82_FR_43501 82 FR 43323 - Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 5 to the Highly Migratory Species Fishery Management Plan; California Drift Gillnet Fishery; Implementation of a Federal Limited Entry Drift Gillnet Permit

82 FR 43323 - Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 5 to the Highly Migratory Species Fishery Management Plan; California Drift Gillnet Fishery; Implementation of a Federal Limited Entry Drift Gillnet Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43323-43324
FR Document2017-19662

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 5 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 5 is to implement a federal limited entry (LE) permit for the California/Oregon large-mesh drift gillnet (DGN) fishery. The amendment would bring the State of California's LE DGN permit program under Magnuson-Stevens Fishery Conservation and Management Act (MSA) authority. All current California DGN permit holders would be eligible to apply for, and receive, a federal DGN permit and no additional DGN permits would be created. The amendment is administrative in nature and is not anticipated to result in increased activity, effort, or capacity in the fishery.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017) 
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Proposed Rules]
[Pages 43323-43324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19662]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BG81


Fisheries Off West Coast States; Highly Migratory Fisheries; 
Amendment 5 to the Highly Migratory Species Fishery Management Plan; 
California Drift Gillnet Fishery; Implementation of a Federal Limited 
Entry Drift Gillnet Permit

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

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

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 5 to the Fishery Management Plan for 
U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for 
review by the Secretary of Commerce. The intent of Amendment 5 is to 
implement a federal limited entry (LE) permit for the California/Oregon 
large-mesh drift gillnet (DGN) fishery. The amendment would bring the 
State of California's LE DGN permit program under Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) authority. All current 
California DGN permit holders would be eligible to apply for, and 
receive, a federal DGN permit and no additional DGN permits would be 
created. The amendment is administrative in nature and is not 
anticipated to result in increased activity, effort, or capacity in the 
fishery.

DATES: Comments on Amendment 5 must be received by November 14, 2017.

ADDRESSES: You may submit comments identified by NOAA-NMFS-2017-0052, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0052, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Lyle Enriquez, NMFS West 
Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. 
Include the identifier ``NOAA-NMFS-2017-0052'' 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 Amendment 5 and other supporting documents are available 
via the Federal eRulemaking Portal: http://www.regulations.gov, docket 
NOAA-NMFS-2017-0052 or by contacting the Regional Administrator, Barry 
Thom, NMFS West Coast Region, 1201 NE Lloyd Blvd., Portland, OR 97232-
2182, or [email protected].

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

SUPPLEMENTARY INFORMATION: 
    The HMS FMP was prepared by the Council and is implemented under 
the authority of the MSA by regulations at 50 CFR part 660. Although it 
adopted all conservation and management measures in place under various 
federal statutes (e.g., Marine Mammal Protection Act, Endangered 
Species Act) and state regulations, the HMS FMP did not incorporate the 
LE DGN permit programs of California and Oregon. Currently, the large-
mesh DGN fishery (14'' minimum mesh size) is federally managed under 
the HMS FMP and via regulations of the states of California and Oregon 
to conserve target and non-target stocks, including protected species 
that are incidentally captured. California has an active LE DGN

[[Page 43324]]

