83 FR 18259 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Shorebased Individual Fishing Quota Program
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 81 (April 26, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 81 (April 26, 2018)
| Page Range | 18259-18260 | |
| FR Document | 2018-08761 |
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)] [Proposed Rules] [Pages 18259-18260] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08761] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 171030999-8375-01] RIN 0648-BH34 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Shorebased Individual Fishing Quota Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advanced notice of proposed rulemaking; request for comments. ----------------------------------------------------------------------- SUMMARY: This notice provides information on a request by the Pacific Fishery Management Council (Council) to establish a control date of September 15, 2017, for the Pacific Coast groundfish fishery. The Council may use the control date to limit the extent, location, or ability to use non-trawl gear types to harvest individual fishing quota (IFQ) (termed `gear switching') in the Pacific Coast groundfish fishery. The Council may or may not provide credit for any gear switching related activities after the control date in any decision setting limits on gear switching. The control date would account for Pacific Coast groundfish fishery participants with historic investment to engage in gear switching should the Council set limits to future participants eligible to gear switch. DATES: Written comments must be received by May 29, 2018. ADDRESSES: You may submit comments on the proposed rule identified by ``NOAA-NMFS-2018-0015'' 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-2018-0015, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Frank Lockhart, NMFS West Coast Regional Office, 7600 Sand Point Way NE, Seattle, WA 98115. 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). FOR FURTHER INFORMATION CONTACT: Colin Sayre, NMFS West Coast Regional Office, telephone: 206-526-4656, or email: colin.sayre@noaa.gov. SUPPLEMENTARY INFORMATION: The National Marine Fisheries Service (NMFS) implemented the West Coast Groundfish Trawl Catch Share Program on January 11, 2011. The Catch Share Program changed harvest management in the trawl fishery from a trip limit system, with cumulative vessel trip limits, to a quota system where vessels can harvest quota shares at any time during an open season. The Catch Share Program offers industry increased flexibility in exchange for additional monitoring and data collection requirements. The Magnuson-Stevens Fishery Conservation and Management Act requires that fishery management councils review catch share programs within five years after implementation. The Council's first five-year Catch Share Program review concluded in November 2017. As part of response to this review, the Council is considering changing the gear switching provision in the shorebased trawl IFQ component of the Catch Share Program. The Council originally included gear switching in the Catch Share Program to provide flexibility to trawl harvesters. Gear switching allows vessels to use any legal non-trawl gear type to prosecute the shorebased trawl IFQ fishery. About two-thirds of shorebased IFQ vessels that have taken advantage of the gear switching provision used fixed gear (pots and longlines) prior to Catch Share Program implementation in 2011, and typically used these gears to target sablefish. The remaining vessels operating under the gear switching provision had not fished in the shorebased IFQ trawl fishery prior to Catch Share Program implementation, and purchased or leased trawl permits and sablefish quota to fish with fixed gear after 2011. The Catch Share Program five-year review identified gear switching as a concern for many participants of the shorebased IFQ trawl fishery. Trawl vessels expressed concern that fixed gear vessels targeting sablefish in the shorebased IFQ fishery both depleted sablefish quota and constrained the trawl fishery before vessels were able to attain quotas for other target species that co-occur with sablefish. At its September 2017 meeting, the Council developed alternatives to limit the amount of quota available to vessels that are gear switching, and the number of participants eligible to continue gear switching activity. The Council also voted to set a control date of September 15, 2017, to account for participants' financial investment to engage in gear switching in the shorebased IFQ trawl fishery. By establishing this control date, the Council is notifying industry that it may not provide credit for gear switching related activity after this date, in the event that it adopts restrictions on gear switching. This announcement does not commit the Council or NMFS to any particular action or outcome. The Council may or may not use the control date as part of any deliberations and decisions on gear switching. The Council may also choose to take no further action. [[Page 18260]] Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. Dated: April 23, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-08761 Filed 4-25-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules 18259
rubber bands or fasteners. Any 15, 2017, for the Pacific Coast flexibility in exchange for additional
envelopes and boxes must be disposed groundfish fishery. The Council may monitoring and data collection
of before entering the building. use the control date to limit the extent, requirements.
• Commercial overnight mail (other location, or ability to use non-trawl gear The Magnuson-Stevens Fishery
than U.S. Postal Service Express Mail types to harvest individual fishing quota Conservation and Management Act
and Priority Mail) must be sent to 9050 (IFQ) (termed ‘gear switching’) in the requires that fishery management
Junction Drive, Annapolis Junction, MD Pacific Coast groundfish fishery. The councils review catch share programs
20701. Council may or may not provide credit within five years after implementation.
• U.S. Postal Service first-class, for any gear switching related activities The Council’s first five-year Catch Share
Express, and Priority mail must be after the control date in any decision Program review concluded in November
addressed to 445 12th Street SW, setting limits on gear switching. The 2017. As part of response to this review,
Washington DC 20554. control date would account for Pacific the Council is considering changing the
People With Disabilities: To request Coast groundfish fishery participants gear switching provision in the
materials in accessible formats for with historic investment to engage in shorebased trawl IFQ component of the
people with disabilities (braille, large gear switching should the Council set Catch Share Program.
print, electronic files, audio format), limits to future participants eligible to The Council originally included gear
send an email to fcc504@fcc.gov or call gear switch. switching in the Catch Share Program to
the Consumer & Governmental Affairs DATES: Written comments must be
provide flexibility to trawl harvesters.
Bureau at 202–418–0530 (voice), 202– received by May 29, 2018. Gear switching allows vessels to use any
418–0432 (tty). legal non-trawl gear type to prosecute
ADDRESSES: You may submit comments
the shorebased trawl IFQ fishery. About
C. Initial Paperwork Reduction Act of on the proposed rule identified by two-thirds of shorebased IFQ vessels
1995 Analysis ‘‘NOAA–NMFS–2018–0015’’ by either that have taken advantage of the gear
of the following methods: switching provision used fixed gear
8. This document does not contain
• Electronic Submission: Submit all
proposed information collection (pots and longlines) prior to Catch Share
electronic public comments via the
requirements subject to the Paperwork Program implementation in 2011, and
Federal e-Rulemaking Portal. Go to
Reduction Act of 1995, Public Law 104– typically used these gears to target
www.regulations.gov/
13. In addition, therefore, it does not sablefish. The remaining vessels
#!docketDetail;D=NOAA-NMFS-2018-
contain any proposed information operating under the gear switching
0015, click the ‘‘Comment Now!’’ icon, provision had not fished in the
collection burden for small business
complete the required fields, and enter shorebased IFQ trawl fishery prior to
concerns with fewer than 25 employees,
or attach your comments. Catch Share Program implementation,
pursuant to the Small Business • Mail: Submit written comments to
Paperwork Relief Act of 2002, Public and purchased or leased trawl permits
Frank Lockhart, NMFS West Coast
Law 107–198, see 44 U.S.C. 3506(c)(4). and sablefish quota to fish with fixed
Regional Office, 7600 Sand Point Way
Federal Communications Commission.
gear after 2011. The Catch Share
NE, Seattle, WA 98115.
Instructions: Comments sent by any Program five-year review identified gear
Lisa Fowlkes,
switching as a concern for many
Chief, Public Safety and Homeland Security other method, to any other address or
participants of the shorebased IFQ trawl
Bureau. individual, or received after the end of
fishery. Trawl vessels expressed
[FR Doc. 2018–08772 Filed 4–25–18; 8:45 am] the comment period, may not be
concern that fixed gear vessels targeting
considered by NMFS. All comments
BILLING CODE 6712–01–P sablefish in the shorebased IFQ fishery
received are a part of the public record
both depleted sablefish quota and
and will generally be posted for public
constrained the trawl fishery before
DEPARTMENT OF COMMERCE viewing on www.regulations.gov
vessels were able to attain quotas for
without change. All personal identifying
other target species that co-occur with
National Oceanic and Atmospheric information (e.g., name, address, etc.),
sablefish.
