82 FR 55551 - 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 224 (November 22, 2017)

Page Range		55551-55552
FR Document		2017-25200

NMFS issues this proposed rule to implement Amendment 16 of the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The purpose of this proposed rule is to amend the CPS regulations to allow for very small amounts of directed, non-live bait fishing on CPS finfish to occur when a fishery is otherwise closed to directed fishing. Currently, when directed fishing closures are enacted, a small sector of the CPS fishery that is not part of the primary commercial directed fishery has been precluded from fishing and/or harvesting even minor amounts because this activity does not fall under the existing exemptions during closures for incidental harvest or for harvesting CPS to be sold as live bait. NMFS is proposing changes to the CPS regulations to allow this sector to continue directed fishing after other directed fisheries are closed, unless otherwise specified or if an applicable annual catch limit (ACL) is anticipated to be exceeded. As a further restriction, to ensure this minor directed fishing provision is not exploited to make large aggregate harvests, minor directed fishing would not be allowed to exceed landings of 1 metric ton (mt) per day per vessel or person or one fishing trip per day by any vessel.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Proposed Rules]
[Pages 55551-55552]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-25200]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170322302-7999-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 16 of
the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The
purpose of this proposed rule is to amend the CPS regulations to allow
for very small amounts of directed, non-live bait fishing on CPS
finfish to occur when a fishery is otherwise closed to directed
fishing. Currently, when directed fishing closures are enacted, a small
sector of the CPS fishery that is not part of the primary commercial
directed fishery has been precluded from fishing and/or harvesting even
minor amounts because this activity does not fall under the existing
exemptions during closures for incidental harvest or for harvesting CPS
to be sold as live bait. NMFS is proposing changes to the CPS
regulations to allow this sector to continue directed fishing after
other directed fisheries are closed, unless otherwise specified or if
an applicable annual catch limit (ACL) is anticipated to be exceeded.
As a further restriction, to ensure this minor directed fishing
provision is not exploited to make large aggregate harvests, minor
directed fishing would not be allowed to exceed landings of 1 metric
ton (mt) per day per vessel or person or one fishing trip per day by
any vessel.

DATES: Comments must be received by December 22, 2017.

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 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.
At its April 2017 meeting, the Pacific Fishery Management Council
(Council) voted to submit Amendment 16 to NMFS for review and approval;
this proposed rule would revise the implementing regulations for the
CPS FMP to implement Amendment 16 by allowing ``minor directed''
fishing for CPS finfish after a directed fishery has been closed.
Current regulations provide for potential allowances of live bait
fishing and incidental landings in the event of a directed fishery
closure; this action would allow a small sector of the CPS fishery that
is not part of the primary commercial directed fishery to harvest minor
amounts of CPS. This sector of the fishery intentionally targets CPS
and typically sells the catch as specialty dead bait to recreational
and commercial fisheries, or as fresh fish to restaurants and the
public. 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.
If this proposed rule is approved, minor directed fishing will be
allowed to continue after a directed fishery is closed. Minor directed
fishing will 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, this action proposes regulations to limit this
directed fishing exemption so that landings cannot exceed 1 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'' in these regulations is that some participants in

[[Page 55552]]

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, and NMFS is proposing, to allow a person to
make multiple fishing trips 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. For vessels, it was the Council's intent that the 1
mt daily landing restriction function like a trip limit.
This rule also proposes to update the definition of ``Regional
Administrator'' to reflect the absorption of the former NMFS Southwest
Region into the West Coast Region, and to explicitly reference the fact
that directed ``live bait'' fisheries may continue to operate after
most other directed fishing is prohibited (which is an original
provision of the FMP, not a change proposed in Amendment 16).

