83 FR 3108 - Fisheries off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries (HMS FMP); Revisions to the Biennial Management Cycle
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 15 (January 23, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3108-3109 | |
| FR Document | 2018-01180 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Proposed Rules] [Pages 3108-3109] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01180] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648-BH36 Fisheries off West Coast States; Highly Migratory Fisheries; Amendment 4 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries (HMS FMP); Revisions to the Biennial Management Cycle AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of an amendment to a fishery management plan; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 4 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 4 is to bring descriptions of the management context for highly migratory species (HMS) fisheries up to date, better describe the Council's role in the process of making stock status determinations including evaluations of the best scientific information available (BSIA), and change the schedule of the Council's three-meeting biennial management cycle for HMS stocks. The amendment is administrative in nature and is not expected to affect activities authorized under the FMP or their harvest levels. DATES: Comments on Amendment 4 must be submitted received by March 26, 2018 to be considered in the decision whether to approve, disapprove, or partially approve Amendment 4. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0138, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0138, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to [email protected], NMFS West Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2017- 0138'' in the comments. Instructions: Comments must be submitted by one of the above methods to ensure they 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 Amendment 4 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: During the Council's 2016 biennial management cycle meetings for HMS and considerations for recent revisions to agency guidelines for National Standard 1 (81 FR 71858, October 18, 2016), key [[Page 3109]] differences have become evident regarding the management of HMS stocks versus other Council-managed stocks for which management activities are largely or fully within the scope of Council jurisdiction. In contrast to NMFS-conducted assessments for other Council-managed stocks, HMS assessments are conducted by teams of regional fishery management organization (RFMO) science providers, which may include scientists from the United States and other participating nations in Pacific HMS fisheries or international science providers who work at RFMOs. Additionally, alternative peer review processes are used to determine whether the output of these international HMS assessments constitute BSIA (81 FR 54561; August 16, 2016), consistent with BSIA determinations for most U.S.-targeted stocks subject to international agreements. Following these steps, NMFS uses assessment outputs, which meet the BSIA standard, to determine stock status by following the status determination criteria (i.e., maximum fishing mortality thresholds and minimum stock size thresholds) in the HMS FMP. The proposed changes to the HMS FMP are administrative in nature, do not involve the issuance of any permits, and are described in further detail below: The description of the stock status determination process in Chapter 4 of the current HMS FMP has been revised to account for the fact that the HMS management unit species are internationally assessed and that these stock assessments are not routinely subject to Scientific and Statistical Committee (SSC) review for purposes of determining BSIA, unlike assessments for domestically-managed stocks. Additionally, to better align the Council's biennial management schedule with the NMFS' process for conducting HMS stock status determinations, the schedule described in Chapter 5 of the FMP would be changed under the proposed amendment to the HMS FMP. The three-meeting biennial management cycle would take place during September, November, and March Council meetings instead of during June, September, and November meetings; however, the schedule would continue to start on even years. Chapters 1 and 6 in the FMP also have been substantially revised to better describe the management context (Chapter 1) and the types of measures available and in use to manage U.S. West Coast HMS fisheries (Chapter 6). Chapter 8 (Research and Data Needed for Management) is proposed to be deleted, because it is out of date. This information may be periodically updated and presented in the HMS Stock Assessment and Fishery Evaluation Report produced by the HMS Management Team and the Research and Data Needs Report produced periodically by the Council's SSC. NMFS expects to publish and request public comment on proposed revisions to regulations to implement Amendment 4 in the near future. Public comments on the proposed rule must be received by the end of the comment period on Amendment 4 to be considered in the approval/ disapproval decision on the amendment. All comments received during the comment period for Amendment 4, whether specifically directed to the amendment, or the proposed rule, will be considered in the decision whether to approve, disapprove, or partially approve Amendment 4. Authority: 16 U.S.C. 1801 et seq. Dated: January 18, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-01180 Filed 1-22-18; 8:45 am] BILLING CODE 3510-22-P
![3108 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules
VI. Statutory and Executive Orders tribe has jurisdiction. In those areas of DATES: Comments on Amendment 4
Review Indian country, the rule does not have must be submitted received by March
Under the CAA, the Administrator is tribal implications and will not impose 26, 2018 to be considered in the
required to approve a SIP submission substantial direct costs on tribal decision whether to approve,
that complies with the provisions of the governments or preempt tribal law as disapprove, or partially approve
CAA and applicable federal regulations. specified by Executive Order 13175 (65 Amendment 4.
