82_FR_50314 82 FR 50106 - 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 50106 - 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 208 (October 30, 2017)

Page Range50106-50112
FR Document2017-23456

NMFS proposes this interim measure to change the management of the Pacific whiting at-sea sectors' (i.e., the Mothership (MS) and Catcher/Processor (C/P) sectors) allocations for darkblotched rockfish and Pacific ocean perch (POP) by managing the allocations as set-asides rather than as total catch limits. This rule also proposes regulations in accordance with Amendment 21-3 to the Pacific Coast Groundfish Fishery Management Plan (PCGFMP) (see electronic access under SUPPLEMENTARY INFORMATION). The proposed action would revise regulations so that higher than anticipated harvest of darkblotched rockfish or POP that exceeds a sector's initial distribution of those species would not require automatic closure of one or more of the Pacific whiting at-sea sectors. This action is intended to reduce the risk of those sectors not attaining their respective Pacific whiting allocations based on the incidental catch of darkblotched rockfish or POP, when allowing the sector(s) to remain open would not exceed their respective annual catch limit (ACLs). This action would not change or increase the risk of exceeding darkblotched rockfish or POP ACL, as the proposed rule would also allow NMFS to close one or both of the MS and C/P sectors via automatic action if the species-specific set-aside amounts plus the available reserve for unforeseen catch events, known colloquially as the ``buffer,'' are anticipated to be exceeded.

Federal Register, Volume 82 Issue 208 (Monday, October 30, 2017) 
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Proposed Rules]
[Pages 50106-50112]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23456]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170627602-7602-01]
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: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes this interim measure to change the management of 
the Pacific whiting at-sea sectors' (i.e., the Mothership (MS) and 
Catcher/Processor (C/P) sectors) allocations for darkblotched rockfish 
and Pacific ocean perch (POP) by managing the allocations as set-asides 
rather than as total catch limits. This rule also proposes regulations 
in accordance with Amendment 21-3 to the Pacific Coast Groundfish 
Fishery Management Plan (PCGFMP) (see electronic access under 
SUPPLEMENTARY INFORMATION). The proposed action would revise 
regulations so that higher than anticipated harvest of darkblotched 
rockfish or POP that exceeds a sector's initial distribution of those 
species would not require automatic closure of one or more of the 
Pacific whiting at-sea sectors. This action is intended to reduce the 
risk of those sectors not attaining their respective Pacific whiting 
allocations based on the incidental catch of darkblotched rockfish or 
POP, when allowing the sector(s) to remain open would not exceed their 
respective annual catch limit (ACLs). This action would not change or 
increase the risk of exceeding darkblotched rockfish or POP ACL, as the 
proposed rule would also allow NMFS to close one or both of the MS and 
C/P sectors via automatic action if the species-specific set-aside 
amounts plus the available reserve for unforeseen catch events, known 
colloquially as the ``buffer,'' are anticipated to be exceeded.

DATES: Comments on this proposed rule must be received no later than 
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: Barry A. Thom, Regional Administrator, West Coast 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Miako Ushio.
    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

[[Page 50107]]

Microsoft Word, Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This proposed rule is accessible via the Internet at the Office of 
the Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the NMFS West 
Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management 
Council's Web site at http://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/. On September 27, 
2017, NMFS published a notice of availability of Amendment 21-3 to the 
PCGFMP (82 FR 44984). Consistent with requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
NMFS must make a decision to approve, disapprove, or partially approve 
the amendment by December 26, 2017. Comments on the approvability of 
the amendment must be submitted to NMFS by November 26, 2017.

Background: Fishery

    Bycatch of rockfish species in the Pacific whiting fishery occurs 
at very low rates, but sporadically and unpredictably. Regulations at 
50 CFR 660.55 address the allocation of these groundfish. Darkblotched 
rockfish and POP are caught almost exclusively by vessels in the 
shorebased Individual Fishing Quota (IFQ) and at-sea Pacific whiting 
sectors of the groundfish fishery. NMFS declared both species 
overfished in 2000 and 1999, respectively, and both stocks are 
currently managed under rebuilding plans as a result. Populations of 
both species have shown dramatic improvement in recent years. 
Darkblotched rockfish was declared rebuilt in June 2017, and a draft 
2017 stock assessment indicates that POP may be rebuilt. They are 
currently managed as allocations, and NMFS automatically closes a 
fishery sector when it has reached its allocation of either species.
    In recent years, both at-sea sectors of the Pacific whiting fishery 
have exceeded their initial annual allocation of darkblotched rockfish 
(C/P sector in 2011, and the MS sector in 2014). The latter resulted in 
an emergency Pacific Fishery Management Council (Council) meeting in 
order to re-open the fishery. The risk of an inseason closure of these 
sectors remains high, although the rebuilding ACLs of these rockfish 
are far from being reached. For example: The most recent fishing 
mortality estimates by NMFS' Northwest Fisheries Science Center 
indicate that 44 and 38 percent of the darkblotched rockfish and POP 
ACLs, respectively, were caught in 2015. While harvest of these species 
at a level below the ACL may rebuild stocks more quickly, there is a 
negative socioeconomic impact from preventing harvest of Pacific 
whiting, as intended in the PCGFMP.

Background: Current Allocations Under Amendment 21

    The Council established allocations of darkblotched rockfish and 
POP for the at-sea sectors in Amendment 21 to the PCGFMP. When the 
Council considered allocation of these species, the analysis only 
incorporated data on catch through 2005, and took the overfished status 
of the species into account when they set up the allocation structure. 
Ten years of additional data on bycatch in the at-sea sectors are now 
available. Additionally, six full years of the Shorebased IFQ Program 
(which was implemented in 2011, 75 FR 60868) fishery information is 
available. This new information indicates that the stocks of both 
species are currently much healthier than they were at the time 
Amendment 21 was implemented.
    The Council's Amendment 21 allocation recommendation was based, in 
part, on the idea that the C/P and MS sectors could avoid early 
closures by moving to areas of lower rockfish encounter rates if they 
were approaching a bycatch allocation. However, experience has shown 
that this assumption was likely too simplistic. Despite the mitigating 
measures enacted by the C/P and MS coops, darkblotched rockfish bycatch 
remains particularly variable with the potential for rapid 
accumulation. The 2014 closure of the MS sector provides an 
illustration; closure occurred after six hauls caught 4.5 mt of 
darkblotched rockfish, nearly 75 percent of their 2014 allocation, with 
the bulk coming from three of the hauls. Some of the largest hauls were 
delivered to motherships so closely in time that feedback on the size 
of the catches from observers came too late for the MS coop to 
effectively respond. Prior to this ``lightning strike'' event, the 
sector had made 969 hauls and caught only 2.5 mt of darkblotched 
rockfish. After the sector was re-opened by an emergency meeting of the 
Council, the sector made 330 additional hauls that brought in over 
14,500 mt of Pacific whiting and only 0.1 mt of additional darkblotched 
rockfish. The C/P sector has experienced even more rapid accumulations 
of darkblotched rockfish bycatch, and would have been closed late in 
the 2011 season if unused allocation had not been available from the MS 
sector, which had already completed fishing. These events indicate that 
the current management structure may be adversely impacting the at-sea 
sectors to a greater degree than was anticipated when the Council 
adopted the current allocation structure under Amendment 21, due to 
unpredictability and high volume of bycatch events.

