Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 57489-57490 [2016-20056]

Download as PDF ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations primary responsibility for captioning issues and who can ensure compliance with the Commission’s rules. In addition, this contact information shall include the person’s title or office, telephone number, fax number (if the video programming distributor has a fax number), postal mailing address, and email address. Video programming distributors shall include this information on their Web sites (if they have a Web site), in telephone directories, and in billing statements (to the extent the distributor issues billing statements). Video programming distributors shall keep this information current and update it within ten (10) business days for Web sites, by the next billing cycle for billing statements, and by the next publication of directories. (3) Providing contact information to the Commission. Video programming distributors and video programmers shall file contact information with the Commission through a web form located on the Commission’s Web site. Such contact information shall include the name of a person with primary responsibility for captioning issues and ensuring compliance with the Commission’s rules. In addition, such contact information shall include the person’s title or office, telephone number, fax number (if the video programming distributor or video programmer has a fax number), postal mailing address, and email address. Contact information shall be available to consumers on the Commission’s Web site or by telephone inquiry to the Commission’s Consumer Center. Video programming distributors and video programmers shall notify the Commission each time there is a change in any of this required information within ten (10) business days. (j) * * * (1) [Reserved] * * * * * (3) Application of captioning quality standards. Video Programmers shall ensure that captioning meet the standards of paragraph (j)(2) of this section for accuracy, synchronicity, completeness and placement, except for de minimis captioning errors. In determining whether a captioning error is de minimis, the Commission will consider the particular circumstances presented, including the type of failure, the reason for the failure, whether the failure was one-time or continuing, the degree to which the program was understandable despite the errors, and the time frame within which corrective action was taken to prevent such failures from recurring. When applying such standards to live and near-live VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 programming, the Commission will also take into account, on a case-by-case basis, the following factors: * * * * * (k) * * * (1) * * * (iv) Certification procedures for video programmers. Video programmers adopting Best Practices will certify to the Commission that they adhere to Best Practices for video programmers, in accordance with paragraph (m) of this section. * * * * * (l) [Reserved] (m) Video programmer certification. (1) On or before July 1, 2017, or prior to the first time a video programmer that has not previously provided video programming shown on television provides video programming for television for the first time, whichever is later, and on or before July 1 of each year thereafter, each video programmer shall submit a certification to the Commission through a web form located on the Commission’s Web site stating that: (i) The video programmer provides closed captioning for its programs in compliance with the Commission’s rules; and (ii) The video programmers’ programs either satisfy the caption quality standards of paragraph (j)(2) of this section; or in the ordinary course of business, the video programmer has adopted and follows the Best Practices set forth in paragraph (k)(1) of this section. (2) If all of video programmer’s programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, in lieu of the certification required by paragraph (m)(1) of this section, the video programmer shall submit a certification to the Commission through a web form located on the Commission’s Web site stating that all of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. (3) If some of a video programmer’s programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, as part of the certification required by paragraph (m)(1) of this section, the video programmer shall include a certification stating that some of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. (4) A television broadcast station licensed pursuant to part 73 of this PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 57489 chapter or a low power television broadcast station licensed pursuant to part 74, subpart G, of this chapter, or the owner of either such station, is not required to provide a certification for video programming that is broadcast by the television broadcast station. [FR Doc. 2016–19685 Filed 8–22–16; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160617540–6702–02] RIN 0648–XE695 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the West Coast for the fishing season of July 1, 2016, through June 30, 2017. This rule is implemented according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The 2016–2017 HG for Pacific mackerel is 21,161 metric tons (mt). This is the total commercial fishing target level. NMFS is also implementing an annual catch target (ACT), of 20,161 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the HG (21,161 mt) and ACT as a 1,000 mt set-aside for incidental landings in other CPS fisheries and other sources of mortality. This final rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast. DATES: Effective September 22, 2016 through June 30, 2017. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980–4034, Joshua.Lindsay@noaa.gov. SUPPLEMENTARY INFORMATION: During public meetings each year, the estimated biomass for Pacific mackerel is presented to the Pacific Fishery Management Council’s (Council) CPS SUMMARY: E:\FR\FM\23AUR1.SGM 23AUR1 ehiers on DSK5VPTVN1PROD with RULES 57490 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations Management Team (Team), the Council’s CPS Advisory Subpanel (Subpanel) and the Council’s Scientific and Statistical Committee (SSC), and the biomass and the status of the fishery are reviewed and discussed. The biomass estimate is then presented to the Council along with the recommended overfishing limit (OFL) and acceptable biological catch (ABC) calculations from the SSC, along with the calculated ACL, HG, and ACT recommendations, and comments from the Team and Subpanel. Following review by the Council and after reviewing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. Under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery in the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) in accordance with the FMP. Annual Specifications published in the Federal Register establish the allowable harvest levels (i.e. OFL/ACL/HG) for each Pacific mackerel fishing year. The purpose of this action is to implement the 2016–2017 ACL, HG, ACT and other annual catch reference points, including an OFL and an ABC that take into consideration uncertainty surrounding the current estimate of biomass for Pacific mackerel in the U.S. EEZ off the Pacific coast. The CPS FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific mackerel fishery based on the annual specification framework and control rules in the FMP. These control rules include the HG control rule, which in conjunction with the OFL and ABC rules in the FMP, are used to manage harvest levels for Pacific mackerel, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. According to the FMP, the quota for the principal commercial fishery is determined using the FMP-specified HG formula. The HG is based, in large part, on the current estimate of stock biomass. The annual biomass estimates are an explicit part of the various harvest control rules for Pacific mackerel, and as the estimated biomass decreases or increases from one year to the next, the resulting allowable catch levels similarly trend. The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) * Fraction * Distribution] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific mackerel age one and above. For the 2016–2017 management season this is 118,968 mt. VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 2. Cutoff. This is the biomass level below which no commercial fishery is allowed. The FMP established this level at 18,200 mt. 3. Fraction. The harvest fraction is the percentage of the biomass above 18,200 mt that may be harvested. 4. Distribution. The average portion of the Pacific mackerel biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent and is based on the average historical larval distribution obtained from scientific cruises and the distribution of the resource according to the logbooks of aerial fish-spotters. At the June 2015 Council meeting, the Council adopted a new full stock assessment for Pacific mackerel completed by NMFS Southwest Fisheries Science Center and along with the Council’s SSC, approved the resulting Pacific mackerel biomass estimate of 118,968 mt as the best available science for use in the 2016– 2017 fishing year. Based on recommendations from its SSC and other advisory bodies, the Council recommended and NMFS is implementing, an OFL of 24,983 mt, an ABC and ACL of 22,822 mt, an HG of 21,161 mt, and an ACT of 20,161 mt for the fishing year of July 1, 2016, to June 30, 2017. Upon attainment of the ACT, the directed fishing would close, reserving the difference between the HG and ACT (1,000 mt) as a set aside for incidental landings in other CPS fisheries. For the remainder of the fishing year incidental landings would also be constrained to a 45 percent incidental catch allowance when Pacific mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), except that up to 3 mt of Pacific mackerel could be landed incidentally without landing any other CPS. Upon attainment of the HG (21,161 mt), no retention of Pacific mackerel would be allowed in CPS fisheries. In previous years, the incidental set-aside established in the mackerel fishery has been, in part, to ensure that if the directed quota for mackerel was reached that the operation of the Pacific sardine fishery was not overly restricted. There is no directed Pacific sardine fishery for the 2016–2017 season; therefore, the need for a high incidental set-aside is reduced. The purpose of the incidental set-aside and the allowance of an incidental fishery are to allow for restricted incidental landings of Pacific mackerel in other fisheries, particularly other CPS fisheries, when the directed fishery is closed to reduce potential discard of Pacific mackerel and allow PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 for continued prosecution of other important CPS fisheries. The NMFS West Coast Regional Administrator would publish a notice in the Federal Register announcing the date of any closure to either directed or incidental fishing. Additionally, to ensure the regulated community is informed of any closure, NMFS would also make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. On June 23, 2016, a proposed rule was published for this action and public comments solicited (81 FR 40844, as corrected by 81 FR 47154), with a comment period that ended on July 25, 2016. NMFS received no comments regarding the proposed Pacific mackerel specifications and no changes were made from the proposed rule. Detailed information on the fishery and the stock assessment are found in the report ‘‘Pacific Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 2015–16 Fishing Year’’ (see FOR FURTHER INFORMATION CONTACT). Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the Assistant Administrator, NMFS, has determined that this final rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. These specifications are exempt from review under Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: August 12, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–20056 Filed 8–22–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57489-57490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160617540-6702-02]
RIN 0648-XE695


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement annual management 
measures and harvest specifications to establish the allowable catch 
levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for 
Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the West 
Coast for the fishing season of July 1, 2016, through June 30, 2017. 
This rule is implemented according to the Coastal Pelagic Species (CPS) 
Fishery Management Plan (FMP). The 2016-2017 HG for Pacific mackerel is 
21,161 metric tons (mt). This is the total commercial fishing target 
level. NMFS is also implementing an annual catch target (ACT), of 
20,161 mt. If the fishery attains the ACT, the directed fishery will 
close, reserving the difference between the HG (21,161 mt) and ACT as a 
1,000 mt set-aside for incidental landings in other CPS fisheries and 
other sources of mortality. This final rule is intended to conserve and 
manage the Pacific mackerel stock off the U.S. West Coast.

DATES: Effective September 22, 2016 through June 30, 2017.

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, 
NMFS, (562) 980-4034, Joshua.Lindsay@noaa.gov.

SUPPLEMENTARY INFORMATION: During public meetings each year, the 
estimated biomass for Pacific mackerel is presented to the Pacific 
Fishery Management Council's (Council) CPS

[[Page 57490]]

Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) 
and the Council's Scientific and Statistical Committee (SSC), and the 
biomass and the status of the fishery are reviewed and discussed. The 
biomass estimate is then presented to the Council along with the 
recommended overfishing limit (OFL) and acceptable biological catch 
(ABC) calculations from the SSC, along with the calculated ACL, HG, and 
ACT recommendations, and comments from the Team and Subpanel. Following 
review by the Council and after reviewing public comment, the Council 
adopts a biomass estimate and makes its catch level recommendations to 
NMFS. Under the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery 
in the U.S. EEZ off the Pacific coast (California, Oregon, and 
Washington) in accordance with the FMP. Annual Specifications published 
in the Federal Register establish the allowable harvest levels (i.e. 
OFL/ACL/HG) for each Pacific mackerel fishing year. The purpose of this 
action is to implement the 2016-2017 ACL, HG, ACT and other annual 
catch reference points, including an OFL and an ABC that take into 
consideration uncertainty surrounding the current estimate of biomass 
for Pacific mackerel in the U.S. EEZ off the Pacific coast.
    The CPS FMP and its implementing regulations require NMFS to set 
these annual catch levels for the Pacific mackerel fishery based on the 
annual specification framework and control rules in the FMP. These 
control rules include the HG control rule, which in conjunction with 
the OFL and ABC rules in the FMP, are used to manage harvest levels for 
Pacific mackerel, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq. According to 
the FMP, the quota for the principal commercial fishery is determined 
using the FMP-specified HG formula. The HG is based, in large part, on 
the current estimate of stock biomass. The annual biomass estimates are 
an explicit part of the various harvest control rules for Pacific 
mackerel, and as the estimated biomass decreases or increases from one 
year to the next, the resulting allowable catch levels similarly trend. 
The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) * 
Fraction * Distribution] with the parameters described as follows:
    1. Biomass. The estimated stock biomass of Pacific mackerel age one 
and above. For the 2016-2017 management season this is 118,968 mt.
    2. Cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established this level at 18,200 mt.
    3. Fraction. The harvest fraction is the percentage of the biomass 
above 18,200 mt that may be harvested.
    4. Distribution. The average portion of the Pacific mackerel 
biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent 
and is based on the average historical larval distribution obtained 
from scientific cruises and the distribution of the resource according 
to the logbooks of aerial fish-spotters.
    At the June 2015 Council meeting, the Council adopted a new full 
stock assessment for Pacific mackerel completed by NMFS Southwest 
Fisheries Science Center and along with the Council's SSC, approved the 
resulting Pacific mackerel biomass estimate of 118,968 mt as the best 
available science for use in the 2016-2017 fishing year. Based on 
recommendations from its SSC and other advisory bodies, the Council 
recommended and NMFS is implementing, an OFL of 24,983 mt, an ABC and 
ACL of 22,822 mt, an HG of 21,161 mt, and an ACT of 20,161 mt for the 
fishing year of July 1, 2016, to June 30, 2017.
    Upon attainment of the ACT, the directed fishing would close, 
reserving the difference between the HG and ACT (1,000 mt) as a set 
aside for incidental landings in other CPS fisheries. For the remainder 
of the fishing year incidental landings would also be constrained to a 
45 percent incidental catch allowance when Pacific mackerel are landed 
with other CPS (in other words, no more than 45 percent by weight of 
the CPS landed per trip may be Pacific mackerel), except that up to 3 
mt of Pacific mackerel could be landed incidentally without landing any 
other CPS. Upon attainment of the HG (21,161 mt), no retention of 
Pacific mackerel would be allowed in CPS fisheries. In previous years, 
the incidental set-aside established in the mackerel fishery has been, 
in part, to ensure that if the directed quota for mackerel was reached 
that the operation of the Pacific sardine fishery was not overly 
restricted. There is no directed Pacific sardine fishery for the 2016-
2017 season; therefore, the need for a high incidental set-aside is 
reduced. The purpose of the incidental set-aside and the allowance of 
an incidental fishery are to allow for restricted incidental landings 
of Pacific mackerel in other fisheries, particularly other CPS 
fisheries, when the directed fishery is closed to reduce potential 
discard of Pacific mackerel and allow for continued prosecution of 
other important CPS fisheries.
    The NMFS West Coast Regional Administrator would publish a notice 
in the Federal Register announcing the date of any closure to either 
directed or incidental fishing. Additionally, to ensure the regulated 
community is informed of any closure, NMFS would also make 
announcements through other means available, including fax, email, and 
mail to fishermen, processors, and state fishery management agencies.
    On June 23, 2016, a proposed rule was published for this action and 
public comments solicited (81 FR 40844, as corrected by 81 FR 47154), 
with a comment period that ended on July 25, 2016. NMFS received no 
comments regarding the proposed Pacific mackerel specifications and no 
changes were made from the proposed rule. Detailed information on the 
fishery and the stock assessment are found in the report ``Pacific 
Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 
2015-16 Fishing Year'' (see FOR FURTHER INFORMATION CONTACT).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Assistant Administrator, NMFS, has 
determined that this final rule is consistent with the CPS FMP, other 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act, and other applicable law.
    These specifications are exempt from review under Executive Order 
12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This action does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 12, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-20056 Filed 8-22-16; 8:45 am]
BILLING CODE 3510-22-P