Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 13 to the Coastal Pelagic Species Fishery Management Plan; Annual Catch Limits, 33189-33190 [2011-14150]
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Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules
not a toll-free number), e-mail
byf6@cdc.gov.
On
December 10, 2008, HHS proposed a
rule intended to update the quality
assurance and control requirements for
the manufacture of respirators approved
under 42 CFR part 84 by NIOSH and
MSHA (73 FR 75045). The comment
period for the proposed rule originally
closed on February 9, 2009 but was
reopened and extended until April 10,
2009 (74 FR 9381), and subsequently
extended to October 9, 2009 (74 FR
23815). NIOSH also held public
meetings on its proposed rule on March
23, 2009 in Adelphi, Maryland and on
March 30, 2009 in Los Angeles,
California.
NIOSH has reviewed the transcripts of
the public meetings and the written
comments received. While the
commenters were generally supportive
of the need to update the quality
assurance and control requirements,
they raised questions about several areas
of the proposed rule pertaining to its
economic impact. NIOSH has decided
that this issue requires additional
consideration and further economic
analysis before considering or
proceeding with alternatives to the
proposed rule. This action is consistent
with Executive Order 13563 which
requires Federal agencies to conduct a
retrospective review of regulations to
determine which rules may ‘‘be
modified, streamlined, expanded, or
repealed so as to make the agency’s
regulatory program more effective or
less burdensome in achieving the
regulatory objectives.’’
Although not required to do so by the
Administrative Procedure Act or by the
regulations of the Office of Federal
Register, HHS believes the public
interest is best served by withdrawing
the proposed rule identified in this
document. The withdrawal of the
proposed rule identified in this
document does not preclude HHS from
reinitiating rulemaking in the future
regarding quality assurance and control
requirements for the manufacture of
respirators approved under 42 CFR part
84. Should HHS decide to undertake
such rulemaking sometime in the future,
it will re-propose the action and provide
new opportunities for comment.
For the reasons stated herein, the
notice of proposed rulemaking
published on December 10, 2008 is
hereby withdrawn.
jlentini on DSK4TPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:24 Jun 07, 2011
Jkt 223001
Dated: May 31, 2011.
Kathleen Sebelius
Secretary, Department of Health and Human
Services.
[FR Doc. 2011–14186 Filed 6–7–11; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BA68
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Amendment 13 to the Coastal Pelagic
Species Fishery Management Plan;
Annual Catch Limits
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.
AGENCY:
NMFS announces that the
Pacific Fishery Management Council
(Council) has submitted Amendment 13
to the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP) for
review by the Secretary of Commerce.
The intent of Amendment 13 is to
ensure the FMP is consistent with
NMFS advisory guidelines. The
guidelines describe fishery management
approaches to meet the objectives of
National Standard 1 (NS1) of section
301 of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). National Standard 1 states
‘‘Conservation and management
measures shall prevent overfishing
while achieving, on a continuing basis,
the optimum yield (OY) from each
fishery for the U.S. fishing industry.’’
DATES: Comments on Amendment 13
must be received by August 8, 2011.
ADDRESSES: You may submit comments
identified by 0648–BA68 by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802.
• Fax: (562) 980–4047, Attn: Joshua
Lindsay.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
SUMMARY:
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Frm 00017
Fmt 4702
Sfmt 4702
33189
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may 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 prefer to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of the CPS FMP as Amended
through Amendment 13 and its
associated Environmental Assessment/
Regulatory Impact Review, are available
from Donald O. McIssac, Executive
Director, Pacific Fishery Management
Council, 7700 NE Ambassador Place,
Suite 101, Portland, OR 97220–1384 or
the NMFS Southwest Region (Rodney
McInnis or Joshua Lindsay) (see
ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Joshua B. Lindsay, Sustainable Fisheries
Division, NMFS, at 562–980–4034 or
Mike Burner, 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 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.
The MSA requires each regional
fishery management council to submit
any amendment to an FMP to NMFS for
review and approval, disapproval, or
partial approval. The MSA also requires
that NMFS, upon receiving an
amendment to an FMP, publish
notification in the Federal Register that
the amendment is available for public
review and comment. NMFS will
consider the public comments received
during the comment period described
above in determining whether to
approve, disapprove, or partially
approve Amendment 13.
