Fisheries Off West Coast States; List of Authorized Fisheries and Gear, 46214-46217 [2014-18677]
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Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed
determination of attainment for the
Lyons Area for the 2008 Pb NAAQS
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 2014.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2014–18740 Filed 8–6–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 130904784–4633–01]
emcdonald on DSK67QTVN1PROD with PROPOSALS
RIN 0648–BD67
Fisheries Off West Coast States; List
of Authorized Fisheries and Gear
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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16:52 Aug 06, 2014
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Through this action, NOAA
proposes to update the Federal list of
authorized fisheries and gear issued
under section 305(a) of the MagnusonStevens Fishery Conservation and
Management Act (‘‘List of Fisheries’’).
The List of Fisheries includes a
description of fisheries that operate in
the U.S. West Coast Exclusive Economic
Zone (EEZ), the Pacific Fishery
Management Council’s (Council’s)
geographic area of authority. This action
is necessary because the current list is
outdated and either includes several
fisheries that no longer occur, or does
not include fisheries that do occur,
within the U.S. West Coast EEZ. The
intended effect of this rule is to bring
the list up to date with current West
Coast fisheries and fishery management
plans (FMPs).
DATES: Comments on this proposed rule
must be received on or before
September 8, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2014–0069, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140069, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
William W. Stelle, Jr., Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; Attn: Yvonne
deReynier.
Instructions: 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 by NMFS. 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.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. 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, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Yvonne deReynier, 206–526–6129; (fax)
206–526–6736; Yvonne.deReynier@
noaa.gov. Joshua Lindsay, 562–980–
4034; 562–980–4047; Joshua.Lindsay@
noaa.gov.
SUMMARY:
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Section
305(a) of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) requires that the Secretary of
Commerce maintain a list of all fisheries
operating in the U.S. EEZ and all fishing
gear used in such fisheries (16 U.S.C.
1855(a)). This section of the MSA
further prohibits any person or vessel
from employing fishing gear or engaging
in a fishery not included on the List of
Fisheries ‘‘without giving 90 days
advance written notice to the
appropriate Council.’’ Fishery
management councils are authorized to
submit changes to the list to the
Secretary of Commerce as each council
deems appropriate, after which the
Secretary must publish a revised list
after providing notice of the changes to
the public and after providing an
opportunity for public comment on
those changes (16 U.S.C. 1855(a)(4)).
These requirements became part of the
MSA with the enactment of the 1996
Sustainable Fisheries Act and are
implemented in Federal regulation at 50
CFR 600.725(v) and § 600.747. The
regional lists in 50 CFR 600.725(v)
include not just fisheries that are
managed under Federal fishery
management plans (FMPs), but also
state-managed fisheries that may occur
within the Federal waters.
From 2010–2013, the Council and its
advisory bodies worked on a new
Fishery Ecosystem Plan (FEP), which
the Council finalized in April 2013.
During its FEP discussions, the Council
reviewed all of the fisheries occurring
within the West Coast EEZ and
determined that it needed to closely
review and update the List of Fisheries
at 50 CFR 600.725(v), Section VI, which
lists fisheries that occur within the U.S.
West Coast EEZ. The Council has not
updated its section of the list since 1999
(64 FR 40781, July 28, 1999). At its
September 2013 meeting, the Council
finalized recommendations to NMFS for
updating its section of the List of
Fisheries to ensure that it accurately
reflects gear currently used in West
Coast fisheries. On October 1, 2013, the
Council transmitted its recommended
revisions to the List of Fisheries to
NMFS. With this notice, NMFS
proposes to amend Federal regulations
in accordance with the Council’s
recommendations, with no additional
changes or edits.
The changes to the List of Fisheries
proposed via this action primarily
reflect the Council’s 1997 conversion
and expansion of the Northern Anchovy
FMP to a Coastal Pelagic Species FMP
and 2003 adoption of a Highly
Migratory Species FMP, both of which
shifted several species from state to
SUPPLEMENTARY INFORMATION:
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emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules
Federal management. Proposed
revisions to the List of Fisheries would
provide more accurate detail on the
types of gears used in the listed
fisheries, and would remove Pacific
saury (Cololabis saira) from the list of
species expected to be fished in the
West Coast EEZ. There have been no
commercial landings of Pacific saury
since 1980. The proposed revisions to
the List of Fisheries are not expected to
exclude any currently operating
fisheries. NMFS welcomes comments on
the accuracy and currency of list
revisions proposed by this action.
While reviewing and developing
recommendations to revise the List of
Fisheries for the U.S. West Coast EEZ,
the Council necessarily took a close look
at NMFS regulations explaining the
entire MSA process at § 305(a). Of
particular interest to the Council was
the question of restricting new fisheries
that could ‘‘compromise the
effectiveness of conservation and
management efforts under [the MSA]’’
(16 U.S.C. 1855(a)(5)). The Council
expressed interest in continuing to
allow for innovation in the development
of new fisheries within the EEZ, yet also
wanted to ensure that new fisheries
could not compromise the Council’s
ongoing fishery conservation and
management efforts. To balance these
interests, the Council outlined a process
in the FEP Appendix for persons
wishing to develop new fisheries to
follow so that the Council would receive
timely needed scientific information on
those potential fisheries. That process,
in the FEP’s Appendix at Section A.1.1,
recommends that U.S. citizens wishing
to initiate new fisheries not on the List
of Fisheries should approach the
Council with an application for an
Exempted Fishing Permit (EFP) and a
science plan for that EFP, describing the
data to be collected by the EFP fishery
and the likely analyses needed to assess
the potential effects of converting the
fishery to an FMP fishery. This EFP
application process is similar to
processes the Council uses to allow
fisheries participants to explore new
gear types and configurations within
existing fisheries. In assessing whether
a new fishery could compromise
existing Council conservation and
management efforts, the Council intends
to look at the effects of the fishery on:
Any Council-managed species; species
that are the prey of any Councilmanaged species, marine mammal
species, seabird species, sea turtle
species, or other species listed under the
Endangered Species Act (ESA); habitat
identified as essential fish habitat or
otherwise protected under one of the
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Council’s FMPs, critical habitat
identified or protected under the ESA,
or habitat protected by state or tribal
management programs; species subject
to state or tribal management within
0–3 nautical miles offshore of
Washington, Oregon, or California; or,
species that migrate beyond the U.S.
EEZ. The FEP Appendix and its EFP
process provide an expression of the
Council’s intent, but do not compel or
bind the Council or the public beyond
what is already required by the MSA
and federal regulations. Therefore, this
notice does not seek public comment on
the FEP or its Appendix.
Classification
Pursuant to section 304(b)(1)(A) of the
MSA, the NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the four
PFMC FMPs, other provisions of the
MSA, and other applicable law, 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.
The MSA requires the Secretary of
Commerce to maintain a list of all
fisheries under the authority of each
fishery management council and all
fishing gear used in such fisheries (16
U.S.C. 1855(a)). The Magnuson-Stevens
Act also prohibits the use of any gear or
the participation in a fishery not on the
List of Fisheries without advance notice
to the appropriate fishery management
council (see 50 CFR 600.725(v) and
600.747). Section VI of the List of
Fisheries at 50 CFR 600.725(v) lists
fisheries that occur within the U.S. West
Coast EEZ, the Pacific Fishery
Management Council’s (Council’s)
geographic area of authority. The
Council has not updated its section of
the list since 1999 (64 FR 40781, July
28, 1999.)
This proposed rule would implement
the Council’s recommendations that
NMFS update its section of the List of
Fisheries to properly represent current
fisheries and gear authorized for use
within the Council’s geographic area of
authority. The intent of this action is to
update the List of Fisheries, so that the
Council could ensure that it would be
notified if anyone were interested in
pursuing a new fishery for a currently
unexploited species. Under this action,
the list would more narrowly describe
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all existing fisheries; fisheries that no
longer exist will be removed, but every
fisherman fishing today would be
covered by the list. In the future, any
new fishery may commence after the
fisherman gives the Council at least 90
days’ advance notice (unless NMFS
undertakes a regulatory process to
restrict the proposed fishery).
The Small Business Administration
(SBA) has established size standards for
all major industry sectors in the U.S.
including commercial finfish harvesters
(NAICS code 114111), commercial
shellfish harvesters (NAICS code
114112), other commercial marine
harvesters (NAICS code 114119), forhire businesses (NAICS code 487210),
marinas (NAICS code 713930), seafood
dealers/wholesalers (NAICS code
424460), and seafood processors (NAICS
code 311710). A business primarily
involved in finfish harvesting 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 $20.5 million for all its affiliated
operations worldwide. For commercial
shellfish harvesters, the other qualifiers
apply and the receipts threshold is $5.5
million. For other commercial marine
harvesters, for-hire businesses, and
marinas, the other qualifiers apply and
the receipts threshold is $7.5 million. A
business primarily involved in seafood
processing 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
employment not in excess of 500
employees for all its affiliated
operations worldwide. For seafood
dealers/wholesalers, the other qualifiers
apply and the employment threshold is
100 employees.
No business, small or large, would be
affected by this rule. The proposed
action is not expected to have any direct
or indirect socioeconomic impacts
because it would not require fishery
participants or fishing communities to
alter how they operate in the fisheries,
nor would it change who is permitted to
participate in West Coast fisheries, nor
would it alter available harvest levels
for any West Coast species. Because no
business would be affected by this rule,
the issue of disproportionality, under
which we consider whether the
regulation would place a substantial
number of small entities at a significant
competitive disadvantage to larger
entities, does not arise. Because the rule
would not affect the profits, either
positively or negatively, of any entity,
the potential for the regulations to
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Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules
reduce the profits of any small entities
also does not arise.
A small organization is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. No nonprofit
organization, small or large, is
addressed or affected by this proposed
rule. Small governmental jurisdictions
are governments of cities, counties,
towns, townships, villages, school
districts, or special districts, with
populations less than 50,000. This
proposed rule does not address and
would also not affect any small
governmental jurisdictions.
This action is expected to have minor,
if any, effects on regulated entities. All
known fisheries are included on the
updated List of Fisheries and NMFS
does not know of any new fisheries that
are likely to commence in the
foreseeable future. Should a fisherman
wish to start a new fishery in the future,
the minor effects expected from this rule
would be that the fisherman would be
required by the MSA to notify the
Council of his intent to begin fishing.
This action does not contain any
reporting, record keeping, or any other
compliance requirements for either
small or large entities. No duplicative,
overlapping, or conflicting federal rules
have been identified.
Based on the disproportionality and
profitability analysis above, this rule, if
adopted, will not have a significant
economic impact on a substantial
number of these small entities. As a
result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule was developed
after meaningful collaboration, through
the Council process, with the tribal
representative on the Council. NMFS is
not aware of any Treaty Indian tribe or
subsistence fisheries in the EEZ other
than those listed in § 600.725(v). This
action does not supersede or otherwise
affect exemptions that exist for Treaty
Indian fisheries.
*
emcdonald on DSK67QTVN1PROD with PROPOSALS
For the reasons discussed in the
preamble, 50 CFR part 600 is proposed
to be amended as follows:
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
■
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
2. In § 600.725, in paragraph (v),
Section VI of the table is revised to read
as follows:
■
§ 600.725
General prohibitions.
*
*
(v) * * *
*
*
*
VI. Pacific Fishery Management Council
B. Recreational .........................................................................................
3. Coastal Pelagic Species Fisheries (FMP):
A. Commercial ..........................................................................................
B. Recreational .........................................................................................
4. Highly Migratory Species Fisheries (FMP):
A. Commercial ..........................................................................................
B. Recreational .........................................................................................
5. Pacific Halibut Fisheries (Non-FMP):
A. Commercial ..........................................................................................
B. Recreational .........................................................................................
6. Dungeness Crab Fisheries (Non-FMP):
A. Commercial ..........................................................................................
B. Recreational North of 46°15′ N. lat ......................................................
C. Recreational South of 46°15′ N. lat. and North of 42° N. lat ..............
D. Recreational South of 42° N. lat ..........................................................
7. Crab Fisheries for Species other than Dungeness crab (Non-FMP):
A. Commercial Pot/Trap Fisheries South of 46°15′ N. lat .......................
B. Recreational North of 46°15′ N. lat ......................................................
C. Recreational South of 46°15′ N. lat. and North of 42° N. lat ..............
D. Recreational South of 42° N. lat ..........................................................
8. Shrimp and Prawn Fisheries (Non-FMP):
A. Commercial spot prawn .......................................................................
B. Commercial pink shrimp North of 46°15′ N. lat ...................................
C. Commercial pink shrimp South of 46°15′ N. lat ..................................
D. Commercial coonstripe shrimp South of 46°15′ N. lat ........................
E. Commercial ridgeback prawn South of 42° N. lat ...............................
F. Recreational North of 46°15′ N. lat ......................................................
G. Recreational South of 46°15′ N. lat. and North of 42° N. lat ..............
H. Recreational South of 42° N. lat ..........................................................
9. Hagfish Commercial Fisheries (Non-FMP) ..........................................
16:52 Aug 06, 2014
Dated: August 1, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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*
*
Authorized gear types
1. Pacific Coast Salmon Fisheries (FMP):
A. Commercial ..........................................................................................
B. Recreational .........................................................................................
2. Pacific Coast Groundfish Fisheries (FMP):
A. Commercial ..........................................................................................
VerDate Mar<15>2010
Administrative practice and
procedure, Fisheries, Fishing vessels,
Marine resources.
*
Fishery
*
List of Subjects in 50 CFR Part 600
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*
*
A. Hook and line.
B. Hook and line.
A. Trawl, hook and line, pot/trap, demersal seine, set net, spear, and
hand collection.
