82_FR_45170 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

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)

Page Range44984-44985
FR Document2017-20692

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 Issue 186 (Wednesday, September 27, 2017)
[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.

-----------------------------------------------------------------------

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



                                                      44984             Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules

                                                      Commission exempts records that                         anticipates no adverse comments. A                      Dated: September 11, 2017.
                                                      contain properly classified information                 detailed rationale for the approval is set            Cecil Rodrigues,
                                                      pertaining to national defense or foreign               forth in the direct final rule. If no                 Acting Regional Administrator, Region III.
                                                      policy. Application of exemption (k)(1)                 adverse comments are received in                      [FR Doc. 2017–20599 Filed 9–26–17; 8:45 am]
                                                      may be necessary to preclude                            response to this action, no further                   BILLING CODE 6560–50–P
                                                      individuals’ access to or amendment of                  activity is contemplated. If EPA receives
                                                      such classified information under the                   adverse comments, the direct final rule
                                                      Privacy Act. Pursuant to section                        will be withdrawn and all public                      DEPARTMENT OF COMMERCE
                                                      552a(k)(2) of the Privacy Act, and in                   comments received will be addressed in
                                                      order to protect the effectiveness of                   a subsequent final rule based on this                 National Oceanic and Atmospheric
                                                      Inspector General investigations by                     proposed rule. EPA will not institute a               Administration
                                                      preventing individuals who may be the                   second comment period. Any parties
                                                      subject of an investigation from                                                                              50 CFR Part 660
                                                                                                              interested in commenting on this action
                                                      obtaining access to the records and thus
                                                                                                              should do so at this time.                            RIN 0648–BG98
                                                      obtaining the opportunity to conceal or
                                                      destroy evidence or to intimidate                       DATES: Comments must be received in                   Magnuson-Stevens Act Provisions;
                                                      witnesses, the Commission exempts                       writing by October 27, 2017.                          Fisheries Off West Coast States;
                                                      records insofar as they include                                                                               Pacific Coast Groundfish Fishery;
                                                      investigatory material compiled for law                 ADDRESSES:   Submit your comments,
                                                                                                              identified by Docket ID No. EPA–R03–                  Pacific Whiting; Pacific Coast
                                                      enforcement purposes. However, if any                                                                         Groundfish Fishery Management Plan;
                                                      individual is denied any right, privilege,              OAR–2013–0408 at http://
                                                                                                                                                                    Amendment 21–3; Trawl
                                                      or benefit to which he is otherwise                     www.regulations.gov, or via email to
                                                                                                                                                                    Rationalization Program
                                                      entitled under Federal law due to the                   stahl.cynthia@epa.gov. For comments
                                                      maintenance of this material, such                      submitted at Regulations.gov, follow the              AGENCY:  National Marine Fisheries
                                                      material shall be provided to such                      online instructions for submitting                    Service (NMFS), National Oceanic and
                                                      individual except to the extent that the                comments. Once submitted, comments                    Atmospheric Administration (NOAA),
                                                      disclosure of such material would reveal                cannot be edited or removed from                      Commerce.
                                                      the identity of a source who furnished                  Regulations.gov. For either manner of                 ACTION: Notice of availability; request
                                                      information to the Government under an                  submission, EPA may publish any                       for comments.
                                                      express promise that the identity of the                comment received to its public docket.                SUMMARY:    NMFS announces that the
                                                      source would be held in confidence.                     Do not submit electronically any                      Pacific Fishery Management Council
                                                        By order of the Commission.                           information you consider to be                        (Council) submitted Amendment 21–3
                                                        Issued: September 21, 2017.                           confidential business information (CBI)               to the Pacific Coast Groundfish Fishery
                                                      Lisa R. Barton,                                         or other information whose disclosure is              Management Plan (PCGFMP) to the