Background: Amendment 21-3

    The Council has discussed a variety of solutions to reducing the 
risk of closure of the Pacific whiting at-sea sectors prior to 
attainment of their Pacific whiting allocations, such as allowing 
transfer of rockfish quota between sectors, but it determined that 
those solutions are too complex to be analyzed and implemented in a 
timely manner. At its September 2016 meeting, the Council recommended 
the interim measure of amending the PCGFMP and implementing revised 
regulations, so that the amounts of darkblotched rockfish and POP 
allocated to the C/P and MS sectors are managed as set-asides rather 
than as total catch limits. The Council also recommended giving NMFS 
inseason authority to automatically close one or both of the C/P and MS 
sectors in the event the species-specific set-aside amounts plus the 
available reserve for unforeseen catch events, known colloquially as 
the ``buffer,'' are anticipated to be exceeded.
    This action would not revise allocations between sectors, which 
were set by Amendment 21 to the PCGFMP, and is intended to be an 
interim solution to address the immediate needs of the C/P and MS 
sectors. Long-term solutions are being reviewed by a Council-appointed 
Community Advisory Board as part of the 5-year review of the trawl 
rationalization program. A long-term solution to address the needs of 
the C/P and MS sectors will focus specifically on fairly and equitably 
revising the allocation between the trawl sectors, and among all the 
groundfish fishery sectors, while leaving any applicable stock 
rebuilding plans unaffected.

Intent of the Action

    This proposed action is intended to substantially reduce the risk 
of the Pacific whiting at-sea sectors not attaining their respective 
Pacific whiting

[[Page 50108]]

allocations based on the incidental catch of darkblotched rockfish or 
POP, when allowing the sector(s) to remain open would not exceed ACLs 
for these rebuilding stocks. It would revise regulations so that higher 
than anticipated harvest of darkblotched rockfish or POP that exceeds 
the initial distribution of those species to the at-sea sectors will 
not require automatic closure of one or more of the at-sea sectors.
    The proposed rule would also allow NMFS to close one or both of the 
C/P and MS sectors of the Pacific whiting fishery via automatic action 
when the set-aside for that sector, plus the available reserve for 
unforeseen catch events, is reached or is expected to be reached for 
either darkblotched rockfish or POP. Because of near real-time 
monitoring by the C/P and MS Coop Programs, and the ability of those 
programs to respond quickly to changing fishery conditions, closures 
would occur before allocations to other fisheries or the ACLs are 
reached, thus limiting the potential effects and precluding potential 
negative biological and socioeconomic impacts of the proposed action.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, NMFS 
has preliminarily determined that this proposed rule is consistent with 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment. In making its final determination, 
NMFS will take into account the complete record, including the data, 
views, and comments received during the comment period.
    NMFS has determined that the proposed action would not have a 
significant effect, individually or cumulatively, on the human 
environment and does not involve any extraordinary circumstances listed 
in The National Oceanic and Atmospheric Administration (NOAA) Policy 
and Procedures for Compliance with the National Environmental Policy 
Act and Related Authorities (NOAA Administrative Order (NAO) 216-6A and 
the Companion Manual for NAO 216-6A). For purposes of review under the 
National Environmental Protection Act, the proposed action is not part 
of any larger action, and can be reviewed independently. Furthermore, 
NMFS determined that the proposed action may appropriately be 
categorically excluded from the requirement to prepare either an 
environmental assessment or environmental impact statement, in 
accordance with the Companion Manual for NAO 216-6A.
    Under the Regulatory Flexibility Act (RFA), an agency does not need 
to conduct an Initial Regulatory Flexibility Act Analysis or Final 
Regulatory Flexibility Act Analysis if a certification can be made that 
the proposed rule, if adopted, will not have a significant adverse 
economic impact on a substantial number of small entities, as defined 
below (5 U.S.C. 601). The Chief Counsel for Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as described in this document.
    The Small Business Administration has established the following 
size criteria for entities classified under North American Industry 
Classification System (NAICS). Standards are expressed either in number 
of employees or annual receipts in millions of dollars. The number of 
employees or annual receipts indicates the maximum allowed for a 
concern and its affiliates to be considered small (13 CFR 121.201). A 
fish and seafood merchant wholesaler primarily engaged in servicing the 
fishing industry is a small business if it employs 100 or fewer 
persons, on a full-time, part-time, temporary, or other basis, at all 
its affiliated operations worldwide (NAICS 424460). A business 
primarily engaged in seafood product preparation and packaging is a 
small business if it is independently owned and operated, not dominant 
in its field of operation, and employs 750 or fewer persons on a full 
time, part time, temporary, or other basis, at all its affiliated 
operations worldwide (NAICS 311710). For purposes of this action, NMFS 
West Coast Region is applying the seafood processor standard to C/Ps 
and MS processor ships, which earn the majority of their revenue from 
selling processed seafood product. Under SBA size standards, a 
nonprofit organization is determined to be a small entity if (1) it is 
not dominant in its field of operation; and (2) for environmental, 
conservation, or professional organizations if combined annual receipts 
are $15 million or less (NAICS 813312, 813920), and for other 
organizations if combined annual receipts are $7.5 million or less 
(NAICS 813319, 813410, 813910, 813930, 813940, 813990). For RFA 
purposes only, NMFS has established a small business size standard for 
businesses, including their affiliates, whose primary industry is 
commercial fishing; a business primarily engaged in commercial fishing 
(NAICS 11411) is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including affiliates), and has combined annual receipts not in excess 
of $11 million for all its affiliated operations worldwide (50 CFR 
200.2).
    For the purposes of the RFA, small governmental jurisdictions such 
as governments of cities, counties, towns, townships, villages, school 
districts, or special districts are considered small jurisdictions if 
their populations are less than 50,000 (5 U.S.C. 601).
    A description and estimate of the number of small entities to which 
the rule applies and economic impacts on small entities, by entity size 
and industry.
    Four companies own seven permitted mothership vessels. Each year, 
three to six MS vessels participate in the Pacific whiting fishery. The 
average number of crew on each MS vessel is 104 individuals. When 
considering operations in Alaska, none of the MSs would be considered 
small businesses.
    The 17 catcher vessels that participated in the mothership coop 
spend about 30 percent of their total annual fishing days processing in 
the Pacific whiting fishery. The majority of their time is spent in the 
Alaska Pollock fishery. Almost 90 percent of the overall round weight 
taken by these vessels is taken in Alaska, and approximately 11 percent 
is taken in the Pacific whiting fishery.
    Three companies own nine permitted C/P fleet vessels. C/Ps are 
large vessels with an average crew of 131 individuals.
    Vessels in the C/P fleet spend about 20 percent of their total days 
fishing in the Pacific whiting fishery and 80 percent in the Alaska 
Pollock fishery. About 90 percent of the total round weigh taken by the 
C/Ps is taken in Alaska, and approximately 10 percent is taken in the 
Pacific whiting fishery. When considering operations from Alaska, none 
of the C/Ps would be considered small businesses.
    An explanation of the criteria used to evaluate whether the rule 
would impose ``significant impacts'' on small entities.
    The proposed action is primarily administrative in nature, as it 
does not change the ACLs for either the Pacific whiting at-sea sectors 
or the allocations levels of darkblotched rockfish and POP. This action 
is not expected to significantly reduce profit for a substantial number 
of small entities, because there are no associated compliance 
requirements or costs.
    An explanation of the criteria used to evaluate whether the rule 
would impose