program, Oregon no longer issues DGN permits, and DGN fishing is 
prohibited in Washington.
    Since 2014, the Council has considered transitioning California's 
LE DGN permit program from state to MSA authority. On March 12, 2017, 
the Council adopted a final preferred alternative that would transition 
the State of California issued LE DGN permit program from state 
management to federal management under MSA authority and entitle all 
fishermen authorized to fish with large-mesh DGN gear under state law 
to be eligible to receive a federal LE DGN permit. As of August 31, 
2017, 70 California LE DGN permits were issued for the 2016-2017 
fishing season, and 67 have been renewed for the 2017-2018 fishing 
season. The average number of active DGN vessels per year from 2010 
through 2016 is 20 vessels. The action would neither increase capacity 
within the DGN fishery, nor would it incentivize or stimulate fishing 
effort or activity of current latent permits. After the initial 
issuance of a federal DGN permit, no additional permits would be 
issued, and permits that are not renewed in future years would be 
permanently expired by NMFS.
    In order to participate in the DGN fishery, current participants 
must possess a State of California LE DGN permit, a California 
commercial fishing license, a California general gill/trammel net 
permit, and a California swordfish permit. Additionally, the vessel 
that the participant fishes from must have a federal Pacific Highly 
Migratory Species (HMS) permit with a DGN gear endorsement. After the 
LE DGN permit transitions from the State of California to federal 
management, each participant will need to hold all the same permits and 
licenses, except that the federal LE DGN permit will take place of the 
State of California LE DGN permit. Although these permits and licenses 
would be required to fish, possession of a current and up-to-date State 
of California LE DGN permit is the only permit required to initially 
obtain a federal LE DGN permit.
    This amendment would adopt many of the current State of California 
management measures associated with the fishery. For example, NMFS 
would adopt current California requirements regarding the assignment of 
a permit (i.e., issued to an individual and assigned to a specific 
vessel), the transfer of permits between permittees (i.e., a permit 
must be held for three years before it is eligible to be transferred), 
and an annual renewal cycle.
    Upon the date of publication of the final rule to implement 
Amendment 5, all 70 state-eligible permit holders would be eligible to 
receive a federal DGN permit if they have renewed their state DGN 
permit by March 31, 2018. Permit holders who fail to renew their state 
DGN permit by March 31, 2018, will not be eligible for a federal DGN 
permit. As of August 31, 2017, 67 permittees have renewed their state 
LE DGN permit. If a state LE DGN permit is transferred after 
publication of the proposed rule to implement Amendment 5, the 
transferee, but not the transferor, would be eligible to receive a 
federal LE DGN permit upon publication of the final rule.
    Federal LE DGN permits would be issued annually for the fishing 
year starting April 1 and ending March 31 of the following year. 
Permits would expire on March 31 of each year and, after initial 
issuance (expected in 2018), the permit renewal deadline would be April 
30 of the fishing year. A completed DGN permit renewal form must be 
received by NMFS no later than close-of-business April 30. Any renewal 
form received after that date would result in the permanent expiration 
of the Federal DGN permit. A permit owner who fails to submit a renewal 
by the deadline may submit a renewal form to NMFS with a written 
statement that the failure to renew the permit by the deadline was 
proximately caused by the permit owner's illness or injury. When a 
permit owner has died, the owner's estate or other personal 
representative may submit a statement explaining that the permit 
owner's death has prevented a timely renewal. The permit holder, or in 
the case of a deceased permit owner, the estate or other personal 
representative, will need to provide written proof of illness, injury 
or death. NMFS will not consider any such renewal request made after 
July 31. If the permit expires, it would permanently expire and NMFS 
would not reissue the permit. A permittee would need to hold a federal 
LE DGN permit for three or more years before it would be eligible to be 
transferred. This vesting period would extend across both state and 
federal permit programs (i.e., if a permit holder held a state LE DGN 
permit for two years and a federal LE DGN permit for one year, the 
permit may be transferred).
    Public comments on Amendment 5 must be received by November 14, 
2017, to be considered by NMFS in the decision whether to approve, 
disapprove, or partially approve Amendment 5. NMFS expects to publish 
and request public comment on the proposed regulation to implement 
Amendment 5 in the near future. Public comments on the proposed rule 
must be received by the end of the comment period on the amendment to 
be considered in the approval/disapproval decision on the amendment. 
All comments received during the comment period for the amendment, 
whether specifically directed to the amendment, or the proposed rule, 
will be considered in the approval/disapproval decision.