                                                      Secretary to the Commission.                            restricted by statute. Multimedia                     Secretary of Commerce for review. If
                                                      [FR Doc. 2017–20615 Filed 9–26–17; 8:45 am]
                                                                                                              submissions (audio, video, etc.) must be              approved, Amendment 21–3 would
                                                                                                              accompanied by a written comment.                     modify the PCGFMP to manage
                                                      BILLING CODE 7020–02–P
                                                                                                              The written comment is considered the                 darkblotched rockfish and Pacific ocean
                                                                                                              official comment and should include                   perch (POP), currently overfished
                                                                                                              discussion of all points you wish to                  species, as set-asides or ‘‘soft-caps’’
                                                      ENVIRONMENTAL PROTECTION
                                                                                                              make. EPA will generally not consider                 rather than with allocations, or ‘‘hard
                                                      AGENCY                                                                                                        caps’’ for the Pacific whiting at-sea
                                                                                                              comments or comment contents located
                                                      40 CFR Part 52                                          outside of the primary submission (i.e.               sectors. This action is intended to avoid
                                                                                                              on the web, cloud, or other file sharing              the risk of early fishery closures of the
                                                      [EPA–R03–OAR–2013–0408; FRL–9968–19–                                                                          at-sea Pacific whiting sectors due to
                                                      Region 3]
                                                                                                              system). For additional submission
                                                                                                              methods, please contact the person                    incidental catch of darkblotched
                                                                                                              identified in the FOR FURTHER                         rockfish and POP, while keeping the
                                                      Air Plan Approval; Delaware; State                                                                            catch of these species within their
                                                      Implementation Plan for Interstate                      INFORMATION CONTACT section. For the
                                                                                                              full EPA public comment policy,                       respective annual catch limits (ACLs).
                                                      Transport for the 2008 Ozone Standard
                                                                                                              information about CBI or multimedia                   DATES: Comments on Amendment 21–3
                                                      AGENCY:  Environmental Protection                       submissions, and general guidance on                  must be received on or before Sunday,
                                                      Agency (EPA).                                           making effective comments, please visit               November 27, 2017.
                                                      ACTION: Proposed rule.                                  http://www2.epa.gov/dockets/                          ADDRESSES: You may submit comments
                                                                                                              commenting-epa-dockets.                               on this document, identified by NOAA–
                                                      SUMMARY:   The Environmental Protection                                                                       NMFS–2017–0102, by any of the
                                                      Agency (EPA) proposes to approve a                      FOR FURTHER INFORMATION CONTACT:                      following methods:
                                                      portion of the state implementation plan                Ellen Schmitt, (215) 814–5787, or by                     • Electronic Submission: Submit all
                                                      (SIP) revision submitted by the State of                email at schmitt.ellen@epa.gov.                       electronic public comments via the
                                                      Delaware that pertains to the interstate
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                    Federal e-Rulemaking Portal. Go to
                                                      transport requirements of the Clean Air                 SUPPLEMENTARY INFORMATION:      For                   www.regulations.gov/
                                                      Act (CAA) for the 2008 ozone national                   further information, please see the                   #!docketDetail;D=NOAA-NMFS-2017-
                                                      ambient air quality standards (NAAQS).                  information provided in the direct final              0102, click the ‘‘Comment Now!’’ icon,
                                                      In the Final Rules section of this issue                action, with the same title, ‘‘State                  complete the required fields, and enter
                                                      of the Federal Register, EPA is                         Implementation Plan for Interstate                    or attach your comments.
                                                      approving the State’s SIP submittal as a                Transport for the 2008 Ozone NAAQS,’’                    • Mail: Submit written comments to
                                                      direct final rule without prior proposal                that is located in the ‘‘Rules and                    Barry A. Thom., Regional
                                                      because the Agency views this as a                      Regulations’’ section of this issue of the            Administrator, 7600 Sand Point Way
                                                      noncontroversial submittal and                          Federal Register.                                     NE., Seattle, WA 98115.


                                                 VerDate Sep<11>2014   17:27 Sep 26, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\27SEP1.SGM   27SEP1


                                                                        Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules                                                44985

                                                         Instructions: Comments sent by any                   available at the NMFS West Coast                         The Council has been exploring
                                                      other method, to any other address or                   Region Web site at http://                            alternative management measures with
                                                      individual, or received after the end of                www.westcoast.fisheries.noaa.gov/                     the purpose of substantially reducing
                                                      the comment period, may not be                          fisheries/groundfish/index.html.                      the risk of the Pacific whiting at-sea
                                                      considered by NMFS. All comments                                                                              sectors (mothership [MS] and catcher
                                                                                                              Background
                                                      received are a part of the public record                                                                      processor [CP]) not attaining their
                                                      and will generally be posted for public                    NMFS manages the groundfish                        respective whiting allocations based on
                                                      viewing on www.regulations.gov                          fisheries in the exclusive economic zone              the incidental catch of darkblotched
                                                      without change. All personal identifying                off Washington, Oregon, and California
                                                                                                                                                                    rockfish or POP, which are currently
                                                      information (e.g., name, address, etc.),                under the PCGFMP. The Council
                                                                                                                                                                    overfished species subject to rebuilding
                                                      confidential business information, or                   prepared and NMFS implemented the
                                                                                                              PCGFMP under the authority of the                     plans. Timeliness and administrative
                                                      otherwise sensitive information                                                                               feasibility were important
                                                      submitted voluntarily by the sender will                Magnuson-Stevens Fishery
                                                                                                              Conservation and Management Act                       considerations of the Council in
                                                      be publicly accessible. NMFS will
                                                                                                              (Magnuson-Stevens Act), 16 U.S.C. 1801                exploring these measures. The proposed
                                                      accept anonymous comments (enter ‘‘N/
                                                      A’’ in the required fields if you wish to               et seq. and by regulations at 50 CFR                  FMP amendment is intended to be an
                                                      remain anonymous). Attachments to                       parts 600 and 660. The Magnuson-                      interim solution to address the
                                                      electronic comments will be accepted in                 Stevens Act requires that each regional               immediate needs of the at-sea sectors
                                                      Microsoft Word, Excel, or Adobe PDF                     fishery management council submit any                 with regards to incidental catch of
                                                      file formats only.                                      federal management plan (FMP) or plan                 darkblotched rockfish or POP.
                                                         Information relevant to Amendment                    amendment it prepares to NMFS for                        NMFS welcomes comments on the
                                                      21–3, which includes a memo                             review and approval, disapproval, or                  proposed FMP amendment through the
                                                      categorically excluding this action from                partial approval by the Secretary of                  end of the comment period. A proposed
                                                      National Environmental Protection Act,                  Commerce. The Magnuson-Stevens Act                    rule to implement Amendment 21–3 has
                                                      a regulatory impact review (RIR), and an                also requires that NMFS, upon receiving               been submitted for Secretarial review
                                                      initial regulatory flexibility analysis                 an FMP or amendment, immediately                      and approval. NMFS expects to publish
                                                      (RFA) are available for public review                   publish a notice that the FMP or                      and request public review and comment
                                                      during business hours at the NMFS                       amendment is available for public                     on proposed regulations to implement
                                                      West Coast Regional Office at 7600 Sand                 review and comment. This notice                       Amendment 21–3 in the near future. For
                                                      Point Way NE., Seattle, WA 98115, or by                 announces that proposed Amendment                     public comments on the proposed rule
                                                      requesting them via phone or the email                  21–3 to the PCGFMP is available for                   to be considered in the approval or
                                                      address listed in the FOR FURTHER                       public review and comment. NMFS will                  disapproval decision on Amendment
                                                      INFORMATION CONTACT section. Copies of                  consider the public comments received                 21–3, those comments must be received
                                                      additional reports referred to in this                  during the comment period described
                                                                                                                                                                    by the end of the comment period on
                                                      document may also be obtained from                      above in determining whether to
                                                      the Council.                                                                                                  the amendment. All comments received
                                                                                                              approve, partially approve, or
                                                                                                                                                                    by the end of the comment period for
                                                      FOR FURTHER INFORMATION CONTACT:                        disapprove Amendment 21–3 to the
                                                                                                                                                                    the amendment, whether specifically
                                                      Miako Ushio, phone: 206–526–4644, or                    PCGFMP.
                                                                                                                 Amendment 21–3 consists of two                     directed to the amendment or the
                                                      email: Miako.Ushio@noaa.gov.
                                                                                                              components: (1) Changes in the way two                proposed rule, will be considered in the
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                              overfished species, darkblotched                      approval/disapproval decision.
                                                      Electronic Access                                       rockfish and POP are managed in the                     Authority: 16 U.S.C. 1801 et seq.
                                                         FMP Amendment 21–3, background                       Pacific whiting at-sea sectors, and (2)                 Dated: September 22, 2017.
                                                      information and documents are                           allows automatic closure by NMFS of
                                                      available at the Council’s Web site at                  one or both of the at-sea sectors in the              Emily H. Menashes,
                                                      http://www.pcouncil.org/groundfish/                     event that the set-aside plus the                     Acting Director, Office of Sustainable
                                                      fishery-management-plan/groundfish-                     available reserve for unforeseen catch                Fisheries, National Marine Fisheries Service.
                                                      amendments-in-development/.                             events (known as the ‘‘buffer’’) of either            [FR Doc. 2017–20692 Filed 9–26–17; 8:45 am]
                                                      Additional background documents are                     species is projected to be reached.                   BILLING CODE 3510–22–P
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




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Document Created: 2018-10-24 14:45:51
Document Modified: 2018-10-24 14:45:51
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; request for comments.
DatesComments on Amendment 21-3 must be received on or before Sunday, November 27, 2017.
ContactMiako Ushio, phone: 206-526-4644, or email: [email protected]
FR Citation82 FR 44984 
RIN Number0648-BG98

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