83 FR 53827 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Tribal Usual and Accustomed Fishing Areas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 207 (October 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 207 (October 25, 2018)
| Page Range | 53827-53828 | |
| FR Document | 2018-23290 |
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)] [Rules and Regulations] [Pages 53827-53828] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23290] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180531512-8512-01] RIN 0648-BH97 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Tribal Usual and Accustomed Fishing Areas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule implements the decision in United States v. Washington, 2:09-sp-00001-RSM, (W.D. Wash. March 5, 2018) (Order Regarding Boundaries of Quinault and Quileute U&As), which revised the western boundaries of the usual and accustomed (U&A) fishing areas of the Quileute Indian Tribe and Quinault Indian Nation. DATES: This final rule is effective October 25, 2018. ADDRESSES: Information relevant to this final rule is available from Aja Szumylo, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070. Electronic Access This rule is accessible via the internet at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region website at http://www.westcoast.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858, fax: 503-231-6893, or email: kathryn.blair@noaa.gov. SUPPLEMENTARY INFORMATION: Background Regulations at 50 CFR 660.4 describe the usual and accustomed fishing areas of Indian tribes with treaty fishing rights to species managed under the Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens Act). Those regulations explain that boundaries of a tribe's fishing area may be revised as [[Page 53828]] ordered by a Federal Court. 50 CFR 660.4(a). On March 5, 2018, the United States District Court for the Western District of Washington revised the western boundaries of the U&A fishing areas for the Quileute Indian Tribe and the Quinault Indian Nation. United States v. Washington, 2:09-sp-00001-RSM, (W.D. Wash. March 5, 2018) (Order Regarding Boundaries of Quinault and Quileute U&As). These revised boundaries mirror the coast of the Washington shoreline at a distance of 40 miles for the Quileute Indian Tribe and 30 miles for the Quinault Indian Nation. Other boundaries and their supporting rationale described in previous rulemakings on the U&A fishing areas are not affected by this rulemaking. Classification The Regional Administrator, West Coast Region, NMFS, determined that the regulatory amendments associated with the court-ordered changes to tribal U&A fishing areas, which this final rule implements, are necessary for conservation and management and are consistent with the Magnuson-Stevens Act and other applicable laws. NMFS finds good cause to waive prior public notice and comment on the revisions to regulations in this final rule under 5 U.S.C. 553(b)(B) because notice and comment would be impracticable and contrary to the public interest. Affording the time necessary for notice and comment rulemaking for these changes to regulations is impracticable and contrary to the public interest because the U.S. District Court has issued its final judgment and the boundaries adjudicated by the court are controlling. NMFS regulations must be modified consistent with the court order as quickly as possible to bring them into compliance with the legal requirements. It is further necessary to act quickly to modify the tribal U&A fishing area boundaries in Title 50, part 660, to prevent the confusion that arises out of conflicting boundaries, which adds complexity to the management regime and creates problems for state and Federal management and enforcement. Furthermore, NMFS is not exercising any discretion in issuing this rule, but only making the changes necessary to comply with the court order. For the same reasons, NMFS also finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). This final rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866. This final rule is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. This final rule does not contain policies with federalism or ``takings'' implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian Fisheries. Dated: October 19, 2018. 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 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. 660.4, revise paragraphs (a)(2) and (4) to read as follows: Sec. 660.4 Usual and accustomed fishing areas for Pacific Coast treaty Indian tribes. (a) * * * (2) Quileute. The area commencing at Cape Alava, located at 48[deg]10'00'' N lat., 124[deg]43'56.9'' W long.; then proceeding west approximately forty nautical miles at that latitude to a northwestern point located at 48[deg]10'00'' N lat., 125[deg]44'00'' W long.; then proceeding in a southeasterly direction mirroring the coastline at a distance no farther than forty nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 47[deg]31'42'' N lat., 125[deg]20'26'' W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 47[deg]31'42'' N lat., 124[deg]21'9.0'' W long. * * * * * (4) Quinault. The area commencing at the Pacific coast shoreline near Destruction Island, located at 47[deg]40'06'' N lat., 124[deg]23'51.362'' W long.; then proceeding west approximately thirty nautical miles at that latitude to a northwestern point located at 47[deg]40'06'' N lat., 125[deg]08'30'' W long.; then proceeding in a southeasterly direction mirroring the coastline no farther than thirty nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 46[deg]53'18'' N lat., 124[deg]53'53'' W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 46[deg]53'18'' N lat., 124[deg]7'36.6'' W long. * * * * * [FR Doc. 2018-23290 Filed 10-24-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations 53827
single-year adjustment to the between the most recent estimate of then no single-year AM payback is
commercial ACT will be made, in the biomass and BMSY (i.e., BMSY¥B) required.
following fishing year. The ACT will be divided by one-half of BMSY. * * * * *
reduced by the exact amount, in (3) If biomass is above BMSY. If the [FR Doc. 2018–23289 Filed 10–24–18; 8:45 am]
pounds, of the product of the overage, most recent estimate of biomass is above BILLING CODE 3510–22–P
defined as the difference between the BMSY (i.e., B/BMSY is greater than 1.0),
commercial catch and the commercial then no single-year AM payback is
ACT, and the payback coefficient. The required. DEPARTMENT OF COMMERCE
payback coefficient is the difference
* * * * *
between the most recent estimate of National Oceanic and Atmospheric
biomass and BMSY (i.e., BMSY¥B) ■ 4. In § 648.143, paragraph (b) is Administration
divided by one-half of BMSY. revised to read as follows:
(iii) If biomass is above BMSY. If the 50 CFR Part 660
§ 648.143 Black sea bass accountability
most recent estimate of biomass is above measures
BMSY (i.e., B/BMSY is greater than 1.0), [Docket No. 180531512–8512–01]
then no single-year AM payback is * * * * *
RIN 0648–BH97
required. (b) Non-landing accountability
* * * * * measure. In the event that the Magnuson-Stevens Act Provisions;
commercial ACL has been exceeded and Fisheries Off West Coast States; Tribal
■ 3. In § 648.123, paragraph (b) is
the overage has not been accommodated Usual and Accustomed Fishing Areas
revised to read as follows:
through the landings-based AM, then
§ 648.123 Scup accountability measures. the following procedure will be AGENCY: National Marine Fisheries
followed: Service (NMFS), National Oceanic and
* * * * *
Atmospheric Administration (NOAA),
(b) Non-landing accountability (1) Overfishing, rebuilding, or
Commerce.
measure. In the event that the unknown stock status. If the most recent
commercial ACL has been exceeded and estimate of biomass is below the BMSY ACTION: Final rule.
the overage has not been accommodated threshold (i.e., B/BMSY is less than 0.5), SUMMARY: This final rule implements
through the landings-based AM, then the stock is under a rebuilding plan, or the decision in United States v.
the following procedure will be the biological reference points (B or Washington, 2:09–sp–00001–RSM,
followed: BMSY) are unknown, and the commercial (W.D. Wash. March 5, 2018) (Order
(1) Overfishing, rebuilding, or ACL has been exceeded, then the exact Regarding Boundaries of Quinault and
unknown stock status. If the most recent amount, in pounds, by which the most Quileute U&As), which revised the
estimate of biomass is below the BMSY recent year’s commercial catch estimate western boundaries of the usual and
threshold (i.e., B/BMSY is less than 0.5), exceeded the most recent year’s accustomed (U&A) fishing areas of the
the stock is under a rebuilding plan, or commercial ACL will be deducted, in Quileute Indian Tribe and Quinault
the biological reference points (B or the following fishing year from the Indian Nation.
BMSY) are unknown, and the commercial commercial ACT, as a single-year
adjustment. DATES: This final rule is effective
ACL has been exceeded, then the exact
amount, in pounds, by which the most October 25, 2018.
(2) If biomass is above the threshold,
recent year’s commercial catch estimate ADDRESSES: Information relevant to this
but below the target, and the stock is not
exceeded the most recent year’s under rebuilding. If the most recent final rule is available from Aja Szumylo,
commercial ACL will be deducted, in estimate of biomass is above the West Coast Region, NMFS, 7600 Sand
the following fishing year from the biomass threshold (B/BMSY is greater Point Way NE, Seattle, WA 98115–0070.
commercial ACT, as a single-year than 0.5), but below the biomass target Electronic Access
adjustment. (B/BMSY is less than 1.0), and the stock
(2) If biomass is above the threshold, This rule is accessible via the internet
is not under a rebuilding plan, then the
but below the target, and the stock is not at the Office of the Federal Register
following AMs will apply:
under rebuilding. If the most recent website at https://www.federalregister.
(i) If the Commercial ACL has been gov. Background information and
estimate of biomass is above the
exceeded, but not the overall ABC, then documents are available at the NMFS
biomass threshold (B/BMSY is greater
no single-year AM payback is required. West Coast Region website at http://
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock (ii) If the Commercial ACL and ABC www.westcoast.fisheries.noaa.gov.
is not under a rebuilding plan, then the have been exceeded, then a scaled FOR FURTHER INFORMATION CONTACT:
following AMs will apply: single-year adjustment to the Kathryn Blair, phone: 503–231–6858,
(i) If the Commercial ACL has been commercial ACT will be made, in the fax: 503–231–6893, or email:
exceeded, but not the overall ABC, then following fishing year. The ACT will be kathryn.blair@noaa.gov.
no single-year AM payback is required. reduced by the exact amount, in SUPPLEMENTARY INFORMATION:
(ii) If the Commercial ACL and ABC pounds, of the product of the overage,
have been exceeded, then a scaled defined as the difference between the Background
single-year adjustment to the commercial catch and the commercial Regulations at 50 CFR 660.4 describe
commercial ACT will be made, in the ACT, and the payback coefficient. The the usual and accustomed fishing areas
following fishing year. The ACT will be payback coefficient is the difference of Indian tribes with treaty fishing rights
daltland on DSKBBV9HB2PROD with RULES
reduced by the exact amount, in between the most recent estimate of to species managed under the
pounds, of the product of the overage, biomass and BMSY (i.e., BMSY¥B) Magnuson-Stevens Fisheries
defined as the difference between the divided by one-half of BMSY. Conservation and Management Act
commercial catch and the commercial (3) If biomass is above BMSY. If the (Magnuson-Stevens Act). Those
ACT, and the payback coefficient. The most recent estimate of biomass is above regulations explain that boundaries of a
payback coefficient is the difference BMSY (i.e., B/BMSY is greater than 1.0), tribe’s fishing area may be revised as
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![53828 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
ordered by a Federal Court. 50 CFR modify the tribal U&A fishing area Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
660.4(a). boundaries in Title 50, part 660, to 773 et seq., and 16 U.S.C. 7001 et seq.
On March 5, 2018, the United States prevent the confusion that arises out of ■ 2. In § 660.4, revise paragraphs (a)(2)
District Court for the Western District of conflicting boundaries, which adds
and (4) to read as follows:
Washington revised the western complexity to the management regime
boundaries of the U&A fishing areas for and creates problems for state and § 660.4 Usual and accustomed fishing
the Quileute Indian Tribe and the Federal management and enforcement. areas for Pacific Coast treaty Indian tribes.
