82 FR 44984 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan; Amendment 21-3; Trawl Rationalization Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 186 (September 27, 2017)

NMFS announces that the Pacific Fishery Management Council (Council) submitted Amendment 21-3 to the Pacific Coast Groundfish Fishery Management Plan (PCGFMP) to the Secretary of Commerce for review. If approved, Amendment 21-3 would modify the PCGFMP to manage darkblotched rockfish and Pacific ocean perch (POP), currently overfished species, as set-asides or ``soft-caps'' rather than with allocations, or ``hard caps'' for the Pacific whiting at-sea sectors. This action is intended to avoid the risk of early fishery closures of the at-sea Pacific whiting sectors due to incidental catch of darkblotched rockfish and POP, while keeping the catch of these species within their respective annual catch limits (ACLs).

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Proposed Rules]
[Pages 44984-44985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BG98


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Whiting; Pacific Coast 
Groundfish Fishery Management Plan; Amendment 21-3; Trawl 
Rationalization Program

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) submitted Amendment 21-3 to the Pacific Coast Groundfish 
Fishery Management Plan (PCGFMP) to the Secretary of Commerce for 
review. If approved, Amendment 21-3 would modify the PCGFMP to manage 
darkblotched rockfish and Pacific ocean perch (POP), currently 
overfished species, as set-asides or ``soft-caps'' rather than with 
allocations, or ``hard caps'' for the Pacific whiting at-sea sectors. 
This action is intended to avoid the risk of early fishery closures of 
the at-sea Pacific whiting sectors due to incidental catch of 
darkblotched rockfish and POP, while keeping the catch of these species 
within their respective annual catch limits (ACLs).

DATES: Comments on Amendment 21-3 must be received on or before Sunday, 
November 27, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0102, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0102, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Barry A. Thom., Regional 
Administrator, 7600 Sand Point Way NE., Seattle, WA 98115.

[[Page 44985]]

    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 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.), 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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Information relevant to Amendment 21-3, which includes a memo 
categorically excluding this action from National Environmental 
Protection Act, a regulatory impact review (RIR), and an initial 
regulatory flexibility analysis (RFA) are available for public review 
during business hours at the NMFS West Coast Regional Office at 7600 
Sand Point Way NE., Seattle, WA 98115, or by requesting them via phone 
or the email address listed in the FOR FURTHER INFORMATION CONTACT 
section. Copies of additional reports referred to in this document may 
also be obtained from the Council.

FOR FURTHER INFORMATION CONTACT: Miako Ushio, phone: 206-526-4644, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    FMP Amendment 21-3, background information and documents are 
available at the Council's Web site at http://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/. Additional background documents are available at the NMFS 
West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html.

Background

    NMFS manages the groundfish fisheries in the exclusive economic 
zone off Washington, Oregon, and California under the PCGFMP. The 
Council prepared and NMFS implemented the PCGFMP under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq. and by regulations at 50 CFR parts 
600 and 660. The Magnuson-Stevens Act requires that each regional 
fishery management council submit any federal management plan (FMP) or 
plan amendment it prepares to NMFS for review and approval, 
disapproval, or partial approval by the Secretary of Commerce. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, immediately publish a notice that the FMP or amendment is 
available for public review and comment. This notice announces that 
proposed Amendment 21-3 to the PCGFMP is available for public review 
and comment. NMFS will consider the public comments received during the 
comment period described above in determining whether to approve, 
partially approve, or disapprove Amendment 21-3 to the PCGFMP.
    Amendment 21-3 consists of two components: (1) Changes in the way 
two overfished species, darkblotched rockfish and POP are managed in 
the Pacific whiting at-sea sectors, and (2) allows automatic closure by 
NMFS of one or both of the at-sea sectors in the event that the set-
aside plus the available reserve for unforeseen catch events (known as 
the ``buffer'') of either species is projected to be reached.
    The Council has been exploring alternative management measures with 
the purpose of substantially reducing the risk of the Pacific whiting 
at-sea sectors (mothership [MS] and catcher processor [CP]) not 
attaining their respective whiting allocations based on the incidental 
catch of darkblotched rockfish or POP, which are currently overfished 
species subject to rebuilding plans. Timeliness and administrative 
feasibility were important considerations of the Council in exploring 
these measures. The proposed FMP amendment is intended to be an interim 
solution to address the immediate needs of the at-sea sectors with 
regards to incidental catch of darkblotched rockfish or POP.
    NMFS welcomes comments on the proposed FMP amendment through the 
end of the comment period. A proposed rule to implement Amendment 21-3 
has been submitted for Secretarial review and approval. NMFS expects to 
publish and request public review and comment on proposed regulations 
to implement Amendment 21-3 in the near future. For public comments on 
the proposed rule to be considered in the approval or disapproval 
decision on Amendment 21-3, those comments must be received by the end 
of the comment period on the amendment. All comments received by the 
end of 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 22, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-20692 Filed 9-26-17; 8:45 am]
 BILLING CODE 3510-22-P