[[Page 50109]]

impacts on``a substantial number'' of small entities.
    Two MS permit/processor owning companies self-identified on the 
most recent (2016) permit renewal as small businesses, and the other 
two identified as not being small businesses. All three companies 
owning C/P permits and vessels responded as not being small entities on 
the most recent (2016) permit renewal form. Of the 35 MS catcher vessel 
permits, 34 were registered to vessels with the MS catcher vessel 
endorsement. 27 MS catcher vessel endorsed permits were owned by 22 
companies that self-identified as small entities, and the other 8 were 
owned by 5 companies that self-identified as not being small entities.
    A description of, and an explanation of the basis for, assumptions 
used.
    Data collected from the trawl rationalization program Economic Data 
Collection was used for this analysis.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action. There are no reporting, recordkeeping or 
other compliance requirements in the proposed rule.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the PCGFMP. Consistent with the Magnuson-
Stevens Act (16 U.S.C. 1852(b)(5)), one of the voting members of the 
Pacific Council is a representative of an Indian tribe with Federally 
recognized fishing rights from the area of the Council's jurisdiction.
    This proposed rule would not alter the effects on species listed 
under the Endangered Species Act, or on marine mammals, over what has 
already been considered for the regulations governing the fishery.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: October 24, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
 1. The authority citation for part 660 continues to read as follows:

     Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.

0
2. In Sec.  660.55, (c)(1)(i) introductory text, and (c)(1)(i)(A) and 
(B) are revised to read as follows:


Sec.  660.55   Allocations.

* * * * *
    (c) * * *
    (1) * * *
    (i) Trawl fishery allocation. The allocation for the limited entry 
trawl fishery is derived by applying the trawl allocation percentage by 
species/species group and area as specified in paragraph (c) of this 
section and as specified during the biennial harvest specifications 
process to the fishery harvest guideline for that species/species group 
and area. For IFQ species other than-darkblotched rockfish, Pacific 
ocean perch, and widow rockfish, the trawl allocation will be further 
subdivided among the trawl sectors (MS, C/P, and IFQ) as specified in 
Sec. Sec.  660.140, 660.150, and 660.160 of subpart D. For darkblotched 
rockfish, Pacific ocean perch, and widow rockfish, the trawl allocation 
is further subdivided among the trawl sectors (MS, C/P, and IFQ) as 
follows:
    (A) Darkblotched rockfish. Distribute 9 percent or 25 mt, whichever 
is greater, of the total trawl allocation of darkblotched rockfish to 
the Pacific whiting fishery (MS sector, C/P sector, and Shorebased IFQ 
sectors). The distribution of allocation of darkblotched rockfish to 
each of these sectors will be done pro rata relative to the sector's 
allocation of the commercial harvest guideline for Pacific whiting. 
Darkblotched rockfish distributed to the MS sector and C/P sector are 
managed as set-asides at Table 2d, subpart C. The allocation of 
darkblotched rockfish to the Pacific whiting IFQ fishery contributes to 
the Shorebased IFQ allocation. After deducting allocations for the 
Pacific whiting fishery, the remaining trawl allocation is allocated to 
the Shorebased IFQ Program.
    (B) Pacific Ocean Perch (POP). Distribute 17 percent or 30 mt, 
whichever is greater, of the total trawl allocation of POP to the 
Pacific whiting fishery (MS sector, C/P sector, and Shorebased IFQ 
sector). The distribution of POP to each sector will be done pro rata 
relative to the sector's allocation of the commercial harvest guideline 
for Pacific whiting. POP distributed to the MS sector and C/P sector 
are managed as set-asides, at Table 2d, subpart C. The allocation of 
POP to the Pacific whiting IFQ fishery contributes to the Shorebased 
IFQ allocation. After deducting allocations for the Pacific whiting 
fishery, the remaining trawl allocation is allocated to the Shorebased 
IFQ Program.
* * * * *
0
 3. In Sec.  660.60, add paragraph (d)(1)(vii) to read as follows:


Sec.  660.60   Specifications and management measures.

* * * * *
    (d) * * *
    (1) * * *
    (vii) Close one or both the MS or C/P sector when the set-aside for 
that sector, described in Table 2d, subpart C, plus the available 
reserve for unforeseen catch events, described in Table 2a, subpart C, 
combined, is reached or is expected to be reached for either 
darkblotched rockfish or Pacific ocean perch.
* * * * *
0
 4. In Sec.  660.150, revise paragraphs (c)(1)(i) and (ii) to read as 
follows:


Sec.  660.150   Mothership (MS) Coop Program.

* * * * *
    (c) * * *
    (1) * * *
    (i) Species with formal allocations to the MS Coop Program are 
Pacific whiting, canary rockfish and widow rockfish;
    (ii) Species with set-asides for the MS and C/P Coop Programs, as 
described in Table 2d, subpart C.
* * * * *
0
 5. In Sec.  660.160, revise paragraphs (c)(1)(i) and (ii) to read as 
follows:


Sec.  660.160   Catcher/processor (C/P) Coop Program.

* * * * *
    (c) * * *
    (1) * * *
    (i) Species with formal allocations to the C/P Coop Program are 
Pacific whiting, canary rockfish, and widow rockfish;
    (ii) Species with set-asides for the MS and C/P Programs, as 
described in Table 2d, subpart C.
* * * * *
0
 5. In Sec.  660 Subpart C, revise Tables 2b and 2d to read as follows:
* * * * *
 BILLING CODE 3510-22-P

[[Page 50110]]

[GRAPHIC] [TIFF OMITTED] TP30OC17.000

* * * * *

[[Page 50111]]

[GRAPHIC] [TIFF OMITTED] TP30OC17.001


[[Page 50112]]


