83 FR 6472 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6472-6473
FR Document		2018-03040

NMFS is publishing this final rule to implement Amendment 16 of the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This rule will allow for very small amounts of directed, non-live bait fishing (referred to as ``minor directed fishing'') on CPS finfish to occur when a fishery is otherwise closed to directed fishing. Currently, when directed fishing is closed, a small sector of the CPS fishery that is not part of the primary commercial directed fishery has been precluded from landing even minor amounts because this activity does not fall under the existing exemptions for incidental harvest or for harvesting CPS to be sold as live bait. This rule allows this sector to continue directed fishing after other directed fisheries are closed, unless otherwise specified in a closure notice published by NMFS or if an applicable annual catch limit (ACL) is anticipated to be exceeded. To prevent exploitation of this rule to make large aggregate harvests, ``minor directed fishing'' would not be allowed to exceed landings of 1 metric ton (mt) per day per vessel or person or one fishing trip per day by any vessel. The purpose of this rule is to provide greater flexibility to small fishing operations, while continuing to conserve the target CPS fish stocks.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6472-6473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03040]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170322302-8104-02]
RIN 0648-BG74


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery 
Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is publishing this final rule to implement Amendment 16 
of the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). 
This rule will allow for very small amounts of directed, non-live bait 
fishing (referred to as ``minor directed fishing'') on CPS finfish to 
occur when a fishery is otherwise closed to directed fishing. 
Currently, when directed fishing is closed, a small sector of the CPS 
fishery that is not part of the primary commercial directed fishery has 
been precluded from landing even minor amounts because this activity 
does not fall under the existing exemptions for incidental harvest or 
for harvesting CPS to be sold as live bait. This rule allows this 
sector to continue directed fishing after other directed fisheries are 
closed, unless otherwise specified in a closure notice published by 
NMFS or if an applicable annual catch limit (ACL) is anticipated to be 
exceeded. To prevent exploitation of this rule to make large aggregate 
harvests, ``minor directed fishing'' would not be allowed to exceed 
landings of 1 metric ton (mt) per day per vessel or person or one 
fishing trip per day by any vessel. The purpose of this rule is to 
provide greater flexibility to small fishing operations, while 
continuing to conserve the target CPS fish stocks.

DATES: Effective March 16, 2018.

ADDRESSES: Copies of the CPS FMP as amended through Amendment 16, with 
notations showing how Amendment 16 will change the FMP are available 
via the Federal eRulemaking Portal: http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0135, or by contacting the Pacific 
Fisheries Management Council, 7700 NE Ambassador Place, Suite 101, 
Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Sustainable 
Fisheries Division, NMFS, at 562-980-4034; or Kerry Griffin, Pacific 
Fishery Management Council, at 503-820-2280.

SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. exclusive 
economic zone (EEZ) off the West Coast is managed under the CPS FMP, 
which was developed by the Council pursuant to the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq. 
Species managed under the CPS FMP include Pacific sardine, Pacific 
mackerel, jack mackerel, northern anchovy, market squid and krill. The 
CPS FMP was approved by the Secretary of Commerce and was implemented 
by regulations at 50 CFR part 660, subpart I.
    At its April 2017 meeting, the Pacific Fishery Management Council 
(Council) voted to submit Amendment 16 to NMFS for review and approval. 
On November 6, 2017, NMFS published a Notice of Availability for 
Amendment 16 in the Federal Register (82 FR 51381), with a comment 
period ending January 5, 2018. On November 22, 2017,

[[Page 6473]]

