017.                         the proposed rule, NMFS has decided
                                                      specifically provided in this part, not                 FOR FURTHER INFORMATION CONTACT: Lyle                  that the changes covered in the
                                                      later than [DATE 3 YEARS AFTER THE                      Enriquez, West Coast Region, NMFS,                     proposed rule from 2016 are not
                                                      EFFECTIVE DATE OF THE FINAL                             (562) 980–4025, lyle.enriquez@                         warranted at this time. Therefore, NMFS
                                                      RULE].                                                  noaa.gov.                                              is withdrawing the proposed rule
                                                        Issued under authority delegated in 49 CFR            SUPPLEMENTARY INFORMATION:       In                    published in the Federal Register on
                                                      1.87 on: June 6, 2017.                                  September 2015, the Pacific Fishery                    October 13, 2016 (81 FR 70660).
                                                      Daphne Y. Jefferson,                                    Management Council (Council)                             Authority: 16 U.S.C. 1801 et seq.
                                                      Deputy Administrator.                                   recommended NMFS implement
                                                                                                                                                                       Dated: June 7, 2017.
                                                      [FR Doc. 2017–12079 Filed 6–9–17; 8:45 am]              regulations for the DGN fishery that
                                                      BILLING CODE 4910–EX–P                                  included two-year rolling hard caps on                 Alan D. Risenhoover,
                                                                                                              observed mortality and injury to certain               Acting Deputy Assistant Administrator for
                                                                                                              protected species during the May 1 to                  Regulatory Programs, National Marine
                                                      DEPARTMENT OF COMMERCE                                  January 31 fishing season each year. The               Fisheries Service.
                                                                                                              Council transmitted its proposed                       [FR Doc. 2017–12070 Filed 6–9–17; 8:45 am]
                                                      National Oceanic and Atmospheric                        regulations for implementing hard caps                 BILLING CODE 3510–22–P
                                                      Administration                                          to NMFS on September 23, 2016. Under
                                                                                                              the proposed regulations, caps would
                                                      50 CFR Part 660                                         have been established for five marine
                                                      [Docket No. 160728670–6904–01]                          mammal species and four sea turtle
                                                                                                              species. When any of the caps were
                                                      RIN 0648–BG23                                           reached, the fishery would have been
                                                                                                              closed for the rest of the fishing season
                                                      Fisheries Off West Coast States;
                                                                                                              and possibly through the following
                                                      Highly Migratory Fisheries; California
                                                                                                              season. The length of any closure would
                                                      Drift Gillnet Fishery; Protected Species
                                                                                                              have depended on when during the two-
                                                      Hard Caps for the California/Oregon
                                                                                                              year period a cap was reached.
                                                      Large-Mesh Drift Gillnet Fishery
                                                                                                                NMFS published a proposed rule to
                                                      AGENCY:  National Marine Fisheries                      implement the Council’s
                                                      Service (NMFS), National Oceanic and                    recommendation to establish protected
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




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Document Created: 2017-06-10 01:40:53
Document Modified: 2017-06-10 01:40:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; withdrawal.
DatesThe proposed rule published on October 13, 2016 (81 FR 70660), is withdrawn as of June 12, 2017.
ContactLyle Enriquez, West Coast Region, NMFS, (562) 980-4025, [email protected]
FR Citation82 FR 26902 
RIN Number0648-BG23

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