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

    Dated: September 12, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-19662 Filed 9-14-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 43323 comments. There is no limit on the Further, some people may submit late Federal eRulemaking Portal. Go to length of the attachments. comments. Accordingly, the agency http://www.regulations.gov/ Please submit one copy (two copies if recommends that you periodically #!docketDetail;D=NOAA-NMFS-2017- submitting by mail or hand delivery) of check the docket for new material. 0052, click the ‘‘Comment Now!’’ icon, your comments, including the Issued in Washington, DC, under authority complete the required fields, and enter attachments, to the docket following the delegated by 49 CFR 1.95. or attach your comments. instructions given above under Nathaniel Beuse, • Mail: Submit written comments to ADDRESSES. Please note, if you are Lyle Enriquez, NMFS West Coast Associate Administrator for Vehicle Safety submitting comments electronically as a Research. Region, 501 W. Ocean Blvd., Suite 4200, PDF (Adobe) file, we ask that the Long Beach, CA 90802. Include the [FR Doc. 2017–19637 Filed 9–14–17; 8:45 am] documents submitted be scanned using identifier ‘‘NOAA–NMFS–2017–0052’’ BILLING CODE 4910–59–P an Optical Character Recognition (OCR) in the comments. process, thus allowing the agency to • Instructions: Comments must be search and copy certain portions of your submitted by one of the above methods submissions. DEPARTMENT OF COMMERCE to ensure they are received, documented, and considered by NMFS. How do I submit confidential business National Oceanic and Atmospheric Comments sent by any other method, to information? Administration any other address or individual, or If you wish to submit any information received after the end of the comment under a claim of confidentiality, you 50 CFR Part 660 period, may not be considered. All should submit three copies of your RIN 0648–BG81 comments received are a part of the complete submission, including the public record and will generally be information you claim to be confidential Fisheries Off West Coast States; posted for public viewing on business information, to the Office of Highly Migratory Fisheries; www.regulations.gov without change. the Chief Counsel, NHTSA, at the Amendment 5 to the Highly Migratory All personal identifying information address given above under FOR FURTHER Species Fishery Management Plan; (e.g., name, address, etc.) submitted INFORMATION CONTACT. In addition, you California Drift Gillnet Fishery; voluntarily by the sender will be may submit a copy (two copies if Implementation of a Federal Limited publicly accessible. Do not submit submitting by mail or hand delivery), Entry Drift Gillnet Permit confidential business information, or from which you have deleted the AGENCY: National Marine Fisheries otherwise sensitive or protected claimed confidential business Service (NMFS), National Oceanic and information. NMFS will accept information, to the docket by one of the Atmospheric Administration (NOAA), anonymous comments (enter ‘‘N/A’’ in methods given above under ADDRESSES. Commerce. the required fields if you wish to remain When you send a comment containing anonymous). ACTION: Notice of availability of an information claimed to be confidential Copies of Amendment 5 and other amendment to a fishery management supporting documents are available via business information, you should plan; request for comments. the Federal eRulemaking Portal: http:// include a cover letter setting forth the information specified in NHTSA’s SUMMARY: NMFS announces that the www.regulations.gov, docket NOAA– confidential business information Pacific Fishery Management Council NMFS–2017–0052 or by contacting the regulation (49 CFR part 512). (Council) has submitted Amendment 5 Regional Administrator, Barry Thom, to the Fishery Management Plan for U.S. NMFS West Coast Region, 1201 NE Will the agency consider late West Coast Fisheries for Highly Lloyd Blvd., Portland, OR 97232–2182, comments? Migratory Species (HMS FMP) for or RegionalAdministrator.WCRHMS@ NHTSA will consider all comments review by the Secretary of Commerce. noaa.gov. received before the close of business on The intent of Amendment 5 is to FOR FURTHER INFORMATION CONTACT: Lyle the comment closing date indicated implement a federal limited entry (LE) Enriquez, NMFS, West Coast Region, above under DATES. To the extent permit for the California/Oregon large- 562–980–4025, or Lyle.Enriquez@ possible, the Agency will also consider mesh drift gillnet (DGN) fishery. The noaa.gov. comments received after that date. amendment would bring the State of Given that we intend for the policy SUPPLEMENTARY INFORMATION: California’s LE DGN permit program The HMS FMP was prepared by the document to be a living document and under Magnuson-Stevens Fishery to be developed in an iterative fashion, Council and is implemented under the Conservation and Management Act authority of the MSA by regulations at subsequent opportunities to comment (MSA) authority. All current California will also be provided periodically. 50 CFR part 660. Although it adopted all DGN permit holders would be eligible to conservation and management measures How can I read the comments submitted apply for, and receive, a federal DGN in place under various federal statutes by other people? permit and no additional DGN permits (e.g., Marine Mammal Protection Act, You may read the comments received would be created. The amendment is Endangered Species Act) and state at the address given above under administrative in nature and is not regulations, the HMS FMP did not COMMENTS. The hours of the docket anticipated to result in increased incorporate the LE DGN permit are indicated above in the same activity, effort, or capacity in the programs of California and Oregon. mstockstill on DSK30JT082PROD with PROPOSALS location. You may also see the fishery. Currently, the large-mesh DGN fishery comments on the Internet, identified by DATES: Comments on Amendment 5 (14″ minimum mesh size) is federally the docket number at the heading of this must be received by November 14, 2017. managed under the HMS FMP and via notice, at http://www.regulations.gov. ADDRESSES: You may submit comments regulations of the states of California Please note that, even after the identified by NOAA–NMFS–2017–0052, and Oregon to conserve target and non- comment closing date, NHTSA will by any one of the following methods: target stocks, including protected continue to file relevant information in • Electronic Submissions: Submit all species that are incidentally captured. the docket as it becomes available. electronic public comments via the California has an active LE DGN VerDate Sep<11>2014 16:24 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15SEP1.SGM 15SEP1

