83 FR 19981 - Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Revisions to the Biennial Management Cycle
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 88 (May 7, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 88 (May 7, 2018)
| Page Range | 19981-19982 | |
| FR Document | 2018-09584 |
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)] [Rules and Regulations] [Pages 19981-19982] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09584] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 171026999-8408-02] RIN 0648-BH36 Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Revisions to the Biennial Management Cycle AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Based on recommendations from the Pacific Fishery Mangement Council (Council), NMFS is issuing regulations under the Magnuson- Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 4 to the Fishery Management Plan for U.S. West Coast Highly Migratory Species (HMS FMP). The intent of Amendment 4 is to bring descriptions of the management context for HMS fisheries up to date, to better describe the Council's role in the process of making stock status determinations for highly migratory species (HMS), including the Council's evaluations of the best scientific information available (BSIA), and to change the schedule of the Council's three-meeting biennial management cycle for HMS stocks. This rule updates and amends the descriptions of biennial management cycle activities in the regulations for the HMS FMP to allow the Council to shift the schedule of Council meetings for the consideration of HMS stock status updates and management recommendations in response to instances in which a stock or stocks is determined to be subject to overfishing, overfished, or both. The changes to the Council's biennial management cycle activities and the schedule are intended to better streamline international and domestic management processes for HMS. This rule is administrative in nature and is not expected to affect activities authorized under the FMP or harvest levels of HMS. DATES: This rule is effective June 6, 2018. ADDRESSES: Copies of the Amendment 4, the Regulatory Impact Review (RIR) and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017- 0138, or contact Amber Rhodes, NMFS West Coast Region, 562-980-3231, [email protected] or Heidi Taylor, NMFS West Coast Region, 562-980- 4039, [email protected]. FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562-980-3231, [email protected] or Heidi Taylor, NMFS, 562-980-4039, [email protected]. SUPPLEMENTARY INFORMATION: Background In a January 23, 2018, Notice of Availability (83 FR 3108), NMFS announced that the Council submitted Amendment 4 to the Secretary of Commerce for approval, and requested comments on Amendment 4. The 60- day public comment period ended on March 26, 2018. NMFS approved Amendment 4 to the HMS FMP on April 24, 2018. On February 27, 2018, NMFS published a proposed rule in the Federal Register (83 FR 8414) to implement Amendment 4 by revising regulations at 50 CFR 660.709 contingent upon approval of Amendment 4. The proposed rule contains additional background information on Amendment 4. The 45- day public comment period for the proposed rule closed on April 13, 2018. Amendment 4 is intended to better align the Council's biennial management cycle for HMS with the timing of international stock assessments and stock status determinations for these species. The changes to the current biennial management cycle included in Amendment 4 and implemented by this rule would allow the Council to streamline domestic and international management activities, such as stock assessment and biological reference point reviews, and to better align schedules to meet statutory timelines in section 304(e) and (i) of the MSA (16 U.S.C. 1854(e) and (i)) for making recommendations for domestic regulations and international measures when stocks are determined to be overfished or subject to overfishing. Additionally, this rule would ensure that the meeting schedule is not codified in regulations, thus allowing the Council to make changes to the schedule for its meetings in the biennial management cycle, consistent with the HMS FMP, without needing to seek a change in the regulatory language. Allowing the Council to make this type of adjustment without seeking a regulatory change improves the efficiency with which future changes to the biennial management cycle can be implemented. Content of Regulations This rule amends 50 CFR 660.709 to remove a specific schedule for the Council's biennial management cycle (i.e., during June, September, and November Council meetings) from codified text and replace it with a reference to a biennial management cycle schedule specified in the FMP (i.e., during September, November, and March Council meetings under Amendment 4). Thus, future schedule changes to the Council's biennial management cycle will not require a rulemaking. The rule also provides the Council's Science and Statistical Committee greater discretion over whether to review, and make recommendations on, the estimates in the annual stock assessment and fishery evaluation report. NMFS did not make any changes in this final rule to the regulatory text of the proposed rule. Public Comments and Responses A total of 13 comments were received in response to either the Notice of Availability for the Amendment or the proposed rule. All comments remarked solely on issues beyond the scope of the proposed rule and lacked any specific remarks on NMFS' decision to approve, disapprove, or partially approve the amendment. Because 10 of the comments contained inappropriate content, NMFS made only three of the comments available on the Federal eRulemaking Portal (see ADDRESSES). Classification The Administrator of the West Coast Region, NMFS, determined that Amendment 4 to the HMS FMP and this final rule are necessary for the conservation and management of U.S. West Coast HMS fisheries and are consistent with the MSA and other applicable laws. [[Page 19982]] This final 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 during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. There are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act; however, existing collection-of-information requirements associated with the HMS FMP still apply. These requirements have been approved by the Office of Management and Budget (OMB control numbers 0648-0204, 0648-0223, 0648-0361, 0648-0498). Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of- information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: May 1, 2018. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: PART 660--FISHERIES OFF WEST COAST STATES Subpart K--Highly Migratory Fisheries 0 1. The authority citation for part 660, subpart K, continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 660.709, remove paragraphs (a)(2) and (a)(3), redesignate paragraph (a)(4) as (a)(2), and revise paragraphs (a)(1) and (d) to read as follows: Sec. 660.709 Annual specifications. (a) * * * (1) Each year, the HMSMT will deliver a stock assessment and fishery evaluation report to the Council for all HMS with any necessary recommendations for harvest guidelines, quotas or other management measures to protect HMS, including updated maximum sustainable yield (MSY) and optimum yield (OY) estimates based on the best available science. The Council's Scientific and Statistical Committee may review the estimates and make a recommendation on their suitability for management. As described in the fishery management plan, the Council will periodically review these recommendations and decide whether to adopt updated numerical estimates of MSY and OY, which are then submitted as recommendations for NMFS to review as part of the management measures review process. * * * * * (d) Irrespective of the normal review process, the Council may propose management action to protect HMS at any time. The Council may adopt a management cycle different from the one described in the fishery management plan provided that such change is made by a majority vote of the Council and a 6-month notice of the change is given. [FR Doc. 2018-09584 Filed 5-4-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations 19981
■ 6. Amend § 90.173 by revising overfishing, overfished, or both. The U.S.C. 1854(e) and (i)) for making
paragraph (c) to read as follows. changes to the Council’s biennial recommendations for domestic
management cycle activities and the regulations and international measures
§ 90.173 Policies governing the schedule are intended to better when stocks are determined to be
assignment of frequencies.