Administration confidential business information, or At its September 2017 meeting, the
otherwise sensitive information Council developed alternatives to limit
50 CFR Part 660 submitted voluntarily by the sender will the amount of quota available to vessels
be publicly accessible. NMFS will that are gear switching, and the number
[Docket No. 171030999–8375–01] accept anonymous comments (enter ‘‘N/ of participants eligible to continue gear
RIN 0648–BH34 A’’ in the required fields if you wish to switching activity. The Council also
remain anonymous). voted to set a control date of September
Magnuson-Stevens Act Provisions; FOR FURTHER INFORMATION CONTACT: 15, 2017, to account for participants’
Fisheries Off West Coast States; Colin Sayre, NMFS West Coast Regional financial investment to engage in gear
Pacific Coast Groundfish Fishery; Office, telephone: 206–526–4656, or switching in the shorebased IFQ trawl
Shorebased Individual Fishing Quota email: colin.sayre@noaa.gov. fishery. By establishing this control
Program SUPPLEMENTARY INFORMATION: The date, the Council is notifying industry
AGENCY: National Marine Fisheries National Marine Fisheries Service that it may not provide credit for gear
Service (NMFS), National Oceanic and (NMFS) implemented the West Coast switching related activity after this date,
Atmospheric Administration (NOAA), Groundfish Trawl Catch Share Program in the event that it adopts restrictions on
amozie on DSK30RV082PROD with PROPOSALS
Commerce. on January 11, 2011. The Catch Share gear switching.
ACTION: Advanced notice of proposed Program changed harvest management This announcement does not commit
rulemaking; request for comments. in the trawl fishery from a trip limit the Council or NMFS to any particular
system, with cumulative vessel trip action or outcome. The Council may or
SUMMARY: This notice provides limits, to a quota system where vessels may not use the control date as part of
information on a request by the Pacific can harvest quota shares at any time any deliberations and decisions on gear
Fishery Management Council (Council) during an open season. The Catch Share switching. The Council may also choose
to establish a control date of September Program offers industry increased to take no further action.
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![18260 Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules
Authority: 16 U.S.C. 1801 et seq., 16 otherwise sensitive information The Council considered past and
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. submitted voluntarily by the sender will current research on gold corals growth
Dated: April 23, 2018. be publicly accessible. rates and recruitment. Past research on
Samuel D. Rauch, III, FOR FURTHER INFORMATION CONTACT: Kate gold corals indicated that the linear
Deputy Assistant Administrator for Taylor, NMFS PIR Sustainable growth rate of gold corals is
Regulatory Programs, National Marine Fisheries, 808–725–5182. approximately 6.6 centimeters/year,
Fisheries Service. suggesting a relatively young age for
[FR Doc. 2018–08761 Filed 4–25–18; 8:45 am]
SUPPLEMENTARY INFORMATION: Jewelry large coral colonies. However, updated
designers use small amounts of precious research using radiocarbon dating
BILLING CODE 3510–22–P
corals to adorn their products. The revealed that gold corals in Hawaii
precious corals fishery in the U.S. could have a growth rate of 0.14–0.40
DEPARTMENT OF COMMERCE Pacific Islands includes black, pink, centimeters/year and that colony ages
bamboo, and gold corals. They are slow- ranged from 450–2,740 years.
National Oceanic and Atmospheric growing and have low rates of natural Additional research also identified
Administration mortality and recruitment. Unexploited previously unknown habitat
populations are relatively stable, and a requirements for gold coral, specifically
50 CFR Part 665 wide range of age classes is generally that gold corals may depend on bamboo
present. Due to the great longevity of corals to provide required substrate for
[Docket No. 180202114–8361–01]
individuals and the associated slow gold coral larvae.
RIN 0648–BH60 population turnover rates, a long period
of reduced fishing effort is required to Because of these uncertainties, the
Pacific Island Fisheries; 5-Year restore a stock’s ability to produce at the Council and NMFS established a 5-year
Extension of Moratorium on Harvest of maximum sustainable yield if a stock moratorium on harvesting gold corals in
Gold Corals has been over-exploited. Fishermen 2008 (73 FR 47098, August 13, 2008).
harvest precious corals by various They extended the moratorium for
AGENCY: National Marine Fisheries another five years in 2013 (78 FR 32181,
Service (NMFS), National Oceanic and methods, including hand-harvesting and
submersibles. May 29, 2013). These moratoria have
Atmospheric Administration (NOAA), prevented the potential for
Commerce. Gold corals are suspension feeders,
and live in deep water (100–1,500 overharvesting gold corals from a
ACTION: Proposed rule; request for renewed fishery and allowed for
comments. meters (m)) on hard substrates where
bottom currents are strong, such as research on gold coral biology. The
SUMMARY: This proposed rule would seamounts, ledges, pinnacles, walls, and current moratorium is scheduled to
extend the current region-wide cliffs. Prior fishing effort harvested gold expire on June 30, 2018.
moratorium on the harvest of gold corals corals by submersible or tangle net The Council continues to be
in the U.S. Pacific Islands through June dredges. There are several beds of gold concerned about uncertainties related to
30, 2023. NMFS intends this proposed corals (Gerardia spp., Callogorgia the growth rates and habitat
rule to prevent overfishing and to gilberti, Narella spp., and Calyptrophora requirements for gold coral, and
stimulate research on gold corals. spp.) in the U.S. Exclusive Economic recognizes that fishery managers need
DATES: NMFS must receive comments Zone (EEZ, generally 3–200 nautical more research to inform appropriate
by May 11, 2018. miles from shore) around Hawaii. Gold measures for this fishery. This proposed
ADDRESSES: You may submit comments coral distribution and abundance are rule would extend the moratorium
on this document, identified by NOAA– unknown in the region beyond Hawaii, through June 30, 2023. The proposed
NMFS–2018–0018, by either of the but they likely occur in the EEZ around action would prevent the potential for
following methods: American Samoa, the Commonwealth of overfishing and allow such further
• Electronic Submission: Submit all the Northern Mariana Islands, Guam, research on gold corals that could
electronic public comments via the and the Pacific Remote Island Areas inform sustainable management models
Federal e-Rulemaking Portal. Go to (PRIA: Baker Island, Howland Island, and reference points for appropriate
https://www.regulations.gov/#!docket Jarvis Island, Wake Atoll, Johnston gold coral management measures.
Detail;D=NOAA-NMFS-2018-0018, click Atoll, Kingman Reef, Midway Atoll, and NMFS must receive any public
the ‘‘Comment Now!’’ icon, complete Palmyra Atoll). comments on this proposed rule by the
the required fields, and enter or attach NMFS and the Western Pacific close of business on May 11, 2018, and
your comments. Fishery Management Council (Council) will not consider late comments.
• Mail: Send written comments to manage precious coral fisheries in the
Michael D. Tosatto, Regional U.S. Pacific Islands under fishery Classification
Administrator, NMFS Pacific Islands ecosystem plans (FEPs) for American
Samoa, Hawaii, the Mariana Pursuant to section 304(b)(1)(A) of the
Region (PIR), 1845 Wasp Blvd., Bldg.
Archipelago, and the PRIA. The FEPs Magnuson-Stevens Act, the NMFS
176, Honolulu, HI 96818.
Instructions: NMFS may not consider and associated Federal regulations at 50 Assistant Administrator has determined
comments sent by any other method, to CFR part 665 require permits and data that this proposed rule is consistent
any other address or individual, or reporting, and allow harvesting of with the FEPs for American Samoa, the
PRIA, Hawaii, and the Mariana
amozie on DSK30RV082PROD with PROPOSALS
received after the end of the comment precious corals only with selective gear
period. All comments received are a (e.g., submersibles, remotely-operated Archipelago, other provisions of the
part of the public record and will vehicles, or by hand). There are also Magnuson-Stevens Act, and other
generally be posted for public viewing bed-specific quotas, refuges from applicable law, subject to further
on https://www.regulations.gov without fishing, and size limits. The fishery for consideration after public comment.
change. All personal identifying gold corals, like most deepwater This proposed rule has been
information (e.g., name, address, etc.), precious corals, has remained dormant determined to be not significant for
confidential business information, or since 2001. purposes of Executive Order 12866.
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Document Created: 2018-11-02 08:19:44
Document Modified: 2018-11-02 08:19:44
| 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 | Advanced notice of proposed rulemaking; request for comments. | |
| Dates | Written comments must be received by May 29, 2018. | |
| Contact | Colin Sayre, NMFS West Coast Regional Office, telephone: 206-526-4656, or email: [email protected] | |
| FR Citation | 83 FR 18259 | |
| RIN Number | 0648-BH34 |
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