82 FR 812 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment to Regulations Implementing the Coastal Pelagic Species Fishery Management Plan; Change to Pacific Mackerel Management Cycle From Annual to Biennial
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 2 (January 4, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 2 (January 4, 2017)
| Page Range | 812-814 | |
| FR Document | 2016-31900 |
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)] [Proposed Rules] [Pages 812-814] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31900] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160614521-6999-01] RIN 0648-BF96 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment to Regulations Implementing the Coastal Pelagic Species Fishery Management Plan; Change to Pacific Mackerel Management Cycle From Annual to Biennial AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) states that each year the Secretary will publish in the Federal Register the final specifications for all stocks in the actively managed stock category, which includes Pacific mackerel. NMFS is proposing to change the management framework for Pacific mackerel to set specifications biennially instead of on an annual basis from the 2017 fishing season forward. DATES: Comments must be received by February 3, 2017. ADDRESSES: You may submit comments on this document identified by NOAA- NMFS-2016-0053, by either 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-2016-0053, 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, 7600 Sand Point Way NE., Seattle, WA 98115-0070; Attn: Joshua Lindsay. 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 Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific mackerel fishery in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast (California, Oregon, and Washington) in accordance with the CPS FMP. The FMP states that each year the Secretary will publish in the Federal Register the specifications for all stocks in the actively managed stock category, which includes Pacific mackerel. In 2013 the Pacific Fishery Management Council (Council) recommended that the harvest specification process for Pacific mackerel move from a 1-year management cycle to a 2-year management cycle beginning in 2015. The Council recommended this revision to the management cycle under the CPS FMP's framework mechanism, which allows such changes by rulemaking without formally amending the fishery management plan itself. NMFS published the annual specifications for Pacific mackerel for the 2015- 16 and 2016-17 fishing seasons to keep pace with the schedule of the fishery, and is now proposing to change the annual notice requirement under the framework [[Page 813]] mechanism of the CPS FMP. This change will allow 2 years of harvest specifications to be implemented with one rulemaking, beginning with the 2017 fishing season. The CPS FMP and its implementing regulations require NMFS to set annual catch levels for the Pacific mackerel fishery based on the annual specification framework and control rules in the FMP. These control rules include the harvest guideline (HG) control rule, which in conjunction with the overfishing limit (OFL), acceptable biological catch (ABC) and annual catch limit (ACL) rules in the FMP are used to manage harvest levels for Pacific mackerel, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Annual estimates of biomass are an explicit part of these various harvest control rules, therefore, annual stock assessments are currently conducted for Pacific mackerel to provide annual estimates of biomass. Then, during public meetings each year, the estimated biomass for Pacific mackerel from these assessments is presented to the Council's CPS Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific and Statistical Committee (SSC), and the biomass and the status of the fishery are reviewed and discussed. The biomass estimate is then presented to the Council along with recommendations and comments from the Team, Subpanel and SSC. Following review by the Council and after hearing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. Based on these recommendations, NMFS implements these catch specifications for each fishing year and publishes the specifications annually. Little new information is available for informing Pacific mackerel stock assessments from one year to the next. Therefore, stock assessment scientists at the Southwest Fisheries Science Center along with the SSC determined that conducting stock assessments annually is not necessary to manage Pacific mackerel sustainably; conducting assessments every 2 years can provide the necessary scientific information to continue to manage the stock sustainably. Annual landings of Pacific mackerel have also remained at historically low levels with landings averaging 5,000 mt over the last 10 years, well below the annual quotas over this time period. This highlights that the biomass of this stock is not being greatly impacted by fishing pressure. Low landings since 2011 are also one of the limitations of the recent stock assessments because they result in limited fishery- dependent sample information to feed into the stock assessment. This proposed action would change the review and implementation schedule for setting Pacific mackerel harvest specifications as well as the stock assessment cycle, allowing NMFS to implement 2 years of catch specifications with a single notice and comment rulemaking. The Council would also review the Pacific mackerel biomass estimates every 2 years. Reviewing biomass estimates and implementing catch specifications for 2 years at a time instead of 1 would allow NMFS and the Council to use available time and resources in a more efficient manner, while still preserving the conservation and management goals of the FMP, and using the best available science. If this proposal is approved, NMFS would set biennial specifications from the 2017 fishing season forward. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the Assistant Administrator, NMFS, has determined that this proposed rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, 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: For 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 small entities that would be affected by the proposed action are the vessels that harvest Pacific mackerel as part of the West Coast CPS finfish fleet and are all considered small businesses under the above size standards. Pacific mackerel are principally caught off southern California within the limited entry portion (south of 39 degrees N. latitude; Point Arena, California) of the fishery. Currently there are 56 vessels permitted in the Federal CPS limited entry fishery off California of which about 25 to 39 vessels have been annually engaged in harvesting Pacific mackerel in recent years (2009-2015). For those vessels that caught Pacific mackerel during that time, the average annual per vessel revenue has been about $1.25 million. The individual vessel revenue for these vessels is well below the threshold level of $11 million; therefore, all of these vessels are considered small businesses under the RFA. Because each affected vessel is a small business, this proposed rule is considered to equally affect all of these small entities in the same manner. This proposed action changes the management schedule for Pacific mackerel to allow 2 years of specifications to be set at one time. The general procedures for setting specifications as described in the CPS FMP (public meetings, periodic reviews of the estimates of stock biomass, tracking catch, etc.) remain unchanged. This action is not expected to have significant direct or indirect socioeconomic impacts because harvest limits and management measures influencing ex-vessel revenue and personal income, such as the general harvest control rules for actively managed species in the CPS FMP remain unchanged by this proposed action. Instead, the proposed action only changes the timing the specifications are set from an annual to biennial process. Based on the disproportionality and profitability analysis above, the proposed action, if adopted, will not have a significant economic impact on a substantial number of 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: December 28, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 660 as follows: [[Page 814]] 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. 660.508, add paragraph (e) to read as follows: Sec. 660.508 Annual specifications. * * * * * (e) Pacific mackerel. Every 2 years the Regional Administrator will determine, and publish in the Federal Register, harvest specifications for 2 consecutive fishing seasons for Pacific mackerel. [FR Doc. 2016-31900 Filed 1-3-17; 8:45 am] BILLING CODE 3510-22-P
![812 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
use an anchor or chain, or use a grapple NMFS will publish a proposed rule in ADDRESSES: You may submit comments
and chain while in spawning SMZs. the Federal Register for public review on this document identified by NOAA–
Fishermen would continue to be and comment. NMFS–2016–0053, by either of the
allowed to troll for pelagic species such following methods:
Consideration of Public Comments
as dolphin, tuna, and billfish in • Electronic Submission: Submit all
spawning SMZs. The Council has submitted electronic public comments via the
Amendment 36 for Secretarial review, Federal e-Rulemaking Portal. Go to
Establish a Sunset Provision for the
approval, and implementation. www.regulations.gov/
Spawning SMZs
Comments on Amendment 36 must be #!docketDetail;D=NOAA-NMFS-2016-
Amendment 36 would establish a 10- received by March 6, 2017. Comments 0053, click the ‘‘Comment Now!’’ icon,
year sunset provision for the received during the respective comment complete the required fields, and enter
establishment of the proposed spawning periods, whether specifically directed to or attach your comments.
SMZs, except for the Area 51 and Area the amendment or the proposed rule, • Mail: Submit written comments to
53 Spawning SMZs, which will remain will be considered by NMFS in its Barry A. Thom, Regional Administrator,
in effect indefinitely. Thus, except for decision to approve, disapprove, or West Coast Region, NMFS, 7600 Sand
the latter two areas, the proposed partially approve Amendment 36. All Point Way NE., Seattle, WA 98115–
spawning SMZs and their associated comments received by NMFS on the 0070; Attn: Joshua Lindsay.
management measures would be amendment or the proposed rule during Instructions: Comments sent by any
effective for 10 years following the their respective comment periods will other method, to any other address or
implementation of a final rule for be addressed in the final rule. individual, or received after the end of
Amendment 36. For the proposed the comment period, may not be
Authority: 16 U.S.C. 1801 et seq.
spawning SMZs and management considered by NMFS. All comments
measures subject to the sunset provision Dated: December 29, 2016. received are a part of the public record
to extend beyond 10 years, the Council Alan D. Risenhoover, and will generally be posted for public
would need to evaluate the effectiveness Director, Office of Sustainable Fisheries, viewing on www.regulations.gov
of the spawning SMZs for conserving National Marine Fisheries Service. without change. All personal identifying
and protecting spawning snapper- [FR Doc. 2016–31896 Filed 1–3–17; 8:45 am] information (e.g., name, address, etc.),
grouper species, and subsequently take BILLING CODE 3510–22–P confidential business information, or
further action. The Council will otherwise sensitive information
regularly evaluate all of the spawning submitted voluntarily by the sender will
SMZs over the 10-year period. They DEPARTMENT OF COMMERCE be publicly accessible. NMFS will
concluded that this period was an accept anonymous comments (enter ‘‘N/
appropriate timeframe to monitor the National Oceanic and Atmospheric A’’ in the required fields if you wish to
sites and determine whether a sufficient Administration remain anonymous). Attachments to
level of spawning by snapper-grouper electronic comments will be accepted in
species occurs to justify continued 50 CFR Part 660 Microsoft Word, Excel, or Adobe PDF
protection as spawning SMZs. file formats only.