42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). ADDRESSES: You may submit comments
Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 on this document, identified by NOAA–
EPA’s role is to approve state choices, NMFS–2017–0138, by any of the
Environmental protection, Air following methods:
provided that they meet the criteria of pollution control, Incorporation by
the CAA. Accordingly, this proposed • Electronic Submission: Submit all
reference, Intergovernmental relations, electronic public comments via the
action merely approves state law as Lead, Nitrogen dioxide, Ozone,
meeting federal requirements and does Federal e-Rulemaking Portal. Go to
Particulate matter, Reporting and http://www.regulations.gov/#!docket
not impose additional requirements recordkeeping requirements, Sulfur
beyond those imposed by state law. For Detail;D=NOAA-NMFS-2017-0138, click
oxides, Volatile organic compounds. the ‘‘Comment Now!’’ icon, complete
that reason, this proposed action:
• Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq. the required fields, and enter or attach
action’’ subject to review by the Office Dated: January 11, 2018. your comments.
of Management and Budget under • Mail: Submit written comments to
Chris Hladick,
Executive Orders 12866 (58 FR 51735, Amber.Rhodes@noaa.gov, NMFS West
Regional Administrator, Region 10.
October 4, 1993) and 13563 (76 FR 3821, Coast Region Long Beach Office, 501 W
[FR Doc. 2018–01165 Filed 1–22–18; 8:45 am] Ocean Blvd., Suite 4200, Long Beach,
January 21, 2011);
• Is not an Executive Order 13771 (82
BILLING CODE 6560–50–P CA 90802. Include the identifier
FR 9339, February 2, 2017) regulatory ‘‘NOAA–NMFS–2017–0138’’ in the
action because SIP approvals are comments.
DEPARTMENT OF COMMERCE Instructions: Comments must be
exempted under Executive Order 12866;
• Does not impose an information submitted by one of the above methods
National Oceanic and Atmospheric to ensure they are received,
collection burden under the provisions Administration
of the Paperwork Reduction Act (44 documented, and considered by NMFS.
U.S.C. 3501 et seq.); Comments sent by any other method, to
50 CFR Part 300 any other address or individual, or
• Is certified as not having a
significant economic impact on a RIN 0648–BH36 received after the end of the comment
substantial number of small entities period, may not be considered. All
under the Regulatory Flexibility Act (5 Fisheries off West Coast States; Highly comments received are a part of the
U.S.C. 601 et seq.); Migratory Fisheries; Amendment 4 to public record and will generally be
• Does not contain any unfunded Fishery Management Plan for West posted for public viewing on
mandate or significantly or uniquely Coast Highly Migratory Species www.regulations.gov without change.
affect small governments, as described Fisheries (HMS FMP); Revisions to the All personal identifying information
in the Unfunded Mandates Reform Act Biennial Management Cycle (e.g., name, address, etc.) submitted
of 1995 (Pub. L. 104–4); voluntarily by the sender will be
AGENCY: National Marine Fisheries
• Does not have Federalism publicly accessible. Do not submit
Service (NMFS), National Oceanic and
implications as specified in Executive confidential business information, or
Atmospheric Administration (NOAA),
Order 13132 (64 FR 43255, August 10, otherwise sensitive or protected
Commerce.
1999); information. NMFS will accept
ACTION: Notice of availability of an
• Is not an economically significant anonymous comments (enter ‘‘N/A’’ in
amendment to a fishery management the required fields if you wish to remain
regulatory action based on health or plan; request for comments.
safety risks subject to Executive Order anonymous).
13045 (62 FR 19885, April 23, 1997); SUMMARY: NMFS announces that the Copies of the draft Amendment 4 and
• Is not a significant regulatory action Pacific Fishery Management Council other supporting documents are
subject to Executive Order 13211 (66 FR (Council) has submitted Amendment 4 available via the Federal eRulemaking
28355, May 22, 2001); to the Fishery Management Plan for U.S. Portal: http://www.regulations.gov,
• Is not subject to requirements of West Coast Fisheries for Highly docket NOAA–NMFS–2017–0138, or
section 12(d) of the National Migratory Species (HMS FMP) for contact Amber Rhodes, NMFS West
Technology Transfer and Advancement review by the Secretary of Commerce. Coast Region, 562–980–3231,
Act of 1995 (15 U.S.C. 272 note) because The intent of Amendment 4 is to bring Amber.Rhodes@noaa.gov or Heidi
it does not involve technical standards; descriptions of the management context Taylor, NMFS West Coast Region, 562–
and for highly migratory species (HMS) 980–4039, Heidi.Taylor@noaa.gov.
• Does not provide the EPA with the fisheries up to date, better describe the FOR FURTHER INFORMATION CONTACT:
discretionary authority to address, as Council’s role in the process of making Amber Rhodes, NMFS, 562–980–3231,
appropriate, disproportionate human stock status determinations including Amber.Rhodes@noaa.gov or Heidi
sradovich on DSK3GMQ082PROD with PROPOSALS
health or environmental effects, using evaluations of the best scientific Taylor, NMFS, 562–980–4039,
practicable and legally permissible information available (BSIA), and Heidi.Taylor@noaa.gov.
methods, under Executive Order 12898 change the schedule of the Council’s SUPPLEMENTARY INFORMATION: During the
(59 FR 7629, February 16, 1994). three-meeting biennial management Council’s 2016 biennial management
In addition, the SIP is not approved cycle for HMS stocks. The amendment cycle meetings for HMS and
to apply on any Indian reservation land is administrative in nature and is not considerations for recent revisions to
or in any other area where the EPA or expected to affect activities authorized agency guidelines for National Standard
an Indian tribe has demonstrated that a under the FMP or their harvest levels. 1 (81 FR 71858, October 18, 2016), key
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![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Proposed Rules 3109
differences have become evident and are described in further detail • Chapter 8 (Research and Data
regarding the management of HMS below: Needed for Management) is proposed to
stocks versus other Council-managed • The description of the stock status be deleted, because it is out of date. This
stocks for which management activities determination process in Chapter 4 of information may be periodically
are largely or fully within the scope of the current HMS FMP has been revised updated and presented in the HMS
Council jurisdiction. In contrast to to account for the fact that the HMS Stock Assessment and Fishery
NMFS-conducted assessments for other management unit species are Evaluation Report produced by the HMS
Council-managed stocks, HMS internationally assessed and that these Management Team and the Research
assessments are conducted by teams of stock assessments are not routinely and Data Needs Report produced
regional fishery management subject to Scientific and Statistical periodically by the Council’s SSC.
organization (RFMO) science providers, Committee (SSC) review for purposes of NMFS expects to publish and request
which may include scientists from the determining BSIA, unlike assessments public comment on proposed revisions
United States and other participating for domestically-managed stocks. to regulations to implement
nations in Pacific HMS fisheries or • Additionally, to better align the Amendment 4 in the near future. Public
international science providers who Council’s biennial management comments on the proposed rule must be
work at RFMOs. Additionally, schedule with the NMFS’ process for received by the end of the comment
alternative peer review processes are conducting HMS stock status period on Amendment 4 to be
used to determine whether the output of determinations, the schedule described considered in the approval/disapproval
these international HMS assessments in Chapter 5 of the FMP would be decision on the amendment. All
constitute BSIA (81 FR 54561; August changed under the proposed comments received during the comment
16, 2016), consistent with BSIA amendment to the HMS FMP. The three- period for Amendment 4, whether
determinations for most U.S.-targeted meeting biennial management cycle specifically directed to the amendment,
stocks subject to international would take place during September, or the proposed rule, will be considered
agreements. Following these steps, November, and March Council meetings in the decision whether to approve,
NMFS uses assessment outputs, which instead of during June, September, and disapprove, or partially approve
meet the BSIA standard, to determine November meetings; however, the Amendment 4.
stock status by following the status schedule would continue to start on Authority: 16 U.S.C. 1801 et seq.
determination criteria (i.e., maximum even years.
fishing mortality thresholds and • Chapters 1 and 6 in the FMP also Dated: January 18, 2018.
minimum stock size thresholds) in the have been substantially revised to better Emily H. Menashes,
HMS FMP. describe the management context Acting Director, Office of Sustainable
The proposed changes to the HMS (Chapter 1) and the types of measures Fisheries, National Marine Fisheries Service.
FMP are administrative in nature, do available and in use to manage U.S. [FR Doc. 2018–01180 Filed 1–22–18; 8:45 am]
not involve the issuance of any permits, West Coast HMS fisheries (Chapter 6). BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 16:05 Jan 22, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 E:\FR\FM\23JAP1.SGM 23JAP1](https://thefederalregister.org/doc/83_FR_3123/page/2.svg)
Document Created: 2018-01-23 01:08:38
Document Modified: 2018-01-23 01:08:38
| 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 | Notice of availability of an amendment to a fishery management plan; request for comments. | |
| Dates | Comments on Amendment 4 must be submitted received by March 26, 2018 to be considered in the decision whether to approve, disapprove, or partially approve Amendment 4. | |
| Contact | Amber Rhodes, NMFS, 562-980-3231, [email protected] or Heidi Taylor, NMFS, 562-980-4039, [email protected] | |
| FR Citation | 83 FR 3108 | |
| RIN Number | 0648-BH36 |
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