streamline international and domestic overfished or subject to overfishing.
* * * * * management processes for HMS. This Additionally, this rule would ensure
(c) Frequencies assigned to Federal rule is administrative in nature and is that the meeting schedule is not
Government radio stations by the not expected to affect activities codified in regulations, thus allowing
National Telecommunications and authorized under the FMP or harvest the Council to make changes to the
Information Administration may be levels of HMS. schedule for its meetings in the biennial
authorized under the provisions set DATES: This rule is effective June 6, management cycle, consistent with the
forth in § 2.102(c) of this chapter. 2018. HMS FMP, without needing to seek a
[FR Doc. 2018–08790 Filed 5–4–18; 8:45 am] change in the regulatory language.
ADDRESSES: Copies of the Amendment
BILLING CODE 6712–01–P Allowing the Council to make this type
4, the Regulatory Impact Review (RIR)
and other supporting documents are of adjustment without seeking a
available via the Federal eRulemaking regulatory change improves the
DEPARTMENT OF COMMERCE Portal: http://www.regulations.gov, efficiency with which future changes to
docket NOAA–NMFS–2017–0138, or the biennial management cycle can be
National Oceanic and Atmospheric contact Amber Rhodes, NMFS West implemented.
Administration Coast Region, 562–980–3231, Content of Regulations
Amber.Rhodes@noaa.gov or Heidi This rule amends 50 CFR 660.709 to
50 CFR Part 660 Taylor, NMFS West Coast Region, 562– remove a specific schedule for the
[Docket No. 171026999–8408–02] 980–4039, Heidi.Taylor@noaa.gov. Council’s biennial management cycle
FOR FURTHER INFORMATION CONTACT: (i.e., during June, September, and
RIN 0648–BH36
Amber Rhodes, NMFS, 562–980–3231, November Council meetings) from
Fisheries Off West Coast States; Amber.Rhodes@noaa.gov or Heidi codified text and replace it with a
Highly Migratory Fisheries; Taylor, NMFS, 562–980–4039, reference to a biennial management
Amendment 4 to Fishery Management Heidi.Taylor@noaa.gov. cycle schedule specified in the FMP
Plan for West Coast Highly Migratory SUPPLEMENTARY INFORMATION: (i.e., during September, November, and
Species Fisheries; Revisions to the Background March Council meetings under
Biennial Management Cycle Amendment 4). Thus, future schedule
In a January 23, 2018, Notice of changes to the Council’s biennial
AGENCY: National Marine Fisheries Availability (83 FR 3108), NMFS management cycle will not require a
Service (NMFS), National Oceanic and announced that the Council submitted rulemaking. The rule also provides the
Atmospheric Administration (NOAA), Amendment 4 to the Secretary of Council’s Science and Statistical
Commerce. Commerce for approval, and requested Committee greater discretion over
ACTION: Final rule. comments on Amendment 4. The 60- whether to review, and make
day public comment period ended on recommendations on, the estimates in
SUMMARY: Based on recommendations March 26, 2018. NMFS approved the annual stock assessment and fishery
from the Pacific Fishery Mangement Amendment 4 to the HMS FMP on April evaluation report.
Council (Council), NMFS is issuing 24, 2018. NMFS did not make any changes in
regulations under the Magnuson- On February 27, 2018, NMFS this final rule to the regulatory text of
Stevens Fishery Conservation and published a proposed rule in the the proposed rule.
