Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Program Improvement and Enhancement; Amendment 21-1, 50449-50450 [2011-20678]
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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Proposed Rules
commercial, recreational, scientific, or
educational purposes; (3) disease or
predation; (4) inadequacy of existing
regulatory mechanisms; or (5) other
natural or man-made factors affecting
the species’ continued existence. The
biologists also evaluated new
information on hatchery programs to
inform an updated assessment of which
hatchery programs should be included
as part of the listed species. They
applied our Policy Addressing the Role
of Artificially Propagated Pacific
Salmon and Steelhead in Listing
Determinations under the ESA (70 FR
37204) to complete this evaluation. The
5-year review reports, the science team
report, and additional information are
available on our Web site: https://nwr.
noaa.gov.
Findings
After considering the best available
information, we conclude that all 11
Pacific salmon species and 6 steelhead
species in Oregon, Washington, and
Idaho shall remain listed as currently
classified.
We also conclude that, based on the
best information available, no
adjustments to species boundaries are
necessary. We did conclude that the
species membership of several hatchery
programs will need to be revised, and
we also identified several errors in our
current species descriptions in the list
of threatened and endangered species
found at 50 CFR 17.11, 223.102, and
224.102. We will adjust the hatchery
memberships and correct any listing
inaccuracies through a subsequent
rulemaking.
Authority: 16 U.S.C. 1531 et seq.
Dated: August 8, 2011.
Therese Conant,
Deputy Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2011–20453 Filed 8–12–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BB13
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Trawl
Rationalization Program; Program
Improvement and Enhancement;
Amendment 21–1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Availability of an amendment to
a fishery management plan; request for
comments.
50449
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). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen, phone: 206–526–4656, fax:
206–526–6736, and e-mail
jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
Electronic Access
NMFS announces that the
Pacific Fishery Management Council
(Council) has submitted Amendment
21–1 to the Pacific Coast Groundfish
Fishery Management Plan (FMP) for
review by the Secretary of Commerce
(Secretary). Amendment 21–1 would
further revise the FMP to support the
trawl rationalization program, a catch
share program, implemented in January
2011 through Amendments 20 and 21.
Amendment 21–1 would modify the
FMP to clarify that Amendment 21
supersedes the limited entry/open
access allocations for groundfish species
allocated through Amendment 21.
Amendment 21–1 would also revise the
formula in the FMP to allocate Pacific
halibut bycatch to the limited entry
trawl fishery.
DATES: Comments on Amendment 21–1
must be received no later than 5 p.m.,
local time on October 14, 2011.
ADDRESSES: You may submit comments,
identified by RIN 0648–BB13 by any
one of the following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Fax: 206–526–6736, Attn: Jamie Goen.
Mail: Barry Thom, Acting
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070, Attn: Jamie
Goen.
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
Background information and
documents are available at the Pacific
Fishery Management Council’s Web site
at https://www.pcouncil.org/.
The Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit any FMP or plan
amendment it prepares to NMFS for
review and approval, disapproval, or
partial approval. The Magnuson-Stevens
Act also requires that NMFS, upon
receiving an FMP or amendment,
immediately publish a notice that the
FMP or amendment is available for
public review and comment. NMFS will
consider public comments received
during the comment period described
above in determining whether to
approve Amendment 21–1 to the FMP.
Amendment 21–1 would further
revise the FMP to support the trawl
rationalization program, a catch share
program, implemented in January 2011
through Amendments 20 and 21.
Amendment 21–1 would modify the
FMP to: (1) Clarify that Amendment 21
supersedes the limited entry/open
access allocations for groundfish species
allocated through Amendment 21; and
(2) revise the formula in the FMP to
calculate the Pacific halibut bycatch
mortality limit for the limited entry
trawl fishery.
Amendment 21 to the FMP
established allocations to the limited
entry trawl fishery participants. As part
of Amendment 21, allocations were
established between the trawl and nontrawl sectors for certain groundfish
species in preparation for the trawl
rationalization program (called
Amendment 21 species). In a letter to
the Council dated August 9, 2010,
NMFS disapproved part of Amendment
21 because the FMP language available
to the public and to the Council during
its decision making did not clearly state
that Amendment 21 allocations
supersede the previous limited entry/
open access allocations for Amendment
SUMMARY:
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50450
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Proposed Rules
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21 species. In other words, the partial
disapproval of Amendment 21 was
because of a concern over the public
record and procedural issues regarding
the record. This issue has since been
addressed through the Council process
by providing FMP and regulatory
language at the Council’s March, April,
and June 2011 meetings.
Amendment 21–1 would modify the
FMP to explicitly state that, for
Amendment 21 species, allocations
decided under Amendment 21
supersede allocations previously
decided between limited entry and open
access fisheries. Limited entry and open
access allocations were initially decided
under Amendment 6 to the FMP, which
established the limited entry fishery.
Amendment 21–1 would also revise
the formula in the FMP to calculate the
amount of Pacific halibut bycatch
available to the limited entry trawl
fishery. The allocation of Pacific halibut
to the trawl fishery was initially
implemented through Amendment 21 to
the FMP. Halibut allocations under
Amendment 21 set a total catch limit of
Pacific halibut in the limited entry trawl
fishery for the trawl rationalization
program in order to reduce trawl
bycatch of halibut in future fisheries to
provide more yield to directed Area 2A
(Washington, Oregon, and California)
halibut fisheries (i.e., primary use of
halibut is to provide fish for the directed
tribal, commercial, and recreational
fisheries). However, as the start date of
the trawl rationalization program,
January 2011, was getting closer, the
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14:58 Aug 12, 2011
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Council and industry were concerned
that the allocation established in
Amendment 21 was too restrictive. In
response, NMFS implemented interim
measures for the 2011 groundfish
fishery which interpreted the halibut
allocation to be legal halibut of 130,000
lb net weight. This was in comparison
to Amendment 21 language which
stated legal and sub-legal halibut set at
15% of the International Pacific Halibut
Commission’s (IPHC’s) constant
exploitation yield (CEY) for legal sized
halibut (over 32 inches in length), not to
exceed 130,000 lbs annually for the first
four years and not to exceed 100,000 lbs
annually beginning in the fifth year.
This resulted in a two part calculation
of the limit by converting from net
weight to round weight and by
converting legal sized halibut to legal
and sublegal sized halibut. This
calculation reflects the difference
between the total constant exploitation
yield (TCEY) established by the IPHC
(net weight of legal fish) and NMFS
management of groundfish and halibut
(round weight of legal and sublegal
fish).
Because the interim measures are
temporary and will expire at the end of
2011, the Council has recommended a
long term solution by making further
revisions to Amendment 21 for the
calculation of halibut bycatch mortality
available to the trawl fishery. For 2012
and beyond, the Council recommended
amending the FMP through Amendment
21–1 to: (1) Specify that the total net
PO 00000
Frm 00015
Fmt 4702
Sfmt 9990
weight of legal sized halibut would then
be expanded, converting to total round
weight of legal and sublegal sized
halibut, and (2) by making the
percentage cap based on the best
estimate of TCEY from the IPHC (i.e.,
preliminary IPHC estimate from their
interim meeting of TCEY).
A proposed rule to implement the
provisions of Amendment 21–1 has
been submitted by the Council for
Secretarial review and approval. NMFS
expects to publish and request public
review and comment on the proposed
regulations to implement Amendment
21–1 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. The
decision on the amendment must occur
within 30 days of the end of the
comment period on the notice of
availability for the amendment. All
comments received by the end of 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: August 10, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–20678 Filed 8–12–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Proposed Rules]
[Pages 50449-50450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20678]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BB13
Fisheries off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Trawl Rationalization Program; Program Improvement and
Enhancement; Amendment 21-1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: 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 21-1 to the Pacific Coast Groundfish
Fishery Management Plan (FMP) for review by the Secretary of Commerce
(Secretary). Amendment 21-1 would further revise the FMP to support the
trawl rationalization program, a catch share program, implemented in
January 2011 through Amendments 20 and 21. Amendment 21-1 would modify
the FMP to clarify that Amendment 21 supersedes the limited entry/open
access allocations for groundfish species allocated through Amendment
21. Amendment 21-1 would also revise the formula in the FMP to allocate
Pacific halibut bycatch to the limited entry trawl fishery.
DATES: Comments on Amendment 21-1 must be received no later than 5
p.m., local time on October 14, 2011.
ADDRESSES: You may submit comments, identified by RIN 0648-BB13 by any
one of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal https://www.regulations.gov.
Fax: 206-526-6736, Attn: Jamie Goen.
Mail: Barry Thom, Acting Administrator, Northwest Region, NMFS,
7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: Jamie Goen.
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 wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jamie Goen, phone: 206-526-4656, fax:
206-526-6736, and e-mail jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
Background information and documents are available at the Pacific
Fishery Management Council's Web site at https://www.pcouncil.org/.
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) requires that each regional fishery management
council submit any FMP or plan amendment it prepares to NMFS for review
and approval, disapproval, or partial approval. The Magnuson-Stevens
Act also requires that NMFS, upon receiving an FMP or amendment,
immediately publish a notice that the FMP or amendment is available for
public review and comment. NMFS will consider public comments received
during the comment period described above in determining whether to
approve Amendment 21-1 to the FMP.
Amendment 21-1 would further revise the FMP to support the trawl
rationalization program, a catch share program, implemented in January
2011 through Amendments 20 and 21. Amendment 21-1 would modify the FMP
to: (1) Clarify that Amendment 21 supersedes the limited entry/open
access allocations for groundfish species allocated through Amendment
21; and (2) revise the formula in the FMP to calculate the Pacific
halibut bycatch mortality limit for the limited entry trawl fishery.
Amendment 21 to the FMP established allocations to the limited
entry trawl fishery participants. As part of Amendment 21, allocations
were established between the trawl and non-trawl sectors for certain
groundfish species in preparation for the trawl rationalization program
(called Amendment 21 species). In a letter to the Council dated August
9, 2010, NMFS disapproved part of Amendment 21 because the FMP language
available to the public and to the Council during its decision making
did not clearly state that Amendment 21 allocations supersede the
previous limited entry/open access allocations for Amendment
[[Page 50450]]
21 species. In other words, the partial disapproval of Amendment 21 was
because of a concern over the public record and procedural issues
regarding the record. This issue has since been addressed through the
Council process by providing FMP and regulatory language at the
Council's March, April, and June 2011 meetings.
Amendment 21-1 would modify the FMP to explicitly state that, for
Amendment 21 species, allocations decided under Amendment 21 supersede
allocations previously decided between limited entry and open access
fisheries. Limited entry and open access allocations were initially
decided under Amendment 6 to the FMP, which established the limited
entry fishery.
Amendment 21-1 would also revise the formula in the FMP to
calculate the amount of Pacific halibut bycatch available to the
limited entry trawl fishery. The allocation of Pacific halibut to the
trawl fishery was initially implemented through Amendment 21 to the
FMP. Halibut allocations under Amendment 21 set a total catch limit of
Pacific halibut in the limited entry trawl fishery for the trawl
rationalization program in order to reduce trawl bycatch of halibut in
future fisheries to provide more yield to directed Area 2A (Washington,
Oregon, and California) halibut fisheries (i.e., primary use of halibut
is to provide fish for the directed tribal, commercial, and
recreational fisheries). However, as the start date of the trawl
rationalization program, January 2011, was getting closer, the Council
and industry were concerned that the allocation established in
Amendment 21 was too restrictive. In response, NMFS implemented interim
measures for the 2011 groundfish fishery which interpreted the halibut
allocation to be legal halibut of 130,000 lb net weight. This was in
comparison to Amendment 21 language which stated legal and sub-legal
halibut set at 15% of the International Pacific Halibut Commission's
(IPHC's) constant exploitation yield (CEY) for legal sized halibut
(over 32 inches in length), not to exceed 130,000 lbs annually for the
first four years and not to exceed 100,000 lbs annually beginning in
the fifth year. This resulted in a two part calculation of the limit by
converting from net weight to round weight and by converting legal
sized halibut to legal and sublegal sized halibut. This calculation
reflects the difference between the total constant exploitation yield
(TCEY) established by the IPHC (net weight of legal fish) and NMFS
management of groundfish and halibut (round weight of legal and
sublegal fish).
Because the interim measures are temporary and will expire at the
end of 2011, the Council has recommended a long term solution by making
further revisions to Amendment 21 for the calculation of halibut
bycatch mortality available to the trawl fishery. For 2012 and beyond,
the Council recommended amending the FMP through Amendment 21-1 to: (1)
Specify that the total net weight of legal sized halibut would then be
expanded, converting to total round weight of legal and sublegal sized
halibut, and (2) by making the percentage cap based on the best
estimate of TCEY from the IPHC (i.e., preliminary IPHC estimate from
their interim meeting of TCEY).
A proposed rule to implement the provisions of Amendment 21-1 has
been submitted by the Council for Secretarial review and approval. NMFS
expects to publish and request public review and comment on the
proposed regulations to implement Amendment 21-1 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. The decision on the amendment
must occur within 30 days of the end of the comment period on the
notice of availability for the amendment. All comments received by the
end of 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: August 10, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-20678 Filed 8-12-11; 8:45 am]
BILLING CODE 3510-22-P