B. Hook and line, spear.
A. Purse seine, lampara net, brail net, dip net, cast net, hook and line.
B. Hook and line, spear, pot/trap, dip net, cast net, hand harvest, rake,
harpoon, bow and arrow.
A. Hook and line, gillnet, harpoon, purse seine.
B. Hook and line, spear, harpoon, bow and arrow.
A. Hook and line.
B. Hook and line, spear.
A. Pot/trap.
B. Pot/trap, dip net, hand harvest.
C. Pot/trap, hook and line, dip net, hand harvest, rake, crab loop.
D. Pot/trap, hand harvest, hoop net, crab loop.
A. Pot/trap.
B. Pot/trap, dip net, hand harvest.
C. Pot/trap, hook and line, dip net, hand harvest, rake, crab loop.
D. Pot/trap, hand harvest, hoop net, crab loop.
A. Pot/trap.
B. Trawl.
C. Pot/trap, trawl.
D. Pot/trap.
E. Trawl.
F. Pot/trap, dip net, hand harvest.
G. Pot/trap, hook and line, dip net, hand harvest, rake.
H. Pot/trap, hand harvest, dip net.
Pot/trap.
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Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules
Fishery
Authorized gear types
10. Squid, all spp. except market squid or not otherwise prohibited, and
Octopus Fisheries (Non-FMP):
A. Commercial ..........................................................................................
A. Hook and line, pot/trap, dip net, seine, trawl, set net, spear, hand
harvest.
B. Hook and line, cast net, dip net, hand harvest.
C. Hook and line, pot/trap, dip net, hand harvest.
D. Hook and line, dip net, hand harvest.
B. Recreational Squid North of 42° N. lat ................................................
C. Recreational Octopus North of 42° N. lat ............................................
D. Recreational South of 42° N. lat ..........................................................
11. White Sturgeon Fisheries (Non-FMP):
A. Commercial South of 46°15′ N. lat. and North of 42° N. lat ...............
B. Recreational North of 42° N. lat ...........................................................
C. Recreational South of 42° N. lat ..........................................................
12. Sea Cucumber Fishery (Non-FMP):
A. Commercial hand harvest fishery South of 46°15′ N. lat ....................
B. Commercial trawl South of 42° N. lat ..................................................
13. Minor Finfish Commercial Fisheries South of 46°15′ N. lat. and
North of 42° N. lat. for: Salmon shark, Pacific pomfret, slender sole,
wolf-eel, eelpout species, Pacific sandfish, skilfish, and walleye pollock Fisheries (Non-FMP).
14. Weathervane Scallop Commercial Fishery South of 46°15′ N. lat.
and North of 42° N. lat. (Non-FMP).
15. California Halibut, White Seabass Commercial Fisheries South of
42° N. lat. (Non-FMP):
A. California halibut trawl ..........................................................................
B. California halibut and white seabass set net .......................................
C. California halibut hook and line ...........................................................
D. White seabass hook and line ..............................................................
16. California Barracuda, White Seabass, and Yellowtail Drift-Net Commercial Fishery South of 42° N. lat. (Non-FMP).
17. Pacific Bonito Commercial Net Fishery South of 42° N. lat. (NonFMP).
18. Lobster Commercial Pot and Trap Fishery South of 42° N. lat.
(Non-FMP).
19. Finfish and Invertebrate Fisheries Not Listed Above and Not Otherwise Prohibited (Non-FMP):
A. Commercial South of 46°15′ N. lat ......................................................
B. Recreational .........................................................................................
*
*
*
*
*
*
*
*
[FR Doc. 2014–18677 Filed 8–6–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110819516–4534–01]
RIN 0648–BB02
Atlantic Highly Migratory Species;
Smoothhound Shark and Atlantic
Shark Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
emcdonald on DSK67QTVN1PROD with PROPOSALS
AGENCY:
This proposed rule to
implement draft Amendment 9 to the
2006 Consolidated Highly Migratory
Species (HMS) Fishery Management
SUMMARY:
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A. Trawl, pot/trap, hook and line, seine, dip net, spear.
B. Hook and line.
C. Hook and line, spear.
A. Hand harvest.
B. Trawl.
Trawl, pot/trap, hook and line, seine, dipnet, spear.
Trawl.
A. Trawl.
B. Gillnet, trammel net.
C. Hook and line.
D. Hook and line.
Gillnet.
Purse seine.
Pot/trap.
A. Hook and line, pot/trap, spear.
B. Hook and line, spear, pot/trap, dip net, cast net, hand harvest, rake,
harpoon, bow and arrow.
