82_FR_51594 82 FR 51381 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan

82 FR 51381 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51381-51382
FR Document2017-24097

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 16 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for review by the Secretary of Commerce. Amendment 16 would add a description to the CPS FMP of a very small sector of the CPS fishery that is not part of the primary commercial directed fishery and harvests minor amounts of CPS finfish. Total landings from this sector typically make up less than one percent of the total landings of any particular CPS stock. Currently, when directed fishing closures are enacted, these very small-scale fisheries have been precluded from fishing and/or harvesting these minor amounts because they do not fall under the existing exemptions during closures for incidental harvest or for harvesting CPS to be sold as live bait. The intent of Amendment 16 is to allow this sector to continue targeting CPS finfish after a directed fishery closure, while keeping the aggregate catch level within the applicable annual catch limit (ACL).

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017) 
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Proposed Rules]
[Pages 51381-51382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24097]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BG74


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery 
Management Plan

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

ACTION: Availability of fishery management plan amendment; request for 
comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 16 to the Coastal Pelagic Species 
(CPS) Fishery Management Plan (FMP) for review by the Secretary of 
Commerce. Amendment 16 would add a description to the CPS FMP of a very 
small sector of the CPS fishery that is not part of the primary 
commercial directed fishery and harvests minor amounts of CPS finfish. 
Total landings from this sector typically make up less than one percent 
of the total landings of any particular CPS stock. Currently, when 
directed fishing closures are enacted, these very small-scale fisheries 
have been precluded from fishing and/or harvesting these minor amounts 
because they do not fall under the existing exemptions during closures 
for incidental harvest or for harvesting CPS to be sold as live bait. 
The intent of Amendment 16 is to allow this sector to continue 
targeting CPS finfish after a directed fishery closure, while keeping 
the aggregate catch level within the applicable annual catch limit 
(ACL).

DATES: Comments on Amendment 16 must be received by January 5, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0135, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0135, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Barry A. Thom, Regional 
Administrator, West Coast Region, NMFS, 501 W. Ocean Blvd., Ste. 4200, 
Long Beach, CA 90802-4250; Attn: Joshua Lindsay.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous).
    Copies of the draft CPS FMP as amended through Amendment 16, with 
notations showing how Amendment 16 would change the FMP, if approved, 
are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0135, or by contacting the 
Pacific Fisheries Management Council, 7700 NE Ambassador Place, Suite 
101, Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Sustainable 
Fisheries Division, NMFS, at 562-980-4034; or Kerry Griffin, Pacific 
Fishery Management Council, at 503-820-2280.

SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. exclusive 
economic zone (EEZ) off the West Coast is managed under the CPS FMP, 
which was developed by the Council pursuant to the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq. 
Species managed under the CPS FMP include Pacific sardine, Pacific 
mackerel, jack mackerel, northern anchovy, market squid and krill. The 
CPS FMP was approved by the Secretary of Commerce and was implemented 
by regulations at 50 CFR part 660, subpart I.
    The MSA requires each regional fishery management council to submit 
any amendment to a FMP to NMFS for review and approval, disapproval, or 
partial approval. The MSA also requires that NMFS, upon receiving an 
amendment to a FMP, publish

[[Page 51382]]

notification in the Federal Register that the amendment is available 
for public review and comment. NMFS will consider the public comments 
received during the comment period described above in determining 
whether to approve, disapprove, or partially approve Amendment 16.
    In recent years the primary directed fishery for Pacific sardine 
has experienced extremely shortened fishing seasons or complete fishing 
year closures. However, the CPS FMP allows incidental catch of CPS and 
live bait fishing to continue when directed fisheries are closed, 
provided the Pacific sardine stock is not overfished or experiencing 
overfishing. These small allowances continue to be subject to ACLs and 
comport with the conservation goals of the CPS FMP. Management measures 
for incidental landing allowances are typically expressed as allowable 
percentages of that species in a landing of the dominant species catch. 
However, during the directed fishing closures some other very small-
scale fisheries have been precluded from fishing and/or harvesting even 
de minimis amounts because they would exceed existing incidental 
allowances or they are not caught incidental to another CPS species 
(i.e., within allowances) and the fish are not sold as live bait. In 
the case of Pacific sardine, these small-scale CPS fisheries typically 
sell their catch as specialty dead bait to recreational and commercial 
fisheries, or as fresh fish to restaurants and the public. For example, 
landings by a beach seine operation may often be over 50 percent 
sardine, which would exceed typically incidental landing allowances, 
yet total only a few hundred pounds. Pursuant to a request from the 
Council at their April 2016 meeting, the Coastal Pelagic Species 
Management Team (CPSMT) explored management options to account for 
these small-scale fisheries that have been negatively impacted by the 
closure of the directed sardine fishery.
    At the April 2017 Council meeting, the Council adopted Amendment 16 
to the CPS FMP to allow minor directed fishing to continue after a 
directed fishery is closed. Minor directed fishing would be allowed 
unless otherwise specified, or if an applicable ACL is anticipated to 
be exceeded. As a further restriction, to ensure the minor directed 
landing provision is not exploited to make large aggregate harvests, 
Amendment 16 limits this directed fishing exemption so that landings 
cannot exceed 1 metric ton (mt) per day per vessel or person, and which 
is limited to one fishing trip per day by any vessel. The intent of 
distinguishing between a ``vessel'' and ``person'' is that some 
participants in this small sector of the CPS fishery fish from a 
platform other than a vessel (e.g. beach seine) and in a single fishing 
trip (e.g. a single haul of a beach seine) may only land a few hundred 
pounds. Therefore, the Council recommended allowing a person to make 
multiple fishing trips without using a vessel in a single day as long 
as their total landings do not exceed 1 mt in a day. The Council 
recommended that vessels be limited to a single trip as their typical 
landings are much greater per trip.
    Public comments on Amendment 16 must be received by January 5, 
2018. The Council has also submitted proposed regulations to implement 
Amendment 16 for Secretarial review and approval. NMFS expects to 
publish and request public comment on the proposed regulation to 
implement Amendment 16 in the near future. Public comments on Amendment 
16 must be received by the end of the comment period to be considered 
in the approval/disapproval decision on Amendment 16. All comments 
received by the end of the comment period on Amendment 16, whether 
specifically directed to Amendment 16 or the proposed rule, will be 
considered in the approval/disapproval decision. Comments received 
after that date will not be considered in the approval/disapproval 
decision of Amendment 16. To be considered, comments must be received 
by close of business on the last day of the comment period; that does 
not mean postmarked or otherwise transmitted by that date.

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

    Dated: November 1, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24097 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules 51381 Pollutants From the Portland Cement Dated: October 31, 2017. 0135, click the ‘‘Comment Now!’’ icon, Manufacturing Industry Residual Risk Stephen Page, complete the required fields, and enter and Technology Review.’’ The EPA is Director, Office of Air Quality Planning and or attach your comments. extending the comment period on the Standards. • Mail: Submit written comments to proposed rule that was scheduled to [FR Doc. 2017–24092 Filed 11–3–17; 8:45 am] Barry A. Thom, Regional Administrator, close on November 6, 2017, by 15 days BILLING CODE 6560–50–P West Coast Region, NMFS, 501 W. until November 21, 2017. The EPA is Ocean Blvd., Ste. 4200, Long Beach, CA making this change based on one 90802–4250; Attn: Joshua Lindsay. request for additional time to prepare DEPARTMENT OF COMMERCE Instructions: Comments must be comments on this proposed rule. submitted by one of the above methods National Oceanic and Atmospheric to ensure that the comments are DATES: The public comment period for Administration received, documented, and considered the proposed rule published in the by NMFS. Comments sent by any other Federal Register on September 21, 2017 50 CFR Part 660 method, to any other address or (82 FR 44254), is being extended. individual, or received after the end of RIN 0648–BG74 the comment period, may not be Written comments must be received on or before November 21, 2017. Fisheries Off West Coast States; considered. All comments received are Coastal Pelagic Species Fisheries; a part of the public record and will ADDRESSES: The EPA has established a generally be posted for public viewing docket for the proposed rulemaking Amendment 16 to the Coastal Pelagic Species Fishery Management Plan on www.regulations.gov without change. (available at http:// All personal identifying information www.regulations.gov). The Docket ID AGENCY: National Marine Fisheries (e.g., name, address, etc.) submitted No. is EPA–HQ–OAR–2016–0442. Service (NMFS), National Oceanic and voluntarily by the sender will be Submit your comments, identified by Atmospheric Administration (NOAA), publicly accessible. Do not submit Docket ID No. EPA–HQ–OAR–2016– Commerce. confidential business information, or 0442, at http://www.regulations.gov. ACTION: Availability of fishery otherwise sensitive or protected Follow the online instructions for management plan amendment; request information. NMFS will accept submitting comments. Once submitted, for comments. anonymous comments (enter ‘‘N/A’’ in comments cannot be edited or removed the required fields if you wish to remain from Regulations.gov. The EPA may SUMMARY: NMFS announces that the anonymous). publish any comment received to its Pacific Fishery Management Council Copies of the draft CPS FMP as public docket. Do not submit (Council) has submitted Amendment 16 amended through Amendment 16, with electronically any information you to the Coastal Pelagic Species (CPS) notations showing how Amendment 16 consider to be Confidential Business Fishery Management Plan (FMP) for would change the FMP, if approved, are Information (CBI) or other information review by the Secretary of Commerce. available via the Federal eRulemaking Amendment 16 would add a description Portal: http://www.regulations.gov, whose disclosure is restricted by statute. to the CPS FMP of a very small sector docket NOAA–NMFS–2017–0135, or by If you need to include CBI as part of of the CPS fishery that is not part of the contacting the Pacific Fisheries your comment, please visit http:// primary commercial directed fishery Management Council, 7700 NE www.epa.gov/dockets/comments.html and harvests minor amounts of CPS Ambassador Place, Suite 101, Portland, for instructions. Multimedia finfish. Total landings from this sector OR 97220–1384. submissions (audio, video, etc.) must be typically make up less than one percent FOR FURTHER INFORMATION CONTACT: accompanied by a written comment. of the total landings of any particular Joshua B. Lindsay, Sustainable Fisheries The written comment is considered the CPS stock. Currently, when directed Division, NMFS, at 562–980–4034; or official comment and should include fishing closures are enacted, these very Kerry Griffin, Pacific Fishery discussion of all points you wish to small-scale fisheries have been Management Council, at 503–820–2280. make. precluded from fishing and/or SUPPLEMENTARY INFORMATION: The CPS For additional submission methods, harvesting these minor amounts because fishery in the U.S. exclusive economic the full EPA public comment policy, they do not fall under the existing zone (EEZ) off the West Coast is and general guidance on making exemptions during closures for managed under the CPS FMP, which effective comments, please visit http:// incidental harvest or for harvesting CPS was developed by the Council pursuant www.epa.gov/dockets/comments.html. to be sold as live bait. The intent of to the Magnuson-Stevens Fishery Amendment 16 is to allow this sector to Conservation and Management Act FOR FURTHER INFORMATION CONTACT: For continue targeting CPS finfish after a (MSA), 16 U.S.C. 1801 et seq. Species additional information on this action, directed fishery closure, while keeping managed under the CPS FMP include contact Brian Storey, Sector Policies and the aggregate catch level within the Pacific sardine, Pacific mackerel, jack Programs Division, Office of Air Quality applicable annual catch limit (ACL). mackerel, northern anchovy, market Planning and Standards (D243–04), DATES: Comments on Amendment 16 squid and krill. The CPS FMP was Environmental Protection Agency, must be received by January 5, 2018. approved by the Secretary of Commerce Research Triangle Park, NC 27711; Pmangrum on DSK3GDR082PROD with PROPOSALS ADDRESSES: You may submit comments and was implemented by regulations at telephone number: (919) 541–1103; on this document, identified by NOAA- 50 CFR part 660, subpart I. email address: storey.brian@epa.gov. NMFS-2017-0135, by any of the The MSA requires each regional SUPPLEMENTARY INFORMATION: To allow following methods: fishery management council to submit additional time for stakeholders to • Electronic Submissions: Submit all any amendment to a FMP to NMFS for provide comments, the EPA has decided electronic public comments via the review and approval, disapproval, or to extend the public comment period Federal e-Rulemaking Portal. Go to partial approval. The MSA also requires www.regulations.gov/ that NMFS, upon receiving an until November 21, 2017. #!docketDetail;D=NOAA-NMFS-2017- amendment to a FMP, publish VerDate Sep<11>2014 14:47 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\06NOP1.SGM 06NOP1

51382 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Proposed Rules notification in the Federal Register that between a ‘‘vessel’’ and ‘‘person’’ is that Policy review; request for ACTION: the amendment is available for public some participants in this small sector of comments. review and comment. NMFS will the CPS fishery fish from a platform consider the public comments received other than a vessel (e.g. beach seine) and SUMMARY: We, the U.S. Fish and during the comment period described in a single fishing trip (e.g. a single haul Wildlife Service (Service), are above in determining whether to of a beach seine) may only land a few requesting public comment on portions approve, disapprove, or partially hundred pounds. Therefore, the Council of our existing Mitigation Policy and approve Amendment 16. recommended allowing a person to Endangered Species Act Compensatory In recent years the primary directed make multiple fishing trips without Mitigation Policy (ESA–CMP). We fishery for Pacific sardine has using a vessel in a single day as long as specifically request comment on the experienced extremely shortened their total landings do not exceed 1 mt policies’ mitigation planning goals. fishing seasons or complete fishing year in a day. The Council recommended Based on comments received, the closures. However, the CPS FMP allows that vessels be limited to a single trip as Service will decide whether and how to incidental catch of CPS and live bait their typical landings are much greater revise the policies. fishing to continue when directed per trip. DATES: We will accept comments from fisheries are closed, provided the Pacific Public comments on Amendment 16 all interested parties until January 5, sardine stock is not overfished or must be received by January 5, 2018. 2018. Please note that if you are using experiencing overfishing. These small The Council has also submitted the Federal eRulemaking Portal (see allowances continue to be subject to proposed regulations to implement ADDRESSES below), the deadline for ACLs and comport with the Amendment 16 for Secretarial review submitting an electronic comment is conservation goals of the CPS FMP. and approval. NMFS expects to publish 11:59 p.m. Eastern Standard Time on Management measures for incidental and request public comment on the this date. landing allowances are typically proposed regulation to implement ADDRESSES: expressed as allowable percentages of Amendment 16 in the near future. Document availability: The Service’s that species in a landing of the Public comments on Amendment 16 Mitigation Policy was published dominant species catch. However, must be received by the end of the November 21, 2016, at 81 FR 83440 and during the directed fishing closures comment period to be considered in the is available at https://www.regulations. some other very small-scale fisheries approval/disapproval decision on gov at Docket No. FWS–HQ–ES–2015– have been precluded from fishing and/ Amendment 16. All comments received 0126. The Service’s ESA–CMP was or harvesting even de minimis amounts by the end of the comment period on published December 27, 2106, at 81 FR because they would exceed existing 95316 and is available at https://www. Amendment 16, whether specifically incidental allowances or they are not regulations.gov at Docket No. FWS–HQ– directed to Amendment 16 or the caught incidental to another CPS ES–2015–0165. proposed rule, will be considered in the species (i.e., within allowances) and the Comment submission: You may approval/disapproval decision. fish are not sold as live bait. In the case submit comments by one of the Comments received after that date will of Pacific sardine, these small-scale CPS following methods: not be considered in the approval/ fisheries typically sell their catch as disapproval decision of Amendment 16. • Federal eRulemaking Portal: http:// specialty dead bait to recreational and www.regulations.gov. In the Search box, To be considered, comments must be commercial fisheries, or as fresh fish to enter the docket number for the policy, received by close of business on the last restaurants and the public. For example, which is FWS–HQ–ES–2015–0126 for landings by a beach seine operation may day of the comment period; that does not mean postmarked or otherwise the mitigation policy and FWS–HQ–ES– often be over 50 percent sardine, which 2015–0165 for the ESA–CMP. You may would exceed typically incidental transmitted by that date. enter a comment by clicking on the landing allowances, yet total only a few Authority: 16 U.S.C. 1801 et seq. ‘‘Comment Now!’’ button. Please ensure hundred pounds. Pursuant to a request Dated: November 1, 2017. that you have found the correct from the Council at their April 2016 Emily H. Menashes, document before submitting your meeting, the Coastal Pelagic Species Acting Director, Office of Sustainable comment. Management Team (CPSMT) explored Fisheries, National Marine Fisheries Service. • U.S. mail or hand delivery: Public management options to account for [FR Doc. 2017–24097 Filed 11–3–17; 8:45 am] Comments Processing, Attn: Docket No. these small-scale fisheries that have [FWS–HQ–ES–2015–0126 or FWS–HQ– BILLING CODE 3510–22–P been negatively impacted by the closure ES–2015–0165]; Division of Policy, of the directed sardine fishery. Performance, and Management At the April 2017 Council meeting, Programs; U.S. Fish and Wildlife the Council adopted Amendment 16 to Service; MS: BPHC; 5275 Leesburg Pike, the CPS FMP to allow minor directed DEPARTMENT OF THE INTERIOR Falls Church, VA 22041–3803. fishing to continue after a directed Fish and Wildlife Service We will post all comments on https:// fishery is closed. Minor directed fishing www.regulations.gov. This generally would be allowed unless otherwise 50 CFR Chapter I means that we will post any personal specified, or if an applicable ACL is information you provide us (see Request anticipated to be exceeded. As a further for Information below for more [Docket Nos. FWS–HQ–ES–2015–0126 and Pmangrum on DSK3GDR082PROD with PROPOSALS restriction, to ensure the minor directed information). FWS–HQ–ES–2015–0165; landing provision is not exploited to FXES11140900000–178–FF09E33000] FOR FURTHER INFORMATION CONTACT: make large aggregate harvests, Amendment 16 limits this directed Craig Aubrey, U.S. Fish and Wildlife Mitigation Policies of the U.S. Fish and fishing exemption so that landings Service, Division of Environmental Wildlife Service; Request for cannot exceed 1 metric ton (mt) per day Review, 5275 Leesburg Pike, Falls Comments per vessel or person, and which is Church, VA 22041–3803, telephone limited to one fishing trip per day by AGENCY: Fish and Wildlife Service, 703–358–2442. any vessel. The intent of distinguishing Interior. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 14:47 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\06NOP1.SGM 06NOP1


Document Created: 2017-11-07 10:30:42
Document Modified: 2017-11-07 10:30:42
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
ActionAvailability of fishery management plan amendment; request for comments.
DatesComments on Amendment 16 must be received by January 5, 2018.
ContactJoshua B. Lindsay, Sustainable Fisheries Division, NMFS, at 562-980-4034; or Kerry Griffin, Pacific Fishery Management Council, at 503-820-2280.
FR Citation82 FR 51381 
RIN Number0648-BG74
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