Fisheries off West Coast States; Highly Migratory Species Fishery Management Plan; Revision to Prohibited Species Regulations, 46519-46520 [2015-19157]
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Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 150112035–5658–02]
RIN 0648–BE80
Fisheries off West Coast States; Highly
Migratory Species Fishery
Management Plan; Revision to
Prohibited Species Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is issuing regulations
under the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) to revise the prohibited species
policy for highly migratory species off
the U.S. West Coast. This action is
necessary to accurately reflect the intent
of the Fishery Management Plan for U.S.
West Coast Fisheries for Highly
Migratory Species.
DATES: The final rule is effective August
5, 2015.
ADDRESSES: Copies of the Regulatory
Impact Review (RIR) and other
supporting documents are available via
the Federal eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2015–0006, or contact the
Regional Administrator, William W.
Stelle, Jr., NMFS West Coast Region,
7600 Sand Point Way NE., Bldg 1,
Seattle, WA 98115–0070, or
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec, NMFS, 562–980–4066.
SUPPLEMENTARY INFORMATION:
Lhorne on DSK7TPTVN1PROD with RULES
SUMMARY:
Background
On June 4, 2015, the National Marine
Fisheries Service (NMFS) published a
proposed rule in the Federal Register
(80 FR 31884) to resolve a discrepancy
between the Fishery Management Plan
(FMP) for U.S. West Coast Fisheries for
Highly Migratory Species (HMS) 1 and
the regulations that implemented the
FMP.2 This action was identified at the
Pacific Fishery Management Council
(Council) meeting in November 2014
and was discussed with broad support.
The public comment period was open
until July 19, 2015. No changes to the
proposed rule were made in response to
1 https://www.pcouncil.org/wp-content/uploads/
HMS-FMP-Jul11.pdf.
2 Title 50, part 660, subpart K.
VerDate Sep<11>2014
14:23 Aug 04, 2015
Jkt 235001
comments. This final rule is
implemented under the MagnusonStevens Fishery Conservation and
Management Act (MSA), 16 U.S.C. 1801,
et seq., by regulations at 50 CFR part
660.
This final rule codifies two exceptions
to the general prohibition on retention
of prohibited species from the HMS
FMP that were not included in the
implementing regulations for the FMP.
Species for which retention is, and will
continue to be, prohibited are identified
in the definition section, § 660.702,
under ‘‘Prohibited species.’’ This
revision to the definition of ‘‘prohibited
species’’ makes the language at
§ 660.711(a) redundant and, therefore, it
is deleted. Finally, the language at
§ 660.705(e) clearly states the
prohibition of targeting these species
while fishing for HMS, as well as
explicitly identifies all of the exceptions
to the retention prohibition. These
revisions make the regulations for
prohibited species consistent with the
policy and analysis of the HMS FMP.
The proposed rule contains additional
background information, including
information on the history of the HMS
FMP, the discrepancy between it and
the regulations, and the need to rectify
this discrepancy.
Public Comments and Responses
NMFS received one written public
comment. The commenter expressed
several concerns regarding more than
one aspect of the rule, some being very
similar; therefore, NMFS is responding
to the common themes/topics. The
responses are summarized below.
Specific issues that were beyond the
scope of this rulemaking are not
addressed here.
Issue 1: The current HMS regulations
already convey the prohibited species
policy of the HMS FMP.
Response: Three exceptions to the
prohibited species policy were outlined
in the FMP, but only one is in the
regulations. Since two of the exceptions
are missing, the regulations do not fully
convey the intent of the FMP.
Issue 2: The proposed revisions to the
regulations would delete important
aspects of the policy and do not make
sense within the existing flow and
outline of the subpart.
Response: Although parts of the
regulations (not the policy) are deleted,
they are administrative in nature. The
revisions remove nothing of substance,
but rather reorganize the language for
clarity and add the missing exceptions.
Issue 3: The exceptions proposed for
addition to the regulations have not
been analyzed and are not consistent
with the management plan.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
46519
Response: These exceptions, which
were written in the HMS FMP, were
analyzed in the 2003 Environmental
Impact Statement (EIS) for the FMP. The
EIS found that the prohibited species
policy, including the exceptions, would
ensure that neither the rare sharks nor
the strict management of halibut and
salmon are compromised by HMS
fisheries.
Issue 4: This action makes catching
prohibited species legal.
Response: The edited regulations
continue to generally prohibit the
retention of prohibited species, but add
two limited circumstances in which
they are allowed to be retained, as set
forth in the FMP.
Classification
The Administrator, West Coast
Region, NMFS, determined that this
regulatory amendment under the HMS
FMP is necessary for the conservation
and management of the fishery, and that
it is consistent with the MSA and other
applicable laws.
Administrative Procedure Act (APA)
The Assistant Administrator finds
good cause to waive the 30-day delay in
the effective date of this action under 5
U.S.C. 553(d)(3). This action revises the
definition of prohibited species and
codifies two exceptions to the general
prohibition on retention of prohibited
species. This action would benefit
regulated entities by ensuring clarity in
the definition of prohibited species, and
consistency of the exceptions to the
general prohibition on retention of
prohibited species with the policy
outlined in the HMS FMP, which allows
for the retention of salmon and Pacific
halibut, and basking, megamouth, and
great white sharks under certain limited
conditions.
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act
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 being repeated
here. No comments were received
regarding the certification. As a result,
a final regulatory flexibility analysis is
not required and one was not prepared.
E:\FR\FM\05AUR1.SGM
05AUR1
46520
Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
subpart E of this Title, and other
applicable law.
*
*
*
*
*
Dated: July 30, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 660.711
[Amended]
4. In § 660.711, remove paragraph (a)
and redesignate paragraphs (b) through
(d) as (a) through (c).
■
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
[FR Doc. 2015–19157 Filed 8–4–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
PART 660—FISHERIES OFF WEST
COAST STATES
National Oceanic and Atmospheric
Administration
1. The authority citation for part 660
continues to read as follows:
■
Classification
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.702, revise the definition
for ‘‘Prohibited species’’ to read as
follows:
50 CFR Part 679
[Docket No. 141021887–5172–02]
■
RIN 0648–XE072
§ 660.702
Fisheries of the Exclusive Economic
Zone Off Alaska; Squids in the Bering
Sea and Aleutian Islands Management
Area
Definitions.
*
*
*
*
*
Prohibited species means any highly
migratory species for which quotas or
catch limits under the FMP have been
achieved and the fishery closed; salmon;
great white shark; basking shark;
megamouth shark; and Pacific halibut.
*
*
*
*
*
■ 3. In § 660.705, revise paragraph (e) to
read as follows:
§ 660.705
Prohibitions.
*
*
*
*
(e) When fishing for HMS, fail to
return a prohibited species to the sea
immediately with a minimum of injury,
except under the following
circumstances:
(1) Any prohibited species may be
retained for examination by an
authorized observer or to return tagged
fish as specified by the tagging agency.
(2) Salmon may be retained if
harvested in accordance with subpart H
of this part, and other applicable law.
(3) Great white sharks, basking sharks,
and megamouth sharks may be retained
if incidentally caught and subsequently
sold or donated to a recognized
scientific or educational organization for
research or display purposes.
(4) Pacific halibut may be retained if
harvested in accordance with part 300,
Lhorne on DSK7TPTVN1PROD with RULES
*
VerDate Sep<11>2014
14:23 Aug 04, 2015
Jkt 235001
The 2015 initial total allowable catch
(TAC) for squids in the BSAI is 340
metric tons as established by the final
2015 and 2016 harvest specifications for
groundfish of the BSAI (80 FR 11919,
March 5, 2015).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2015 initial TAC of
squids in the BSAI has been reached.
Therefore, NMFS is requiring that
squids caught in the BSAI be treated as
prohibited species in accordance with
§ 679.21(b).
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of squids in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary because the 2015
initial total allowable catch of squids in
the BSAI has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 30, 2015, through 2400
hrs, A.l.t., December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands management area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
SUMMARY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 9990
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay prohibiting the retention of squids
in the BSAI. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of July 29, 2015.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 30, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–19094 Filed 7–30–15; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\05AUR1.SGM
05AUR1
Agencies
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46519-46520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19157]
[[Page 46519]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 150112035-5658-02]
RIN 0648-BE80
Fisheries off West Coast States; Highly Migratory Species Fishery
Management Plan; Revision to Prohibited Species Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is issuing regulations under the Magnuson-Stevens Fishery
Conservation and Management Act (MSA) to revise the prohibited species
policy for highly migratory species off the U.S. West Coast. This
action is necessary to accurately reflect the intent of the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species.
DATES: The final rule is effective August 5, 2015.
ADDRESSES: Copies of the Regulatory Impact Review (RIR) and other
supporting documents are available via the Federal eRulemaking Portal:
https://www.regulations.gov, docket NOAA-NMFS-2015-0006, or contact the
Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region,
7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or
RegionalAdministrator.WCRHMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS, 562-980-4066.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2015, the National Marine Fisheries Service (NMFS)
published a proposed rule in the Federal Register (80 FR 31884) to
resolve a discrepancy between the Fishery Management Plan (FMP) for
U.S. West Coast Fisheries for Highly Migratory Species (HMS) \1\ and
the regulations that implemented the FMP.\2\ This action was identified
at the Pacific Fishery Management Council (Council) meeting in November
2014 and was discussed with broad support. The public comment period
was open until July 19, 2015. No changes to the proposed rule were made
in response to comments. This final rule is implemented under the
Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16
U.S.C. 1801, et seq., by regulations at 50 CFR part 660.
---------------------------------------------------------------------------
\1\ https://www.pcouncil.org/wp-content/uploads/HMS-FMP-Jul11.pdf.
\2\ Title 50, part 660, subpart K.
---------------------------------------------------------------------------
This final rule codifies two exceptions to the general prohibition
on retention of prohibited species from the HMS FMP that were not
included in the implementing regulations for the FMP. Species for which
retention is, and will continue to be, prohibited are identified in the
definition section, Sec. 660.702, under ``Prohibited species.'' This
revision to the definition of ``prohibited species'' makes the language
at Sec. 660.711(a) redundant and, therefore, it is deleted. Finally,
the language at Sec. 660.705(e) clearly states the prohibition of
targeting these species while fishing for HMS, as well as explicitly
identifies all of the exceptions to the retention prohibition. These
revisions make the regulations for prohibited species consistent with
the policy and analysis of the HMS FMP.
The proposed rule contains additional background information,
including information on the history of the HMS FMP, the discrepancy
between it and the regulations, and the need to rectify this
discrepancy.
Public Comments and Responses
NMFS received one written public comment. The commenter expressed
several concerns regarding more than one aspect of the rule, some being
very similar; therefore, NMFS is responding to the common themes/
topics. The responses are summarized below. Specific issues that were
beyond the scope of this rulemaking are not addressed here.
Issue 1: The current HMS regulations already convey the prohibited
species policy of the HMS FMP.
Response: Three exceptions to the prohibited species policy were
outlined in the FMP, but only one is in the regulations. Since two of
the exceptions are missing, the regulations do not fully convey the
intent of the FMP.
Issue 2: The proposed revisions to the regulations would delete
important aspects of the policy and do not make sense within the
existing flow and outline of the subpart.
Response: Although parts of the regulations (not the policy) are
deleted, they are administrative in nature. The revisions remove
nothing of substance, but rather reorganize the language for clarity
and add the missing exceptions.
Issue 3: The exceptions proposed for addition to the regulations
have not been analyzed and are not consistent with the management plan.
Response: These exceptions, which were written in the HMS FMP, were
analyzed in the 2003 Environmental Impact Statement (EIS) for the FMP.
The EIS found that the prohibited species policy, including the
exceptions, would ensure that neither the rare sharks nor the strict
management of halibut and salmon are compromised by HMS fisheries.
Issue 4: This action makes catching prohibited species legal.
Response: The edited regulations continue to generally prohibit the
retention of prohibited species, but add two limited circumstances in
which they are allowed to be retained, as set forth in the FMP.
Classification
The Administrator, West Coast Region, NMFS, determined that this
regulatory amendment under the HMS FMP is necessary for the
conservation and management of the fishery, and that it is consistent
with the MSA and other applicable laws.
Administrative Procedure Act (APA)
The Assistant Administrator finds good cause to waive the 30-day
delay in the effective date of this action under 5 U.S.C. 553(d)(3).
This action revises the definition of prohibited species and codifies
two exceptions to the general prohibition on retention of prohibited
species. This action would benefit regulated entities by ensuring
clarity in the definition of prohibited species, and consistency of the
exceptions to the general prohibition on retention of prohibited
species with the policy outlined in the HMS FMP, which allows for the
retention of salmon and Pacific halibut, and basking, megamouth, and
great white sharks under certain limited conditions.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act
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 being repeated here. No comments were received
regarding the certification. As a result, a final regulatory
flexibility analysis is not required and one was not prepared.
[[Page 46520]]
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 30, 2015.
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., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.702, revise the definition for ``Prohibited species''
to read as follows:
Sec. 660.702 Definitions.
* * * * *
Prohibited species means any highly migratory species for which
quotas or catch limits under the FMP have been achieved and the fishery
closed; salmon; great white shark; basking shark; megamouth shark; and
Pacific halibut.
* * * * *
0
3. In Sec. 660.705, revise paragraph (e) to read as follows:
Sec. 660.705 Prohibitions.
* * * * *
(e) When fishing for HMS, fail to return a prohibited species to
the sea immediately with a minimum of injury, except under the
following circumstances:
(1) Any prohibited species may be retained for examination by an
authorized observer or to return tagged fish as specified by the
tagging agency.
(2) Salmon may be retained if harvested in accordance with subpart
H of this part, and other applicable law.
(3) Great white sharks, basking sharks, and megamouth sharks may be
retained if incidentally caught and subsequently sold or donated to a
recognized scientific or educational organization for research or
display purposes.
(4) Pacific halibut may be retained if harvested in accordance with
part 300, subpart E of this Title, and other applicable law.
* * * * *
Sec. 660.711 [Amended]
0
4. In Sec. 660.711, remove paragraph (a) and redesignate paragraphs
(b) through (d) as (a) through (c).
[FR Doc. 2015-19157 Filed 8-4-15; 8:45 am]
BILLING CODE 3510-22-P