NMFS published a proposed rule to implement Amendment 16 in the Federal 
Register (82 FR 55551), with a comment period ending December 22, 2017. 
NMFS approved Amendment 16 on February 1, 2018.
    This final rule implements Amendment 16 by allowing ``minor 
directed fishing'' for CPS finfish after a directed fishery has been 
closed. Current regulations allow live bait fishing and incidental 
landings to continue even after a directed fishery closure; this rule 
allows a small sector of the CPS fishery that is not part of the 
primary commercial directed fishery to harvest minor amounts of CPS 
even during a directed fishery closure. This minor directed fishery 
intentionally targets CPS and typically sells the catch as specialty 
dead bait to recreational and commercial fisheries, or as fresh fish to 
restaurants and the public. Total landings from this sector typically 
make up less than one percent of the total landings of any particular 
CPS stock. Currently, directed fishing closures apply even to minor 
directed fisheries.
    This final rule will allow minor directed fishing to continue after 
a directed fishery is closed. Minor directed fishing will be allowed 
unless otherwise specified by NMFS when closing the directed fishery, 
or if an applicable ACL is anticipated to be exceeded. To prevent this 
rule from being exploited by those who would make large aggregate 
harvests, ``minor directed fishing'' is limited to landings that do not 
exceed 1 mt per day per vessel or person or one fishing trip per day by 
any vessel. The intent of distinguishing between a ``vessel'' and 
``person'' in these regulations is that some minor directed fishermen 
target CPS from a platform other than a vessel (e.g., beach seine); in 
that case, a single fishing trip (e.g., a single haul of a beach seine) 
may only land a few hundred pounds. Therefore, Amendment 16 allows a 
person not using a vessel to make multiple fishing trips in a single 
day as long as the person's total landings do not exceed 1 mt in a day. 
Vessels are limited to a single trip per day as their typical landings 
are much greater per trip. For vessels, the 1-mt daily landing 
restriction functions like a trip limit.
    This rule also updates the definition of ``Regional Administrator'' 
to reflect the absorption of the former NMFS Southwest Region into the 
West Coast Region, and to explicitly reference the fact that directed 
``live bait'' fisheries may continue to operate after most other 
directed fishing is prohibited (which is an original provision of the 
FMP, not a change made by Amendment 16).
    A total of 10 public comments relevant to this action were received 
on Amendment 16 and the proposed rule. Commenters consisted of West 
Coast fishing industry representatives, seafood companies, fishermen, 
and charter boat owners/operators. All comments expressed support for 
Amendment 16, primarily noting that the ability to harvest small 
amounts of sardine will provide new business opportunities to small-
scale fishermen, including sale to specialty markets, restaurants, and 
as dead bait. No changes were made from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the FMP as revised by Amendment 16, other provisions of the MSA, and 
other applicable law.
    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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 8, 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.  660.502, revise the definition of ``Regional 
Administrator'' to read as follows:


Sec.  660.502  Definitions.

* * * * *
    Regional Administrator means the Regional Administrator, West Coast 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
* * * * *

0
3. In Sec.  660.505, revise paragraph (i) to read as follows:


Sec.  660.505  Prohibitions.

* * * * *
    (i) When a directed fishery has been closed, take and retain, 
possess, or land more than the incidental trip limit announced in the 
Federal Register, or a directed trip limit as described in Sec.  
660.511(d).
* * * * *

0
4. In Sec.  660.511, revise paragraph (d) to read as follows:


Sec.  660.511  Catch restrictions.

* * * * *
    (d) After the directed fishery for a CPS is closed under Sec.  
660.509, no person may take and retain, possess or land more of that 
species than the incidental trip limit set by the Regional 
Administrator, except the following directed fisheries may continue 
until the effective date of a Federal Register document published by 
the Regional Administrator that the annual catch limit has been reached 
or is projected to be reached:
    (1) Fishing exclusively for live bait;
    (2) Minor directed fishing for finfish that does not exceed 1 mt 
per day per vessel or person, and which is limited to 1 fishing trip 
per day by any vessel.
* * * * *
[FR Doc. 2018-03040 Filed 2-13-18; 8:45 am]
BILLING CODE 3510-22-P

6472 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations

PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Regulatory Measures in the Arkansas
PROMULGATION OF SIP’’ is amended by adding the
Subpart E—Arkansas following entries at the end:
IMPLEMENTATION PLANS
■ 2. In § 52.170, in paragraph (e), the § 52.170 Identification of plan.
■ 1. The authority citation for part 52
third table titled ‘‘EPA-Approved * * * * *
continues to read as follows:
Nonregulatory Provisions and Quasi- (e) * * *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable
geographic State
or submittal/
Name of SIP provision EPA approval date Explanation
nonattain- effective
ment date
area

* * * * * * *
Infrastructure for the 2006 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(D)(ii).
PM2.5 NAAQS. Register citation].
Infrastructure for the 2008 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
Pb NAAQS. Register citation]. (H), (J), (K), (L) and (M).
Infrastructure for the 2008 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions
O3 NAAQS. Register citation]. pertaining and PSD), (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
Infrastructure for the 2010 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion per-
NO2 NAAQS. Register citation]. taining to nonattainment interference with mainte-
nance and PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2010 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion per-
SO2 NAAQS. Register citation]. taining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2012 Statewide ..... 3/24/2017 2/14/2018, [Insert Federal Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion per-
PM2.5 NAAQS. Register citation]. taining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).

[FR Doc. 2018–02892 Filed 2–13–18; 8:45 am] Currently, when directed fishing is contacting the Pacific Fisheries
BILLING CODE 6560–50–P closed, a small sector of the CPS fishery Management Council, 7700 NE
that is not part of the primary Ambassador Place, Suite 101, Portland,
commercial directed fishery has been OR 97220–1384.
DEPARTMENT OF COMMERCE precluded from landing even minor FOR FURTHER INFORMATION CONTACT:
amounts because this activity does not Joshua B. Lindsay, Sustainable Fisheries
National Oceanic and Atmospheric fall under the existing exemptions for Division, NMFS, at 562–980–4034; or
Administration incidental harvest or for harvesting CPS Kerry Griffin, Pacific Fishery
to be sold as live bait. This rule allows Management Council, at 503–820–2280.
50 CFR Part 660 this sector to continue directed fishing
SUPPLEMENTARY INFORMATION: The CPS
after other directed fisheries are closed,
[Docket No. 170322302–8104–02] fishery in the U.S. exclusive economic
unless otherwise specified in a closure
zone (EEZ) off the West Coast is
RIN 0648–BG74 notice published by NMFS or if an
managed under the CPS FMP, which
applicable annual catch limit (ACL) is
was developed by the Council pursuant
Fisheries Off West Coast States; anticipated to be exceeded. To prevent
to the Magnuson-Stevens Fishery
Coastal Pelagic Species Fisheries; exploitation of this rule to make large
Conservation and Management Act
Amendment 16 to the Coastal Pelagic aggregate harvests, ‘‘minor directed
(MSA), 16 U.S.C. 1801 et seq. Species
Species Fishery Management Plan fishing’’ would not be allowed to exceed
managed under the CPS FMP include
landings of 1 metric ton (mt) per day per
AGENCY: National Marine Fisheries Pacific sardine, Pacific mackerel, jack
vessel or person or one fishing trip per
Service (NMFS), National Oceanic and mackerel, northern anchovy, market
day by any vessel. The purpose of this
Atmospheric Administration (NOAA), squid and krill. The CPS FMP was
rule is to provide greater flexibility to
Commerce. approved by the Secretary of Commerce
small fishing operations, while
ACTION: Final rule. and was implemented by regulations at
continuing to conserve the target CPS
50 CFR part 660, subpart I.
fish stocks.
SUMMARY: NMFS is publishing this final At its April 2017 meeting, the Pacific
rule to implement Amendment 16 of the DATES: Effective March 16, 2018. Fishery Management Council (Council)
Coastal Pelagic Species (CPS) Fishery ADDRESSES: Copies of the CPS FMP as voted to submit Amendment 16 to
daltland on DSKBBV9HB2PROD with RULES

Management Plan (FMP). This rule will amended through Amendment 16, with NMFS for review and approval. On
allow for very small amounts of notations showing how Amendment 16 November 6, 2017, NMFS published a
directed, non-live bait fishing (referred will change the FMP are available via Notice of Availability for Amendment
to as ‘‘minor directed fishing’’) on CPS the Federal eRulemaking Portal: http:// 16 in the Federal Register (82 FR
finfish to occur when a fishery is www.regulations.gov/#!docketDetail;D= 51381), with a comment period ending
otherwise closed to directed fishing. NOAA-NMFS-2017-0135, or by January 5, 2018. On November 22, 2017,

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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations 6473