*
*
Plan (FMP) considers management
measures in the smoothhound and shark
fisheries. In addition to the measures in
draft Amendment 9, this rulemaking
would establish an effective date for
previously-adopted shark management
measures finalized in Amendment 3 to
the 2006 Consolidated HMS FMP
(Amendment 3) and the 2011 HMS
Trawl Rule that were delayed, and
proposes to increase the smoothhound
shark annual quota that was finalized in
Amendment 3, using updated landings
data. It also proposes to implement the
smoothhound shark-specific
requirements of the 2012 Shark
Biological Opinion (BiOp), and
considers modifying current regulations
related to the use of Vessel Monitoring
Systems (VMS) by Atlantic shark
fishermen using gillnet gear. For
purposes of this rulemaking, the term
‘‘smoothhound sharks’’ collectively
refers to smooth dogfish (Mustelus
canis), Florida smoothhound (M.
norrisi), Gulf smoothhound (M.
sinusmexicanus), small eye
smoothhound (M. higmani), and any
other Mustelus spp. that might be found
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*
*
in U.S. waters of the Atlantic, Gulf of
Mexico, and Caribbean, collectively.
Finally, this action considers the
implementation of the smooth dogfishspecific provisions in the Shark
Conservation Act of 2010 (the ‘‘SCA’’).
The SCA requires that all sharks landed
from federal waters in the United States
be landed with their fins naturally
attached to the carcass, but includes a
limited exception for smooth dogfish.
Throughout this document, the term
‘‘fins’’ includes both the tail and the fins
of the shark. For the federal Atlantic
shark fisheries, current HMS regulations
require federally-permitted shark
fishermen to land all sharks with fins
naturally attached to the carcass. The
SCA’s fins-attached requirement is
being addressed nationwide through a
separate ongoing rulemaking. Thus,
regarding the SCA, this rulemaking
addresses only the provision that allows
fin removal at sea of Atlantic smooth
dogfish.
Written comments must be
received on or before November 14,
2014. NMFS will announce the dates
DATES:
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]]>Agencies
[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Proposed Rules]
[Pages 46214-46217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18677]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 130904784-4633-01]
RIN 0648-BD67
Fisheries Off West Coast States; List of Authorized Fisheries and
Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: Through this action, NOAA proposes to update the Federal list
of authorized fisheries and gear issued under section 305(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (``List of
Fisheries''). The List of Fisheries includes a description of fisheries
that operate in the U.S. West Coast Exclusive Economic Zone (EEZ), the
Pacific Fishery Management Council's (Council's) geographic area of
authority. This action is necessary because the current list is
outdated and either includes several fisheries that no longer occur, or
does not include fisheries that do occur, within the U.S. West Coast
EEZ. The intended effect of this rule is to bring the list up to date
with current West Coast fisheries and fishery management plans (FMPs).
DATES: Comments on this proposed rule must be received on or before
September 8, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0069, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0069, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to William W. Stelle, Jr.,
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115-0070; Attn: Yvonne deReynier.
Instructions: 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 by NMFS. 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6129; (fax)
206-526-6736; Yvonne.deReynier@noaa.gov. Joshua Lindsay, 562-980-4034;
562-980-4047; Joshua.Lindsay@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 305(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (MSA) requires that the
Secretary of Commerce maintain a list of all fisheries operating in the
U.S. EEZ and all fishing gear used in such fisheries (16 U.S.C.
1855(a)). This section of the MSA further prohibits any person or
vessel from employing fishing gear or engaging in a fishery not
included on the List of Fisheries ``without giving 90 days advance
written notice to the appropriate Council.'' Fishery management
councils are authorized to submit changes to the list to the Secretary
of Commerce as each council deems appropriate, after which the
Secretary must publish a revised list after providing notice of the
changes to the public and after providing an opportunity for public
comment on those changes (16 U.S.C. 1855(a)(4)). These requirements
became part of the MSA with the enactment of the 1996 Sustainable
Fisheries Act and are implemented in Federal regulation at 50 CFR
600.725(v) and Sec. 600.747. The regional lists in 50 CFR 600.725(v)
include not just fisheries that are managed under Federal fishery
management plans (FMPs), but also state-managed fisheries that may
occur within the Federal waters.
From 2010-2013, the Council and its advisory bodies worked on a new
Fishery Ecosystem Plan (FEP), which the Council finalized in April
2013. During its FEP discussions, the Council reviewed all of the
fisheries occurring within the West Coast EEZ and determined that it
needed to closely review and update the List of Fisheries at 50 CFR
600.725(v), Section VI, which lists fisheries that occur within the
U.S. West Coast EEZ. The Council has not updated its section of the
list since 1999 (64 FR 40781, July 28, 1999). At its September 2013
meeting, the Council finalized recommendations to NMFS for updating its
section of the List of Fisheries to ensure that it accurately reflects
gear currently used in West Coast fisheries. On October 1, 2013, the
Council transmitted its recommended revisions to the List of Fisheries
to NMFS. With this notice, NMFS proposes to amend Federal regulations
in accordance with the Council's recommendations, with no additional
changes or edits.
The changes to the List of Fisheries proposed via this action
primarily reflect the Council's 1997 conversion and expansion of the
Northern Anchovy FMP to a Coastal Pelagic Species FMP and 2003 adoption
of a Highly Migratory Species FMP, both of which shifted several
species from state to
[[Page 46215]]
Federal management. Proposed revisions to the List of Fisheries would
provide more accurate detail on the types of gears used in the listed
fisheries, and would remove Pacific saury (Cololabis saira) from the
list of species expected to be fished in the West Coast EEZ. There have
been no commercial landings of Pacific saury since 1980. The proposed
revisions to the List of Fisheries are not expected to exclude any
currently operating fisheries. NMFS welcomes comments on the accuracy
and currency of list revisions proposed by this action.
While reviewing and developing recommendations to revise the List
of Fisheries for the U.S. West Coast EEZ, the Council necessarily took
a close look at NMFS regulations explaining the entire MSA process at
Sec. 305(a). Of particular interest to the Council was the question of
restricting new fisheries that could ``compromise the effectiveness of
conservation and management efforts under [the MSA]'' (16 U.S.C.
1855(a)(5)). The Council expressed interest in continuing to allow for
innovation in the development of new fisheries within the EEZ, yet also
wanted to ensure that new fisheries could not compromise the Council's
ongoing fishery conservation and management efforts. To balance these
interests, the Council outlined a process in the FEP Appendix for
persons wishing to develop new fisheries to follow so that the Council
would receive timely needed scientific information on those potential
fisheries. That process, in the FEP's Appendix at Section A.1.1,
recommends that U.S. citizens wishing to initiate new fisheries not on
the List of Fisheries should approach the Council with an application
for an Exempted Fishing Permit (EFP) and a science plan for that EFP,
describing the data to be collected by the EFP fishery and the likely
analyses needed to assess the potential effects of converting the
fishery to an FMP fishery. This EFP application process is similar to
processes the Council uses to allow fisheries participants to explore
new gear types and configurations within existing fisheries. In
assessing whether a new fishery could compromise existing Council
conservation and management efforts, the Council intends to look at the
effects of the fishery on: Any Council-managed species; species that
are the prey of any Council-managed species, marine mammal species,
seabird species, sea turtle species, or other species listed under the
Endangered Species Act (ESA); habitat identified as essential fish
habitat or otherwise protected under one of the Council's FMPs,
critical habitat identified or protected under the ESA, or habitat
protected by state or tribal management programs; species subject to
state or tribal management within 0-3 nautical miles offshore of
Washington, Oregon, or California; or, species that migrate beyond the
U.S. EEZ. The FEP Appendix and its EFP process provide an expression of
the Council's intent, but do not compel or bind the Council or the
public beyond what is already required by the MSA and federal
regulations. Therefore, this notice does not seek public comment on the
FEP or its Appendix.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the four PFMC FMPs, other provisions of the MSA, and other applicable
law, 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.
The MSA requires the Secretary of Commerce to maintain a list of
all fisheries under the authority of each fishery management council
and all fishing gear used in such fisheries (16 U.S.C. 1855(a)). The
Magnuson-Stevens Act also prohibits the use of any gear or the
participation in a fishery not on the List of Fisheries without advance
notice to the appropriate fishery management council (see 50 CFR
600.725(v) and 600.747). Section VI of the List of Fisheries at 50 CFR
600.725(v) lists fisheries that occur within the U.S. West Coast EEZ,
the Pacific Fishery Management Council's (Council's) geographic area of
authority. The Council has not updated its section of the list since
1999 (64 FR 40781, July 28, 1999.)
This proposed rule would implement the Council's recommendations
that NMFS update its section of the List of Fisheries to properly
represent current fisheries and gear authorized for use within the
Council's geographic area of authority. The intent of this action is to
update the List of Fisheries, so that the Council could ensure that it
would be notified if anyone were interested in pursuing a new fishery
for a currently unexploited species. Under this action, the list would
more narrowly describe all existing fisheries; fisheries that no longer
exist will be removed, but every fisherman fishing today would be
covered by the list. In the future, any new fishery may commence after
the fisherman gives the Council at least 90 days' advance notice
(unless NMFS undertakes a regulatory process to restrict the proposed
fishery).