Quinault Indian Nation. United States v. Furthermore, NMFS is not exercising
Washington, 2:09–sp–00001–RSM, any discretion in issuing this rule, but (a) * * *
(W.D. Wash. March 5, 2018) (Order only making the changes necessary to (2) Quileute. The area commencing at
Regarding Boundaries of Quinault and comply with the court order. For the Cape Alava, located at 48°10′00″ N lat.,
Quileute U&As). These revised same reasons, NMFS also finds good 124°43′56.9″ W long.; then proceeding
boundaries mirror the coast of the cause to waive the 30-day delay in west approximately forty nautical miles
Washington shoreline at a distance of 40 effectiveness under 5 U.S.C. 553(d)(3). at that latitude to a northwestern point
miles for the Quileute Indian Tribe and This final rule has been determined to located at 48°10′00″ N lat., 125°44′00″ W
30 miles for the Quinault Indian Nation. be not significant for purposes of long.; then proceeding in a southeasterly
Other boundaries and their supporting Executive Order (E.O.) 12866. direction mirroring the coastline at a
rationale described in previous This final rule is not an Executive distance no farther than forty nautical
rulemakings on the U&A fishing areas Order 13771 regulatory action because
miles from the mainland Pacific coast
are not affected by this rulemaking. this action is not significant under
shoreline at any line of latitude, to a
Classification Executive Order 12866.
Because prior notice and opportunity southwestern point at 47°31′42″ N lat.,
The Regional Administrator, West for public comment are not required for 125°20′26″ W long.; then proceeding
Coast Region, NMFS, determined that this rule by 5 U.S.C. 553, or any other east along that line of latitude to the
the regulatory amendments associated law, the analytical requirements of the Pacific coast shoreline at 47°31′42″ N
with the court-ordered changes to tribal Regulatory Flexibility Act, 5 U.S.C. 601 lat., 124°21′9.0″ W long.
U&A fishing areas, which this final rule et seq., are inapplicable. * * * * *
implements, are necessary for This final rule does not contain
conservation and management and are (4) Quinault. The area commencing at
policies with federalism or ‘‘takings’’
consistent with the Magnuson-Stevens the Pacific coast shoreline near
implications as those terms are defined
Act and other applicable laws. Destruction Island, located at 47°40′06″
in E.O. 13132 and E.O. 12630,
NMFS finds good cause to waive prior N lat., 124°23′51.362″ W long.; then
respectively.
public notice and comment on the proceeding west approximately thirty
revisions to regulations in this final rule List of Subjects in 50 CFR Part 660 nautical miles at that latitude to a
under 5 U.S.C. 553(b)(B) because notice Fisheries, Fishing, Indian Fisheries. northwestern point located at 47°40′06″
and comment would be impracticable N lat., 125°08′30″ W long.; then
Dated: October 19, 2018.
and contrary to the public interest. proceeding in a southeasterly direction
Samuel D. Rauch III,
Affording the time necessary for notice mirroring the coastline no farther than
Deputy Assistant Administrator for
and comment rulemaking for these thirty nautical miles from the mainland
Regulatory Programs, National Marine
changes to regulations is impracticable Fisheries Service. Pacific coast shoreline at any line of
and contrary to the public interest For the reasons set out in the latitude, to a southwestern point at
because the U.S. District Court has preamble, 50 CFR part 660 is amended 46°53′18″ N lat., 124°53′53″ W long.;
issued its final judgment and the as follows: then proceeding east along that line of
boundaries adjudicated by the court are latitude to the Pacific coast shoreline at
controlling. NMFS regulations must be PART 660—FISHERIES OFF WEST 46°53′18″ N lat., 124°7′36.6″ W long.
modified consistent with the court order COAST STATES
as quickly as possible to bring them into * * * * *
compliance with the legal requirements. ■ 1. The authority citation for part 660 [FR Doc. 2018–23290 Filed 10–24–18; 8:45 am]
It is further necessary to act quickly to continues to read as follows: BILLING CODE 3510–22–P
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Document Created: 2018-10-25 01:43:58
Document Modified: 2018-10-25 01:43:58
| 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 final rule is effective October 25, 2018. | |
| Contact | Kathryn Blair, phone: 503-231-6858, fax: 503-231-6893, or email: [email protected] | |
| FR Citation | 83 FR 53827 | |
| RIN Number | 0648-BH97 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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