NMFS published a proposed rule to A total of 10 public comments Regional Administrator means the
implement Amendment 16 in the relevant to this action were received on Regional Administrator, West Coast
Federal Register (82 FR 55551), with a Amendment 16 and the proposed rule. Region, NMFS, 501 W. Ocean
comment period ending December 22, Commenters consisted of West Coast Boulevard, Suite 4200, Long Beach, CA
2017. NMFS approved Amendment 16 fishing industry representatives, seafood 90802–4213, or a designee.
on February 1, 2018. companies, fishermen, and charter boat * * * * *
This final rule implements owners/operators. All comments ■ 3. In § 660.505, revise paragraph (i) to
Amendment 16 by allowing ‘‘minor expressed support for Amendment 16, read as follows:
directed fishing’’ for CPS finfish after a primarily noting that the ability to
directed fishery has been closed. harvest small amounts of sardine will § 660.505 Prohibitions.
Current regulations allow live bait provide new business opportunities to * * * * *
fishing and incidental landings to small-scale fishermen, including sale to (i) When a directed fishery has been
continue even after a directed fishery specialty markets, restaurants, and as closed, take and retain, possess, or land
closure; this rule allows a small sector dead bait. No changes were made from more than the incidental trip limit
of the CPS fishery that is not part of the the proposed rule. announced in the Federal Register, or a
primary commercial directed fishery to directed trip limit as described in
harvest minor amounts of CPS even Classification
§ 660.511(d).
during a directed fishery closure. This Pursuant to section 304(b)(1)(A) of the
minor directed fishery intentionally * * * * *
MSA, the NMFS Assistant
targets CPS and typically sells the catch ■ 4. In § 660.511, revise paragraph (d) to
Administrator has determined that this
as specialty dead bait to recreational read as follows:
final rule is consistent with the FMP as
and commercial fisheries, or as fresh revised by Amendment 16, other § 660.511 Catch restrictions.
fish to restaurants and the public. Total provisions of the MSA, and other
landings from this sector typically make * * * * *
applicable law. (d) After the directed fishery for a CPS
up less than one percent of the total This final rule has been determined to
landings of any particular CPS stock. is closed under § 660.509, no person
be not significant for purposes of may take and retain, possess or land
Currently, directed fishing closures Executive Order 12866.
apply even to minor directed fisheries. more of that species than the incidental
This final rule will allow minor The Chief Counsel for Regulation of trip limit set by the Regional
directed fishing to continue after a the Department of Commerce certified Administrator, except the following
directed fishery is closed. Minor to the Chief Counsel for Advocacy of the directed fisheries may continue until
directed fishing will be allowed unless Small Business Administration during the effective date of a Federal Register
otherwise specified by NMFS when the proposed rule stage that this action document published by the Regional
closing the directed fishery, or if an would not have a significant economic Administrator that the annual catch
applicable ACL is anticipated to be impact on a substantial number of small limit has been reached or is projected to
exceeded. To prevent this rule from entities. The factual basis for the be reached:
being exploited by those who would certification was published in the (1) Fishing exclusively for live bait;
make large aggregate harvests, ‘‘minor proposed rule and is not repeated here. (2) Minor directed fishing for finfish
directed fishing’’ is limited to landings No comments were received regarding that does not exceed 1 mt per day per
that do not exceed 1 mt per day per this certification. As a result, a vessel or person, and which is limited
vessel or person or one fishing trip per regulatory flexibility analysis was not to 1 fishing trip per day by any vessel.
day by any vessel. The intent of required and none was prepared. * * * * *
distinguishing between a ‘‘vessel’’ and List of Subjects in 50 CFR Part 660 [FR Doc. 2018–03040 Filed 2–13–18; 8:45 am]
‘‘person’’ in these regulations is that BILLING CODE 3510–22–P
some minor directed fishermen target Fisheries, Fishing, Reporting and
CPS from a platform other than a vessel recordkeeping requirements.
(e.g., beach seine); in that case, a single Dated: February 8, 2018. DEPARTMENT OF COMMERCE
fishing trip (e.g., a single haul of a beach Samuel D. Rauch, III,
seine) may only land a few hundred National Oceanic and Atmospheric
Deputy Assistant Administrator for Administration
pounds. Therefore, Amendment 16 Regulatory Programs, National Marine
allows a person not using a vessel to Fisheries Service.
make multiple fishing trips in a single 50 CFR Part 679
day as long as the person’s total For the reasons set out in the
[Docket No. 161020985–7181–02]
landings do not exceed 1 mt in a day. preamble, 50 CFR part 660 is amended
Vessels are limited to a single trip per as follows: RIN 0648–XG023
day as their typical landings are much Fisheries of the Exclusive Economic
PART 660—FISHERIES OFF WEST
greater per trip. For vessels, the 1-mt Zone Off Alaska; Pacific Cod in the
COAST STATES
daily landing restriction functions like a Bering Sea Subarea of the Bering Sea
trip limit. 1. The authority citation for part 660
■ and Aleutian Islands Management Area
This rule also updates the definition
continues to read as follows:
of ‘‘Regional Administrator’’ to reflect AGENCY: National Marine Fisheries
the absorption of the former NMFS Authority: 16 U.S.C. 1801 et seq., 16 Service (NMFS), National Oceanic and
Southwest Region into the West Coast U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
daltland on DSKBBV9HB2PROD with RULES

Atmospheric Administration (NOAA),
Region, and to explicitly reference the ■ 2. In § 660.502, revise the definition of Commerce.
fact that directed ‘‘live bait’’ fisheries ‘‘Regional Administrator’’ to read as ACTION: Temporary rule; closure.
may continue to operate after most other follows:
directed fishing is prohibited (which is SUMMARY: NMFS is prohibiting directed
an original provision of the FMP, not a § 660.502 Definitions. fishing for Pacific cod by trawl catcher
change made by Amendment 16). * * * * * vessels in the Bering Sea subarea of the

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Document Created: 2018-02-14 03:59:33
Document Modified: 2018-02-14 03:59:33

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		Effective March 16, 2018.
Contact		Joshua B. Lindsay, Sustainable Fisheries Division, NMFS, at 562-980-4034; or Kerry Griffin, Pacific Fishery Management Council, at 503-820-2280.
FR Citation		83 FR 6472
RIN Number		0648-BG74
CFR Associated		Fisheries; Fishing and Reporting and Recordkeeping Requirements

83 FR 6472 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration