83 FR 8414 - 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 39 (February 27, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8414-8416 | |
| FR Document | 2018-03963 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Proposed Rules] [Pages 8414-8416] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03963] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 171026999-8049-01] 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: Proposed rule; request for comments. ----------------------------------------------------------------------- [[Page 8415]] SUMMARY: Based on a recommendation from the Pacific Fishery Management Council (Council) NMFS is proposing to revise 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. Consistent with Amendment 4, this proposed rule would update and amend 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 management actions from June, September, and November to September, November, and March. The changes proposed to biennial management cycle activities and the schedule are intended to better streamline international and domestic management processes for HMS. Amendment 4 and this proposed rule are administrative in nature and are not expected to affect activities authorized under the FMP or harvest levels of HMS. DATES: Comments on the proposed rule and supporting documents must be submitted in writing by April 13, 2018. However, please note that comments regarding the decision to approve, disapprove, or partially approve Amendment 4 to the HMS FMP must be submitted by the end of the comment period for the Notice of Availability (NOA) for Amendment 4, which was published separately in the Federal Register on January 23, 2018 (see the NOA at 83 FR 3108). 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 Amber.Rhodes@noaa.gov, 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 proposed Amendment 4, 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, Amber.Rhodes@noaa.gov or Heidi Taylor, NMFS West Coast Region, 562-980- 4039, Heidi.Taylor@noaa.gov. FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562-980-3231, Amber.Rhodes@noaa.gov or Heidi Taylor, NMFS, 562-980-4039, Heidi.Taylor@noaa.gov. SUPPLEMENTARY INFORMATION: Background 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 differences became 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 assessments for other Council-managed stocks, which are conducted by NMFS, most HMS assessments are conducted by teams of regional fishery management organization (RFMO) scientific committees, which may include scientists from the United States and other participating nations in Pacific HMS fisheries or international scientists who work at RFMOs. Additionally, NMFS employs peer review processes to determine whether the output of international HMS assessments meet the BSIA standard. (See the August 16, 2016, notice of regional peer review processes, 81 FR 54561.) These peer review processes are consistent with BSIA determinations for most U.S.-targeted stocks subject to international agreements. Following these steps, NMFS uses assessment outputs that meet the BSIA standard to determine stock status by applying the status determination criteria (i.e., maximum fishing mortality thresholds and minimum stock size thresholds) in the HMS FMP. During its September 2017 meeting, the Council decided to submit Amendment 4 to the HMS FMP to NMFS for review. 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. Amendment 4 intends to bring descriptions of the management context for HMS fisheries up to date and to shift the schedule for the Council's biennial management cycle. Finalization of this proposed rule to revise regulations at 50 CFR 660.709 is contingent upon approval of Amendment 4 and NMFS responses to comments received on this proposed rule. 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. Most HMS are internationally assessed, and stock assessments for HMS, unlike assessments for domestically-managed stocks, are not routinely subject to the review of the Council's Scientific and Statistical Committee for purposes of determining BSIA. Therefore, the results from updated international assessments that have been determined to be BSIA may not be readily available to the Council during their June and September meetings for scoping, determining alternatives, and selecting preferred management recommendations to address the status of stocks deemed overfished or subject to overfishing. Thus, these decisions currently must occur on an ad hoc basis, sometimes resulting in inefficiencies and in difficulties in interpreting and applying outdated information. The changes to the current biennial management cycle included in Amendment 4 and implemented by this proposed rule would allow the Council to streamline domestic and international management activities, such as stock assessment and biological reference [[Page 8416]] 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's proposed revisions to 50 CFR 660.709 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. Proposed Regulations This proposed rule would amend 50 CFR 660.709 to update the descriptions of biennial management cycle activities under the HMS FMP and shift the schedule of Council meetings from June, September, and November to September, November, and March by referring to the schedule specified in the HMS FMP. Thus, the proposed regulations remove the need to make future schedule changes to the Council's biennial management cycle through a rulemaking. Classification Pursuant to section 304 (b)(1)(A) of the MSA (16 U.S.C. 1854(b)(1)(A)), the NMFS Assistant Administrator has determined that this proposed rule is consistent with Amendment 4 to the HMS FMP, other provisions of the MSA, and other applicable laws, subject to further consideration after public comment. This proposed 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 that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. For Regulatory Flexibility Act (RFA) purposes only, NMFS has established a size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. However, this proposed rule to revise regulations at 50 CFR 660.709, consistent with Amendment 4 to the HMS FMP, is administrative in nature and will not directly affect the operations of any businesses, small or large, that are authorized to catch finfish under the HMS FMP. Because the proposed action does not include revisions to stock status determination criteria (i.e., minimum stock size thresholds or maximum fishing mortality thresholds) used to determine whether management unit species of the HMS FMP are subject to overfishing or are overfished, the proposed action will not directly affect fishing activities authorized under the HMS FMP or the harvest levels of these fisheries. Therefore, there are no significant economic impacts on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required, and none has been 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: February 22, 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 proposed to be 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) Procedure. (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. 2018-03963 Filed 2-26-18; 8:45 am] BILLING CODE 3510-22-P
![8414 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Proposed Rules
present new genetic evidence to suggest Therefore, in accordance with section information concerning the impacts of
the spring-run Chinook salmon 4(b)(3)(A) of the ESA and NMFS’ environmental variability and climate
populations in the UKTR Basin may implementing regulations (50 CFR change on survival, recruitment,
qualify as a separate ESU from the fall- 424.14(h)(2)), we will commence a distribution, and/or extinction risk.