[Docket No. 160614521–6999–01]
Move the Existing Charleston Deep FOR FURTHER INFORMATION CONTACT:
Artificial Reef MPA RIN 0648–BF96 Joshua Lindsay, West Coast Region,
Amendment 36 would move the Fisheries Off West Coast States; NMFS, (562) 980–4034.
existing Charleston Deep Artificial Reef Coastal Pelagic Species Fisheries; SUPPLEMENTARY INFORMATION: NMFS
MPA 1.4 mi (2.3 km) northwest to Amendment to Regulations manages the Pacific mackerel fishery in
match the boundary of the U.S. Army Implementing the Coastal Pelagic the U.S. Exclusive Economic Zone (EEZ)
Corps of Engineers’ permitted artificial Species Fishery Management Plan; off the Pacific coast (California, Oregon,
reef area at that location. The size of the Change to Pacific Mackerel and Washington) in accordance with the
MPA would remain the same. The Management Cycle From Annual to CPS FMP. The FMP states that each year
Council originally designated the Biennial the Secretary will publish in the Federal
current area as an artificial reef site in Register the specifications for all stocks
Amendment 14. The State of South AGENCY: National Marine Fisheries in the actively managed stock category,
Carolina has worked with the U.S. Army Service (NMFS), National Oceanic and which includes Pacific mackerel. In
Corps of Engineers to modify the Atmospheric Administration (NOAA), 2013 the Pacific Fishery Management
boundary of this site to include material Commerce. Council (Council) recommended that
recently sunk by the state in the area ACTION: Proposed rule. the harvest specification process for
and has requested the Council shift their Pacific mackerel move from a 1-year
boundary of the existing Charleston SUMMARY: The Coastal Pelagic Species management cycle to a 2-year
Deep Artificial Reef MPA to match the (CPS) Fishery Management Plan (FMP) management cycle beginning in 2015.
new boundary of the U.S. Army Corps states that each year the Secretary will The Council recommended this revision
of Engineers’ permitted artificial reef publish in the Federal Register the final to the management cycle under the CPS
area. specifications for all stocks in the FMP’s framework mechanism, which
A proposed rule that would actively managed stock category, which allows such changes by rulemaking
mstockstill on DSK3G9T082PROD with PROPOSALS
implement measures outlined in includes Pacific mackerel. NMFS is without formally amending the fishery
Amendment 36 has been drafted. In proposing to change the management management plan itself. NMFS
accordance with the Magnuson-Stevens framework for Pacific mackerel to set published the annual specifications for
Act, NMFS is evaluating the proposed specifications biennially instead of on Pacific mackerel for the 2015–16 and
rule to determine whether it is an annual basis from the 2017 fishing 2016–17 fishing seasons to keep pace
consistent with the FMP, the Magnuson- season forward. with the schedule of the fishery, and is
Stevens Act, and other applicable laws. DATES: Comments must be received by now proposing to change the annual
If that determination is affirmative, February 3, 2017. notice requirement under the framework
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![814 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
PART 660—FISHERIES OFF WEST ■ 2. In § 660.508, add paragraph (e) to and publish in the Federal Register,
COAST STATES read as follows: harvest specifications for 2 consecutive
fishing seasons for Pacific mackerel.
■ 1. The authority citation for part 660 § 660.508 Annual specifications.
[FR Doc. 2016–31900 Filed 1–3–17; 8:45 am]
continues to read as follows: * * * * *
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. (e) Pacific mackerel. Every 2 years the
773 et seq., and 16 U.S.C. 7001 et seq. Regional Administrator will determine,
mstockstill on DSK3G9T082PROD with PROPOSALS
VerDate Sep<11>2014 18:07 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4702 Sfmt 9990 E:\FR\FM\04JAP1.SGM 04JAP1](https://thefederalregister.org/doc/82_FR_814/page/3.svg)
Document Created: 2017-01-04 00:29:38
Document Modified: 2017-01-04 00:29:38
| 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. | |
| Dates | Comments must be received by February 3, 2017. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. | |
| FR Citation | 82 FR 812 | |
| RIN Number | 0648-BF96 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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