82_FR_46400 82 FR 46209 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Commercial Management Measures

82 FR 46209 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Commercial Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46209-46210
FR Document2017-21254

This advanced notice of proposed rulemaking provides information on a request by the Pacific Fishery Management Council (Council) to announce deliberations of potential accumulation limits for Catcher Processor Permit use or ownership in the Pacific Coast groundfish fishery. The Council may not count any acquisition and usage of Catcher Processor permits and/or usage of Catcher Processor allocation after the date of June 13, 2017, in any decision setting accumulation limits. NMFS invites comments on this document.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Proposed Rules]
[Pages 46209-46210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21254]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170630616-7875-01]
RIN 0648-BH00


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Commercial Management Measures

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

ACTION: Advanced notice of proposed rulemaking; request for comments.

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

SUMMARY: This advanced notice of proposed rulemaking provides 
information on a request by the Pacific Fishery Management Council 
(Council) to announce deliberations of potential accumulation limits 
for Catcher Processor Permit use or ownership in the Pacific Coast 
groundfish fishery. The Council may not count any acquisition and usage 
of Catcher Processor permits and/or usage of Catcher Processor 
allocation after the date of June 13, 2017, in any decision setting 
accumulation limits. NMFS invites comments on this document.

DATES: Written comments must be received by November 3, 2017.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2017-0109'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/

[[Page 46210]]

#!docketDetail;D=NOAA-NMFS-2017-0109, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Frank Lockhart, NMFS West 
Coast Regional Office, 7600 Sand Point Way NE., Seattle, WA 98115.
    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).

FOR FURTHER INFORMATION CONTACT: Frank Lockhart, NMFS West Coast 
Regional Office, telephone: 206-526-6142, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Pacific Fishery Management Council 
(Council) recommended and the National Marine Fisheries Service (NMFS) 
implemented the Pacific Coast groundfish trawl catch share program 
(Program) off Washington, Oregon and California, starting on January 
11, 2011. The Program changed management of harvest in the trawl 
fishery from a trip limit system with cumulative vessel trip limits to 
a quota system in which each quota share could generally be harvested 
at any time during an open season. The Program has increased 
fishermen's flexibility in making decisions on when and how much quota 
to fish.
    The Magnuson-Stevens Act requires that councils undertake reviews 
within 5 years after implementation of limited access privilege 
programs such as the Pacific Coast groundfish trawl catch share 
program. The Council initiated its review in 2016, and expects to 
recommend changes to the Program in the coming months.
    One of the issues that the Council is considering is accumulation 
limits for the Catcher Processor (CP) sector. In establishing the 
initial Program, the Council addressed accumulation limits for the 
ownership or control within the shoreside IFQ sector and the mothership 
sector, but not the CP sector. The accumulation limits were meant to 
prevent consolidation at levels that could result in an excessive share 
being acquired by a single entity. At the June 2017 Council meeting, 
the Council began considering whether or not similar accumulation 
limits on ownership or control should be applied to the CP sector as 
well, and it recommended that NMFS announce the start of these 
deliberations in the Federal Register.
    In advance of a rulemaking on changes to the Program, this document 
announces that the Council may not count any activities related to 
acquisition and usage of CP permits and/or usage of CP allocation after 
the date of June 13, 2017, when establishing accumulation limits for 
the CP sector. This is intended to discourage increased acquisition and 
usage of CP permits and/or usage of CP allocation for the purpose of 
economic speculation while the Council develops and considers changes 
to the Program.
    This announcement does not commit the Council or the NMFS to any 
particular outcome. The Council may or may not make use of this date as 
part of any deliberations and decisions on acquisition and usage of CP 
permits and/or usage of CP allocation. Fishery participants are not 
guaranteed future participation in the program, regardless of their 
entry date or level of participation in the fishery before or after 
June 13, 2017. It is important to note that continuation of levels of 
accumulation that predate June 13, 2017 are not guaranteed. The Council 
also may choose to take no further action.