The MSA was amended in 2007 to
include new requirements for ACLs and
accountability measures (AMs) and
other provisions regarding preventing
and ending overfishing and rebuilding
fisheries. On January 16, 2009, NMFS
revised its guidelines implementing
MSA National Standard 1 (74 FR 3178)
E:\FR\FM\08JNP1.SGM
08JNP1
33190
Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules
jlentini on DSK4TPTVN1PROD with PROPOSALS
in response to these changes in the
MSA. The revised guidelines explain
NOAA’s interpretation of the new
statutory requirements for specifying
ACLs at such levels that overfishing
does not occur and that measures be
taken to ensure accountability with
these limits. The purpose of
Amendment 13 is to amend the CPS
FMP to ensure it is consistent with these
revised advisory guidelines and to
comply with the statute. Specifically,
Amendment 13 would revise the
framework process to set and adjust
fishery specification and management
measures, and would establish a
framework for specifying new reference
points such as ACLs and AMs, as well
as other provisions for preventing
overfishing such as the potential setting
of annual catch targets (ACTs).
Amendment 13 revises the framework
process currently in place to set and
adjust fishery specifications and
management measures and establishes a
framework for specifying new reference
points such as overfishing level (OFL),
acceptable biological catch (ABC) and
ACL, where necessary. This includes
the mechanisms to set ACLs and the
associated AMs to ensure they are not
exceeded, control rules for determining
ABC and other provisions for preventing
overfishing such as the potential setting
of annual catch targets (ACTs) and the
development of Maximum Sustainable
Yield proxies and/or OFLs for those
stocks for which current biomass
estimates are not available. Specifically,
Amendment 13 would implement this
new fishery specification framework,
designed to better account for scientific
and management uncertainty and to
VerDate Mar<15>2010
17:24 Jun 07, 2011
Jkt 223001
prevent overfishing, in the FMP through
the following:
• Modify the existing harvest control
rules for actively managed species to
include a buffer or reduction in ABC
relative to OFL to account for scientific
uncertainty. This buffer will be
determined during the annual
management cycle through a
combination of scientific advice from
the Scientific and Statistical Committee
(SSC) and a policy determination of the
Council;
• Maintain the default harvest control
rules for monitored stocks as modified
to specify the new management
reference points. ACLs would be
specified for multiple years until such
time as the species becomes actively
managed or new scientific information
becomes available. The value of 0.25 in
the ABC control rule (a 75 percent
buffer) will remain in use until
recommended for modification by the
SSC and approved by the Council;
• Add a mechanism for the use of
sector-specific ACLs, ACTs and AMs, in
the annual harvest and management
specification process.
Amendment 13 also adds Pacific
herring (Clupea pallasii pallasii) and
jacksmelt (Atherinopsis californiensis)
to the FMP as ecosystem component
(EC) species. Although the incidental
catch of these species within CPS
fisheries is extremely small, the intent
of this action is to monitor the catches
of these species and report catch
estimates in the annual Stock
Assessment and Fishery Evaluation
report along with other incidental catch.
In addition to the current ecological
considerations in the FMP, the
PO 00000
Frm 00018
Fmt 4702
Sfmt 9990
amendment adds language to specify
that the Council will include ecological
considerations when reviewing and/or
adopting status determination criteria,
ACLs, and ACTs. Although not a change
to the FMP, the Council reaffirmed that
all management unit species (MUS) in
the FMP, including those species
currently categorized as monitored
species and prohibited harvest species
(krill), are ‘‘in the fishery’’ and therefore
remain as MUS.
Public comments on Amendment 13
must be received by August 8, 2011, to
be considered by NMFS in the decision
whether to approve, disapprove, or
partially approve Amendment 13. A
proposed rule to implement
Amendment 13 has been submitted for
Secretarial review and approval. NMFS
expects to publish and request public
comment on the proposed regulation to
implement Amendment 13 in the near
future. Public comments on the
proposed rule must be received by the
end of the comment period on the
amendment to be considered in the
approval/disapproval decision on the
amendment. All comments received
during the comment period for the
amendment, whether specifically
directed to the amendment, or the
proposed rule, will be considered in the
approval/disapproval decision.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 3, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–14150 Filed 6–7–11; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\08JNP1.SGM
08JNP1
]]>Agencies
[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Proposed Rules]
[Pages 33189-33190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14150]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BA68
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Amendment 13 to the Coastal Pelagic Species Fishery
Management Plan; Annual Catch Limits
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 13 to the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP) for review by the Secretary of
Commerce. The intent of Amendment 13 is to ensure the FMP is consistent
with NMFS advisory guidelines. The guidelines describe fishery
management approaches to meet the objectives of National Standard 1
(NS1) of section 301 of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA). National Standard 1 states ``Conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield (OY) from each fishery for the U.S.
fishing industry.''
DATES: Comments on Amendment 13 must be received by August 8, 2011.
ADDRESSES: You may submit comments identified by 0648-BA68 by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Fax: (562) 980-4047, Attn: Joshua Lindsay.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may 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 prefer to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the CPS FMP as Amended through Amendment 13 and its
associated Environmental Assessment/Regulatory Impact Review, are
available from Donald O. McIssac, Executive Director, Pacific Fishery
Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR
97220-1384 or the NMFS Southwest Region (Rodney McInnis or Joshua
Lindsay) (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Sustainable
Fisheries Division, NMFS, at 562-980-4034 or Mike Burner, 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 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.
The MSA requires each regional fishery management council to submit
any amendment to an FMP to NMFS for review and approval, disapproval,
or partial approval. The MSA also requires that NMFS, upon receiving an
amendment to an FMP, publish notification in the Federal Register that
the amendment is available for public review and comment. NMFS will
consider the public comments received during the comment period
described above in determining whether to approve, disapprove, or
partially approve Amendment 13.
The MSA was amended in 2007 to include new requirements for ACLs
and accountability measures (AMs) and other provisions regarding
preventing and ending overfishing and rebuilding fisheries. On January
16, 2009, NMFS revised its guidelines implementing MSA National
Standard 1 (74 FR 3178)
[[Page 33190]]
in response to these changes in the MSA. The revised guidelines explain
NOAA's interpretation of the new statutory requirements for specifying
ACLs at such levels that overfishing does not occur and that measures
be taken to ensure accountability with these limits. The purpose of
Amendment 13 is to amend the CPS FMP to ensure it is consistent with
these revised advisory guidelines and to comply with the statute.
Specifically, Amendment 13 would revise the framework process to set
and adjust fishery specification and management measures, and would
establish a framework for specifying new reference points such as ACLs
and AMs, as well as other provisions for preventing overfishing such as
the potential setting of annual catch targets (ACTs).
Amendment 13 revises the framework process currently in place to
set and adjust fishery specifications and management measures and
establishes a framework for specifying new reference points such as
overfishing level (OFL), acceptable biological catch (ABC) and ACL,
where necessary. This includes the mechanisms to set ACLs and the
associated AMs to ensure they are not exceeded, control rules for
determining ABC and other provisions for preventing overfishing such as
the potential setting of annual catch targets (ACTs) and the
development of Maximum Sustainable Yield proxies and/or OFLs for those
stocks for which current biomass estimates are not available.
Specifically, Amendment 13 would implement this new fishery
specification framework, designed to better account for scientific and
management uncertainty and to prevent overfishing, in the FMP through
the following:
Modify the existing harvest control rules for actively
managed species to include a buffer or reduction in ABC relative to OFL
to account for scientific uncertainty. This buffer will be determined
during the annual management cycle through a combination of scientific
advice from the Scientific and Statistical Committee (SSC) and a policy
determination of the Council;
Maintain the default harvest control rules for monitored
stocks as modified to specify the new management reference points. ACLs
would be specified for multiple years until such time as the species
becomes actively managed or new scientific information becomes
available. The value of 0.25 in the ABC control rule (a 75 percent
buffer) will remain in use until recommended for modification by the
SSC and approved by the Council;
Add a mechanism for the use of sector-specific ACLs, ACTs
and AMs, in the annual harvest and management specification process.
Amendment 13 also adds Pacific herring (Clupea pallasii pallasii)
and jacksmelt (Atherinopsis californiensis) to the FMP as ecosystem
component (EC) species. Although the incidental catch of these species
within CPS fisheries is extremely small, the intent of this action is
to monitor the catches of these species and report catch estimates in
the annual Stock Assessment and Fishery Evaluation report along with
other incidental catch. In addition to the current ecological
considerations in the FMP, the amendment adds language to specify that
the Council will include ecological considerations when reviewing and/
or adopting status determination criteria, ACLs, and ACTs. Although not
a change to the FMP, the Council reaffirmed that all management unit
species (MUS) in the FMP, including those species currently categorized
as monitored species and prohibited harvest species (krill), are ``in
the fishery'' and therefore remain as MUS.
Public comments on Amendment 13 must be received by August 8, 2011,
to be considered by NMFS in the decision whether to approve,
disapprove, or partially approve Amendment 13. A proposed rule to
implement Amendment 13 has been submitted for Secretarial review and
approval. NMFS expects to publish and request public comment on the
proposed regulation to implement Amendment 13 in the near future.
Public comments on the proposed rule must be received by the end of the
comment period on the amendment to be considered in the approval/
disapproval decision on the amendment. All comments received during the
comment period for the amendment, whether specifically directed to the
amendment, or the proposed rule, will be considered in the approval/
disapproval decision.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 3, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-14150 Filed 6-7-11; 8:45 am]
BILLING CODE 3510-22-P