The Small Business Administration (SBA) has established size
standards for all major industry sectors in the U.S. including
commercial finfish harvesters (NAICS code 114111), commercial shellfish
harvesters (NAICS code 114112), other commercial marine harvesters
(NAICS code 114119), for-hire businesses (NAICS code 487210), marinas
(NAICS code 713930), seafood dealers/wholesalers (NAICS code 424460),
and seafood processors (NAICS code 311710). A business primarily
involved in finfish harvesting 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 $20.5 million for all its affiliated operations
worldwide. For commercial shellfish harvesters, the other qualifiers
apply and the receipts threshold is $5.5 million. For other commercial
marine harvesters, for-hire businesses, and marinas, the other
qualifiers apply and the receipts threshold is $7.5 million. A business
primarily involved in seafood processing 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 employment not in excess of 500 employees for all its affiliated
operations worldwide. For seafood dealers/wholesalers, the other
qualifiers apply and the employment threshold is 100 employees.
No business, small or large, would be affected by this rule. The
proposed action is not expected to have any direct or indirect
socioeconomic impacts because it would not require fishery participants
or fishing communities to alter how they operate in the fisheries, nor
would it change who is permitted to participate in West Coast
fisheries, nor would it alter available harvest levels for any West
Coast species. Because no business would be affected by this rule, the
issue of disproportionality, under which we consider whether the
regulation would place a substantial number of small entities at a
significant competitive disadvantage to larger entities, does not
arise. Because the rule would not affect the profits, either positively
or negatively, of any entity, the potential for the regulations to
[[Page 46216]]
reduce the profits of any small entities also does not arise.
A small organization is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. No
nonprofit organization, small or large, is addressed or affected by
this proposed rule. Small governmental jurisdictions are governments of
cities, counties, towns, townships, villages, school districts, or
special districts, with populations less than 50,000. This proposed
rule does not address and would also not affect any small governmental
jurisdictions.
This action is expected to have minor, if any, effects on regulated
entities. All known fisheries are included on the updated List of
Fisheries and NMFS does not know of any new fisheries that are likely
to commence in the foreseeable future. Should a fisherman wish to start
a new fishery in the future, the minor effects expected from this rule
would be that the fisherman would be required by the MSA to notify the
Council of his intent to begin fishing. This action does not contain
any reporting, record keeping, or any other compliance requirements for
either small or large entities. No duplicative, overlapping, or
conflicting federal rules have been identified.
Based on the disproportionality and profitability analysis above,
this rule, if adopted, will not have a significant economic impact on a
substantial number of these small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule was developed after meaningful collaboration,
through the Council process, with the tribal representative on the
Council. NMFS is not aware of any Treaty Indian tribe or subsistence
fisheries in the EEZ other than those listed in Sec. 600.725(v). This
action does not supersede or otherwise affect exemptions that exist for
Treaty Indian fisheries.
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Fisheries, Fishing vessels,
Marine resources.
Dated: August 1, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons discussed in the preamble, 50 CFR part 600 is
proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725, in paragraph (v), Section VI of the table is
revised to read as follows:
Sec. 600.725 General prohibitions.
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(v) * * *
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Fishery Authorized gear types
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VI. Pacific Fishery Management Council
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1. Pacific Coast Salmon Fisheries
(FMP):
A. Commercial.......................... A. Hook and line.
B. Recreational........................ B. Hook and line.
2. Pacific Coast Groundfish Fisheries
(FMP):
A. Commercial.......................... A. Trawl, hook and line, pot/
trap, demersal seine, set net,
spear, and hand collection.
B. Recreational........................ B. Hook and line, spear.
3. Coastal Pelagic Species Fisheries
(FMP):
A. Commercial.......................... A. Purse seine, lampara net,
brail net, dip net, cast net,
hook and line.
B. Recreational........................ B. Hook and line, spear, pot/
trap, dip net, cast net, hand
harvest, rake, harpoon, bow
and arrow.
4. Highly Migratory Species Fisheries
(FMP):
A. Commercial.......................... A. Hook and line, gillnet,
harpoon, purse seine.
B. Recreational........................ B. Hook and line, spear,
harpoon, bow and arrow.
5. Pacific Halibut Fisheries (Non-FMP):
A. Commercial.......................... A. Hook and line.
B. Recreational........................ B. Hook and line, spear.
6. Dungeness Crab Fisheries (Non-FMP):
A. Commercial.......................... A. Pot/trap.
B. Recreational North of 46[deg]15' N. B. Pot/trap, dip net, hand
lat. harvest.
C. Recreational South of 46[deg]15' N. C. Pot/trap, hook and line, dip
lat. and North of 42[deg] N. lat. net, hand harvest, rake, crab
loop.
D. Recreational South of 42[deg] N. lat D. Pot/trap, hand harvest, hoop
net, crab loop.
7. Crab Fisheries for Species other
than Dungeness crab (Non-FMP):
A. Commercial Pot/Trap Fisheries South A. Pot/trap.
of 46[deg]15' N. lat.
B. Recreational North of 46[deg]15' N. B. Pot/trap, dip net, hand
lat. harvest.
C. Recreational South of 46[deg]15' N. C. Pot/trap, hook and line, dip
lat. and North of 42[deg] N. lat. net, hand harvest, rake, crab
loop.
D. Recreational South of 42[deg] N. lat D. Pot/trap, hand harvest, hoop
net, crab loop.
8. Shrimp and Prawn Fisheries (Non-
FMP):
A. Commercial spot prawn............... A. Pot/trap.
B. Commercial pink shrimp North of B. Trawl.
46[deg]15' N. lat.
C. Commercial pink shrimp South of C. Pot/trap, trawl.
46[deg]15' N. lat.
D. Commercial coonstripe shrimp South D. Pot/trap.
of 46[deg]15' N. lat.
E. Commercial ridgeback prawn South of E. Trawl.
42[deg] N. lat.
F. Recreational North of 46[deg]15' N. F. Pot/trap, dip net, hand
lat. harvest.
G. Recreational South of 46[deg]15' N. G. Pot/trap, hook and line, dip
lat. and North of 42[deg] N. lat. net, hand harvest, rake.
H. Recreational South of 42[deg] N. lat H. Pot/trap, hand harvest, dip
net.
9. Hagfish Commercial Fisheries (Non- Pot/trap.
FMP).
[[Page 46217]]
10. Squid, all spp. except market squid
or not otherwise prohibited, and
Octopus Fisheries (Non-FMP):
A. Commercial.......................... A. Hook and line, pot/trap, dip
net, seine, trawl, set net,
spear, hand harvest.
B. Recreational Squid North of 42[deg] B. Hook and line, cast net, dip
N. lat. net, hand harvest.
C. Recreational Octopus North of C. Hook and line, pot/trap, dip
42[deg] N. lat. net, hand harvest.
D. Recreational South of 42[deg] N. lat D. Hook and line, dip net, hand
harvest.
11. White Sturgeon Fisheries (Non-FMP):
A. Commercial South of 46[deg]15' N. A. Trawl, pot/trap, hook and
lat. and North of 42[deg] N. lat. line, seine, dip net, spear.
B. Recreational North of 42[deg] N. lat B. Hook and line.
C. Recreational South of 42[deg] N. lat C. Hook and line, spear.
12. Sea Cucumber Fishery (Non-FMP):
A. Commercial hand harvest fishery A. Hand harvest.
South of 46[deg]15' N. lat.
B. Commercial trawl South of 42[deg] N. B. Trawl.
lat.
13. Minor Finfish Commercial Fisheries Trawl, pot/trap, hook and line,
South of 46[deg]15' N. lat. and North seine, dipnet, spear.
of 42[deg] N. lat. for: Salmon shark,
Pacific pomfret, slender sole, wolf-
eel, eelpout species, Pacific
sandfish, skilfish, and walleye
pollock Fisheries (Non-FMP).
14. Weathervane Scallop Commercial Trawl.
Fishery South of 46[deg]15' N. lat.
and North of 42[deg] N. lat. (Non-FMP).
15. California Halibut, White Seabass
Commercial Fisheries South of 42[deg]
N. lat. (Non-FMP):
A. California halibut trawl............ A. Trawl.
B. California halibut and white seabass B. Gillnet, trammel net.
set net.
C. California halibut hook and line.... C. Hook and line.
D. White seabass hook and line......... D. Hook and line.
16. California Barracuda, White Gillnet.
Seabass, and Yellowtail Drift-Net
Commercial Fishery South of 42[deg] N.
lat. (Non-FMP).
17. Pacific Bonito Commercial Net Purse seine.
Fishery South of 42[deg] N. lat. (Non-
FMP).
18. Lobster Commercial Pot and Trap Pot/trap.
Fishery South of 42[deg] N. lat. (Non-
FMP).
19. Finfish and Invertebrate Fisheries
Not Listed Above and Not Otherwise
Prohibited (Non-FMP):
A. Commercial South of 46[deg]15' N. A. Hook and line, pot/trap,
lat. spear.
B. Recreational........................ B. Hook and line, spear, pot/
trap, dip net, cast net, hand
harvest, rake, harpoon, bow
and arrow.
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[FR Doc. 2014-18677 Filed 8-6-14; 8:45 am]
BILLING CODE 3510-22-P