43324 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules program, Oregon no longer issues DGN State of California LE DGN permit is the deadline was proximately caused by the permits, and DGN fishing is prohibited only permit required to initially obtain permit owner’s illness or injury. When in Washington. a federal LE DGN permit. a permit owner has died, the owner’s Since 2014, the Council has This amendment would adopt many estate or other personal representative considered transitioning California’s LE of the current State of California may submit a statement explaining that DGN permit program from state to MSA management measures associated with the permit owner’s death has prevented authority. On March 12, 2017, the the fishery. For example, NMFS would a timely renewal. The permit holder, or Council adopted a final preferred adopt current California requirements in the case of a deceased permit owner, alternative that would transition the regarding the assignment of a permit the estate or other personal State of California issued LE DGN (i.e., issued to an individual and representative, will need to provide permit program from state management assigned to a specific vessel), the written proof of illness, injury or death. to federal management under MSA transfer of permits between permittees NMFS will not consider any such authority and entitle all fishermen (i.e., a permit must be held for three renewal request made after July 31. If authorized to fish with large-mesh DGN years before it is eligible to be the permit expires, it would gear under state law to be eligible to transferred), and an annual renewal permanently expire and NMFS would receive a federal LE DGN permit. As of cycle. not reissue the permit. A permittee August 31, 2017, 70 California LE DGN Upon the date of publication of the would need to hold a federal LE DGN permits were issued for the 2016–2017 final rule to implement Amendment 5, permit for three or more years before it fishing season, and 67 have been all 70 state-eligible permit holders would be eligible to be transferred. This renewed for the 2017–2018 fishing would be eligible to receive a federal vesting period would extend across both season. The average number of active DGN permit if they have renewed their state and federal permit programs (i.e., DGN vessels per year from 2010 through state DGN permit by March 31, 2018. if a permit holder held a state LE DGN 2016 is 20 vessels. The action would Permit holders who fail to renew their permit for two years and a federal LE neither increase capacity within the state DGN permit by March 31, 2018, DGN permit for one year, the permit DGN fishery, nor would it incentivize or will not be eligible for a federal DGN may be transferred). stimulate fishing effort or activity of permit. As of August 31, 2017, 67 Public comments on Amendment 5 current latent permits. After the initial permittees have renewed their state LE must be received by November 14, 2017, issuance of a federal DGN permit, no DGN permit. If a state LE DGN permit to be considered by NMFS in the additional permits would be issued, and is transferred after publication of the decision whether to approve, permits that are not renewed in future proposed rule to implement disapprove, or partially approve years would be permanently expired by Amendment 5, the transferee, but not Amendment 5. NMFS expects to NMFS. the transferor, would be eligible to publish and request public comment on In order to participate in the DGN receive a federal LE DGN permit upon the proposed regulation to implement fishery, current participants must publication of the final rule. Amendment 5 in the near future. Public possess a State of California LE DGN Federal LE DGN permits would be comments on the proposed rule must be permit, a California commercial fishing issued annually for the fishing year received by the end of the comment license, a California general gill/ starting April 1 and ending March 31 of period on the amendment to be trammel net permit, and a California the following year. Permits would considered in the approval/disapproval swordfish permit. Additionally, the expire on March 31 of each year and, decision on the amendment. All vessel that the participant fishes from after initial issuance (expected in 2018), comments received during the comment must have a federal Pacific Highly the permit renewal deadline would be period for the amendment, whether Migratory Species (HMS) permit with a April 30 of the fishing year. A specifically directed to the amendment, DGN gear endorsement. After the LE completed DGN permit renewal form or the proposed rule, will be considered DGN permit transitions from the State of must be received by NMFS no later than in the approval/disapproval decision. California to federal management, each close-of-business April 30. Any renewal Authority: 16 U.S.C. 1801 et seq. participant will need to hold all the form received after that date would same permits and licenses, except that result in the permanent expiration of the Dated: September 12, 2017. the federal LE DGN permit will take Federal DGN permit. A permit owner Emily H. Menashes, place of the State of California LE DGN who fails to submit a renewal by the Acting Director, Office of Sustainable permit. Although these permits and deadline may submit a renewal form to Fisheries, National Marine Fisheries Service. licenses would be required to fish, NMFS with a written statement that the [FR Doc. 2017–19662 Filed 9–14–17; 8:45 am] possession of a current and up-to-date failure to renew the permit by the BILLING CODE 3510–22–P mstockstill on DSK30JT082PROD with PROPOSALS VerDate Sep<11>2014 16:24 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 9990 E:\FR\FM\15SEP1.SGM 15SEP1


Document Created: 2017-09-15 00:18:55
Document Modified: 2017-09-15 00:18:55
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
ActionNotice of availability of an amendment to a fishery management plan; request for comments.
DatesComments on Amendment 5 must be received by November 14, 2017.
ContactLyle Enriquez, NMFS, West Coast Region, 562-980-4025, or [email protected].gov.
FR Citation82 FR 43323 
RIN Number0648-BG81
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