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

    Dated: September 28, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-21254 Filed 10-3-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules                                                                                       46209

                                                  List of Subjects in 50 CFR Part 622                                           commercial vessel moratorium permit                                            stowed. For the purposes of this
                                                    Commercial, Fisheries, Fishing, Gulf,                                       for Gulf shrimp that is not renewed will                                       paragraph, transit means non-stop
                                                  Permits, Shrimp.                                                              be terminated and will not be reissued                                         progression through the Gulf EEZ.
                                                                                                                                during the moratorium. A permit is                                             Fishing gear appropriately stowed
                                                    Dated: September 27, 2017.                                                  considered to be not renewed when an                                           means trawl doors and nets must be out
                                                  Samuel D. Rauch III,                                                          application for renewal, as required, is                                       of the water and the bag straps must be
                                                  Deputy Assistant Administrator for                                            not received by the RA within 1 year of                                        removed from the net.
                                                  Regulatory Programs, National Marine                                          the expiration date of the permit.                                             ■ 3. Amend § 622.55 by:
                                                  Fisheries Service.
                                                                                                                                   (iii) When NMFS has determined that                                         ■ a. Designating the table in paragraph
                                                    For the reasons set out in the                                              the number of commercial vessel                                                (b) as Table 1 to paragraph (b);
                                                  preamble, 50 CFR part 622 is proposed                                         moratorium permits for Gulf shrimp has                                         ■ b. Revising paragraph (c)(1);
                                                  to be amended as follows:                                                     reached the threshold number of                                                ■ c. Designating the table after
                                                                                                                                permits as described in the FMP, then                                          paragraph (d)(2) as Table 3 to paragraph
                                                  PART 622—FISHERIES OF THE                                                     a commercial vessel moratorium permit
                                                  CARIBBEAN, GULF, AND SOUTH                                                                                                                                   (d), the table after paragraph (d)(3) as
                                                                                                                                for Gulf shrimp that is not renewed will                                       Table 4 to paragraph (d), and the table
                                                  ATLANTIC                                                                      be converted to a Gulf shrimp reserve                                          after paragraph (d)(4) as Table 5 to
                                                  ■ 1. The authority citation for part 622                                      pool permit and held by NMFS for                                               paragraph (d);
                                                  continues to read as follows:                                                 possible reissuance. Gulf shrimp reserve                                       ■ d. In paragraph (e) designating the
                                                                                                                                pool permits will not be issued until                                          table as Table 6 to paragraph (e).
                                                      Authority: 16 U.S.C. 1801 et seq.                                         eligibility requirements are developed
                                                  ■ 2. In § 622.50, revise paragraph                                                                                                                              The revision to read as follows:
                                                                                                                                and implemented through subsequent
                                                  (b)(3)(ii), and add paragraphs (b)(3)(iii)                                    rulemaking.                                                                    § 622.55         Closed area.
                                                  and (e) to read as follows:                                                   *       *    *    *    *                                                       *     *     *    *     *
                                                  § 622.50 Permits, permit moratorium, and                                         (e) Gulf shrimp transit provision. A                                          (c) * * *
                                                  endorsements.                                                                 vessel that does not have a valid Gulf                                           (1) The Tortugas shrimp sanctuary is
                                                  *      *   *      *     *                                                     shrimp moratorium permit, as described                                         closed to trawling. The Tortugas shrimp
                                                    (b) * * *                                                                   in paragraphs (a) and (b) of this section,                                     sanctuary is that part of the EEZ off
                                                    (3) * * *                                                                   may possess Gulf shrimp when in                                                Florida shoreward of rhumb lines
                                                    (ii) Except as provided for in                                              transit in the Gulf EEZ provided that the                                      connecting, in order, the following
                                                  paragraph (b)(3)(iii) of this section, a                                      shrimp fishing gear is appropriately                                           points:

                                                                                                                                        TABLE 1 TO PARAGRAPH (c)(1)
                                                                                                                                      Point                                                                                           North lat.    West long.

                                                  N 1 ............................................................................................................................................................................      25°52′54″     81°37′56″
                                                  F ...............................................................................................................................................................................     24°50′42″     81°51′18″
                                                  G 2 ............................................................................................................................................................................      24°40′00″     82°26′39″
                                                  H 3 ............................................................................................................................................................................      24°34′44″     82°35′27″
                                                  P 4 ............................................................................................................................................................................      24°35′00″     82°08′00″
                                                      1 Coon Key Light.
                                                      2 New Ground Shoals Light.
                                                      3 Rebecca Shoals Light.
                                                      4 Marquesas Keys.




                                                  *     *     *     *    *                                                      DEPARTMENT OF COMMERCE                                                         information on a request by the Pacific
                                                  ■ 4. In § 622.73, add paragraph (c) to                                                                                                                       Fishery Management Council (Council)
                                                                                                                                National Oceanic and Atmospheric                                               to announce deliberations of potential
                                                  read as follows:
                                                                                                                                Administration                                                                 accumulation limits for Catcher
                                                  § 622.73        Prohibited species.                                                                                                                          Processor Permit use or ownership in
                                                  *     *    *     *    *                                                       50 CFR Part 660                                                                the Pacific Coast groundfish fishery. The
                                                                                                                                [Docket No. 170630616–7875–01]
                                                                                                                                                                                                               Council may not count any acquisition
                                                    (c) Wild live rock may not be                                                                                                                              and usage of Catcher Processor permits
                                                  harvested or possessed in or from the                                         RIN 0648–BH00                                                                  and/or usage of Catcher Processor
                                                  Gulf EEZ.                                                                                                                                                    allocation after the date of June 13,
                                                  [FR Doc. 2017–21039 Filed 10–3–17; 8:45 am]                                   Magnuson-Stevens Act Provisions;                                               2017, in any decision setting
                                                  BILLING CODE 3510–22–P
                                                                                                                                Fisheries Off West Coast States;                                               accumulation limits. NMFS invites
                                                                                                                                Pacific Coast Groundfish Fishery;                                              comments on this document.
                                                                                                                                Commercial Management Measures                                                 DATES: Written comments must be
                                                                                                                                AGENCY:  National Marine Fisheries                                             received by November 3, 2017.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                Service (NMFS), National Oceanic and                                           ADDRESSES: You may submit comments
                                                                                                                                Atmospheric Administration (NOAA),                                             on the proposed rule identified by
                                                                                                                                Commerce.                                                                      ‘‘NOAA–NMFS–2017–0109’’ by either
                                                                                                                                ACTION: Advanced notice of proposed                                            of the following methods:
                                                                                                                                rulemaking; request for comments.                                                 • Electronic Submission: Submit all
                                                                                                                                                                                                               electronic public comments via the
                                                                                                                                SUMMARY: This advanced notice of                                               Federal e-Rulemaking Portal. Go to
                                                                                                                                proposed rulemaking provides                                                   www.regulations.gov/


                                             VerDate Sep<11>2014          18:17 Oct 03, 2017          Jkt 244001       PO 00000        Frm 00037        Fmt 4702        Sfmt 4702       E:\FR\FM\04OCP1.SGM                04OCP1