Management Act (MSA) to implement Federal Register (83 FR 8414) to
Amendment 4 to the Fishery implement Amendment 4 by revising Public Comments and Responses
Management Plan for U.S. West Coast regulations at 50 CFR 660.709 A total of 13 comments were received
Highly Migratory Species (HMS FMP). contingent upon approval of in response to either the Notice of
The intent of Amendment 4 is to bring Amendment 4. The proposed rule Availability for the Amendment or the
descriptions of the management context contains additional background proposed rule. All comments remarked
for HMS fisheries up to date, to better information on Amendment 4. The 45- solely on issues beyond the scope of the
describe the Council’s role in the day public comment period for the proposed rule and lacked any specific
process of making stock status proposed rule closed on April 13, 2018. remarks on NMFS’ decision to approve,
determinations for highly migratory Amendment 4 is intended to better disapprove, or partially approve the
species (HMS), including the Council’s align the Council’s biennial amendment. Because 10 of the
evaluations of the best scientific management cycle for HMS with the comments contained inappropriate
information available (BSIA), and to timing of international stock content, NMFS made only three of the
change the schedule of the Council’s assessments and stock status comments available on the Federal
three-meeting biennial management determinations for these species. The eRulemaking Portal (see ADDRESSES).
cycle for HMS stocks. This rule updates changes to the current biennial
and amends the descriptions of biennial management cycle included in Classification
management cycle activities in the Amendment 4 and implemented by this The Administrator of the West Coast
regulations for the HMS FMP to allow rule would allow the Council to Region, NMFS, determined that
daltland on DSKBBV9HB2PROD with RULES
the Council to shift the schedule of streamline domestic and international Amendment 4 to the HMS FMP and this
Council meetings for the consideration management activities, such as stock final rule are necessary for the
of HMS stock status updates and assessment and biological reference conservation and management of U.S.
management recommendations in point reviews, and to better align West Coast HMS fisheries and are
response to instances in which a stock schedules to meet statutory timelines in consistent with the MSA and other
or stocks is determined to be subject to section 304(e) and (i) of the MSA (16 applicable laws.
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![19982 Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Rules and Regulations
This final rule has been determined to information displays a currently valid recommendations for harvest
be not significant for purposes of OMB control number. guidelines, quotas or other management
Executive Order 12866. measures to protect HMS, including
The Chief Counsel for Regulation of List of Subjects in 50 CFR Part 660
updated maximum sustainable yield
the Department of Commerce certified Fisheries, Fishing, Reporting and (MSY) and optimum yield (OY)
to the Chief Counsel for Advocacy of the recordkeeping requirements. estimates based on the best available
Small Business Administration during Dated: May 1, 2018. science. The Council’s Scientific and
the proposed rule stage that this action Alan D. Risenhoover, Statistical Committee may review the
would not have a significant economic Acting Deputy Assistant Administrator for estimates and make a recommendation
impact on a substantial number of small Regulatory Programs, National Marine on their suitability for management. As
entities. The factual basis for the Fisheries Service. described in the fishery management
certification was published in the For the reasons set out in the plan, the Council will periodically
proposed rule and is not repeated here. preamble, 50 CFR part 660 is amended
No comments were received regarding review these recommendations and
as follows: decide whether to adopt updated
this certification. As a result, a
regulatory flexibility analysis was not numerical estimates of MSY and OY,
PART 660—FISHERIES OFF WEST
required and none was prepared. which are then submitted as
COAST STATES
There are no new collection-of- recommendations for NMFS to review
information requirements associated Subpart K—Highly Migratory Fisheries as part of the management measures
with this action that are subject to the review process.
Paperwork Reduction Act; however, ■ 1. The authority citation for part 660, * * * * *
existing collection-of-information subpart K, continues to read as follows:
(d) Irrespective of the normal review
requirements associated with the HMS Authority: 16 U.S.C. 1801 et seq. process, the Council may propose
FMP still apply. These requirements 2. In § 660.709, remove paragraphs
■ management action to protect HMS at
have been approved by the Office of (a)(2) and (a)(3), redesignate paragraph any time. The Council may adopt a
Management and Budget (OMB control (a)(4) as (a)(2), and revise paragraphs management cycle different from the
numbers 0648–0204, 0648–0223, 0648– (a)(1) and (d) to read as follows: one described in the fishery
0361, 0648–0498). Notwithstanding any
other provision of the law, no person is § 660.709 Annual specifications.
management plan provided that such
required to respond to, and no person change is made by a majority vote of the
(a) * * *
shall be subject to penalty for failure to (1) Each year, the HMSMT will Council and a 6-month notice of the
comply with, a collection-of- deliver a stock assessment and fishery change is given.
information subject to the requirements evaluation report to the Council for all [FR Doc. 2018–09584 Filed 5–4–18; 8:45 am]
of the PRA, unless that collection-of- HMS with any necessary BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-05-05 02:48:16
Document Modified: 2018-05-05 02:48:16
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 6, 2018. | |
| Contact | Amber Rhodes, NMFS, 562-980-3231, [email protected] or Heidi Taylor, NMFS, 562-980-4039, [email protected] | |
| FR Citation | 83 FR 19981 | |
| RIN Number | 0648-BH36 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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