Fisheries Off West Coast States; Highly Migratory Species Fisheries; Annual Catch Limits and Accountability Measures, 56327-56329 [2011-23387]
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
NE Multispecies Fishery Management
Plan, other provisions of the MagnusonStevens Act, and other applicable law.
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA finds good cause
under 5 U.S.C. 553(b)(B) and (d)(3) to
waive prior notice and the delayed
effectiveness for this action because
notice and a delayed effectiveness
would be unnecessary, impracticable,
and contrary to the public interest. Both
the FW 45 final rule and the FY 2011
adjustment rule based on final sector
rosters indicated that future adjustments
may be made based on updated FY 2010
catch estimates and final sector rosters;
these catch estimates and final rosters
only recently became available, and this
rule implements the anticipated
adjustments. Prior opportunity for
public comment is unnecessary and
impracticable because the public was
provided the opportunity to comment
on the possibility of the anticipated
adjustments, including the basis for
such adjustments. However, NMFS is
requesting public comment on this
action because the actual adjustments in
this rule were not specifically stated.
NMFS also finds good cause pursuant
to 5 U.S.C. 553(d)(3) to waive the delay
in effectiveness of this action as
contrary to the public interest. Any
delay in making these adjustments
would cause Category A DAS common
pool vessels to operate under a more
restrictive differential DAS rate than
required in certain areas. Fishermen
participating in the common pool
fishery make business decisions based
on the number of DAS available to
them. A delay in this action would
prolong the time period that the fishery
would be operating under an incorrect
differential DAS rate, which may
prevent a vessel from gaining the
maximum benefit from available fishing
opportunities during the summer
months, which generally have better
weather conditions. NMFS is making
this adjustment now because FY 2010
catch information supporting the change
only recently became available.
A delay in the announcement of the
FY 2010 ACE carryover is also contrary
to the public interest because a delay
could disrupt sector operations and
prevent sectors from planning for the
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15:54 Sep 12, 2011
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fishing year based on the amount of
ACE available to them in FY 2011. FY
2010 ACE carryover may increase the
fishing opportunities available to each
sector in FY 2011, especially if a sector
has a small allocation for particular
stocks. A delay in this action could
result in foregone fishing opportunities
during the summer months, when
weather conditions are generally better.
Because ACE may be traded between
sectors, a delay in this action could also
affect the ACE available to the market
for trading, to the economic detriment of
the fishery.
Because prior notice and an
opportunity for comment are not
required for this rule by 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 7, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–23369 Filed 9–8–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 101102552–1319–02]
RIN 0648–BA35
Fisheries Off West Coast States;
Highly Migratory Species Fisheries;
Annual Catch Limits and
Accountability Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule
under authority of the MagnusonStevens Fishery Conservation and
Management Act (MSA) to implement
Amendment 2 to the Fishery
Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species
(HMS FMP). NMFS approved
Amendment 2 on June 12, 2011. The
final rule implements regulatory
components specified under
Amendment 2 by changing the suite of
management unit species and modifying
the process for revising numerical
estimates of maximum sustainable yield
and optimal yield, and specify status
SUMMARY:
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Fmt 4700
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56327
determination criteria so that
overfishing and overfished
determinations can be made for all
management unit species. The final rule
is necessary to ensure that the HMS
FMP is consistent with the objectives of
National Standard 1 in the MSA.
National Standard 1 mandates that
‘‘Conservation and management
measures shall prevent overfishing
while achieving, on a continuing basis,
the optimum yield from each fishery for
the U.S. fishing industry.’’
DATES: This final rule is effective
October 13, 2011.
FOR FURTHER INFORMATION CONTACT:
Craig Heberer, Sustainable Fisheries
Division, NMFS, 760–431–9440, ext.
303.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is also accessible at
(https://swr.nmfs.noaa.gov/). An
electronic copy of the current HMS FMP
and accompanying appendices,
including Amendments 1 and 2, are
available on the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/hms/
hmsfmp.html.
The HMS FMP was developed by the
Pacific Fishery Management Council
(Council) in response to the need to
coordinate state, Federal, and
international management of HMS
stocks. The management unit in the
FMP consists of several highly
migratory species (tunas, billfish, and
sharks) that occur within the West Coast
(California, Oregon, and Washington)
Exclusive Economic Zone (EEZ) and to
a limited extent on adjacent high seas
waters. The National Marine Fisheries
Service (NMFS), on behalf of the U.S.
Secretary of Commerce, partially
approved the HMS FMP on February 4,
2004. NMFS implements the Council’s
recommended management measures
through the Federal regulatory process.
In June 2010, the Council took final
action to recommend adoption of
Amendment 2 to the HMS FMP, which
addresses statutory requirements of the
MSA National Standard Guidelines in
regard to the establishment of annual
catch limits (ACLs) and accountability
measures (AMs). The Council
transmitted Amendment 2 to NMFS on
March 14, 2011. NMFS approved
Amendment 2 on June 12, 2011. This
final rule implements Amendment 2. In
Amendment 2, the Council
recommended and NMFS concurred
that all 11 MUS will fall under the
international exemption for setting
ACLs and AMs as described at 50 CFR
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56328
Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
660.310(h)(2)(ii) in the revised MSA
National Standard 1 (NS1) Guidelines.
The final rule: (1) Reduces the
number of HMS FMP Management Unit
Species (MUS) listed in 50 CFR part 660
from 13 to 11; and (2) modifies the
process for revising and seeking NMFS
approval for numerical estimates of
maximum sustainable yield (MSY) and
optimal yield (OY) and specifies status
determination criteria (SDC) so that
overfishing and overfished
determinations can be made for all MUS
stocks.
In regard to classification of stocks in
the FMP, Amendment 2 and this final
rule reclassifies bigeye thresher shark
(Alopias superciliosus) and pelagic
thresher shark (A. pelagicus) as EC
species, thereby reducing the current
suite of MUS from 13 to 11. Bigeye and
pelagic thresher sharks were originally
included in the HMS FMP as MUS due
to concern over their low resiliency to
exploitation; their reclassification as EC
species is based in part on the minor
levels of west coast commercial and
recreational catch that have been
reported for these species since the FMP
was implemented. However, given the
presence of these species off the West
Coast, particularly during El Nino
warming periods, these species will
continue to be monitored under the
HMS FMP as an EC species. One of the
essential purposes behind identifying
EC species is to monitor these species
over time, periodically evaluate their
status, and assess whether any
management is needed under the HMS
FMP, in which case an EC species could
be reclassified as MUS, which means
they would be treated as ‘‘in the
fishery.’’ Amendment 2 establishes eight
EC species in the HMS FMP: the two
thresher shark species (bigeye and
pelagic), pelagic sting ray (Dasyetis
violacea), wahoo (Acathocybium
solandri), common mola (Mola mola),
escolar (Lepidocybium flavobrunneum),
lancetfishes (Alepisauridae), and louvar
(Luvarus imperialis).
In regard to the process for revising
numerical estimates of management
reference points, the methods for
determining MSY (or proxies), OY, and
SDC are currently described in the HMS
FMP. Existing numerical estimates of
these quantities (shown in FMP Table
4–3) are retained. However, upon
receipt of any new information based on
the best available science, the Council
may adjust the numerical estimates of
MSY, OY, and SDC periodically under
the Council’s management measure
process. The process would involve the
Council’s HMSMT identifying the
numerical estimates within the draft
HMS Stock Assessment and Fishery
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Evaluation (SAFE) document that is
submitted in June with the Council’s
SSC HMS subcommittee and then
making a recommendation on their
suitability. The Council would then
decide whether to adopt updated
numerical estimates of MSY and OY,
which would be submitted as
recommendations for NMFS to review
as part of the management measure
review process. This provides the
Secretary with an opportunity to review
revised MSY and OY estimates. In this
process, the Council takes final action in
November and NMFS subsequently
engages in rulemaking to implement the
specifications of any management
measures proposed by the Council. The
revised estimates of MSY, OY, and SDC
would also be published in the annual
HMS SAFE document. However, if a
regional fisheries management
organization formally adopts reference
points for the purpose of regional
management for any of the HMS FMP
managed species, these would generally
take precedence. The Council would
engage in a review process similar to
that described above before adopting
them as appropriate for domestic
management purposes under the HMS
FMP.
A single public comment was
received on the proposed rule to
implement Amendment 2 pointing out
an error in the use of the common name
for bluefin tuna. NMFS made this
change in the final rule.
Classification
The Administrator of the Southwest
Region, NMFS, determined that the
HMS FMP Amendment 2 is necessary
for the conservation and management of
the U.S. West Coast Fisheries for Highly
Migratory Species and that it is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable laws.
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.
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List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 7, 2011.
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
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 660.702, revise the definition of
‘‘Highly Migratory Species (HMS)’’ to
read as follows:
■
§ 660.702
Definitions.
*
*
*
*
*
Highly Migratory Species (HMS)
means species managed by the FMP,
specifically:
Billfish/Swordfish:
striped marlin (Tetrapturus audax)
swordfish (Xiphias gladius)
Sharks:
common thresher shark (Alopias
vulpinus)
shortfin mako or bonito shark (Isurus
oxyrinchus)
blue shark (Prionace glauca)
Tunas:
north Pacific albacore (Thunnus
alalunga)
yellowfin tuna (Thunnus albacares)
bigeye tuna (Thunnus obesus)
skipjack tuna (Katsuwonus pelamis)
Pacific bluefin tuna (Thunnus
orientalis)
Other:
dorado or dolphinfish (Coryphaena
hippurus)
*
*
*
*
*
■ 3. In § 660.709, revise paragraph (a) to
read as follows:
§ 660.709
Annual specifications.
(a) Procedure. (1) In June of each year,
the HMSMT will deliver a preliminary
SAFE report to the Council for all HMS
with any necessary recommendations
for harvest guidelines, quotas or other
management measures to protect HMS,
including updated MSY and OY
estimates based on the best available
science. The Council’s HMS Science
and Statistical Committee will review
the estimates and make a
recommendation on their suitability for
management. The Council will review
these recommendations and decide
whether to adopt updated numerical
E:\FR\FM\13SER1.SGM
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
estimates of MSY and OY, which are
then submitted as recommendations for
NMFS to review as part of the
management measures review process.
(2) In September of each year, the
HMSMT will deliver a final SAFE report
to the Council. The Council will adopt
any necessary harvest guidelines, quotas
or other management measures
including updated MSY and OY
estimates if any for public review.
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15:54 Sep 12, 2011
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(3) In November each year, the
Council will take final action on any
necessary harvest guidelines, quotas, or
other management measures including
updated MSY and OY estimates if any
and make its recommendations to
NMFS.
(4) Based on recommendations of the
Council, the Regional Administrator
will approve or disapprove any harvest
guideline, quota, or other management
measure including updated MSY and
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56329
OY estimates after reviewing such
recommendations to determine
compliance with the FMP, the
Magnuson Act, and other applicable
law. The Regional Administrator will
implement through rulemaking any
approved harvest guideline, quota, or
other management measure adopted
under this section.
*
*
*
*
*
[FR Doc. 2011–23387 Filed 9–12–11; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56327-56329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23387]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 101102552-1319-02]
RIN 0648-BA35
Fisheries Off West Coast States; Highly Migratory Species
Fisheries; Annual Catch Limits and Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a final rule under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) to implement
Amendment 2 to the Fishery Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species (HMS FMP). NMFS approved
Amendment 2 on June 12, 2011. The final rule implements regulatory
components specified under Amendment 2 by changing the suite of
management unit species and modifying the process for revising
numerical estimates of maximum sustainable yield and optimal yield, and
specify status determination criteria so that overfishing and
overfished determinations can be made for all management unit species.
The final rule is necessary to ensure that the HMS FMP is consistent
with the objectives of National Standard 1 in the MSA. National
Standard 1 mandates that ``Conservation and management measures shall
prevent overfishing while achieving, on a continuing basis, the optimum
yield from each fishery for the U.S. fishing industry.''
DATES: This final rule is effective October 13, 2011.
FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries
Division, NMFS, 760-431-9440, ext. 303.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is also accessible at (https://swr.nmfs.noaa.gov/).
An electronic copy of the current HMS FMP and accompanying appendices,
including Amendments 1 and 2, are available on the Pacific Fishery
Management Council's Web site at https://www.pcouncil.org/hms/hmsfmp.html.
The HMS FMP was developed by the Pacific Fishery Management Council
(Council) in response to the need to coordinate state, Federal, and
international management of HMS stocks. The management unit in the FMP
consists of several highly migratory species (tunas, billfish, and
sharks) that occur within the West Coast (California, Oregon, and
Washington) Exclusive Economic Zone (EEZ) and to a limited extent on
adjacent high seas waters. The National Marine Fisheries Service
(NMFS), on behalf of the U.S. Secretary of Commerce, partially approved
the HMS FMP on February 4, 2004. NMFS implements the Council's
recommended management measures through the Federal regulatory process.
In June 2010, the Council took final action to recommend adoption
of Amendment 2 to the HMS FMP, which addresses statutory requirements
of the MSA National Standard Guidelines in regard to the establishment
of annual catch limits (ACLs) and accountability measures (AMs). The
Council transmitted Amendment 2 to NMFS on March 14, 2011. NMFS
approved Amendment 2 on June 12, 2011. This final rule implements
Amendment 2. In Amendment 2, the Council recommended and NMFS concurred
that all 11 MUS will fall under the international exemption for setting
ACLs and AMs as described at 50 CFR
[[Page 56328]]
660.310(h)(2)(ii) in the revised MSA National Standard 1 (NS1)
Guidelines.
The final rule: (1) Reduces the number of HMS FMP Management Unit
Species (MUS) listed in 50 CFR part 660 from 13 to 11; and (2) modifies
the process for revising and seeking NMFS approval for numerical
estimates of maximum sustainable yield (MSY) and optimal yield (OY) and
specifies status determination criteria (SDC) so that overfishing and
overfished determinations can be made for all MUS stocks.
In regard to classification of stocks in the FMP, Amendment 2 and
this final rule reclassifies bigeye thresher shark (Alopias
superciliosus) and pelagic thresher shark (A. pelagicus) as EC species,
thereby reducing the current suite of MUS from 13 to 11. Bigeye and
pelagic thresher sharks were originally included in the HMS FMP as MUS
due to concern over their low resiliency to exploitation; their
reclassification as EC species is based in part on the minor levels of
west coast commercial and recreational catch that have been reported
for these species since the FMP was implemented. However, given the
presence of these species off the West Coast, particularly during El
Nino warming periods, these species will continue to be monitored under
the HMS FMP as an EC species. One of the essential purposes behind
identifying EC species is to monitor these species over time,
periodically evaluate their status, and assess whether any management
is needed under the HMS FMP, in which case an EC species could be
reclassified as MUS, which means they would be treated as ``in the
fishery.'' Amendment 2 establishes eight EC species in the HMS FMP: the
two thresher shark species (bigeye and pelagic), pelagic sting ray
(Dasyetis violacea), wahoo (Acathocybium solandri), common mola (Mola
mola), escolar (Lepidocybium flavobrunneum), lancetfishes
(Alepisauridae), and louvar (Luvarus imperialis).
In regard to the process for revising numerical estimates of
management reference points, the methods for determining MSY (or
proxies), OY, and SDC are currently described in the HMS FMP. Existing
numerical estimates of these quantities (shown in FMP Table 4-3) are
retained. However, upon receipt of any new information based on the
best available science, the Council may adjust the numerical estimates
of MSY, OY, and SDC periodically under the Council's management measure
process. The process would involve the Council's HMSMT identifying the
numerical estimates within the draft HMS Stock Assessment and Fishery
Evaluation (SAFE) document that is submitted in June with the Council's
SSC HMS subcommittee and then making a recommendation on their
suitability. The Council would then decide whether to adopt updated
numerical estimates of MSY and OY, which would be submitted as
recommendations for NMFS to review as part of the management measure
review process. This provides the Secretary with an opportunity to
review revised MSY and OY estimates. In this process, the Council takes
final action in November and NMFS subsequently engages in rulemaking to
implement the specifications of any management measures proposed by the
Council. The revised estimates of MSY, OY, and SDC would also be
published in the annual HMS SAFE document. However, if a regional
fisheries management organization formally adopts reference points for
the purpose of regional management for any of the HMS FMP managed
species, these would generally take precedence. The Council would
engage in a review process similar to that described above before
adopting them as appropriate for domestic management purposes under the
HMS FMP.
A single public comment was received on the proposed rule to
implement Amendment 2 pointing out an error in the use of the common
name for bluefin tuna. NMFS made this change in the final rule.
Classification
The Administrator of the Southwest Region, NMFS, determined that
the HMS FMP Amendment 2 is necessary for the conservation and
management of the U.S. West Coast Fisheries for Highly Migratory
Species and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
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: September 7, 2011.
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.
0
2. In Sec. 660.702, revise the definition of ``Highly Migratory
Species (HMS)'' to read as follows:
Sec. 660.702 Definitions.
* * * * *
Highly Migratory Species (HMS) means species managed by the FMP,
specifically:
Billfish/Swordfish:
striped marlin (Tetrapturus audax)
swordfish (Xiphias gladius)
Sharks:
common thresher shark (Alopias vulpinus)
shortfin mako or bonito shark (Isurus oxyrinchus)
blue shark (Prionace glauca)
Tunas:
north Pacific albacore (Thunnus alalunga)
yellowfin tuna (Thunnus albacares)
bigeye tuna (Thunnus obesus)
skipjack tuna (Katsuwonus pelamis)
Pacific bluefin tuna (Thunnus orientalis)
Other:
dorado or dolphinfish (Coryphaena hippurus)
* * * * *
0
3. In Sec. 660.709, revise paragraph (a) to read as follows:
Sec. 660.709 Annual specifications.
(a) Procedure. (1) In June of each year, the HMSMT will deliver a
preliminary SAFE report to the Council for all HMS with any necessary
recommendations for harvest guidelines, quotas or other management
measures to protect HMS, including updated MSY and OY estimates based
on the best available science. The Council's HMS Science and
Statistical Committee will review the estimates and make a
recommendation on their suitability for management. The Council will
review these recommendations and decide whether to adopt updated
numerical
[[Page 56329]]
estimates of MSY and OY, which are then submitted as recommendations
for NMFS to review as part of the management measures review process.
(2) In September of each year, the HMSMT will deliver a final SAFE
report to the Council. The Council will adopt any necessary harvest
guidelines, quotas or other management measures including updated MSY
and OY estimates if any for public review.
(3) In November each year, the Council will take final action on
any necessary harvest guidelines, quotas, or other management measures
including updated MSY and OY estimates if any and make its
recommendations to NMFS.
(4) Based on recommendations of the Council, the Regional
Administrator will approve or disapprove any harvest guideline, quota,
or other management measure including updated MSY and OY estimates
after reviewing such recommendations to determine compliance with the
FMP, the Magnuson Act, and other applicable law. The Regional
Administrator will implement through rulemaking any approved harvest
guideline, quota, or other management measure adopted under this
section.
* * * * *
[FR Doc. 2011-23387 Filed 9-12-11; 8:45 am]
BILLING CODE 3510-22-P