* * * * *
[FR Doc. 2017-23456 Filed 10-27-17; 8:45 am]
 BILLING CODE 3510-22-C

50106 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules gear on board cannot possess more than Dated: October 24, 2017. regulations in accordance with a total of 1,000 hooks, and no more than Samuel D. Rauch, III, Amendment 21–3 to the Pacific Coast 750 hooks can be rigged for fishing at Deputy Assistant Administrator for Groundfish Fishery Management Plan any given time. Regulatory Programs, National Marine (PCGFMP) (see electronic access under Fisheries Service. SUPPLEMENTARY INFORMATION). The Industry representatives have For the reasons set out in the proposed action would revise indicated that a total of 1,000 hooks is preamble, 50 CFR part 622 is proposed regulations so that higher than not enough on long trips to compensate to be amended as follows: anticipated harvest of darkblotched for hook losses due to sharks’ biting rockfish or POP that exceeds a sector’s hooks off and other general reasons. PART 622—FISHERIES OF THE initial distribution of those species Under the current total possession limit, CARIBBEAN, GULF OF MEXICO, AND would not require automatic closure of if more than 250 hooks are lost, a vessel SOUTH ATLANTIC one or more of the Pacific whiting at-sea either has to fish with fewer than 750 sectors. This action is intended to hooks or acquire additional hooks from ■ 1. The authority citation for part 622 reduce the risk of those sectors not other vessels to maintain the maximum continues to read as follows: attaining their respective Pacific whiting number of hooks in the water. A third Authority: 16 U.S.C. 1801 et seq. allocations based on the incidental option is for the vessel to end the trip catch of darkblotched rockfish or POP, ■ 2. In § 622.35, revise the first sentence and return to port; however, that when allowing the sector(s) to remain of paragraph (b)(3) to read as follows: reduces the vessel landings. Observer open would not exceed their respective data indicates an average of over 250 § 622.35 Gear restricted areas. annual catch limit (ACLs). This action hooks were lost per trip from 2011 * * * * * would not change or increase the risk of through 2016; however, despite the total (b) * * * exceeding darkblotched rockfish or POP hook limit and the average hook loss, (3) Within the Gulf EEZ east of 85°30′ ACL, as the proposed rule would also average landings of reef fish per longline W. long., a vessel for which a valid allow NMFS to close one or both of the trip increased over that time. eastern Gulf reef fish bottom longline MS and C/P sectors via automatic action endorsement has been issued that is if the species-specific set-aside amounts The proposed rule would allow a fishing bottom longline gear or has plus the available reserve for unforeseen vessel with a longline endorsement to catch events, known colloquially as the possess an unlimited number of hooks, bottom longline gear on board cannot possess more than 750 hooks rigged for ‘‘buffer,’’ are anticipated to be exceeded. but it would not change the maximum fishing at any given time. * * * DATES:Comments on this proposed rule number that can be rigged for fishing. Any bottom longline vessel that would * * * * * must be received no later than increase the total number of hooks it [FR Doc. 2017–23460 Filed 10–27–17; 8:45 am] November 27, 2017. BILLING CODE 3510–22–P possesses beyond 1,000 would do so ADDRESSES: You may submit comments only if there were an economic benefit on this document, identified by NOAA– of doing so. Removing the limit on the NMFS–2017–0102 by any of the DEPARTMENT OF COMMERCE number of unrigged hooks that can be following methods: onboard is expected to improve fishers’ National Oceanic and Atmospheric • Electronic Submission: Submit all ability to maintain the maximum Administration electronic public comments via the number of rigged hooks over the Federal e-Rulemaking Portal. Go to duration of a trip. There is insufficient 50 CFR Part 660 www.regulations.gov/ information to estimate the number of #!docketDetail;D=NOAA-NMFS-2017- [Docket No. 170627602–7602–01] vessels that may benefit from possessing 0102, click the ‘‘Comment Now!’’ icon, more than 1,000 hooks and the RIN 0648–BG98 complete the required fields, and enter magnitude of such a benefit. or attach your comments. Magnuson-Stevens Act Provisions; • Mail: Barry A. Thom, Regional NMFS expects this proposed rule Fisheries Off West Coast States; Administrator, West Coast Region, would not have a significant economic Pacific Coast Groundfish Fishery; NMFS, 7600 Sand Point Way NE., impact on a substantial number of small Pacific Whiting; Pacific Coast Seattle, WA 98115–0070, Attn: Miako entities, and an initial regulatory Groundfish Fishery Management Plan; Ushio. flexibility analysis is not required and Amendment 21–3; Trawl Instructions: Comments sent by any none has been prepared. Rationalization Program other method, to any other address or No duplicative, overlapping, or AGENCY: National Marine Fisheries individual, or received after the end of conflicting Federal rules have been Service (NMFS), National Oceanic and the comment period, may not be identified. In addition, no new Atmospheric Administration (NOAA), considered by NMFS. All comments reporting, record-keeping, or other Commerce. received are a part of the public record compliance requirements are introduced ACTION: Proposed rule; request for and will generally be posted for public by this proposed rule. Accordingly, this comments. viewing on www.regulations.gov proposed rule does not implicate the without change. All personal identifying Paperwork Reduction Act. SUMMARY: NMFS proposes this interim information (e.g., name, address, etc.), nlaroche on DSK9F9SC42PROD with PROPOSALS measure to change the management of confidential business information, or List of Subjects in 50 CFR Part 622 the Pacific whiting at-sea sectors’ (i.e., otherwise sensitive information the Mothership (MS) and Catcher/ submitted voluntarily by the sender will Bottom longline gear, Fisheries, Processor (C/P) sectors) allocations for be publicly accessible. NMFS will Fishing, Gulf of Mexico, Reef fish. darkblotched rockfish and Pacific ocean accept anonymous comments (enter ‘‘N/ perch (POP) by managing the allocations A’’ in the required fields if you wish to as set-asides rather than as total catch remain anonymous). Attachments to limits. This rule also proposes electronic comments will be accepted in VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 50107 Microsoft Word, Excel, or Adobe PDF Fishery Management Council (Council) hauls that brought in over 14,500 mt of file formats only. meeting in order to re-open the fishery. Pacific whiting and only 0.1 mt of FOR FURTHER INFORMATION CONTACT: The risk of an inseason closure of these additional darkblotched rockfish. The