                                                  46210                Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules

                                                  #!docketDetail;D=NOAA-NMFS-2017-                        The Program changed management of                        In advance of a rulemaking on
                                                  0109, click the ‘‘Comment Now!’’ icon,                  harvest in the trawl fishery from a trip              changes to the Program, this document
                                                  complete the required fields, and enter                 limit system with cumulative vessel trip              announces that the Council may not
                                                  or attach your comments.                                limits to a quota system in which each                count any activities related to
                                                     • Mail: Submit written comments to                   quota share could generally be                        acquisition and usage of CP permits
                                                  Frank Lockhart, NMFS West Coast                         harvested at any time during an open                  and/or usage of CP allocation after the
                                                  Regional Office, 7600 Sand Point Way                    season. The Program has increased                     date of June 13, 2017, when establishing
                                                  NE., Seattle, WA 98115.                                 fishermen’s flexibility in making                     accumulation limits for the CP sector.
                                                     Instructions: Comments sent by any                   decisions on when and how much quota                  This is intended to discourage increased
                                                  other method, to any other address or                   to fish.                                              acquisition and usage of CP permits
                                                  individual, or received after the end of                   The Magnuson-Stevens Act requires                  and/or usage of CP allocation for the
                                                  the comment period, may not be                          that councils undertake reviews within                purpose of economic speculation while
                                                  considered by NMFS. All comments                        5 years after implementation of limited               the Council develops and considers
                                                  received are a part of the public record                access privilege programs such as the                 changes to the Program.
                                                  and will generally be posted for public                 Pacific Coast groundfish trawl catch                     This announcement does not commit
                                                  viewing on www.regulations.gov                          share program. The Council initiated its              the Council or the NMFS to any
                                                  without change. All personal identifying                review in 2016, and expects to                        particular outcome. The Council may or
                                                  information (e.g., name, address, etc.),                recommend changes to the Program in                   may not make use of this date as part
                                                  confidential business information, or                   the coming months.                                    of any deliberations and decisions on
                                                  otherwise sensitive information                            One of the issues that the Council is              acquisition and usage of CP permits
                                                  submitted voluntarily by the sender will                considering is accumulation limits for                and/or usage of CP allocation. Fishery
                                                  be publicly accessible. NMFS will                       the Catcher Processor (CP) sector. In                 participants are not guaranteed future
                                                  accept anonymous comments (enter                        establishing the initial Program, the                 participation in the program, regardless
                                                  ‘‘N/A’’ in the required fields if you wish              Council addressed accumulation limits                 of their entry date or level of
                                                  to remain anonymous).                                   for the ownership or control within the               participation in the fishery before or
                                                                                                          shoreside IFQ sector and the mothership               after June 13, 2017. It is important to
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          sector, but not the CP sector. The                    note that continuation of levels of
                                                  Frank Lockhart, NMFS West Coast                         accumulation limits were meant to
                                                  Regional Office, telephone: 206–526–                                                                          accumulation that predate June 13, 2017
                                                                                                          prevent consolidation at levels that                  are not guaranteed. The Council also
                                                  6142, or email: frank.lockhart@                         could result in an excessive share being
                                                  noaa.gov.                                                                                                     may choose to take no further action.
                                                                                                          acquired by a single entity. At the June
                                                                                                                                                                  Authority: 16 U.S.C. 1801 et seq.
                                                  SUPPLEMENTARY INFORMATION:     The                      2017 Council meeting, the Council
                                                  Pacific Fishery Management Council                      began considering whether or not                        Dated: September 28, 2017.
                                                  (Council) recommended and the                           similar accumulation limits on                        Samuel D. Rauch, III,
                                                  National Marine Fisheries Service                       ownership or control should be applied                Deputy Assistant Administrator for
                                                  (NMFS) implemented the Pacific Coast                    to the CP sector as well, and it                      Regulatory Programs, National Marine
                                                  groundfish trawl catch share program                    recommended that NMFS announce the                    Fisheries Service.
                                                  (Program) off Washington, Oregon and                    start of these deliberations in the                   [FR Doc. 2017–21254 Filed 10–3–17; 8:45 am]
                                                  California, starting on January 11, 2011.               Federal Register.                                     BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS




                                             VerDate Sep<11>2014   18:17 Oct 03, 2017   Jkt 244001   PO 00000   Frm 00038   Fmt 4702   Sfmt 9990   E:\FR\FM\04OCP1.SGM   04OCP1



Document Created: 2018-10-25 09:55:47
Document Modified: 2018-10-25 09:55:47
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
ActionAdvanced notice of proposed rulemaking; request for comments.
DatesWritten comments must be received by November 3, 2017.
ContactFrank Lockhart, NMFS West Coast Regional Office, telephone: 206-526-6142, or email: [email protected]
FR Citation82 FR 46209 
RIN Number0648-BH00

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR