Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 6486-6487 [2014-02285]
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Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Rules and Regulations
document will not have a significant
economic impact on a substantial
number of small entities.
In addition, section 1102(b) of the Act
requires us to prepare a regulatory
impact analysis if an action may have a
significant impact on the operations of
a substantial number of small rural
hospitals. This analysis must conform to
the provisions of section 604 of the
RFA. For purposes of section 1102(b) of
the Act, CMS defines a small rural
hospital as a hospital that is located
outside of a Metropolitan Statistical
Area for Medicare payment regulations
and has fewer than 100 beds. CMS is not
preparing an analysis for section 1102(b)
of the Act because it has determined,
and the Secretary certifies, that this
document will not have a significant
impact on the operations of a substantial
number of small rural hospitals.
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
regulatory action whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. In 2013, that
threshold is approximately $141
million. This document will have no
consequential effect on state, local, or
tribal governments or on the private
sector.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed regulatory action (and
subsequent final action) that imposes
substantial direct requirement costs on
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state law, or otherwise has Federalism
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not impose any costs on state or local
governments, the requirements of
Executive Order 13132 are not
applicable.
In accordance with the provisions of
Executive Order 12866, the Office of
Management and Budget reviewed this
document.
tkelley on DSK3SPTVN1PROD with RULES
Authority: Sections 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh) and 44 U.S.C. Chapter 35; Sec. 1103
of the Social Security Act (42 U.S.C. 1302).
Dated: January 27, 2014.
Marilyn Tavenner,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2014–02166 Filed 1–30–14; 4:15 pm]
BILLING CODE 4120–01–P
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16:57 Feb 03, 2014
Jkt 232001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130717633–4069–02]
RIN 0648–XC772
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement the annual catch limit (ACL),
acceptable biological catch (ABC),
annual catch target (ACT) and
associated annual reference points for
Pacific mackerel in the U.S. exclusive
economic zone (EEZ) off the Pacific
coast for the fishing season of July 1,
2013, through June 30, 2014. This final
rule is implemented according to the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The 2013/
2014 ACL for Pacific mackerel is 52,358
metric tons (mt). The ACT, which will
be the directed fishing harvest target, is
39,268 mt. If the fishery attains the ACT,
the directed fishery will close, reserving
the difference between the ACL and
ACT (which is 13,089 mt) as a set aside
for incidental landings in other CPS
fisheries and other sources of mortality.
This final rule is intended to conserve
and manage the Pacific mackerel stock
off the U.S. West Coast.
DATES: Effective March 6, 2014, through
June 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: During
public meetings each year, the estimated
biomass for Pacific mackerel is
presented to the Pacific Fishery
Management Council’s (Council) CPS
Management Team (Team), the
Council’s CPS Advisory Subpanel
(Subpanel) and the Council’s Scientific
and Statistical Committee (SSC), where
the biomass and the status of the
fisheries are reviewed and discussed.
The biomass estimate is then presented
to the Council along with the calculated
overfishing limit (OFL), acceptable
biological catch (ABC), annual catch
limit (ACL) and annual catch target
(ACT) recommendations and comments
from the Team, Subpanel and SSC.
Following review by the Council and
after hearing public comment, the
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Council adopts a biomass estimate and
makes its catch level recommendations
to NMFS.
The final rule will implement the
2013/2014 ACL, ACT and other annual
catch reference points, including OFL
and an ABC that takes into
consideration uncertainty surrounding
the current estimate of biomass, for
Pacific mackerel in the U.S. EEZ off the
Pacific coast. The CPS FMP and its
implementing regulations require NMFS
to set these annual catch levels for the
Pacific mackerel fishery based on the
annual specification framework in the
FMP. For the 2013/2014 fishing season
the ACL is set equal to the result of the
ABC calculation. This formula is:
ABC = Biomass * Buffer * FMSY *
Distribution with the parameters
described as follows:
1. Biomass. The estimated stock
biomass of Pacific mackerel for the
2013/2014 management season is
272,932 mt.
2. Buffer. Used to addresses
uncertainty in the OFL. For the 2013/
2014 fishing season the buffer value is
0.913496. This is based on the Council’s
recommendation of a P* of 0.45 and the
SSC recommended sigma of 0.72. The
sigma for this year is double that used
for previous years due to a higher level
of uncertainty in the biomass estimate.
3. FMSY. The fishing mortality rate at
maximum sustainable yield (MSY) is set
to 0.30.
4. Distribution. The average portion
(currently 70%) of the total Pacific
mackerel biomass that is estimated to be
in the U.S. EEZ off the Pacific coast.
At the June 2013 Council meeting, the
Council recommended management
measures for the Pacific mackerel
fishery. These management measures
and catch specifications are based on
the control rules established in the CPS
FMP and a biomass estimate of 272,932
mt (the result of a full stock assessment
that was completed in 2011 and
updated based on a projection estimate
for 2013). This biomass estimate was
reviewed and approved by the SSC as
the best available science for use in
management.
In this final rule, based on
recommendations from the Council’s
SSC and other advisory bodies, the
Council recommended and NOAA
Fisheries (NMFS) is implementing, an
OFL of 57,316 mt, an ABC of 52,358 mt,
an ACL 52,358 and an ACT of 39,268 mt
for the 2013/2014 Pacific mackerel
fishing season. The Pacific mackerel
fishing season runs from July 1 to June
30 of the following year.
Amendment 13 (‘‘ACL’’ amendment)
to the CPS FMP established a framework
E:\FR\FM\04FER1.SGM
04FER1
Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
that sets the ACL equal to the calculated
ABC (reduced from OFL for scientific
uncertainty) or the result of the harvest
guideline (HG) equation (maximum
quota prior to Amendment 13),
whichever value is less. This is the first
time in the two years since
implementation of Amendment 13 that
the ACL (maximum directed fishing
quota) is based on the ABC as opposed
to the HG; which for 2013 was
calculated to be 53,494 mt.
If the ACT is attained, the directed
fishery will close, and the difference
between the ACL and ACT (13,089 mt)
will be reserved as a set aside for
incidental landings in other CPS
fisheries and other sources of mortality.
In that event, incidental harvest
measures will be in place for the
remainder of the fishing year, including
a 45 percent incidental catch allowance
when Pacific mackerel are landed with
other CPS. In other words, no more than
45 percent by weight of the CPS landed
per trip may be Pacific mackerel, except
that up to 1 mt of Pacific mackerel could
be landed without landing any other
CPS. Upon the fishery attaining the
ACL/ABC (52,358 mt), no vessels in CPS
fisheries may retain Pacific mackerel.
The purpose of the incidental set-aside
VerDate Mar<15>2010
16:57 Feb 03, 2014
Jkt 232001
and allowance of an incidental fishery
is to allow for the restricted incidental
landings of Pacific mackerel in other
fisheries, particularly other CPS
fisheries, when the directed fishery is
closed to reduce potential discard of
Pacific mackerel and allow for
continued prosecution of other
important CPS fisheries.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register announcing the
date of any closure to either directed or
incidental fishing. Additionally, to
ensure the regulated community is
informed of any closure NMFS will also
make announcements through other
means available, including fax, email,
and mail to fishermen, processors, and
state fishery management agencies.
On September 18, 2013, a proposed
rule was published for this action and
public comments solicited (78 FR
57348). No comments were received.
For further background information on
this action please refer to the preamble
of the proposed.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
PO 00000
Frm 00031
Fmt 4700
Sfmt 9990
6487
NMFS Assistant Administrator has
determined that this final rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable law.
This final rule is exempt from review
under 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 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 29, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–02285 Filed 2–3–14; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\04FER1.SGM
04FER1
]]>Agencies
[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Rules and Regulations]
[Pages 6486-6487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02285]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 130717633-4069-02]
RIN 0648-XC772
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the annual catch
limit (ACL), acceptable biological catch (ABC), annual catch target
(ACT) and associated annual reference points for Pacific mackerel in
the U.S. exclusive economic zone (EEZ) off the Pacific coast for the
fishing season of July 1, 2013, through June 30, 2014. This final rule
is implemented according to the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The 2013/2014 ACL for Pacific mackerel is 52,358
metric tons (mt). The ACT, which will be the directed fishing harvest
target, is 39,268 mt. If the fishery attains the ACT, the directed
fishery will close, reserving the difference between the ACL and ACT
(which is 13,089 mt) as a set aside for incidental landings in other
CPS fisheries and other sources of mortality. This final rule is
intended to conserve and manage the Pacific mackerel stock off the U.S.
West Coast.
DATES: Effective March 6, 2014, through June 30, 2014.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: During public meetings each year, the
estimated biomass for Pacific mackerel is presented to the Pacific
Fishery Management Council's (Council) CPS Management Team (Team), the
Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific
and Statistical Committee (SSC), where the biomass and the status of
the fisheries are reviewed and discussed. The biomass estimate is then
presented to the Council along with the calculated overfishing limit
(OFL), acceptable biological catch (ABC), annual catch limit (ACL) and
annual catch target (ACT) recommendations and comments from the Team,
Subpanel and SSC. Following review by the Council and after hearing
public comment, the Council adopts a biomass estimate and makes its
catch level recommendations to NMFS.
The final rule will implement the 2013/2014 ACL, ACT and other
annual catch reference points, including OFL and an ABC that takes into
consideration uncertainty surrounding the current estimate of biomass,
for Pacific mackerel in the U.S. EEZ off the Pacific coast. The CPS FMP
and its implementing regulations require NMFS to set these annual catch
levels for the Pacific mackerel fishery based on the annual
specification framework in the FMP. For the 2013/2014 fishing season
the ACL is set equal to the result of the ABC calculation. This formula
is:
ABC = Biomass * Buffer * FMSY * Distribution with the
parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific mackerel for the
2013/2014 management season is 272,932 mt.
2. Buffer. Used to addresses uncertainty in the OFL. For the 2013/
2014 fishing season the buffer value is 0.913496. This is based on the
Council's recommendation of a P* of 0.45 and the SSC recommended sigma
of 0.72. The sigma for this year is double that used for previous years
due to a higher level of uncertainty in the biomass estimate.
3. FMSY. The fishing mortality rate at maximum sustainable yield
(MSY) is set to 0.30.
4. Distribution. The average portion (currently 70%) of the total
Pacific mackerel biomass that is estimated to be in the U.S. EEZ off
the Pacific coast.
At the June 2013 Council meeting, the Council recommended
management measures for the Pacific mackerel fishery. These management
measures and catch specifications are based on the control rules
established in the CPS FMP and a biomass estimate of 272,932 mt (the
result of a full stock assessment that was completed in 2011 and
updated based on a projection estimate for 2013). This biomass estimate
was reviewed and approved by the SSC as the best available science for
use in management.
In this final rule, based on recommendations from the Council's SSC
and other advisory bodies, the Council recommended and NOAA Fisheries
(NMFS) is implementing, an OFL of 57,316 mt, an ABC of 52,358 mt, an
ACL 52,358 and an ACT of 39,268 mt for the 2013/2014 Pacific mackerel
fishing season. The Pacific mackerel fishing season runs from July 1 to
June 30 of the following year.
Amendment 13 (``ACL'' amendment) to the CPS FMP established a
framework
[[Page 6487]]
that sets the ACL equal to the calculated ABC (reduced from OFL for
scientific uncertainty) or the result of the harvest guideline (HG)
equation (maximum quota prior to Amendment 13), whichever value is
less. This is the first time in the two years since implementation of
Amendment 13 that the ACL (maximum directed fishing quota) is based on
the ABC as opposed to the HG; which for 2013 was calculated to be
53,494 mt.
If the ACT is attained, the directed fishery will close, and the
difference between the ACL and ACT (13,089 mt) will be reserved as a
set aside for incidental landings in other CPS fisheries and other
sources of mortality. In that event, incidental harvest measures will
be in place for the remainder of the fishing year, including a 45
percent incidental catch allowance when Pacific mackerel are landed
with other CPS. In other words, no more than 45 percent by weight of
the CPS landed per trip may be Pacific mackerel, except that up to 1 mt
of Pacific mackerel could be landed without landing any other CPS. Upon
the fishery attaining the ACL/ABC (52,358 mt), no vessels in CPS
fisheries may retain Pacific mackerel. The purpose of the incidental
set-aside and allowance of an incidental fishery is to allow for the
restricted incidental landings of Pacific mackerel in other fisheries,
particularly other CPS fisheries, when the directed fishery is closed
to reduce potential discard of Pacific mackerel and allow for continued
prosecution of other important CPS fisheries.
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register announcing the date of any closure to either
directed or incidental fishing. Additionally, to ensure the regulated
community is informed of any closure NMFS will also make announcements
through other means available, including fax, email, and mail to
fishermen, processors, and state fishery management agencies.
On September 18, 2013, a proposed rule was published for this
action and public comments solicited (78 FR 57348). No comments were
received. For further background information on this action please
refer to the preamble of the proposed.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that this final rule is consistent with the CPS FMP, other
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act, and other applicable law.
This final rule is exempt from review under 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 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 29, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-02285 Filed 2-3-14; 8:45 am]
BILLING CODE 3510-22-P