Classification

Pursuant to section 304 (b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
Amendment 16, other provisions of the MSA, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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,
for the following reasons:
The purpose of this rule is to add an exemption to the CPS
regulations that would allow very small levels of directed fishing to
occur during times when directed fishing would normally be disallowed.
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide.
The primary entities that would be affected by the proposed action
are the vessels and individuals that target very small levels of CPS
finfish as part of a small sector of the CPS fishery that is not part
of the primary commercial directed fishery and are all considered small
businesses under the above size standards. This small sector of the
fishery intentionally targets CPS and typically sells the catch as
specialty dead bait to recreational and commercial fisheries, or as
fresh fish to restaurants and the public. Total landings from this
sector typically make up less than one percent of the total landings of
any particular CPS stock. For example, the highest landing year for
Pacific sardine from this sector between 2005 and 2015 included 134
landings by 12 vessels, totaling only 50 mt of sardines, with an
average of 20 mt per year over this same time period. In comparison,
the average total landings of Pacific sardine over this time period was
around 69,000 mt. Although the landings from this sector are small in
comparison to the primary directed fisheries for CPS, the revenue
derived from these small landings make up an important revenue stream
for the participants.
The proposed action is not expected to have direct or indirect
adverse socioeconomic impacts as the primary function of this action is
to provide relief for the small entities who harvest small amounts of
CPS but are precluded from doing so under the existing directed fishery
closure regulations. Although the CPS FMP requires prohibitions on
directed fishing in certain situations, such as to protect the stock
when biomass is low, any fishing done under the proposed minor harvest
regulations would be accounted for and tracked under any applicable
catch limit for that year thereby continuing to protect the stock and
prevent overfishing. Additionally, because the landings from this
sector are so small this action is not expected to indirectly
negatively impact, through lost harvesting potential, those that are
currently provided exemptions during closures, such as the live bait
sector or the traditional purse seine vessels that utilize the
incidental harvest provisions during closures.
Based on the analysis above, the proposed action, if adopted, will
not have a significant economic impact on a substantial number of these
small entities. As a result, an Initial Regulatory Flexibility Analysis
is not required, and none has been prepared.

List of Subjects in 50 CFR Part 660

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: November 16, 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. 660.502, revise the definition of ``Regional
Administrator'' to read as follows:

Sec. 660.502 Definitions.

* * * * *
Regional Administrator means the Regional Administrator, West Coast
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
* * * * *
0
3. In Sec. 660.505, revise paragraph (i) to read as follows:

Sec. 660.505 Prohibitions.

* * * * *
(i) When a directed fishery has been closed, take and retain,
possess, or land more than the incidental trip limit announced in the
Federal Register, or a directed trip limit as described in Sec.
660.511(d).
* * * * *
0
4. In Sec. 660.511, revise paragraph (d) to read as follows:

Sec. 660.511 Catch restrictions.

* * * * *
(d) After the directed fishery for a CPS is closed under Sec.
660.509, no person may take and retain, possess or land more of that
species than the incidental trip limit set by the Regional
Administrator, except the following directed fisheries may continue
until the effective date of a Federal Register notice published by the
Regional Administrator that the annual catch limit has been reached or
is projected to be reached:
(1) Fishing exclusively for live bait;
(2) Minor directed fishing for finfish that does not exceed 1 mt
per day per vessel or person, and which is limited to 1 fishing trip
per day by any vessel.
* * * * *
[FR Doc. 2017-25200 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P

55552 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Proposed Rules

this small sector of the CPS fishery fish The primary entities that would be List of Subjects in 50 CFR Part 660
from a platform other than a vessel (e.g., affected by the proposed action are the Fisheries, Fishing, Reporting and
beach seine) and in a single fishing trip vessels and individuals that target very recordkeeping requirements.
(e.g., a single haul of a beach seine) may small levels of CPS finfish as part of a
only land a few hundred pounds. Dated: November 16, 2017.
small sector of the CPS fishery that is
Therefore, the Council recommended, Samuel D. Rauch III,
not part of the primary commercial
and NMFS is proposing, to allow a Deputy Assistant Administrator for
directed fishery and are all considered
person to make multiple fishing trips in Regulatory Programs, National Marine
small businesses under the above size Fisheries Service.
a single day as long as their total standards. This small sector of the
landings do not exceed 1 mt in a day. fishery intentionally targets CPS and For the reasons set out in the
The Council recommended that vessels typically sells the catch as specialty preamble, 50 CFR part 660 is proposed
be limited to a single trip as their typical dead bait to recreational and to be amended as follows:
landings are much greater per trip. For commercial fisheries, or as fresh fish to
vessels, it was the Council’s intent that PART 660—FISHERIES OFF WEST
restaurants and the public. Total COAST STATES
the 1 mt daily landing restriction landings from this sector typically make
function like a trip limit. up less than one percent of the total ■ 1. The authority citation for part 660
This rule also proposes to update the landings of any particular CPS stock. continues to read as follows:
definition of ‘‘Regional Administrator’’ For example, the highest landing year
to reflect the absorption of the former Authority: 16 U.S.C. 1801 et seq., 16
for Pacific sardine from this sector U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
NMFS Southwest Region into the West
between 2005 and 2015 included 134 ■ 2. In § 660.502, revise the definition of
Coast Region, and to explicitly reference
landings by 12 vessels, totaling only 50 ‘‘Regional Administrator’’ to read as
the fact that directed ‘‘live bait’’
fisheries may continue to operate after mt of sardines, with an average of 20 mt follows:
most other directed fishing is prohibited per year over this same time period. In
comparison, the average total landings § 660.502 Definitions.
(which is an original provision of the
FMP, not a change proposed in of Pacific sardine over this time period * * * * *
was around 69,000 mt. Although the Regional Administrator means the
Amendment 16).
landings from this sector are small in Regional Administrator, West Coast
Classification comparison to the primary directed Region, NMFS, 501 W. Ocean
Pursuant to section 304 (b)(1)(A) of fisheries for CPS, the revenue derived Boulevard, Suite 4200, Long Beach, CA
the MSA, the NMFS Assistant from these small landings make up an 90802–4213, or a designee.
Administrator has determined that this important revenue stream for the * * * * *
proposed rule is consistent with participants. ■ 3. In § 660.505, revise paragraph (i) to
Amendment 16, other provisions of the read as follows:
The proposed action is not expected
MSA, and other applicable law, subject to have direct or indirect adverse § 660.505 Prohibitions.
to further consideration after public socioeconomic impacts as the primary * * * * *
comment. function of this action is to provide (i) When a directed fishery has been
This proposed rule has been relief for the small entities who harvest closed, take and retain, possess, or land
determined to be not significant for small amounts of CPS but are precluded more than the incidental trip limit
purposes of Executive Order 12866. from doing so under the existing announced in the Federal Register, or a
The Chief Counsel for Regulation of directed fishery closure regulations. directed trip limit as described in
the Department of Commerce certified Although the CPS FMP requires § 660.511(d).
to the Chief Counsel for Advocacy of the prohibitions on directed fishing in * * * * *
Small Business Administration that this certain situations, such as to protect the ■ 4. In § 660.511, revise paragraph (d) to
proposed rule, if adopted, would not stock when biomass is low, any fishing read as follows:
have a significant economic impact on done under the proposed minor harvest
a substantial number of small entities, regulations would be accounted for and § 660.511 Catch restrictions.
for the following reasons: tracked under any applicable catch limit * * * * *
The purpose of this rule is to add an for that year thereby continuing to (d) After the directed fishery for a CPS
exemption to the CPS regulations that protect the stock and prevent is closed under § 660.509, no person
would allow very small levels of overfishing. Additionally, because the may take and retain, possess or land
directed fishing to occur during times landings from this sector are so small more of that species than the incidental
when directed fishing would normally trip limit set by the Regional
this action is not expected to indirectly
be disallowed. Administrator, except the following
negatively impact, through lost
For Regulatory Flexibility Act (RFA) directed fisheries may continue until
harvesting potential, those that are
purposes only, NMFS has established a the effective date of a Federal Register
currently provided exemptions during
small business size standard for notice published by the Regional
closures, such as the live bait sector or
businesses, including their affiliates, Administrator that the annual catch
the traditional purse seine vessels that
whose primary industry is commercial limit has been reached or is projected to
utilize the incidental harvest provisions
fishing (see 50 CFR 200.2). A business be reached:
during closures.
ethrower on DSK3G9T082PROD with PROPOSALS

primarily engaged in commercial fishing (1) Fishing exclusively for live bait;
(NAICS code 11411) is classified as a Based on the analysis above, the (2) Minor directed fishing for finfish
small business if it is independently proposed action, if adopted, will not that does not exceed 1 mt per day per
owned and operated, is not dominant in have a significant economic impact on vessel or person, and which is limited
its field of operation (including its a substantial number of these small to 1 fishing trip per day by any vessel.
affiliates), and has combined annual entities. As a result, an Initial * * * * *
receipts not in excess of $11 million for Regulatory Flexibility Analysis is not [FR Doc. 2017–25200 Filed 11–21–17; 8:45 am]
all its affiliated operations worldwide. required, and none has been prepared. BILLING CODE 3510–22–P

VerDate Sep<11>2014 17:48 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\22NOP1.SGM 22NOP1

Document Created: 2017-11-22 00:49:08
Document Modified: 2017-11-22 00:49:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Comments must be received by December 22, 2017.
Contact		Joshua B. Lindsay, Sustainable Fisheries Division, NMFS, at 562-980-4034; or Kerry Griffin, Pacific Fishery Management Council, at 503-820-2280.
FR Citation		82 FR 55551
RIN Number		0648-BG74
CFR Associated		Fisheries; Fishing and Reporting and Recordkeeping Requirements

82 FR 55551 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration