Fisheries Off West Coast States; Comprehensive Ecosystem-Based Amendment 1; Amendments to the Fishery Management Plans for Coastal Pelagic Species, Pacific Coast Groundfish, U.S. West Coast Highly Migratory Species, and Pacific Coast Salmon, 19054-19058 [2016-07516]
Download as PDF
19054
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
herring daily VMS catch report, as
required by § 648.11(m)(4)(iii) and
§ 648.202(b)(4)(iii).
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§ 648.80
[Amended]
5. In § 648.80, paragraph (d)(7) is
removed.
■ 6. In § 648.200, paragraph (f)(2) is
revised to read as follows:
■
§ 648.200
Specifications.
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(f) * * *
(2) Management Area 2 (South
Coastal Area): All state and Federal
waters inclusive of sounds and bays,
bounded on the east by 70°00′ W. long.
and the outer limit of the U.S. Exclusive
Economic Zone; bounded on the north
and west by the southern coastline of
Cape Cod, Massachusetts, and the
coastlines of Rhode Island, Connecticut,
New York, New Jersey, Delaware,
Maryland, Virginia, and North Carolina;
and bounded on the south by a line
following the lateral seaward boundary
between North Carolina and South
Carolina from the coast to the
Submerged Lands Act line,
approximately 33°48′46.37″ N. lat.,
78°29′46.46″ W. long., and then heading
due east along 33°48′46.37″ N. lat. to the
outer limit of the US Exclusive
Economic Zone.
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■ 7. In § 648.201, paragraphs (e) and (f)
are revised and paragraph (g) is added
to read as follows:
§ 648.201
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§ 648.202
AMs and harvest controls.
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(e) A vessel may transit an area that
has zero percent sub-ACL available for
harvest specified in paragraph (d) of this
section with herring on board, provided
such herring were caught in an area or
areas with sub-ACL available specified
in paragraph (d) of this section, that all
fishing gear is stowed and not available
for immediate use as defined in § 648.2,
and the vessel is issued a permit that
authorizes the amount of herring on
board for the area where the herring was
harvested.
(f) Up to 500 mt of the Area 1A subACL shall be allocated for the fixed gear
fisheries in Area 1A (weirs and stop
seines) that occur west of 67°16.8′ W.
long (Cutler, Maine). This set-aside shall
be available for harvest by fixed gear
within the specified area until
November 1 of each fishing year. Any
portion of this allocation that has not
been utilized by November 1 shall be
restored to the sub-ACL allocation for
Area 1A.
(g) Carryover. Subject to the
conditions described in this paragraph
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(g), unharvested catch in a herring
management area in a fishing year (up
to 10 percent of that area’s sub-ACL)
shall be carried over and added to the
sub-ACL for that herring management
area for the fishing year following the
year when total catch is determined. For
example, NMFS will determine total
catch from Year 1 during Year 2, and
will add carryover to the applicable subACL(s) in Year 3. All such carryover
shall be based on the herring
management area’s initial sub-ACL
allocation for the fishing year, not the
sub-ACL as increased by carryover or
decreased by an overage deduction, as
specified in paragraph (a)(3) of this
section. All herring landed from a
herring management area shall count
against that area’s sub-ACL, as increased
by carryover. For example, if 500 mt of
herring is added as carryover to a 5,000
mt sub-ACL, catch in that management
area would be tracked against a total
sub-ACL of 5,500 mt. NMFS shall add
sub-ACL carryover only if the ACL,
specified consistent with
§ 648.200(b)(3), for the fishing year in
which there is unharvested herring, is
not exceeded. The ACL, consistent with
§ 648.200(b)(3), shall not be increased
by carryover specified in this paragraph
(g).
8. In § 648.202, paragraphs (b)(2)
introductory text, (b)(2)(ii), (b)(4)
introductory text, and (b)(4)(ii) are
revised, and paragraphs (b)(4)(iii) and
(iv) are added to read as follows:
Season and area restrictions.
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(b) * * *
(2) No vessel issued an Atlantic
herring permit and fishing with
midwater trawl gear, when fishing any
part of a midwater trawl tow in the
Closed Areas, may slip or operationally
discard catch, as defined at § 648.2,
except in the following circumstances:
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(ii) A mechanical failure, including
gear damage, precludes bringing some
or all of the catch on board the vessel
for inspection; or,
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(4) If catch is slipped or operational
discarded by a vessel, the vessel
operator must:
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(ii) Complete and sign a Released
Catch Affidavit detailing: The vessel
name and permit number; the VTR
serial number; where, when, and for
what reason the catch was released; the
estimated weight of each species
brought on board or released on that
tow. A completed affidavit must be
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submitted to NMFS within 48 hr of the
end of the trip.
(iii) Report slippage events on the
Atlantic herring daily VMS catch report
and indicate the reason for slipping
catch if the vessel was issued a limited
access herring permit.
(iv) Comply with the measures to
address slippage specified in
§ 648.11(m)(4)(iv) and (v) if the vessel
was issued an All Areas or Areas 2/3
Limited Access Herring Permit.
[FR Doc. 2016–07583 Filed 4–1–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No.: 150629565–6224–02]
RIN 0648–BF15
Fisheries Off West Coast States;
Comprehensive Ecosystem-Based
Amendment 1; Amendments to the
Fishery Management Plans for Coastal
Pelagic Species, Pacific Coast
Groundfish, U.S. West Coast Highly
Migratory Species, and Pacific Coast
Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Comprehensive EcosystemBased Amendment 1 (CEBA 1), which
includes amendments to the Pacific
Fishery Management Council’s
(Council’s) four fishery management
plans (FMPs): the Coastal Pelagic
Species (CPS) FMP, the Pacific Coast
Groundfish FMP, the FMP for U.S. West
Coast Highly Migratory Species (HMS),
and the Pacific Coast Salmon FMP.
CEBA 1 amended the Council’s FMPs to
bring new ecosystem component species
(collectively, ‘‘Shared EC Species’’) into
each of those FMPs, and prohibits
directed commercial fisheries for Shared
EC Species within the U.S. West Coast
Exclusive Economic Zone (EEZ). This
final rule defines and prohibits directed
commercial fishing for Shared EC
Species, and prohibits, with limited
exceptions, at-sea processing of Shared
EC Species.
DATES: Effective May 4, 2016.
ADDRESSES: Electronic copies of CEBA 1
may be obtained from the Council Web
site at https://www.pcouncil.org.
Electronic copies of the environmental
SUMMARY:
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assessment and final regulatory
flexibility analysis for this action may
be obtained from the West Coast
Regional Office Web site at https://
www.westcoast.fisheries.noaa.gov/
fisheries/ecosystem/.
FOR FURTHER INFORMATION CONTACT:
Yvonne deReynier, 206–526–6129,
Yvonne.deReynier@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Background
NMFS published a notice of
availability of CEBA 1 in the Federal
Register (80 FR 76924, December 11,
2015) to notify the public of the
availability of the FMP amendments and
invite comments. NMFS published a
proposed rule to implement CEBA 1 on
January 5, 2016 (81 FR 215). NMFS
accepted public comments on the FMP
amendments and proposed rule through
February 9, 2016.
CEBA 1, through its implementing
FMP amendments and regulations,
prohibits the development of fisheries
for a suite of ecosystem component
species (collectively, ‘‘Shared EC
Species’’) within the U.S. West Coast
EEZ until the Council has had an
adequate opportunity to both assess the
scientific information relating to any
proposed directed fishery and consider
potential impacts to existing fisheries,
fishing communities, and the greater
marine ecosystem. CEBA 1 includes
these FMP amendments: Amendment 15
to the CPS FMP, Amendment 25 to the
Pacific Coast Groundfish FMP,
Amendment 3 to the FMP for U.S. West
Coast HMS, and Amendment 19 to the
Pacific Coast Salmon FMP. CEBA 1 adds
the following species as Shared EC
Species to each of the four West Coast
FMPs: round herring (Etrumeus teres)
and thread herring (Opisthonema
libertate and O. medirastre);
mesopelagic fishes of the families
Myctophidae, Bathylagidae,
Paralepididae, and Gonostomatidae;
Pacific sand lance (Ammodytes
hexapterus); Pacific saury (Cololabis
saira); silversides (family
Atherinopsidae); smelts of the family
Osmeridae; and pelagic squids (families:
Cranchiidae, Gonatidae,
Histioteuthidae, Octopoteuthidae,
Ommastrephidae except Humboldt
squid (Dosidicus gigas,)
Onychoteuthidae, and
Thysanoteuthidae).
This final rule revises 50 CFR 660.1(a)
to clarify that the regulations in Part 660
of Title 50 of the Code of Federal
Regulations are not limited to fishing for
management unit species, but are
applicable generally to vessels fishing
within the U.S. West Coast EEZ. This
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rule also adds new regulations at 50
CFR part 660, subpart B, that: 1) identify
Shared EC Species as including the
unfished forage species listed earlier in
the preamble to this rule; 2) define what
is meant by ‘‘directed commercial
fishing’’ for Shared EC Species within
the U.S. West Coast EEZ; 3) prohibit
directed commercial fishing for Shared
EC Species; and 4) prohibit at-sea
processing of Shared EC Species, except
while otherwise lawfully processing
groundfish in accordance with 50 CFR
part 600, subpart D. This action is
needed to proactively protect
unmanaged, unfished forage fish of the
U.S. West Coast EEZ, in recognition of
the importance of these forage fish to
the species managed under the
Council’s FMPs and to the larger
California Current Ecosystem. Shared
EC Species have not historically been
targeted or processed in EEZ fisheries,
and the limits provided in this final rule
are intended to recognize that low levels
of incidental catch of Shared EC Species
may continue to occur. This action does
not supersede tribal or state fishery
management for these species.
Public Comments and Responses
NMFS received 63 letters and emails
supporting the finalization of CEBA 1
and its implementing regulations during
the public comment period. Within the
letters of support, NMFS received a
letter from the U.S. Department of the
Interior requesting clarification on
whether essential fish habitat (EFH)
would be defined for Shared EC
Species. Several letters from
environmental organizations included
petitions supporting the action, with
signatures or comments from 91,966
people supporting the action. Two of
the letters of support were received from
organizations of fishermen and vessel
owners asking for clarifications of or
revisions to the regulations language. In
addition to the letters and emails
supporting the action, NMFS also
received a letter from an organization of
fishermen and vessel owners
recommending clarifications to the final
rule. NMFS appreciates the broad public
interest in this rulemaking and has
taken the strong public support it
received during the comment period
into account in its approval of this final
rule. Comments requesting clarification
on regulatory issues, or suggesting
revisions to regulatory language
implementing this action are
summarized below, with NMFS’s
responses to those comments.
Comment 1: The Department of the
Interior requests clarification on
whether NMFS will designate EFH for
Shared EC Species.
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19055
Response: NMFS will not designate
EFH for Shared EC Species. Under
Federal regulations at 50 CFR
600.805(b), EFH must be designated for
all species within an FMP’s fishery
management unit. In contrast, federal
regulations at 50 CFR 600.310(d)(5)
characterize ecosystem component
species as species that are: not in the
fishery or fishery management unit, not
the target of Federal fisheries, not
overfished or approaching an overfished
condition, and not generally retained for
sale. Occasional retention of ecosystem
component species does not preclude
their characterization as ecosystem
component species. The species
identified by this action as within the
Shared EC Species group meet the
guidance at 50 CFR 600.310(d)(5) for
classification as ecosystem component
species, rather than as fishery
management species. Therefore, NMFS
does not need to designate EFH for
Shared EC Species.
Comment 2: Some of the letters or
emails supporting this action asked that
NMFS also prohibit fishing for krill,
either off the West Coast or elsewhere in
the U.S., in addition to the prohibitions
on fishing for species classified as
Shared EC Species by this action.
Response: Under Federal regulations
at 50 CFR 660.505(o), fishing for krill
has been prohibited in the EEZ off the
U.S. West Coast since 2009 (74 FR
33372, July 13, 2009). This action does
not address fisheries occurring outside
of the U.S. West Coast EEZ; furthermore
there is no known fishing for krill by
U.S. vessels on the high seas.
Comment 3: An organization
representing fishermen and fishing
vessel owners described upheavals in
West Coast salmon and Dungeness crab
fisheries resulting from recent unusual
environmental conditions. The
organization asked that NMFS or the
Council provide guidance to the fishing
industry on whether there are avenues
for developing future sustainable
fisheries on Shared EC Species, should
the need arise.
Response: The Council explicitly
considered this issue in developing
CEBA 1 and made provisions for
allowing future fishing interests to
experiment with directed fishing for
Shared EC Species, to provide the
Council with scientific information that
would allow it to consider opening a
fishery for these species, considering
potential impacts to existing fisheries,
fishing communities, and the greater
marine ecosystem. Although this action
revises Federal regulations to prohibit
directed fishing for Shared EC Species,
some future Council could recommend
revising those regulations to
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Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
accommodate a sustainable directed
fishery for a species now classified as a
Shared EC Species. NMFS and the
Council have a regular practice for
existing West Coast fisheries of
encouraging innovative gear types or
fishing methods that may not be
allowed in Federal regulations by
considering exempted fishing permits
(EFPs) for the proposed new gear type
or fishing method. To ensure that the
Council receives consistent and
thoughtfully-designed EFP proposals, it
maintains Operating Procedures
outlining its requirements for
considering EFPs for new or
experimental fisheries or gear. As part of
its work on CEBA 1, the Council
adopted its Operating Procedure 24, a
Protocol for Consideration of Exempted
Fishing Permits for Shared Ecosystem
Component Species. Ultimately, to
allow a directed fishery for a species
now classified as a Shared EC Species,
the Council and NMFS would have to
review the potential fishery and species
for inclusion in an FMP as a fishery
management unit species, and would
then have to consider Federal
regulations to implement that fishery.
This process of considering revisions to
fishing regulations by using information
gained in EFP fisheries is common in
the West Coast Federal fisheries
management process. NMFS supports
the Council’s thorough work on the
CEBA 1 package of FMP amendments,
implementing regulations, and
operating procedure for future potential
EFPs. Together, the elements of CEBA 1
reflect an understanding of the current
state of science on West Coast marine
species and of the Federal fisheries laws
and regulations that affect those species,
while also leaving flexibility for future
fishermen and fisheries managers to
work with changes in the ecosystem and
updates in fisheries and ocean science.
Comment 4: An organization
representing companies that own
whiting vessels noted that the Council
described the purpose of CEBA 1 as
prohibiting new directed commercial
fishing in Federal waters on
unmanaged, unfished forage fish species
until the Council has had an adequate
opportunity to both assess the scientific
information relating to any proposed
directed fishery and consider potential
impacts to exiting fisheries, fishing
communities, and the greater marine
ecosystem. The commenter asks why
the proposed rule implementing CEBA
1 appears to prohibit any directed
fisheries for Shared EC species, rather
than prohibiting only new directed
fisheries for Shared EC Species.
Response: There are no existing
directed fisheries for Shared EC Species
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in the U.S. West Coast EEZ; therefore,
any future directed fishing for Shared
EC Species would be new directed
fishing. Adding the word ‘‘new’’ to the
regulation would be confusing and
superfluous.
Comment 5: An organization
representing CPS fishermen and fishing
vessel owners recommended that, in the
preamble to this final rule, NMFS
reiterate the Council’s full purpose and
need statement for CEBA 1. This
organization also expressed concern that
the proposed definition of directed
fishing for Shared EC Species did not
allow for high enough levels of
incidental landings to account for
unique historic events where Shared EC
Species were taken incidentally with
species managed under a Council FMP,
and suggested that only the historically
highest landings of 52 mt per day with
an annual vessel limit of 225 mt per
year would account for unique historic
events. Finally, the organization noted
that climate change could bring shifts in
the composition of species occurring off
the U.S. West Coast and asked that, in
the final rule for this action, NMFS
establish a two-year review period for
this action to assess the impacts of the
action.
Response: As discussed in the
preamble to the proposed rule for this
action, and as quoted by the commenter
who submitted Comment 4, the purpose
of this action, according to the
environmental assessment for the
action, is to ‘‘prohibit new directed
commercial fishing in Federal waters on
unmanaged, unfished forage fish species
until the Council has had an adequate
opportunity to both assess the scientific
information relating to any proposed
directed fishery and consider potential
impacts to existing fisheries, fishing
communities, and the greater marine
ecosystem.’’
In the analysis that NMFS conducted
to review potential limits for allowable
incidental landings levels of Shared EC
Species, NMFS noted that the highest
daily landing level for the 2005–2014
period of groups of species that were
predominantly Shared EC Species, but
which could also have included
Humboldt squid, was 52 mt. NMFS also
noted that a daily incidental landing
level of 10 mt would account for 99
percent of all historic daily landings
levels. For annual total landings of
species groups that were predominantly
Shared EC Species, but which could
also have included Humboldt squid, the
highest historic annual landing level
was 225 mt, while an annual limit of 30
mt would account for 97 percent of all
historic annual landings levels. Between
approximately 2006 and 2010 and
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peaking in 2008, the waters off the U.S.
West Coast were inundated with large
schools of Humboldt squid, which is not
a Shared EC Species. Due to the
somewhat surprising nature of this mass
squid migration and population
explosion, West Coast fisheries data
collection programs were not initially
equipped to separately identify
Humboldt squid from other squid
species on fish landings tickets. For
these regulations, the Council
recommended a Shared EC Species
daily incidental landing limit of 10 mt
and an annual cumulative landing limit
of 30 mt, knowing that historic landings
at those levels could possibly have
included some Humboldt squid, also
known as ‘‘jumbo’’ squid for its large
size. NMFS believes that the limits
recommended by the Council, provided
in the proposed rule for this action, and
finalized with this final rule, strike an
appropriate balance between being high
enough to account for unique historic
incidental catch of Shared EC Species,
without being so high as to allow or
encourage targeting of those species.
The NMFS analysis of historic West
Coast landings of Shared EC Species,
including discussions explaining the
constraints of the fisheries landings
data, is available on the Council’s Web
site for its September 2015 meeting:
https://www.pcouncil.org/wp-content/
uploads/2015/08/D2a_SUP_NMFS_Rpt_
forage_SEPT2015BB.pdf.
The Council can schedule a review of
these regulations and their effects at any
time. Regulations at 50 CFR part 660
govern the actions of fishermen, fishing
vessel owners, and fisheries participants
operating in the U.S. West Coast EEZ.
The scope of this action did not include
the activities of the Council itself, and
therefore this final rule does not include
any provisions governing the actions of
the Council.
Changes From the Proposed Rule
There are no changes to the regulatory
text from the proposed rule, except for
a minor and non-substantive
grammatical correction to 50 CFR
660.1(a), changing the word ‘‘of’’ to
‘‘by,’’ when referring to fishing activity
by vessels of the United States.
Classification
The Administrator, West Coast
Region, NMFS, determined that the
FMP amendments implementing CEBA
1 are necessary for conservation and
management of West Coast fisheries,
and that they are consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
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19057
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
A final regulatory flexibility analysis
(FRFA) was prepared pursuant to 5
U.S.C. 604(a), and incorporates the
Initial Regulatory Flexibility Analysis
(IRFA), and NMFS’s responses to
comments received on the IRFA, if any.
NMFS did not receive any comments
from the public on the IRFA for this
action. The preamble to the proposed
rule for this action included a detailed
summary of the analyses contained in
IRFA, and that discussion is not
repeated here.
found above in the ‘‘Comments and
Responses’’ section of this rule’s
preamble.
List of Subjects in 50 CFR Part 660
Response of the Agency to any
Comments Filed by the Chief Counsel
for Advocacy of the Small Business
Administration in Response to the
Proposed Rule
Dated: March 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
The Small Business Administration
did not provide any comments on the
proposed rule for this action.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
Description and Estimate of Number of
Small Entities To Which the Rule Will
Apply
PART 660—FISHERIES OFF WEST
COAST STATES
Final Regulatory Flexibility Analysis
This rule will have no direct impact
on any small entities.
A Statement of the Need for, and
Objectives of, the Rule
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This rule prohibits new directed
commercial fishing in Federal waters on
unmanaged, unfished forage fish species
until the Council has had an adequate
opportunity to both assess the scientific
information relating to any proposed
directed fishery and consider potential
impacts to existing fisheries, fishing
communities, and the greater marine
ecosystem. This action is needed to
proactively protect unmanaged,
unfished forage fish of the U.S. West
Coast EEZ in recognition of the
importance of these forage fish to the
species managed under the Council’s
FMPs and to the larger CCE. This action
is not intended to supersede tribal or
state fishery management for these
species, and coordination would still
occur through the existing Council
process. CEBA 1 brings new ecosystem
component species into each of the
Council’s four FMPs through
amendments to those FMPs, and
protects those species by prohibiting the
future development of new directed
commercial fisheries for Shared EC
Species within the U.S. West Coast EEZ.
No existing fisheries will be eliminated
by this action. Under this rulemaking,
existing levels of incidental catch of
Shared EC Species in current fisheries
will be allowed to continue into the
future.
A Summary of Significant Issues Raised
by the Public in Response to the
Summary of the Agency’s Assessment of
Such Issues, and a Statement of Any
Changes Made in the Final Rule as a
Result
No public comments were received by
NMFS in response to the IRFA or the
economic analyses summarized in the
IRFA, and no changes were required to
be made as a result of the public
comments. A summary of the comments
received, and our responses, can be
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A Description of the Projected
Reporting, Recordkeeping and Other
Compliance Requirements of the Rule
This action does not contain any
Federal reporting, record keeping, or
any other compliance requirements for
either small or large entities.
A Description of the Steps the Agency
Has Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
Alternative 2, the selected alternative
for this rule, accomplishes the stated
objectives of applicable statutes without
any significant economic impact on
small entities. Alternative 1, the noaction alternative, also would not have
had any direct economic impact on
small entities, but did not accomplish
the state objectives of applicable
statutes. Alternative 3 was expected to
have moderate, indirect and negative
effects on coastal pelagic species,
shrimp, bottom trawl, and whiting
fisheries and fishery management
practices and was thus rejected in favor
of the selected alternative in order to
minimize economic impact on small
entities consistent with the stated
objectives of applicable statutes. A copy
of this analysis is available from NMFS
(see ADDRESSES). Copies of the Small
Entity Compliance Guide prepared for
this final rule are available on the West
Coast Region’s Web site at https://
www.westcoast.fisheries.noaa.gov/.
This final 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 50 CFR 600.725(v).
This action does not supersede or
otherwise affect exemptions that exist
for Treaty Indian fisheries.
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Administrative practice and
procedure, Fisheries, Fishing.
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.
2. In § 660.1 revise paragraph (a) to
read as follows:
■
§ 660.1
Purpose and scope.
(a) The regulations in this part govern
fishing activity by vessels of the United
States that fish or support fishing inside
the outer boundary of the EEZ off the
states of Washington, Oregon, and
California.
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■ 3. Add subpart B to read as follows:
Subpart B—All West Coast EEZ
Fisheries
Sec.
660.5 Shared Ecosystem Component
Species.
660.6 Prohibitions.
§ 660.5 Shared Ecosystem Component
Species.
(a) General. The FMPs implemented
in this part 660 each contain ecosystem
component species specific to each
FMP, as well as a group of ecosystem
component species shared between all
of the FMPs. Ecosystem component
species shared between all of the Pacific
Fishery Management Council’s FMPs,
and known collectively as ‘‘Shared EC
Species,’’ are:
(1) Round herring (Etrumeus teres)
and thread herring (Ophisthonema
libertate and O. medirastre).
(2) Mesopelagic fishes of the families
Myctophidae, Bathylagidae,
Paralepididae, and Gonostomatidae.
(3) Pacific sand lance (Ammodytes
hexapterus).
(4) Pacific saury (Cololabis saira).
(5) Silversides (family
Atherinopsidae).
(6) Smelts of the family Osmeridae.
(7) Pelagic squids (families:
Cranchiidae, Gonatidae,
Histioteuthidae, Octopoteuthidae,
Ommastrephidae except Humboldt
E:\FR\FM\04APR1.SGM
04APR1
19058
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
squid [Dosidicus gigas,]
Onychoteuthidae, and
Thysanoteuthidae).
(b) Directed commercial fishing for
Shared EC Species. For the purposes of
this section, ‘‘directed commercial
fishing’’ means that a fishing vessel
lands Shared EC Species without
landing any species other than Shared
EC Species, or lands Shared EC Species
with other species and in amounts more
than:
(1) 10 mt combined weight of all
Shared EC Species from any fishing trip;
or
(2) 30 mt combined weight of all
Shared EC Species in any calendar year.
§ 660.6
Prohibitions.
In addition to the general prohibitions
specified in § 600.725 of this chapter,
and the other prohibitions specified in
this part, it is unlawful for any person
to:
(a) Directed commercial fishing.
Engage in directed commercial fishing
for Shared EC Species from a vessel
engaged in commercial fishing within
the EEZ off Washington, Oregon, or
California. This prohibition does not
apply to:
(1) Fishing authorized by the Hoh,
Makah, or Quileute Indian Tribes, or by
the Quinault Indian Nation, or
(2) Fishing trips conducted entirely
within state marine waters.
(b) At-sea processing. At-sea
processing of Shared EC Species is
prohibited within the EEZ, except while
processing groundfish in accordance
with subpart D of this part.
4. In § 660.112, add paragraphs (d)(16)
and (e)(10) to read as follows:
■
§ 660.112
Trawl fishery—prohibitions.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(d) * * *
(16) Retain and process more than 1
mt of Shared EC Species other than
squid species in any calendar year; or,
retain and process more than 40 mt of
any Shared EC squid species in any
calendar year.
(e) * * *
(10) Retain and process more than 1
mt of Shared EC Species other than
squid species in any calendar year; or,
retain and process more than 40 mt of
any Shared EC squid species in any
calendar year.
[FR Doc. 2016–07516 Filed 4–1–16; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
17:02 Apr 01, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
A’’ in the required fields if you wish to
remain anonymous).
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
50 CFR Part 679
SUPPLEMENTARY INFORMATION:
[Docket No. 150916863–6211–02]
RIN 0648–XE551
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in
the Bering Sea and Aleutian Islands
Management Area.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
AGENCY:
NMFS is opening directed
fishing for northern rockfish in the
Bering Sea and Aleutian Islands
Management Area (BSAI). This action is
necessary to fully use the 2016 total
allowable catch (TAC) of northern
rockfish in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 30, 2016, through
2400 hrs, A.l.t., December 31, 2016.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 19, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2015–0118, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to:
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150118, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
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),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI 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.
Pursuant to the final 2016 and 2017
harvest specifications for groundfish in
the BSAI (81 FR 14773, March 18,
2016), NMFS closed the directed fishery
for northern rockfish under
§ 679.20(d)(1)(iii).
As of March 28, 2016, NMFS has
determined that approximately 3,200
metric tons of northern rockfish initial
TAC remains unharvested in the BSAI.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the
2016 TAC of northern rockfish in the
BSAI, NMFS is terminating the previous
closure and is opening directed fishing
for northern rockfish in the BSAI. This
will enhance the socioeconomic wellbeing of harvesters in this area. The
Administrator, Alaska Region (Regional
Administrator) considered the following
factors in reaching this decision: (1) The
current catch of northern rockfish in the
BSAI and, (2) the harvest capacity and
stated intent on future harvesting
patterns of vessels in participating in
this fishery.
Classification
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) and § 679.25(c)(1)(ii) 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 the
opening of northern rockfish in the
BSAI. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19054-19058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07516]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No.: 150629565-6224-02]
RIN 0648-BF15
Fisheries Off West Coast States; Comprehensive Ecosystem-Based
Amendment 1; Amendments to the Fishery Management Plans for Coastal
Pelagic Species, Pacific Coast Groundfish, U.S. West Coast Highly
Migratory Species, and Pacific Coast Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Comprehensive Ecosystem-
Based Amendment 1 (CEBA 1), which includes amendments to the Pacific
Fishery Management Council's (Council's) four fishery management plans
(FMPs): the Coastal Pelagic Species (CPS) FMP, the Pacific Coast
Groundfish FMP, the FMP for U.S. West Coast Highly Migratory Species
(HMS), and the Pacific Coast Salmon FMP. CEBA 1 amended the Council's
FMPs to bring new ecosystem component species (collectively, ``Shared
EC Species'') into each of those FMPs, and prohibits directed
commercial fisheries for Shared EC Species within the U.S. West Coast
Exclusive Economic Zone (EEZ). This final rule defines and prohibits
directed commercial fishing for Shared EC Species, and prohibits, with
limited exceptions, at-sea processing of Shared EC Species.
DATES: Effective May 4, 2016.
ADDRESSES: Electronic copies of CEBA 1 may be obtained from the Council
Web site at https://www.pcouncil.org. Electronic copies of the
environmental
[[Page 19055]]
assessment and final regulatory flexibility analysis for this action
may be obtained from the West Coast Regional Office Web site at https://www.westcoast.fisheries.noaa.gov/fisheries/ecosystem/.
FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6129,
Yvonne.deReynier@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS published a notice of availability of CEBA 1 in the Federal
Register (80 FR 76924, December 11, 2015) to notify the public of the
availability of the FMP amendments and invite comments. NMFS published
a proposed rule to implement CEBA 1 on January 5, 2016 (81 FR 215).
NMFS accepted public comments on the FMP amendments and proposed rule
through February 9, 2016.
CEBA 1, through its implementing FMP amendments and regulations,
prohibits the development of fisheries for a suite of ecosystem
component species (collectively, ``Shared EC Species'') within the U.S.
West Coast EEZ until the Council has had an adequate opportunity to
both assess the scientific information relating to any proposed
directed fishery and consider potential impacts to existing fisheries,
fishing communities, and the greater marine ecosystem. CEBA 1 includes
these FMP amendments: Amendment 15 to the CPS FMP, Amendment 25 to the
Pacific Coast Groundfish FMP, Amendment 3 to the FMP for U.S. West
Coast HMS, and Amendment 19 to the Pacific Coast Salmon FMP. CEBA 1
adds the following species as Shared EC Species to each of the four
West Coast FMPs: round herring (Etrumeus teres) and thread herring
(Opisthonema libertate and O. medirastre); mesopelagic fishes of the
families Myctophidae, Bathylagidae, Paralepididae, and Gonostomatidae;
Pacific sand lance (Ammodytes hexapterus); Pacific saury (Cololabis
saira); silversides (family Atherinopsidae); smelts of the family
Osmeridae; and pelagic squids (families: Cranchiidae, Gonatidae,
Histioteuthidae, Octopoteuthidae, Ommastrephidae except Humboldt squid
(Dosidicus gigas,) Onychoteuthidae, and Thysanoteuthidae).
This final rule revises 50 CFR 660.1(a) to clarify that the
regulations in Part 660 of Title 50 of the Code of Federal Regulations
are not limited to fishing for management unit species, but are
applicable generally to vessels fishing within the U.S. West Coast EEZ.
This rule also adds new regulations at 50 CFR part 660, subpart B,
that: 1) identify Shared EC Species as including the unfished forage
species listed earlier in the preamble to this rule; 2) define what is
meant by ``directed commercial fishing'' for Shared EC Species within
the U.S. West Coast EEZ; 3) prohibit directed commercial fishing for
Shared EC Species; and 4) prohibit at-sea processing of Shared EC
Species, except while otherwise lawfully processing groundfish in
accordance with 50 CFR part 600, subpart D. This action is needed to
proactively protect unmanaged, unfished forage fish of the U.S. West
Coast EEZ, in recognition of the importance of these forage fish to the
species managed under the Council's FMPs and to the larger California
Current Ecosystem. Shared EC Species have not historically been
targeted or processed in EEZ fisheries, and the limits provided in this
final rule are intended to recognize that low levels of incidental
catch of Shared EC Species may continue to occur. This action does not
supersede tribal or state fishery management for these species.
Public Comments and Responses
NMFS received 63 letters and emails supporting the finalization of
CEBA 1 and its implementing regulations during the public comment
period. Within the letters of support, NMFS received a letter from the
U.S. Department of the Interior requesting clarification on whether
essential fish habitat (EFH) would be defined for Shared EC Species.
Several letters from environmental organizations included petitions
supporting the action, with signatures or comments from 91,966 people
supporting the action. Two of the letters of support were received from
organizations of fishermen and vessel owners asking for clarifications
of or revisions to the regulations language. In addition to the letters
and emails supporting the action, NMFS also received a letter from an
organization of fishermen and vessel owners recommending clarifications
to the final rule. NMFS appreciates the broad public interest in this
rulemaking and has taken the strong public support it received during
the comment period into account in its approval of this final rule.
Comments requesting clarification on regulatory issues, or suggesting
revisions to regulatory language implementing this action are
summarized below, with NMFS's responses to those comments.
Comment 1: The Department of the Interior requests clarification on
whether NMFS will designate EFH for Shared EC Species.
Response: NMFS will not designate EFH for Shared EC Species. Under
Federal regulations at 50 CFR 600.805(b), EFH must be designated for
all species within an FMP's fishery management unit. In contrast,
federal regulations at 50 CFR 600.310(d)(5) characterize ecosystem
component species as species that are: not in the fishery or fishery
management unit, not the target of Federal fisheries, not overfished or
approaching an overfished condition, and not generally retained for
sale. Occasional retention of ecosystem component species does not
preclude their characterization as ecosystem component species. The
species identified by this action as within the Shared EC Species group
meet the guidance at 50 CFR 600.310(d)(5) for classification as
ecosystem component species, rather than as fishery management species.
Therefore, NMFS does not need to designate EFH for Shared EC Species.
Comment 2: Some of the letters or emails supporting this action
asked that NMFS also prohibit fishing for krill, either off the West
Coast or elsewhere in the U.S., in addition to the prohibitions on
fishing for species classified as Shared EC Species by this action.
Response: Under Federal regulations at 50 CFR 660.505(o), fishing
for krill has been prohibited in the EEZ off the U.S. West Coast since
2009 (74 FR 33372, July 13, 2009). This action does not address
fisheries occurring outside of the U.S. West Coast EEZ; furthermore
there is no known fishing for krill by U.S. vessels on the high seas.
Comment 3: An organization representing fishermen and fishing
vessel owners described upheavals in West Coast salmon and Dungeness
crab fisheries resulting from recent unusual environmental conditions.
The organization asked that NMFS or the Council provide guidance to the
fishing industry on whether there are avenues for developing future
sustainable fisheries on Shared EC Species, should the need arise.
Response: The Council explicitly considered this issue in
developing CEBA 1 and made provisions for allowing future fishing
interests to experiment with directed fishing for Shared EC Species, to
provide the Council with scientific information that would allow it to
consider opening a fishery for these species, considering potential
impacts to existing fisheries, fishing communities, and the greater
marine ecosystem. Although this action revises Federal regulations to
prohibit directed fishing for Shared EC Species, some future Council
could recommend revising those regulations to
[[Page 19056]]
accommodate a sustainable directed fishery for a species now classified
as a Shared EC Species. NMFS and the Council have a regular practice
for existing West Coast fisheries of encouraging innovative gear types
or fishing methods that may not be allowed in Federal regulations by
considering exempted fishing permits (EFPs) for the proposed new gear
type or fishing method. To ensure that the Council receives consistent
and thoughtfully-designed EFP proposals, it maintains Operating
Procedures outlining its requirements for considering EFPs for new or
experimental fisheries or gear. As part of its work on CEBA 1, the
Council adopted its Operating Procedure 24, a Protocol for
Consideration of Exempted Fishing Permits for Shared Ecosystem
Component Species. Ultimately, to allow a directed fishery for a
species now classified as a Shared EC Species, the Council and NMFS
would have to review the potential fishery and species for inclusion in
an FMP as a fishery management unit species, and would then have to
consider Federal regulations to implement that fishery. This process of
considering revisions to fishing regulations by using information
gained in EFP fisheries is common in the West Coast Federal fisheries
management process. NMFS supports the Council's thorough work on the
CEBA 1 package of FMP amendments, implementing regulations, and
operating procedure for future potential EFPs. Together, the elements
of CEBA 1 reflect an understanding of the current state of science on
West Coast marine species and of the Federal fisheries laws and
regulations that affect those species, while also leaving flexibility
for future fishermen and fisheries managers to work with changes in the
ecosystem and updates in fisheries and ocean science.
Comment 4: An organization representing companies that own whiting
vessels noted that the Council described the purpose of CEBA 1 as
prohibiting new directed commercial fishing in Federal waters on
unmanaged, unfished forage fish species until the Council has had an
adequate opportunity to both assess the scientific information relating
to any proposed directed fishery and consider potential impacts to
exiting fisheries, fishing communities, and the greater marine
ecosystem. The commenter asks why the proposed rule implementing CEBA 1
appears to prohibit any directed fisheries for Shared EC species,
rather than prohibiting only new directed fisheries for Shared EC
Species.
Response: There are no existing directed fisheries for Shared EC
Species in the U.S. West Coast EEZ; therefore, any future directed
fishing for Shared EC Species would be new directed fishing. Adding the
word ``new'' to the regulation would be confusing and superfluous.
Comment 5: An organization representing CPS fishermen and fishing
vessel owners recommended that, in the preamble to this final rule,
NMFS reiterate the Council's full purpose and need statement for CEBA
1. This organization also expressed concern that the proposed
definition of directed fishing for Shared EC Species did not allow for
high enough levels of incidental landings to account for unique
historic events where Shared EC Species were taken incidentally with
species managed under a Council FMP, and suggested that only the
historically highest landings of 52 mt per day with an annual vessel
limit of 225 mt per year would account for unique historic events.
Finally, the organization noted that climate change could bring shifts
in the composition of species occurring off the U.S. West Coast and
asked that, in the final rule for this action, NMFS establish a two-
year review period for this action to assess the impacts of the action.
Response: As discussed in the preamble to the proposed rule for
this action, and as quoted by the commenter who submitted Comment 4,
the purpose of this action, according to the environmental assessment
for the action, is to ``prohibit new directed commercial fishing in
Federal waters on unmanaged, unfished forage fish species until the
Council has had an adequate opportunity to both assess the scientific
information relating to any proposed directed fishery and consider
potential impacts to existing fisheries, fishing communities, and the
greater marine ecosystem.''
In the analysis that NMFS conducted to review potential limits for
allowable incidental landings levels of Shared EC Species, NMFS noted
that the highest daily landing level for the 2005-2014 period of groups
of species that were predominantly Shared EC Species, but which could
also have included Humboldt squid, was 52 mt. NMFS also noted that a
daily incidental landing level of 10 mt would account for 99 percent of
all historic daily landings levels. For annual total landings of
species groups that were predominantly Shared EC Species, but which
could also have included Humboldt squid, the highest historic annual
landing level was 225 mt, while an annual limit of 30 mt would account
for 97 percent of all historic annual landings levels. Between
approximately 2006 and 2010 and peaking in 2008, the waters off the
U.S. West Coast were inundated with large schools of Humboldt squid,
which is not a Shared EC Species. Due to the somewhat surprising nature
of this mass squid migration and population explosion, West Coast
fisheries data collection programs were not initially equipped to
separately identify Humboldt squid from other squid species on fish
landings tickets. For these regulations, the Council recommended a
Shared EC Species daily incidental landing limit of 10 mt and an annual
cumulative landing limit of 30 mt, knowing that historic landings at
those levels could possibly have included some Humboldt squid, also
known as ``jumbo'' squid for its large size. NMFS believes that the
limits recommended by the Council, provided in the proposed rule for
this action, and finalized with this final rule, strike an appropriate
balance between being high enough to account for unique historic
incidental catch of Shared EC Species, without being so high as to
allow or encourage targeting of those species. The NMFS analysis of
historic West Coast landings of Shared EC Species, including
discussions explaining the constraints of the fisheries landings data,
is available on the Council's Web site for its September 2015 meeting:
https://www.pcouncil.org/wp-content/uploads/2015/08/D2a_SUP_NMFS_Rpt_forage_SEPT2015BB.pdf.
The Council can schedule a review of these regulations and their
effects at any time. Regulations at 50 CFR part 660 govern the actions
of fishermen, fishing vessel owners, and fisheries participants
operating in the U.S. West Coast EEZ. The scope of this action did not
include the activities of the Council itself, and therefore this final
rule does not include any provisions governing the actions of the
Council.
Changes From the Proposed Rule
There are no changes to the regulatory text from the proposed rule,
except for a minor and non-substantive grammatical correction to 50 CFR
660.1(a), changing the word ``of'' to ``by,'' when referring to fishing
activity by vessels of the United States.
Classification
The Administrator, West Coast Region, NMFS, determined that the FMP
amendments implementing CEBA 1 are necessary for conservation and
management of West Coast fisheries, and that they are consistent with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
[[Page 19057]]
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared
pursuant to 5 U.S.C. 604(a), and incorporates the Initial Regulatory
Flexibility Analysis (IRFA), and NMFS's responses to comments received
on the IRFA, if any. NMFS did not receive any comments from the public
on the IRFA for this action. The preamble to the proposed rule for this
action included a detailed summary of the analyses contained in IRFA,
and that discussion is not repeated here.
Final Regulatory Flexibility Analysis
A Statement of the Need for, and Objectives of, the Rule
This rule prohibits new directed commercial fishing in Federal
waters on unmanaged, unfished forage fish species until the Council has
had an adequate opportunity to both assess the scientific information
relating to any proposed directed fishery and consider potential
impacts to existing fisheries, fishing communities, and the greater
marine ecosystem. This action is needed to proactively protect
unmanaged, unfished forage fish of the U.S. West Coast EEZ in
recognition of the importance of these forage fish to the species
managed under the Council's FMPs and to the larger CCE. This action is
not intended to supersede tribal or state fishery management for these
species, and coordination would still occur through the existing
Council process. CEBA 1 brings new ecosystem component species into
each of the Council's four FMPs through amendments to those FMPs, and
protects those species by prohibiting the future development of new
directed commercial fisheries for Shared EC Species within the U.S.
West Coast EEZ. No existing fisheries will be eliminated by this
action. Under this rulemaking, existing levels of incidental catch of
Shared EC Species in current fisheries will be allowed to continue into
the future.
A Summary of Significant Issues Raised by the Public in Response to the
Summary of the Agency's Assessment of Such Issues, and a Statement of
Any Changes Made in the Final Rule as a Result
No public comments were received by NMFS in response to the IRFA or
the economic analyses summarized in the IRFA, and no changes were
required to be made as a result of the public comments. A summary of
the comments received, and our responses, can be found above in the
``Comments and Responses'' section of this rule's preamble.
Response of the Agency to any Comments Filed by the Chief Counsel for
Advocacy of the Small Business Administration in Response to the
Proposed Rule
The Small Business Administration did not provide any comments on
the proposed rule for this action.
Description and Estimate of Number of Small Entities To Which the Rule
Will Apply
This rule will have no direct impact on any small entities.
A Description of the Projected Reporting, Recordkeeping and Other
Compliance Requirements of the Rule
This action does not contain any Federal reporting, record keeping,
or any other compliance requirements for either small or large
entities.
A Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
Alternative 2, the selected alternative for this rule, accomplishes
the stated objectives of applicable statutes without any significant
economic impact on small entities. Alternative 1, the no-action
alternative, also would not have had any direct economic impact on
small entities, but did not accomplish the state objectives of
applicable statutes. Alternative 3 was expected to have moderate,
indirect and negative effects on coastal pelagic species, shrimp,
bottom trawl, and whiting fisheries and fishery management practices
and was thus rejected in favor of the selected alternative in order to
minimize economic impact on small entities consistent with the stated
objectives of applicable statutes. A copy of this analysis is available
from NMFS (see ADDRESSES). Copies of the Small Entity Compliance Guide
prepared for this final rule are available on the West Coast Region's
Web site at https://www.westcoast.fisheries.noaa.gov/.
This final 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 50 CFR 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 660
Administrative practice and procedure, Fisheries, Fishing.
Dated: March 29, 2016.
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. 660.1 revise paragraph (a) to read as follows:
Sec. 660.1 Purpose and scope.
(a) The regulations in this part govern fishing activity by vessels
of the United States that fish or support fishing inside the outer
boundary of the EEZ off the states of Washington, Oregon, and
California.
* * * * *
0
3. Add subpart B to read as follows:
Subpart B--All West Coast EEZ Fisheries
Sec.
660.5 Shared Ecosystem Component Species.
660.6 Prohibitions.
Sec. 660.5 Shared Ecosystem Component Species.
(a) General. The FMPs implemented in this part 660 each contain
ecosystem component species specific to each FMP, as well as a group of
ecosystem component species shared between all of the FMPs. Ecosystem
component species shared between all of the Pacific Fishery Management
Council's FMPs, and known collectively as ``Shared EC Species,'' are:
(1) Round herring (Etrumeus teres) and thread herring (Ophisthonema
libertate and O. medirastre).
(2) Mesopelagic fishes of the families Myctophidae, Bathylagidae,
Paralepididae, and Gonostomatidae.
(3) Pacific sand lance (Ammodytes hexapterus).
(4) Pacific saury (Cololabis saira).
(5) Silversides (family Atherinopsidae).
(6) Smelts of the family Osmeridae.
(7) Pelagic squids (families: Cranchiidae, Gonatidae,
Histioteuthidae, Octopoteuthidae, Ommastrephidae except Humboldt
[[Page 19058]]
squid [Dosidicus gigas,] Onychoteuthidae, and Thysanoteuthidae).
(b) Directed commercial fishing for Shared EC Species. For the
purposes of this section, ``directed commercial fishing'' means that a
fishing vessel lands Shared EC Species without landing any species
other than Shared EC Species, or lands Shared EC Species with other
species and in amounts more than:
(1) 10 mt combined weight of all Shared EC Species from any fishing
trip; or
(2) 30 mt combined weight of all Shared EC Species in any calendar
year.
Sec. 660.6 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, and the other prohibitions specified in this part, it
is unlawful for any person to:
(a) Directed commercial fishing. Engage in directed commercial
fishing for Shared EC Species from a vessel engaged in commercial
fishing within the EEZ off Washington, Oregon, or California. This
prohibition does not apply to:
(1) Fishing authorized by the Hoh, Makah, or Quileute Indian
Tribes, or by the Quinault Indian Nation, or
(2) Fishing trips conducted entirely within state marine waters.
(b) At-sea processing. At-sea processing of Shared EC Species is
prohibited within the EEZ, except while processing groundfish in
accordance with subpart D of this part.
0
4. In Sec. 660.112, add paragraphs (d)(16) and (e)(10) to read as
follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(d) * * *
(16) Retain and process more than 1 mt of Shared EC Species other
than squid species in any calendar year; or, retain and process more
than 40 mt of any Shared EC squid species in any calendar year.
(e) * * *
(10) Retain and process more than 1 mt of Shared EC Species other
than squid species in any calendar year; or, retain and process more
than 40 mt of any Shared EC squid species in any calendar year.
[FR Doc. 2016-07516 Filed 4-1-16; 8:45 am]
BILLING CODE 3510-22-P