Miako Ushio, phone: 206–526–4644, or sectors remains high, although the C/P sector has experienced even more email: miako.ushio@noaa.gov. rebuilding ACLs of these rockfish are far rapid accumulations of darkblotched from being reached. For example: The rockfish bycatch, and would have been SUPPLEMENTARY INFORMATION: most recent fishing mortality estimates closed late in the 2011 season if unused Electronic Access by NMFS’ Northwest Fisheries Science allocation had not been available from This proposed rule is accessible via Center indicate that 44 and 38 percent the MS sector, which had already the Internet at the Office of the Federal of the darkblotched rockfish and POP completed fishing. These events Register Web site at https:// ACLs, respectively, were caught in indicate that the current management www.federalregister.gov. Background 2015. While harvest of these species at structure may be adversely impacting information and documents are a level below the ACL may rebuild the at-sea sectors to a greater degree available at the NMFS West Coast stocks more quickly, there is a negative than was anticipated when the Council Region Web site at http:// socioeconomic impact from preventing adopted the current allocation structure harvest of Pacific whiting, as intended under Amendment 21, due to www.westcoast.fisheries.noaa.gov/ in the PCGFMP. unpredictability and high volume of fisheries/groundfish/index.html and at bycatch events. the Pacific Fishery Management Background: Current Allocations Under Council’s Web site at http:// Amendment 21 Background: Amendment 21–3 www.pcouncil.org/groundfish/fishery- The Council established allocations of The Council has discussed a variety of management-plan/groundfish- darkblotched rockfish and POP for the solutions to reducing the risk of closure amendments-in-development/. On at-sea sectors in Amendment 21 to the of the Pacific whiting at-sea sectors September 27, 2017, NMFS published a PCGFMP. When the Council considered prior to attainment of their Pacific notice of availability of Amendment allocation of these species, the analysis whiting allocations, such as allowing 21–3 to the PCGFMP (82 FR 44984). only incorporated data on catch through transfer of rockfish quota between Consistent with requirements of the 2005, and took the overfished status of sectors, but it determined that those Magnuson-Stevens Fishery the species into account when they set solutions are too complex to be Conservation and Management Act up the allocation structure. Ten years of analyzed and implemented in a timely (Magnuson-Stevens Act), NMFS must additional data on bycatch in the at-sea manner. At its September 2016 meeting, make a decision to approve, disapprove, sectors are now available. Additionally, the Council recommended the interim or partially approve the amendment by six full years of the Shorebased IFQ measure of amending the PCGFMP and December 26, 2017. Comments on the Program (which was implemented in implementing revised regulations, so approvability of the amendment must be 2011, 75 FR 60868) fishery information that the amounts of darkblotched submitted to NMFS by November 26, is available. This new information rockfish and POP allocated to the C/P 2017. indicates that the stocks of both species and MS sectors are managed as set- Background: Fishery are currently much healthier than they asides rather than as total catch limits. were at the time Amendment 21 was The Council also recommended giving Bycatch of rockfish species in the implemented. NMFS inseason authority to Pacific whiting fishery occurs at very The Council’s Amendment 21 automatically close one or both of the low rates, but sporadically and allocation recommendation was based, C/P and MS sectors in the event the unpredictably. Regulations at 50 CFR in part, on the idea that the C/P and MS species-specific set-aside amounts plus 660.55 address the allocation of these sectors could avoid early closures by the available reserve for unforeseen groundfish. Darkblotched rockfish and moving to areas of lower rockfish catch events, known colloquially as the POP are caught almost exclusively by encounter rates if they were ‘‘buffer,’’ are anticipated to be exceeded. vessels in the shorebased Individual approaching a bycatch allocation. This action would not revise Fishing Quota (IFQ) and at-sea Pacific However, experience has shown that allocations between sectors, which were whiting sectors of the groundfish this assumption was likely too set by Amendment 21 to the PCGFMP, fishery. NMFS declared both species simplistic. Despite the mitigating and is intended to be an interim overfished in 2000 and 1999, measures enacted by the C/P and MS solution to address the immediate needs respectively, and both stocks are coops, darkblotched rockfish bycatch of the C/P and MS sectors. Long-term currently managed under rebuilding remains particularly variable with the solutions are being reviewed by a plans as a result. Populations of both potential for rapid accumulation. The Council-appointed Community species have shown dramatic 2014 closure of the MS sector provides Advisory Board as part of the 5-year improvement in recent years. an illustration; closure occurred after six review of the trawl rationalization Darkblotched rockfish was declared hauls caught 4.5 mt of darkblotched program. A long-term solution to rebuilt in June 2017, and a draft 2017 rockfish, nearly 75 percent of their 2014 address the needs of the C/P and MS stock assessment indicates that POP allocation, with the bulk coming from sectors will focus specifically on fairly may be rebuilt. They are currently three of the hauls. Some of the largest and equitably revising the allocation managed as allocations, and NMFS hauls were delivered to motherships so between the trawl sectors, and among automatically closes a fishery sector closely in time that feedback on the size all the groundfish fishery sectors, while nlaroche on DSK9F9SC42PROD with PROPOSALS when it has reached its allocation of of the catches from observers came too leaving any applicable stock rebuilding either species. late for the MS coop to effectively plans unaffected. In recent years, both at-sea sectors of respond. Prior to this ‘‘lightning strike’’ the Pacific whiting fishery have event, the sector had made 969 hauls Intent of the Action exceeded their initial annual allocation and caught only 2.5 mt of darkblotched This proposed action is intended to of darkblotched rockfish (C/P sector in rockfish. After the sector was re-opened substantially reduce the risk of the 2011, and the MS sector in 2014). The by an emergency meeting of the Pacific whiting at-sea sectors not latter resulted in an emergency Pacific Council, the sector made 330 additional attaining their respective Pacific whiting VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1

50108 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules allocations based on the incidental statement, in accordance with the commercial fishing (NAICS 11411) is catch of darkblotched rockfish or POP, Companion Manual for NAO 216–6A. classified as a small business if it is when allowing the sector(s) to remain Under the Regulatory Flexibility Act independently owned and operated, is open would not exceed ACLs for these (RFA), an agency does not need to not dominant in its field of operation rebuilding stocks. It would revise conduct an Initial Regulatory Flexibility (including affiliates), and has combined regulations so that higher than Act Analysis or Final Regulatory annual receipts not in excess of $11 anticipated harvest of darkblotched Flexibility Act Analysis if a certification million for all its affiliated operations rockfish or POP that exceeds the initial can be made that the proposed rule, if worldwide (50 CFR 200.2). distribution of those species to the at- adopted, will not have a significant For the purposes of the RFA, small sea sectors will not require automatic adverse economic impact on a governmental jurisdictions such as closure of one or more of the at-sea substantial number of small entities, as governments of cities, counties, towns, sectors. defined below (5 U.S.C. 601). The Chief townships, villages, school districts, or The proposed rule would also allow Counsel for Regulation of the special districts are considered small NMFS to close one or both of the C/P Department of Commerce certified to jurisdictions if their populations are less and MS sectors of the Pacific whiting the Chief Counsel for Advocacy of the than 50,000 (5 U.S.C. 601). fishery via automatic action when the Small Business Administration that this A description and estimate of the set-aside for that sector, plus the proposed rule, if adopted, would not number of small entities to which the available reserve for unforeseen catch have a significant economic impact on rule applies and economic impacts on events, is reached or is expected to be a substantial number of small entities as small entities, by entity size and reached for either darkblotched rockfish described in this document. industry. or POP. Because of near real-time The Small Business Administration Four companies own seven permitted has established the following size mothership vessels. Each year, three to monitoring by the C/P and MS Coop criteria for entities classified under six MS vessels participate in the Pacific Programs, and the ability of those North American Industry Classification whiting fishery. The average number of programs to respond quickly to System (NAICS). Standards are changing fishery conditions, closures crew on each MS vessel is 104 expressed either in number of would occur before allocations to other individuals. When considering employees or annual receipts in fisheries or the ACLs are reached, thus operations in Alaska, none of the MSs millions of dollars. The number of limiting the potential effects and would be considered small businesses. employees or annual receipts indicates precluding potential negative biological The 17 catcher vessels that the maximum allowed for a concern and and socioeconomic impacts of the participated in the mothership coop its affiliates to be considered small (13 proposed action. spend about 30 percent of their total CFR 121.201). A fish and seafood merchant wholesaler primarily engaged annual fishing days processing in the Classification in servicing the fishing industry is a Pacific whiting fishery. The majority of Pursuant to section 304 (b)(1)(A) of small business if it employs 100 or their time is spent in the Alaska Pollock the Magnuson-Stevens Act, NMFS has fewer persons, on a full-time, part-time, fishery. Almost 90 percent of the overall preliminarily determined that this temporary, or other basis, at all its round weight taken by these vessels is proposed rule is consistent with the affiliated operations worldwide (NAICS taken in Alaska, and approximately 11 Magnuson-Stevens Act, and other 424460). A business primarily engaged percent is taken in the Pacific whiting applicable law, subject to further in seafood product preparation and fishery. consideration after public comment. In packaging is a small business if it is Three companies own nine permitted making its final determination, NMFS independently owned and operated, not C/P fleet vessels. C/Ps are large vessels will take into account the complete dominant in its field of operation, and with an average crew of 131 individuals. record, including the data, views, and employs 750 or fewer persons on a full Vessels in the C/P fleet spend about comments received during the comment time, part time, temporary, or other 20 percent of their total days fishing in period. basis, at all its affiliated operations the Pacific whiting fishery and 80 NMFS has determined that the worldwide (NAICS 311710). For percent in the Alaska Pollock fishery. proposed action would not have a purposes of this action, NMFS West About 90 percent of the total round significant effect, individually or Coast Region is applying the seafood weigh taken by the C/Ps is taken in cumulatively, on the human processor standard to C/Ps and MS Alaska, and approximately 10 percent is environment and does not involve any processor ships, which earn the majority taken in the Pacific whiting fishery. extraordinary circumstances listed in of their revenue from selling processed When considering operations from The National Oceanic and Atmospheric seafood product. Under SBA size Alaska, none of the C/Ps would be Administration (NOAA) Policy and standards, a nonprofit organization is considered small businesses. Procedures for Compliance with the determined to be a small entity if (1) it An explanation of the criteria used to National Environmental Policy Act and is not dominant in its field of operation; evaluate whether the rule would impose Related Authorities (NOAA and (2) for environmental, conservation, ‘‘significant impacts’’ on small entities. Administrative Order (NAO) 216–6A or professional organizations if The proposed action is primarily and the Companion Manual for NAO combined annual receipts are $15 administrative in nature, as it does not 216–6A). For purposes of review under million or less (NAICS 813312, 813920), change the ACLs for either the Pacific the National Environmental Protection and for other organizations if combined whiting at-sea sectors or the allocations nlaroche on DSK9F9SC42PROD with PROPOSALS Act, the proposed action is not part of annual receipts are $7.5 million or less levels of darkblotched rockfish and any larger action, and can be reviewed (NAICS 813319, 813410, 813910, POP. This action is not expected to independently. Furthermore, NMFS 813930, 813940, 813990). For RFA significantly reduce profit for a determined that the proposed action purposes only, NMFS has established a substantial number of small entities, may appropriately be categorically small business size standard for because there are no associated excluded from the requirement to businesses, including their affiliates, compliance requirements or costs. prepare either an environmental whose primary industry is commercial An explanation of the criteria used to assessment or environmental impact fishing; a business primarily engaged in evaluate whether the rule would impose VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 50109 impacts on‘‘a substantial number’’ of Authority: 16 U.S.C. 1801 et seq., 16 IFQ fishery contributes to the small entities. U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. Shorebased IFQ allocation. After Two MS permit/processor owning ■ 2. In § 660.55, (c)(1)(i) introductory deducting allocations for the Pacific companies self-identified on the most text, and (c)(1)(i)(A) and (B) are revised whiting fishery, the remaining trawl recent (2016) permit renewal as small to read as follows: allocation is allocated to the Shorebased businesses, and the other two identified IFQ Program. as not being small businesses. All three § 660.55 Allocations. * * * * * companies owning C/P permits and * * * * * vessels responded as not being small ■ 3. In § 660.60, add paragraph (c) * * * entities on the most recent (2016) permit (1) * * * (d)(1)(vii) to read as follows: renewal form. Of the 35 MS catcher (i) Trawl fishery allocation. The § 660.60 Specifications and management vessel permits, 34 were registered to allocation for the limited entry trawl measures. vessels with the MS catcher vessel fishery is derived by applying the trawl * * * * * endorsement. 27 MS catcher vessel allocation percentage by species/species endorsed permits were owned by 22 group and area as specified in paragraph (d) * * * companies that self-identified as small (c) of this section and as specified (1) * * * entities, and the other 8 were owned by during the biennial harvest (vii) Close one or both the MS or 5 companies that self-identified as not specifications process to the fishery C/P sector when the set-aside for that being small entities. harvest guideline for that species/ sector, described in Table 2d, subpart C, A description of, and an explanation species group and area. For IFQ species plus the available reserve for unforeseen of the basis for, assumptions used. other than-darkblotched rockfish, Data collected from the trawl catch events, described in Table 2a, Pacific ocean perch, and widow subpart C, combined, is reached or is rationalization program Economic Data rockfish, the trawl allocation will be Collection was used for this analysis. expected to be reached for either further subdivided among the trawl darkblotched rockfish or Pacific ocean No Federal rules have been identified sectors (MS, C/P, and IFQ) as specified perch. that duplicate, overlap, or conflict with in §§ 660.140, 660.150, and 660.160 of * * * * * this action. There are no reporting, subpart D. For darkblotched rockfish, recordkeeping or other compliance ■ 4. In § 660.150, revise paragraphs Pacific ocean perch, and widow requirements in the proposed rule. (c)(1)(i) and (ii) to read as follows: Pursuant to Executive Order 13175, rockfish, the trawl allocation is further this proposed rule was developed after subdivided among the trawl sectors § 660.150 Mothership (MS) Coop Program. meaningful consultation and (MS, C/P, and IFQ) as follows: (A) Darkblotched rockfish. Distribute * * * * * collaboration with tribal officials from 9 percent or 25 mt, whichever is greater, (c) * * * the area covered by the PCGFMP. Consistent with the Magnuson-Stevens of the total trawl allocation of (1) * * * Act (16 U.S.C. 1852(b)(5)), one of the darkblotched rockfish to the Pacific (i) Species with formal allocations to voting members of the Pacific Council is whiting fishery (MS sector, C/P sector, the MS Coop Program are Pacific a representative of an Indian tribe with and Shorebased IFQ sectors). The whiting, canary rockfish and widow Federally recognized fishing rights from distribution of allocation of rockfish; the area of the Council’s jurisdiction. darkblotched rockfish to each of these This proposed rule would not alter sectors will be done pro rata relative to (ii) Species with set-asides for the MS the effects on species listed under the the sector’s allocation of the commercial and C/P Coop Programs, as described in Endangered Species Act, or on marine harvest guideline for Pacific whiting. Table 2d, subpart C. mammals, over what has already been Darkblotched rockfish distributed to the * * * * * considered for the regulations governing MS sector and C/P sector are managed ■ 5. In § 660.160, revise paragraphs the fishery. as set-asides at Table 2d, subpart C. The (c)(1)(i) and (ii) to read as follows: This proposed rule has been allocation of darkblotched rockfish to determined to be not significant for the Pacific whiting IFQ fishery § 660.160 Catcher/processor (C/P) Coop purposes of Executive Order 12866. contributes to the Shorebased IFQ Program. allocation. After deducting allocations * * * * * List of Subjects in 50 CFR Part 660 for the Pacific whiting fishery, the (c) * * * Fisheries, Fishing, Indian Fisheries. remaining trawl allocation is allocated to the Shorebased IFQ Program. (1) * * * Dated: October 24, 2017. Samuel D. Rauch III, (B) Pacific Ocean Perch (POP). (i) Species with formal allocations to Deputy Assistant Administrator for Distribute 17 percent or 30 mt, the C/P Coop Program are Pacific Regulatory Programs, National Marine whichever is greater, of the total trawl whiting, canary rockfish, and widow Fisheries Service. allocation of POP to the Pacific whiting rockfish; fishery (MS sector, C/P sector, and (ii) Species with set-asides for the MS For the reasons set out in the Shorebased IFQ sector). The distribution and C/P Programs, as described in Table preamble, 50 CFR part 660 is proposed of POP to each sector will be done pro 2d, subpart C. to be amended as follows: rata relative to the sector’s allocation of * * * * * nlaroche on DSK9F9SC42PROD with PROPOSALS PART 660–-FISHERIES OFF WEST the commercial harvest guideline for Pacific whiting. POP distributed to the ■ 5. In § 660 Subpart C, revise Tables 2b COAST STATES MS sector and C/P sector are managed and 2d to read as follows: ■ 1. The authority citation for part 660 as set-asides, at Table 2d, subpart C. The * * * * * continues to read as follows: allocation of POP to the Pacific whiting BILLING CODE 3510–22–P VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1

50110 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules Table 2b. to Part 660, Subpart C - 2018, and Beyond, Allocations by Species or Species Group (Weight in Metric Tons) Fishery HG Trawl Non-trawl Species Area or ACT Percent Mt Percent Mt BOCACCIO a/ S. of 40°10' N. lat. 725.6 39 283.3 61 442.3 COW COD alb/ S. of 40°10' N. lat. 4.0 36 1.4 64 2.6 DARKBLOTCHED ROCKFISH c/ Coastwide 575.8 95 547.0 5 28.8 PACIFIC OCEAN PERCH d/ N. of 40°10' N. lat. 231.6 95 220.0 5 11.6 YELLOWEYE ROCKFISH a/ Coastwide 14.0 NA 1.1 NA 12.9 Arrowtooth flounder Coastwide 11,644.9 95 11,062.6 5 582.2 Big skate a/ Coastwide 436.6 95 414.8 5 21.8 Canary rockfish a/e/ Coastwide 1,466.6 NA 1,060.1 NA 406.5 Chilipepper S. of 40°10' N. lat. 2,461.1 75 1,845.8 25 615.3 Dover sole Coastwide 48,406.3 95 45,986.0 5 2,420.3 English sole Coastwide 7,324.2 95 6,958.0 5 366.2 Lingcod N. of 40°10' N. lat. 2,831.8 45 1,274.3 55 1,557.5 Lingcod S. of 40°10' N. lat. 1,135.0 45 510.8 55 624.3 Longnose skate a/ Coastwide 1,853.0 90 1,667.7 10 185.3 Longspine thomyhead N. of34"27' N. lat. 2,700.2 95 2,565.2 5 135.0 Pacific cod Coastwide 1,091.0 95 1,036.4 5 54.5 Pacific whiting Coastwide TBD 100 TBD 0 TBD P etrale sole Coastwide 2,772.1 95 2,633.5 5 138.6 Sable fish N. of36°N. lat. N/A See Table 2c Sable fish S. of 36° N. lat. 1,939.0 42 814.4 58 1,124.6 Shortspine thomyhead N. of34"27' N. lat. 1,639.0 95 1,557.0 5 81.9 Shortspine thomyhead S. of 34"27' N. lat. 855.7 NA 50.0 NA 805.7 Splitnose rockfish S. of 40°10' N. lat. 1,750.3 95 1,662.8 5 87.5 Stary flounder Coastwide 1,271.7 50 635.9 50 635.9 Widow rockfish f/ Coastwide 12,437.3 91 11,317.9 9 1,119.4 Yellowtail rockfish N. of 40°10' N. lat. 4,972.1 88 4,375.4 12 596.6 Minor Shelf Rockfish a/ N. of 40°10' N. lat. 1,963.2 60 1,181.8 40 781.4 Minor Slope Rockfish N. of 40°10' N. lat. 1,688.9 81 1,368.0 19 320.9 Minor Shelf Rockfish a/ S. of 40°10' N. lat. 1,576.8 12 192.37 88 1,384.4 Minor Slope Rockfish S. of 40°10' N. lat. 688.8 63 433.9 37 254.9 Other Flatfish Coastwide 7,077.0 90 6,369.3 10 707.7 a/ Allocations decided through the biennial specification process. b/ The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt. c/ Consistent with regulations at §660.55(c), 9 percent (49.2 mt) of the total trawl allocation for darkblotched rockfish is allocated to the Pacific whiting fishery, as follows: 20.7 mt for the Shorebased IFQ Program, 11.8 mt is managed as a set-aside for the MS sector, and 16.7 mt is managed as a set-aside for the C/P sector. The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shore based trawl allocation, which is found at §660.140(d)(1)(ii)(D). d/ Consistent with regulations at §660.55(c), 17 percent (37.4 mt) of the total trawl allocation for POP is allocated to the Pacific whiting fishery, as follows: 15.7 mt for the Shorebased IFQ Program, 9.0 mt is managed as a set-aside the MS sector, and 12.7 mt is managed as a set-aside for the C/P sector. The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at §660.140(d)(1)(ii)(D). e/ Canary rockfish is allocated approximately 72 percent to trawl and 28 percent to non-trawl. 46 mt of the total trawl allocation of canary rockfish is allocated to the MS and C/P sectors, as follows: 30 mt for the MS sector, and 16 mt for the C/P sector. f/ Consistent with regulations at §660.55(c), 10 percent (1,131.8 mt) of the total trawl allocation for widow rockfish is allocated to the Pacific whiting fishery, as follows: 475.4 mt for the Shorebased IFQ Program, 271.6 mt for the MS sector, and 384.8 mt for the C/P sector. The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shore based trawl allocation, which is nlaroche on DSK9F9SC42PROD with PROPOSALS found at §660.140(d)(1)(ii)(D). * * * * * EP30OC17.000</GPH> VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 50111 Table 2d. To Part 660, Subpart C-At-Sea Whiting Fishery Annual Set-Asides, 2018 and Beyond Species or Species Complex Area Set Aside (mt) BOCACCIO S. of 40°10 N. lat. NA COWCOD S. of 40°10 N. lat. NA DARKBLOTCHED ROCKFISH a/ Coastwide 28.5 PACIFIC OCEAN PERCH b/ N. of40°10N lat 21.7 YELLOWEYE ROCKFISH Coastwide 0 Arrowtooth flounder Coastwide 70 Canary rockfish c/ Coastwide Allocation Chilipepper S. of 40°10 N. lat. NA Dover sole Coastwide 5 English sole Coastwide 5 Lingcod N. of 40°10 N. lat. 15 Lingcod S. of 40°10 N. lat. NA Longnose skate Coastwide 5 Longspine thomyhead N. of34°27 N. lat. 5 Longspine thomyhead S. of34°27N.lat. NA Minor Nearshore Rockfish N. of 40°10 N. lat. NA Minor Nearshore Rockfish S. of 40°10 N. lat. NA Minor Shelf Rockfish N. of 40°10 N. lat. 35 Minor Shelf RockfiSh S. of 40°10 N. lat. NA Minor Slope RockfiSh N. of 40°10 N. lat. 100 Minor Slope RockfiSh S. of 40°10 N. lat. NA Other Fish Coastwide NA Other Flatfish Coastwide 20 Pacific cod Coastwide 5 Pacific Halibut d/ Coastwide 10 Pacific Whiting Coastwide Allocation Petrale sole Coastwide 5 Sable fish N. of36° N. lat. 50 Sable fiSh S. of36° N. lat. NA Shortspine thomyhead N. of34°27 N. lat. 20 Shortspine thomyhead S. of34°27N.lat. NA Starry flounder Coastwide 5 Widow RockfiSh c/ Coastwide Allocation Yellowtail rockfiSh N. of 40°10 N. lat. 300 a/ Darkblotched rockfiSh will be managed as set-asides for the MS and C/P sectors based on pro- rata distribution described at §660.55(c)(l)(i)(A), resuhing in a set-aside of ll.8 mt for the MS sector, and a set-aside of and 16.7 mt for C/P sector. b/ POP will be managed as set-asides for the MS and C/P sectors based on pro-rata distribution described at §660.55(c)(l)(i)(B), resuhing in a set-aside of 9.0 mt for the MS sector, and a set- aside of and 12.7 mt for the C/P sector. c/ See Table l.b., to Subpart C, tor the at-sea whiting allocations tor these species. nlaroche on DSK9F9SC42PROD with PROPOSALS d/ As stated in §660.55 (m), the Pacific halibut set-aside is 10 mt, to acconunodate bycatch in the at-sea Pacific whiting fisheries and in the shore based trawl sector south of 40°10 N. lat. (estimated to be approximately 5 mt each). EP30OC17.001</GPH> VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4725 E:\FR\FM\30OCP1.SGM 30OCP1

50112 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules * * * * * NMFS prepared environmental for Hawaii Deep 7 bottomfish in June [FR Doc. 2017–23456 Filed 10–27–17; 8:45 am] analyses that describe the potential 2017 (82 FR 29778, June 30, 2017). BILLING CODE 3510–22–C impacts on the human environment that NMFS based the proposed would result from the proposed ACLs specifications for crustacean, precious and AMs. Copies of the environmental coral, and territorial bottomfish MUS on DEPARTMENT OF COMMERCE analyses and other supporting recommendations from the Council at documents are available at its 164th meeting held October 21–22, National Oceanic and Atmospheric www.regulations.gov. 2015, its 166th meeting held June 6–10, Administration 2016, and its 170th meeting held June FOR FURTHER INFORMATION CONTACT: 19–22, 2017. For this action, the Council 50 CFR Part 665 Sarah Ellgen, NMFS PIR Sustainable recommended 36 ACLs: Seven each in Fisheries, 808–725–5173. [Docket No. 170120106–7999–01] American Samoa, Guam, and the CNMI, SUPPLEMENTARY INFORMATION: Fisheries and 15 in Hawaii. The Council also RIN 0648–XF186 in the U.S. Exclusive Economic Zone recommended that NMFS specify multi- (EEZ, or Federal waters) around the U.S. year ACLs and AMs in fishing years Pacific Island Fisheries; 2017 Annual Pacific Islands are managed under Catch Limits and Accountability 2015–2018. NMFS proposes to archipelagic fishery ecosystem plans implement the specifications for each Measures (FEPs) for American Samoa, Hawaii, the year separately, prior to each fishing AGENCY: National Marine Fisheries Pacific Remote Islands, and the Mariana year. NMFS previously implemented Service (NMFS), National Oceanic and Archipelago (Guam and the the 2016 specifications for bottomfish, Atmospheric Administration (NOAA), Commonwealth of the Northern Mariana crustacean, precious coral, and coral Department of Commerce. Islands (CNMI)). A fifth FEP covers reef ecosystem MUS (82 FR 18716, April ACTION: Proposed specifications; request pelagic fisheries. The Western Pacific 21, 2017). All of the proposed 2017 for comments. Fishery Management Council (Council) ACLs in this action would be the same developed the FEPs, and NMFS as those specified in 2016 (82 FR 18716, SUMMARY: NMFS proposes annual catch implemented them under the authority April 21, 2017). NMFS also proposes to limits (ACLs) for Pacific Island of the Magnuson-Stevens Fishery specify the same AMs as it did in 2016. crustacean, precious coral, and Conservation and Management Act Data from these fisheries for fishing territorial bottomfish fisheries, and (Magnuson-Stevens Act). year 2016 indicate that catches from accountability measures (AMs) to Each FEP contains a process for the each fishery in 2016 did not exceed the correct or mitigate any overages of catch Council and NMFS to specify ACLs and fishery’s ACL, with the exception of the limits. The proposed ACLs and AMs AMs; that process is codified at Title 50, CNMI slipper lobsters. NMFS proposes would be effective for fishing year 2017. Code of Federal Regulations, Section to specify an ACL of 60 lb for CNMI The proposed ACLs and AMs support 665.4 (50 CFR 665.4). The regulations slipper lobsters, which is the same ACL the long-term sustainability of fishery require NMFS to specify, every fishing that NMFS implemented in 2016, even resources of the U.S. Pacific Islands. year, an ACL for each stock and stock though the average three-year catch for DATES: NMFS must receive comments complex of management unit species this fishery exceeded the ACL. For by November 14, 2017. (MUS) in an FEP, as recommended by CNMI slipper lobsters, there is no OFL ADDRESSES: You may submit comments the Council and considering the best or maximum sustainable yield (MSY) on this document, identified by NOAA– available scientific, commercial, and estimate. Prior to 2016, there were only NMFS–2017–0012, by either of the other information about the fishery. If a three years (2007–2009) of available following methods: fishery exceeds an ACL, the regulations catch information for slipper lobsters in • Electronic Submission: Submit all require the Council to take action, the CNMI. Therefore, in 2014, at its electronic public comments via the which may include reducing the ACL 116th meeting, the SSC recommended a Federal e-Rulemaking Portal. Go to for the subsequent fishing year by the proxy for calculating the ACL for the http://www.regulations.gov/ amount of the overage, or other CNMI slipper lobster stock complex. #!docketDetail;D=NOAA-NMFS-2017- appropriate action. Using a catch-to-habitat-based proxy 0012, click the ‘‘Comment Now!’’ icon, NMFS proposes to specify ACLs for comparing data from the Hawaii slipper complete the required fields, and enter the crustacean and precious corals MUS lobster fishery (the only area that has or attach your comments. in American Samoa, Guam, the CNMI, specifically documented harvesting of • Mail: Send written comments to and Hawaii, and the bottomfish MUS in slipper lobster), the Council Michael D. Tosatto, Regional American Samoa, Guam, and the CNMI recommended setting an ACL for the Administrator, NMFS Pacific Islands for fishing year 2017. The fishing year CNMI slipper lobsters for 2016–2018 at Region (PIR), 1845 Wasp Blvd., Bldg. for each fishery began on January 1 and a level equal to ABC, that is, 60 lb. 176, Honolulu, HI 96818. ends on December 31, except for In 2015, NOAA started a pilot Instructions: NMFS may not consider precious coral fisheries, which began program to improve commercial vendor comments sent by any other method, to July 1 and ends on June 30 next year. reporting in the CNMI. The Territory any other address or individual, or In this action, NMFS is not proposing Science Initiative was designed to received after the end of the comment to specify 2017 ACLs for Hawaii Kona improve the data vendors submit to period. All comments received are a crab and non-Deep 7 bottomfish, or commercial receipt books, which track, part of the public record and will coral reef ecosystem MUS in all island among other stocks, the slipper lobster nlaroche on DSK9F9SC42PROD with PROPOSALS generally be posted for public viewing areas. This is because NMFS has new fishery. NMFS staff trained vendors to on www.regulations.gov without change. information for those MUS that may complete receipt books and incorporate All personal identifying information require additional environmental the process into their day-to-day (e.g., name, address, etc.), confidential analyses to support the Council’s business routines. The program proved business information, or otherwise recommendations. NMFS would to be effective, and in 2016, the CNMI sensitive information submitted propose those ACL specifications in a commercial receipt book program voluntarily by the sender will be separate action(s). In addition, NMFS documented 304 lb of slipper lobsters publicly accessible. specified the 2017–2018 ACL and AM sold by local fishermen. In comparison, VerDate Sep<11>2014 13:42 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1


Document Created: 2017-10-28 00:28:57
Document Modified: 2017-10-28 00:28:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments on this proposed rule must be received no later than November 27, 2017.
ContactMiako Ushio, phone: 206-526-4644, or email: [email protected]
FR Citation82 FR 50106 
RIN Number0648-BG98
CFR AssociatedFisheries; Fishing and Indian Fisheries
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR