82_FR_53107 82 FR 52888 - Determination of Overfishing or an Overfished Condition

82 FR 52888 - Determination of Overfishing or an Overfished Condition

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range52888-52889
FR Document2017-24686

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that the following stocks are subject to overfishing or approaching an overfished condition. The Stillaguamish coho salmon stock in Puget Sound is now subject to overfishing. The Klamath River fall Chinook salmon stock on the Northern California coast, the Queets coho salmon stock on the Washington coast, and the Skagit coho salmon stock in Puget Sound are all approaching an overfished condition. The Puerto Rico spiny lobster stock and the Puerto Rico Triggerfishes and Filefishes Complex are both still subject to overfishing. NMFS, on behalf of the Secretary, notifies the appropriate fishery management council (Council) whenever it determines that overfishing is occurring, a stock is in an overfished condition or a stock is approaching an overfished condition.

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)
[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52888-52889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF728


Determination of Overfishing or an Overfished Condition

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

ACTION: Notice.

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

SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has found that the following stocks 
are subject to overfishing or approaching an overfished condition. The 
Stillaguamish coho salmon stock in Puget Sound is now subject to 
overfishing. The Klamath River fall Chinook salmon stock on the 
Northern California coast, the Queets coho salmon stock on the 
Washington coast, and the Skagit coho salmon stock in Puget Sound are 
all approaching an overfished condition. The Puerto Rico spiny lobster 
stock and the Puerto Rico Triggerfishes and Filefishes Complex are both 
still subject to overfishing. NMFS, on behalf of the Secretary, 
notifies the appropriate fishery management council (Council) whenever 
it determines that overfishing is occurring, a stock is in an 
overfished condition or a stock is approaching an overfished condition.

FOR FURTHER INFORMATION CONTACT: Regina Spallone, (301) 427-8568.

SUPPLEMENTARY INFORMATION: Pursuant to section 304(e)(2) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1854(e)(2), NMFS, on behalf of the Secretary, 
must notify Councils, and publish in the Federal Register, whenever it 
determines that a stock or stock complex is subject to overfishing, 
overfished, or approaching an overfished condition.
    NMFS has determined that the Stillaguamish coho salmon stock in 
Puget Sound is now subject to overfishing, as the current estimate of 
fishing mortality (F) exceeds its maximum fishing mortality threshold 
(MFMT). This determination is based on a 2017 assessment--using data 
from 2015--produced by the Pacific Fishery Management Council's 
(Pacific Council) Salmon Technical Team (STT). The Pacific Council 
manages this stock. Since this stock migrates north, it is also managed 
under the Pacific Salmon Treaty (Treaty), a bilateral agreement to 
facilitate management of certain salmon stocks between the United 
States and Canada. The Pacific Salmon Commission (Commission) 
implements this Treaty. NMFS has informed the Pacific Council of this 
determination and that, if exceedance of MFMT for Stillaguamish coho 
continues, the Council may consider taking further action, consistent 
with the provisions of the FMP. Due to the international management of 
this stock, the Pacific Council has limited ability to control ocean 
fisheries in waters outside their jurisdiction.
    NMFS has determined that the Klamath River fall Chinook salmon 
stock on the Northern California coast,

[[Page 52889]]

the Queets coho salmon stock on the Washington coast, and the Skagit 
coho salmon stock in Puget Sound are all approaching an overfished 
condition. These determinations are made when the 3-year geometric mean 
of each stock's two most recent postseason estimates of spawning 
escapement and the current preseason forecast of spawning escapement is 
below the stock's minimum stock size threshold (MSST). The 
determination for Chinook is based on a 2017 assessment--using data 
from 2015-2017--produced by the Pacific Council's STT using 
methodologies that have been reviewed by the Pacific Council's Science 
and Statistical Committee. The determinations for the two coho stocks 
are based on a 2017 assessment--using data from 2014-2015, 2017--
produced by the Commission's Coho Technical Committee. NMFS informed 
the Pacific Council that if any of these stocks become overfished, they 
must direct the STT to prepare a rebuilding plan within one year. Due 
to the international management of the coho stocks, the Pacific Council 
has limited ability to control ocean fisheries in waters outside their 
jurisdiction.
    NMFS has determined that Puerto Rico spiny lobster and the Puerto 
Rico Triggerfishes and Filefishes Complex are both still subject to 
overfishing because the 2015 landings exceeded the overfishing limits 
(OFLs). NMFS is working with the Caribbean Fishery Management Council 
to implement conservation and management measures to end overfishing on 
this stock and stock complex.

    Dated: November 8, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24686 Filed 11-14-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                52888                   Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices

                                                also be killed because juveniles from                   researchers do not propose to kill any                Commerce (Secretary), has found that
                                                different ESUs cannot be distinguished                  fish but a small number may die as an                 the following stocks are subject to
                                                visually. Fish that are killed would be                 unintended result of research activities.             overfishing or approaching an
                                                frozen individually and later identified                                                                      overfished condition. The Stillaguamish
                                                                                                        Permit 21507
                                                to ESU using genetic analysis. The                                                                            coho salmon stock in Puget Sound is
                                                researchers would pool UWR Chinook                         Mount Hood Environmental is                        now subject to overfishing. The Klamath
                                                specimens into composite samples for                    seeking a research permit, for three                  River fall Chinook salmon stock on the
                                                toxicological analysis and would use                    years, that would allow them to take                  Northern California coast, the Queets
                                                scales and otoliths for analysis of age                 juvenile and adult UWR steelhead and                  coho salmon stock on the Washington
                                                and growth. Specimens that are                          UWR Chinook in the Tualatin River                     coast, and the Skagit coho salmon stock
                                                identified through genetic analysis to an               (Oregon). The purpose of the research is              in Puget Sound are all approaching an
                                                ESU other than the UWR Chinook ESU                      to determine if salmonids and lamprey                 overfished condition. The Puerto Rico
                                                would be saved and offered for use in                   are present in the intake channel from                spiny lobster stock and the Puerto Rico
                                                other studies pending NMFS approval.                    the Tualatin River to the Spring Hill                 Triggerfishes and Filefishes Complex
                                                   The NWFSC researchers used                           Pumping Plant and if these fish are                   are both still subject to overfishing.
                                                information from past studies to                        likely to be entrained in the intake. The             NMFS, on behalf of the Secretary,
                                                estimate the number of fish needed to                   study would benefit listed fish by                    notifies the appropriate fishery
                                                obtain enough tissues for statistically                 providing information to manage and                   management council (Council)
                                                robust sample sizes, and to estimate                    mitigate for potential entrainment of                 whenever it determines that overfishing
                                                expected mortality rates of fish from                   these fish during early life-stages. The              is occurring, a stock is in an overfished
                                                non-target ESUs. Based on this                          researchers propose to work in the                    condition or a stock is approaching an
                                                information, the NWFSC proposes to                      intake channel, where they would                      overfished condition.
                                                intentionally kill up to: 201 natural-                  measure water temperature and                         FOR FURTHER INFORMATION CONTACT:
                                                origin and 9 hatchery-origin (intact                    velocity, capture fish by seining,                    Regina Spallone, (301) 427–8568.
                                                adipose fin) juvenile UWR Chinook                       trapping, and boat-electrofishing, hold
                                                                                                                                                              SUPPLEMENTARY INFORMATION: Pursuant
                                                salmon; 119 natural-origin and 5                        fish in aerated buckets, identify them,
                                                hatchery-origin (intact adipose fin)                                                                          to section 304(e)(2) of the Magnuson-
                                                                                                        and then release them back to the
                                                juvenile LCR Chinook salmon; 4                                                                                Stevens Fishery Conservation and
                                                                                                        channel. The researchers do not propose
                                                natural-origin juvenile SR fall-run                                                                           Management Act (Magnuson-Stevens
                                                                                                        to kill any fish but a small number may
                                                Chinook salmon; 2 natural-origin                                                                              Act), 16 U.S.C. 1854(e)(2), NMFS, on
                                                                                                        die as an unintended result of research
                                                juvenile SR spring/summer-run Chinook                                                                         behalf of the Secretary, must notify
                                                                                                        activities.
                                                salmon; and 5 natural-origin juvenile                      This notice is provided pursuant to                Councils, and publish in the Federal
                                                UCR spring-run Chinook salmon. Any                      section 10(c) of the ESA. NMFS will                   Register, whenever it determines that a
                                                Chinook salmon unintentionally killed                   evaluate the applications, associated                 stock or stock complex is subject to
                                                during the research would be used in                    documents, and comments submitted to                  overfishing, overfished, or approaching
                                                lieu of a fish that would otherwise be                  determine whether the applications                    an overfished condition.
                                                sacrificed. The NWFSC does not intend                   meet the requirements of section 10(a)                   NMFS has determined that the
                                                to kill any fish that is not a juvenile                 of the ESA and Federal regulations. The               Stillaguamish coho salmon stock in
                                                Chinook salmon, but a small number of                   final permit decisions will not be made               Puget Sound is now subject to
                                                individuals from other species may die                  until after the end of the 30-day                     overfishing, as the current estimate of
                                                as an unintended result of the research                 comment period. NMFS will publish                     fishing mortality (F) exceeds its
                                                activities.                                             notice of its final action in the Federal             maximum fishing mortality threshold
                                                                                                        Register.                                             (MFMT). This determination is based on
                                                Permit 21432                                                                                                  a 2017 assessment—using data from
                                                  Cramer Fish Sciences is seeking a                        Dated: November 8, 2017.                           2015—produced by the Pacific Fishery
                                                research permit, for two years, that                    Angela Somma,                                         Management Council’s (Pacific Council)
                                                would allow them to take juvenile LCR                   Chief, Endangered Species Division, Office            Salmon Technical Team (STT). The
                                                Chinook, LCR coho, LCR steelhead, and                   of Protected Resources, National Marine               Pacific Council manages this stock.
                                                MCR steelhead in the Klickitat, Wind,                   Fisheries Service.                                    Since this stock migrates north, it is also
                                                and White Salmon River subbasins                        [FR Doc. 2017–24690 Filed 11–14–17; 8:45 am]          managed under the Pacific Salmon
                                                (Washington). The purpose of the                        BILLING CODE 3510–22–P                                Treaty (Treaty), a bilateral agreement to
                                                research is to determine fish occupancy                                                                       facilitate management of certain salmon
                                                in stream reaches in lands owned by                                                                           stocks between the United States and
                                                SDS Lumber Company. Cramer Fish                         DEPARTMENT OF COMMERCE                                Canada. The Pacific Salmon
                                                Sciences proposes to capture fish using                                                                       Commission (Commission) implements
                                                                                                        National Oceanic and Atmospheric
                                                single-pass backpack electrofishing,                                                                          this Treaty. NMFS has informed the
                                                                                                        Administration
                                                identify fish while they are held briefly                                                                     Pacific Council of this determination
                                                in hand-held dip nets, and return fish to               RIN 0648–XF728                                        and that, if exceedance of MFMT for
                                                the stream. The researchers would                                                                             Stillaguamish coho continues, the
                                                compare results of the electrofishing                   Determination of Overfishing or an                    Council may consider taking further
                                                surveys with environmental DNA                          Overfished Condition                                  action, consistent with the provisions of
                                                (eDNA) studies done in the same stream
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                                                                                                        AGENCY:  National Marine Fisheries                    the FMP. Due to the international
                                                reaches, which would provide                            Service (NMFS), National Oceanic and                  management of this stock, the Pacific
                                                information on the utility of eDNA                      Atmospheric Administration (NOAA),                    Council has limited ability to control
                                                analysis for determining fish occupancy.                Commerce.                                             ocean fisheries in waters outside their
                                                The research would benefit listed fish                  ACTION: Notice.                                       jurisdiction.
                                                by affording them protections if they are                                                                        NMFS has determined that the
                                                found in streams that previously were                   SUMMARY: This action serves as a notice               Klamath River fall Chinook salmon
                                                assessed as non-fish bearing. The                       that NMFS, on behalf of the Secretary of              stock on the Northern California coast,


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                                                                         Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices                                           52889

                                                the Queets coho salmon stock on the                     ADDRESSES:   You may submit comments                  their accounts by mailing a check to the
                                                Washington coast, and the Skagit coho                   by any of the following methods:                      USPTO, sending funds via wire transfer,
                                                salmon stock in Puget Sound are all                       • Email: InformationCollection@                     or making a deposit online via EFT
                                                approaching an overfished condition.                    uspto.gov. Include ‘‘0651–0043                        using Financial Manager at the USPTO
                                                These determinations are made when                      comment’’ in the subject line of the                  Web site. Replenishments may not be
                                                the 3-year geometric mean of each                       message.                                              made by credit card. Customers may
                                                stock’s two most recent postseason                        • Federal Rulemaking Portal: http://                close or withdraw funds from their
                                                estimates of spawning escapement and                    www.regulations.gov.                                  deposit accounts online using Financial
                                                the current preseason forecast of                         • Mail: Marcie Lovett, Records and                  Manager at the USPTO Web site.
                                                spawning escapement is below the                        Information Governance Division                         In addition to credit cards and deposit
                                                stock’s minimum stock size threshold                    Director, Office of the Chief Technology              accounts, customers may also use EFT
                                                (MSST). The determination for Chinook                   Officer, United States Patent and                     to make online fee payments to the
                                                is based on a 2017 assessment—using                     Trademark Office, P.O. Box 1450,                      USPTO. Customers must first establish
                                                data from 2015–2017—produced by the                     Alexandria, VA 22313–1450.                            a user profile and submit their banking
                                                Pacific Council’s STT using                             FOR FURTHER INFORMATION CONTACT:                      information online through Financial
                                                methodologies that have been reviewed                   Requests for additional information                   Manager at the USPTO Web site.
                                                by the Pacific Council’s Science and                    should be directed to Matthew Lee,                      Under 37 CFR 1.26 and 2.209, the
                                                Statistical Committee. The                              Office of Finance by email to                         USPTO may refund fees paid by mistake
                                                determinations for the two coho stocks                  Matthew.Lee@uspto.gov with ‘‘0651–                    or in excess of the required amount. For
                                                are based on a 2017 assessment—using                    0043 comment’’ in the subject line.                   refund requests customers may submit a
                                                data from 2014–2015, 2017—produced                      Additional information about this                     written request to the Refund Branch of
                                                by the Commission’s Coho Technical                      collection is also available at http://               the USPTO Office of Finance.
                                                Committee. NMFS informed the Pacific                    www.reginfo.gov under ‘‘Information                     The USPTO deployed the Financial
                                                Council that if any of these stocks                     Collection Review.’’                                  Manager system allowing customers to
                                                become overfished, they must direct the                                                                       add, manage, and report on payment
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                STT to prepare a rebuilding plan within                                                                       methods in their online user profiles at
                                                one year. Due to the international                      I. Abstract                                           the USPTO Web site. After establishing
                                                management of the coho stocks, the                                                                            a USPTO.gov account username and
                                                                                                           Customers may submit payments to
                                                Pacific Council has limited ability to                                                                        password, customers may add their
                                                                                                        the USPTO by several methods,
                                                control ocean fisheries in waters outside                                                                     credit card, deposit account, and EFT
                                                                                                        including credit card, deposit account,
                                                their jurisdiction.                                                                                           information to their account using the
                                                   NMFS has determined that Puerto                      electronic funds transfer (EFT), and
                                                                                                        paper check transactions. The                         Financial Manager web interface.
                                                Rico spiny lobster and the Puerto Rico                                                                        Customers may then manage and report
                                                Triggerfishes and Filefishes Complex                    provisions of 35 U.S.C. 41 and 15 U.S.C.
                                                                                                        1113 are implemented in 37 CFR 1.16–                  on these stored payment methods
                                                are both still subject to overfishing                                                                         online. The stored payment methods
                                                because the 2015 landings exceeded the                  1.28, 2.6–2.7, and 2.206–2.209. Under
                                                                                                        35 U.S.C. 41 and 15 U.S.C. 1113, the                  may be used when the customer
                                                overfishing limits (OFLs). NMFS is                                                                            conducts transactions with the USPTO.
                                                working with the Caribbean Fishery                      United States Patent and Trademark
                                                Management Council to implement                         Office (USPTO) charges processing fees                II. Method of Collection
                                                conservation and management measures                    in the form of service charges related to
                                                                                                                                                                 By mail, facsimile, hand delivery, or
                                                to end overfishing on this stock and                    deposit accounts and payments refused.
                                                                                                                                                              electronically to the USPTO.
                                                stock complex.                                             This information collection includes
                                                                                                        the Credit Card Payment Form (PTO–                    III. Data
                                                  Dated: November 8, 2017.                              2038), which provides the public with                    OMB Number: 0651–0043.
                                                Emily H. Menashes,                                      a convenient way to submit a credit card                 IC Instruments and Forms: PTO–2038.
                                                Acting Director, Office of Sustainable                  payment for fees related to a patent,                    Type of Review: Extension of a
                                                Fisheries, National Marine Fisheries Service.           trademark, or information product.                    Previously Existing Information
                                                [FR Doc. 2017–24686 Filed 11–14–17; 8:45 am]            Customers may also submit credit card                 Collection.
                                                BILLING CODE 3510–22–P                                  payments via the USPTO Payment Page                      Affected Public: Individuals or
                                                                                                        when using online systems through the                 households; businesses or other for-
                                                                                                        USPTO Web site for paying fees related                profits; and not-for-profit institutions.
                                                DEPARTMENT OF COMMERCE                                  to patents, trademarks, or information                   Estimated Number of Respondents:
                                                                                                        products.                                             118,796 responses per year.
                                                United States Patent and Trademark                         Customers may establish a deposit                     Estimated Time per Response: The
                                                Office                                                  account for making fee payments online                USPTO estimates that it will take the
                                                Patent and Trademark Financial                          using Financial Manager at the USPTO                  public approximately two to seven
                                                Transactions                                            Web site. Deposit accounts eliminate the              minutes (0.03 to 0.12 hours) to gather
                                                                                                        need to submit a check, credit card, or               the necessary information, prepare the
                                                ACTION:    Proposed collection; comment                 other form of payment for each fee                    appropriate form or document, and
                                                request.                                                transaction with the USPTO.                           submit the items in this collection to the
                                                                                                        Additionally, in the event that a fee                 USPTO.
                                                SUMMARY:   The United States Patent and                 amount due is miscalculated, customers
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                                                                                                                                                                 Estimated Total Annual Respondent
                                                Trademark Office (USPTO), as required                   may authorize the USPTO to charge any                 Burden Hours: 4,395.83 hours.
                                                by the Paperwork Reduction Act of                       remaining balance to the deposit                         Estimated Total Annual Respondent
                                                1995, invites comments on a proposed                    account and therefore avoid the                       (Hourly) Cost Burden: $293,993.33. The
                                                extension of an existing information                    potential consequences of                             USPTO expects that 75% of the
                                                collection.                                             underpayment. As customers use their                  submission in this this collection will
                                                DATES: Written comments must be                         deposit accounts to make payments,                    be prepared by financial administrators
                                                submitted on or before January 16, 2018.                they may deposit funds to replenish                   and that 25% will be prepared by


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Document Created: 2018-10-25 10:36:48
Document Modified: 2018-10-25 10:36:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactRegina Spallone, (301) 427-8568.
FR Citation82 FR 52888 
RIN Number0648-XF72

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