run populations and request this new status review of the UKTR Chinook We are also requesting information on
ESU to be listed based on the threats salmon ESU. During our status review, areas that may qualify as critical habitat
identified above. Based on biological, we will first consider the request to for Chinook salmon in the UKTR Basin.
genetic, and ecological information designate a new ESU to describe spring- Please identify: Physical and biological
compiled and reviewed as part of the run Chinook salmon in the UKTR Basin features essential to the conservation of
status review for Chinook salmon in light of our ESU Policy (56 FR 58612; the species that may require special
(Myers et al., 1998), we included all November 20, 1991). If we determine management considerations; areas
spring-run and fall-run Chinook salmon that the spring-run component qualifies occupied by the species containing
populations in the Klamath River Basin as a separate ESU, then we will evaluate those physical and biological features;
upstream from the confluence of the its status to determine whether it is in and unoccupied areas essential for
Klamath and Trinity rivers in the UKTR danger of extinction or likely to become conservation of the species (16 U.S.C.
Chinook salmon ESU (63 FR 11482; so within the foreseeable future 1533(a)(3)(A); 50 CFR 424.12).
March 9, 1998). In our 2012 not throughout all or a significant portion of We request that all information be
warranted decision (77 FR 19597; April its range. Otherwise, we will evaluate accompanied by: (1) Supporting
2, 2012), we reconfirmed the the status of the existing UKTR Chinook documentation such as maps,
configuration of the UKTR Chinook salmon ESU to determine if it warrants bibliographic references, or reprints of
salmon ESU. In both cases, we found listing. As required by section 4(b)(3)(B) pertinent publications; and (2) the
that spring-run and fall-run Chinook of the ESA, we will publish a finding as submitter’s name, address, and any
salmon populations in the UKTR Basin to whether listing an ESU as endangered association, institution, or business that
were genetically very similar and not or threatened is warranted. the person represents.
reproductively isolated from each other.
Information Solicited References Cited
The Petitioners contend the findings
from a recently published article on the To ensure that our status review is The complete citations for the
evolutionary basis of premature informed by the best available scientific references used in this document can be
migration in Pacific salmon (Prince et and commercial information, we are obtained by contacting NMFS (See FOR
al. 2017) indicate that spring-run opening a 60-day public comment FURTHER INFORMATION CONTACT) or on
Chinook salmon in the UKTR Basin period to solicit information on Chinook our web page at: www.westcoast.
should be considered a separate ESU, salmon in the UKTR Basin. We also fisheries.noaa.gov.
and therefore eligible to be listed as solicited information on Chinook
salmon in the UKTR Basin with our 90- Authority: The authority for this action is
threatened or endangered. Prince et al. the Endangered Species Act of 1973, as
(2017) suggest that their results indicate day finding on the previous petition (76
amended (16 U.S.C. 1531 et seq.).
that premature migration (e.g. spring- FR 20302; April 12, 2011). Therefore,
run Chinook salmon) arose from a single please do not re-submit information Dated: February 21, 2018.
evolutionary event within the species submitted in response to that previous Samuel D. Rauch, III,
and, if lost, are not likely to re-evolve finding. We request information from Deputy Assistant Administrator for
in time frames relevant to conservation the public, concerned governmental Regulatory Programs, National Marine
planning. Therefore, the Petitioners agencies, Native American tribes, the Fisheries Service.
contend that the new genetic scientific community, agricultural and [FR Doc. 2018–03906 Filed 2–26–18; 8:45 am]
information indicates that spring-run forestry groups, conservation groups, BILLING CODE 3510–22–P
Chinook salmon in the UKTR Basin fishing groups, industry, or any other
satisfy the criteria for a species to be interested parties concerning the current
considered an ESU because: (1) They are and/or historical status of Chinook DEPARTMENT OF COMMERCE
substantially reproductively isolated, salmon in the UKTR Basin. Specifically,
and (2) they represent an important we request information regarding: (1) National Oceanic and Atmospheric
component in the evolutionary legacy of Species abundance; (2) species Administration
the species. We have reviewed the new productivity; (3) species distribution or
genetic information and find that a population spatial structure; (4) patterns 50 CFR Part 300
reasonable person may conclude that of phenotypic, genotypic, and life
spring-run Chinook salmon in the UKTR history diversity; (5) habitat conditions [Docket No. 171026999–8049–01]
Basin would qualify as an ESU pursuant and associated limiting factors and
to our ESU Policy. threats; (6) ongoing or planned efforts to RIN 0648–BH36
protect and restore the species and their
Petition Finding habitats; (7) information on the Fisheries Off West Coast States;
After reviewing the information adequacy of existing regulatory Highly Migratory Fisheries;
contained in the petition, as well as mechanisms, whether protections are Amendment 4 to Fishery Management
information readily available in our being implemented, and whether they Plan for West Coast Highly Migratory
files, we conclude the petition presents are proving effective in conserving the Species Fisheries; Revisions to the
daltland on DSKBBV9HB2PROD with PROPOSALS
substantial scientific information species; (8) data concerning the status Biennial Management Cycle
indicating the petitioned actions to list and trends of identified limiting factors AGENCY: National Marine Fisheries
as threatened or endangered the UKTR or threats; (9) information on targeted Service (NMFS), National Oceanic and
Chinook salmon ESU or, alternatively, harvest (commercial and recreational) Atmospheric Administration (NOAA),
to create a new ESU to describe spring- and bycatch of the species; (10) other Commerce.
run Chinook salmon in the UKTR Basin new information, data, or corrections
ACTION: Proposed rule; request for
and list the new ESU as threatened or including, but not limited to, taxonomic
comments.
endangered may be warranted. or nomenclatural changes; and (11)
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![8416 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Proposed Rules
point reviews, and to better align (including its affiliates), and has ■ 2. In § 660.709, remove paragraphs
schedules to meet statutory timelines in combined annual receipts not in excess (a)(2) and (a)(3), redesignate paragraph
section 304(e) and (i) of the MSA (16 of $11 million for all its affiliated (a)(4) as (a)(2), and revise paragraphs
U.S.C. 1854(e) and (i)) for making operations worldwide. However, this (a)(1) and (d) to read as follows:
recommendations for domestic proposed rule to revise regulations at 50
regulations and international measures CFR 660.709, consistent with § 660.709 Annual specifications.
when stocks are determined to be Amendment 4 to the HMS FMP, is (a) Procedure. (1) Each year, the
overfished or subject to overfishing. administrative in nature and will not HMSMT will deliver a stock assessment
Additionally, this rule’s proposed directly affect the operations of any and fishery evaluation report to the
revisions to 50 CFR 660.709 would businesses, small or large, that are Council for all HMS with any necessary
ensure that the meeting schedule is not authorized to catch finfish under the recommendations for harvest
codified in regulations, thus allowing HMS FMP. Because the proposed action guidelines, quotas or other management
the Council to make changes to the does not include revisions to stock measures to protect HMS, including
schedule for its meetings in the biennial status determination criteria (i.e., updated maximum sustainable yield
management cycle, consistent with the minimum stock size thresholds or (MSY) and optimum yield (OY)
HMS FMP, without needing to seek a maximum fishing mortality thresholds) estimates based on the best available
change in the regulatory language. used to determine whether management science. The Council’s Scientific and
Allowing the Council to make this type unit species of the HMS FMP are subject Statistical Committee may review the
of adjustment without seeking a to overfishing or are overfished, the estimates and make a recommendation
regulatory change improves the proposed action will not directly affect on their suitability for management. As
efficiency with which future changes to fishing activities authorized under the described in the fishery management
the biennial management cycle can be HMS FMP or the harvest levels of these plan, the Council will periodically
implemented. fisheries. Therefore, there are no review these recommendations and
significant economic impacts on a decide whether to adopt updated
Proposed Regulations
substantial number of small entities. As numerical estimates of MSY and OY,
This proposed rule would amend 50 a result, an initial regulatory flexibility which are then submitted as
CFR 660.709 to update the descriptions analysis is not required, and none has recommendations for NMFS to review
of biennial management cycle activities been prepared. as part of the management measures
under the HMS FMP and shift the There are no new collection-of- review process.
schedule of Council meetings from June, information requirements associated * * * * *
September, and November to with this action that are subject to the (d) Irrespective of the normal review
September, November, and March by Paperwork Reduction Act; however, process, the Council may propose
referring to the schedule specified in the existing collection-of-information management action to protect HMS at
HMS FMP. Thus, the proposed requirements associated with the HMS any time. The Council may adopt a
regulations remove the need to make FMP still apply. These requirements management cycle different from the
future schedule changes to the Council’s have been approved by the Office of one described in the fishery
biennial management cycle through a Management and Budget (OMB control management plan provided that such
rulemaking. numbers 0648–0204, 0648–0223, 0648– change is made by a majority vote of the
Classification 0361, 0648–0498). Notwithstanding any Council and a 6-month notice of the
Pursuant to section 304 (b)(1)(A) of other provision of the law, no person is change is given.
the MSA (16 U.S.C. 1854(b)(1)(A)), the required to respond to, and no person [FR Doc. 2018–03963 Filed 2–26–18; 8:45 am]
NMFS Assistant Administrator has shall be subject to penalty for failure to BILLING CODE 3510–22–P
determined that this proposed rule is comply with, a collection-of-
consistent with Amendment 4 to the information subject to the requirements
HMS FMP, other provisions of the MSA, of the PRA, unless that collection-of- DEPARTMENT OF COMMERCE
and other applicable laws, subject to information displays a currently valid
further consideration after public OMB control number. National Oceanic and Atmospheric
comment. Administration
List of Subjects in 50 CFR Part 660
This proposed rule has been
determined to be not significant for Fisheries, Fishing, Reporting and 50 CFR Part 600
purposes of Executive Order 12866. recordkeeping requirements.
[Docket No. 160908833–7999–01]
The Chief Counsel for Regulation of Dated: February 22, 2018.
the Department of Commerce certified RIN 0648–BG34
Samuel D. Rauch III,
to the Chief Counsel for Advocacy of the Deputy Assistant Administrator for Requirements of the Vessel Monitoring
Small Business Administration that this Regulatory Programs, National Marine System Type-Approval; Reopening of
proposed rule, if adopted, would not Fisheries Service. Public Comment Period
have a significant economic impact on For the reasons set out in the
a substantial number of small entities. preamble, 50 CFR part 660 is proposed AGENCY: National Marine Fisheries
For Regulatory Flexibility Act (RFA) to be amended as follows: Service (NMFS), National Oceanic and
purposes only, NMFS has established a Atmospheric Administration (NOAA),
daltland on DSKBBV9HB2PROD with PROPOSALS
size standard for businesses, including PART 660—FISHERIES OFF WEST Commerce.
their affiliates, whose primary industry COAST STATES ACTION: Proposed rule; reopening of
is commercial fishing (see 50 CFR public comment period.
200.2). A business primarily engaged in Subpart K—Highly Migratory Fisheries
commercial fishing (NAICS 11411) is SUMMARY: The National Marine
classified as a small business if it is ■ 1. The authority citation for part 660, Fisheries Service is reopening the
independently owned and operated, is subpart K, continues to read as follows: public comment period on the proposed
not dominant in its field of operation Authority: 16 U.S.C. 1801 et seq. rule on requirements of the Vessel
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Document Created: 2018-02-27 01:14:42
Document Modified: 2018-02-27 01:14:42
| 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 | Proposed rule; request for comments. | |
| Dates | Comments on the proposed rule and supporting documents must be submitted in writing by April 13, 2018. However, please note that comments regarding the decision to approve, disapprove, or partially approve Amendment 4 to the HMS FMP must be submitted by the end of the comment period for the Notice of Availability (NOA) for Amendment 4, which was published separately in the Federal Register on January 23, 2018 (see the NOA at 83 FR 3108). | |
| Contact | Amber Rhodes, NMFS, 562-980-3231, [email protected] or Heidi Taylor, NMFS, 562-980-4039, [email protected] | |
| FR Citation | 83 FR 8414 | |
| RIN Number | 0648-BH36 |
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