Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 6 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Authorization of Deep-Set Buoy Gear, 1171-1172 [2023-00053]

Download as PDF Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Proposed Rules Alcohol and Tobacco Tax and Trade Bureau 27 CFR Parts 6, 8, 10, and 11 [Docket No. TTB–2022–0011; Notice No. 216A; Re: Notice No. 216] RIN 1513–AC92 Consideration of Updates to Trade Practice Regulations Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Advance notice of proposed rulemaking; extension of comment period. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is extending for an additional 90 days the comment period for an advance notice of proposed rulemaking it published on November 9, 2022, entitled, ‘‘Consideration of Updates to Trade Practice Regulations.’’ TTB is taking this action in response to a joint request made by eight alcohol industry trade associations. SUMMARY: For the advance notice of proposed rulemaking published as Notice No. 216 on November 9, 2022, at 87 FR 67612, comments are now due on or before June 7, 2023. ADDRESSES: You may electronically submit comments on the advance notice of proposed rulemaking and view copies of that notice, this comment period extension notice, and any comments TTB receives within Docket No. TTB– 2022–0011 as posted on the Regulations.gov website at https:// www.regulations.gov. A link to that docket is available on the TTB website at https://www.ttb.gov/laws-andregulations/all-rulemaking under Notice No. 216. Alternatively, you may submit comments via postal mail to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please see the Public Participation section of Notice No. 216 for information on the specific issues and questions on which TTB is soliciting comments, and for information on the submission, confidentiality, and public disclosure of comments. FOR FURTHER INFORMATION CONTACT: Christopher Forster-Smith, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; telephone 202–453–1039 ext. 150. lotter on DSK11XQN23PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 17:06 Jan 06, 2023 Jkt 259001 Through a recently-published advance notice of proposed rulemaking (ANPRM), the Alcohol and Tobacco Tax and Trade Bureau (TTB) solicited comments on its trade practice regulations related to the Federal Alcohol Administration Act’s tied house, exclusive outlet, commercial bribery, and consignment sales prohibitions, which are contained in 27 CFR parts 6, 8, 10, and 11, respectively. TTB published that ANPRM as Notice No. 216, ‘‘Consideration of Updates to Trade Practice Regulations,’’ in the Federal Register on November 9, 2022, at 87 FR 67612. TTB solicited comments on specific issues and questions set out in the ANPRM and also invited comments on any other issue or concern related to its trade practice regulations. As originally published, the comment period closing date for the ANPRM was March 9, 2023. TTB recently received a joint request from eight alcohol industry trade associations to extend the comment period for the ANPRM for an additional 90 days; see Comment 21 as posted in Docket TTB–2022–0011 on the ‘‘Regulations.gov’’ website at https:// www.regulations.gov. The eight associations supporting the request are the Wine Institute, the Distilled Spirits Council of the United States (DISCUS), WineAmerica, the American Distilled Spirits Alliance (ADSA), the Wine and Spirits Wholesalers of America (WSWA), American Beverage Licensees (ABL), the Beer Institute, and the National Beer Wholesalers Association (NBWA). The eight associations cite the changes to the beverage alcohol industry since the trade practice regulations were last revised, the differential affect changes to the regulations may have on small, mid-size, and large producers, the broad scope of the ANPRM, and the ongoing holiday season as the reasons they are requesting an extension to the ANPRM’s comment period for an additional 90 days. In response to that request, TTB is extending the comment period for Notice No. 216 for an additional 90 days. TTB believes that the 90-day extension of the comment period, in addition to the original 120-day comment period, will be of sufficient length to allow interested parties to consider and comment on the issues raised in the ANPRM, while allowing TTB to then proceed with a notice of proposed rulemaking and ultimately conclude the rulemaking in a timely manner. Therefore, TTB will now accept public comments on Notice No. 216 through June 7, 2023. See the ANPRM, SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 1171 Notice No. 216, for complete information on the specific issues and questions on which TTB is seeking comment, as well as information on how to submit comments electronically or by postal mail, and on the confidentiality and public disclosure of any submitted comments. Mary G. Ryan, Administrator. [FR Doc. 2023–00111 Filed 1–6–23; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 RIN 0648–BK09 Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 6 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Authorization of Deep-Set Buoy Gear National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of an amendment to a fishery management plan; request for comments. AGENCY: NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 6 is to authorize deep-set buoy gear (DSBG) as a legal gear type for targeting highly migratory species (HMS) off the U.S. West Coast, and to establish management measures, a permitting program, and a standardized bycatch reporting methodology (SBRM) for this fishery. The amendment is expected to affect harvest levels of swordfish by authorizing an additional gear type for commercial harvest of HMS in Federal waters off the U.S. West Coast. The Council transmitted the draft Amendment to NMFS on December 21, 2022. DATES: Comments on Amendment 6 must be received by March 10, 2023 to be considered in the decision whether to approve, disapprove, or partially approve Amendment 6. ADDRESSES: You may submit comments on this document, identified by NOAA– SUMMARY: E:\FR\FM\09JAP1.SGM 09JAP1 lotter on DSK11XQN23PROD with PROPOSALS1 1172 Federal Register / Vol. 88, No. 5 / Monday, January 9, 2023 / Proposed Rules NMFS–2022–0141, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to WCR.HMS@noaa.gov. Instructions: Comments must be submitted by one of the above methods to ensure they are received, documented, and considered by NMFS. 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. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the draft Amendment 6 and other supporting documents are available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA–NMFS–2022–0141, or contact the Acting Regional Administrator, Scott M. Rumsey, NMFS West Coast Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232– 1274, or WCR.HMS@noaa.gov. FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936–6162, Amber.Rhodes@noaa.gov or Rachael Wadsworth, NMFS, (206) 526–6152, Rachael.Wadsworth@noaa.gov. SUPPLEMENTARY INFORMATION: DSBG was initially developed off the U.S. West Coast through a series of research trials which began in 2011 and continued under exempted fishing permits (EFPs) beginning in 2015. The information collected indicated that DSBG was an effective gear type for selectively targeting swordfish with minimal bycatch and that the gear was potentially profitable to fishermen. These promising results led the Council to recommend that NMFS authorize DSBG as a legal gear type for targeting HMS in the U.S. West Coast Exclusive Economic Zone (EEZ) off California and Oregon. The Council developed this draft amendment over a series of public meetings. The process began with the adoption of a range of alternatives VerDate Sep<11>2014 17:06 Jan 06, 2023 Jkt 259001 (ROA) for federally authorized DSBG fishing in June of 2018. Later, in November 2018, the Council refined its ROA and adopted a preliminary preferred alternative (PPA) to authorize DSBG off the coasts of California and Washington, with a limited entry (LE) permitting system for use of the gear within the Southern California Bight (SCB). In September 2019, the Council adopted its final preferred alternative (FPA) after making a few minor clarifications to its PPA, including amending the tiered criteria of swordfish fishing experience necessary to qualify for an LE permit. At its March 2021 Meeting, the Council modified its FPA to clarify terms, such as ‘‘EFP holders,’’ in the recommended tiered criteria, and specified data sources for qualifying LE permit applicants under those tiers. The Council also provided additional input on the permit qualification procedures (i.e., a one-time ranking of permit qualifiers according to tiers), and clarified its intent to issue permits to entities, including corporations, while prohibiting permit transfers through changes in entity ownership. During its November 2021 meeting, the Council adopted a standardized bycatch reporting methodology for an authorized DSBG fishery. Finally, during its March 2022 meeting, the Council considered additional measures for an authorized DSBG fishery related to compliance with the Endangered Species Act, and procedures for monitoring and management of the proposed fishery, including LE permit ownership. The proposed changes to the HMS FMP are described in further detail below. Section 6.1 would be amended to include the definition of DSBG as a legal gear type. Both ‘‘standard’’ and ‘‘linked’’ configurations of DSBG are described and would be authorized. Additionally, the section would be amended to clarify that DSBG must be actively tended, in contrast to surface hook and line gear, which does not require active tending. Section 6.2 would be amended to describe the LE permitting regime for fishing DSBG within the SCB (i.e., Federal waters east of 120°28′18″ W longitude). This includes language outlining the timing and pace of permit issuance, tiered qualifying criteria (including definitions for permit holders and vessel owners), procedures for permit renewals, and restrictions on permit transfers. Up to 50 permits would be issued for the first year, and up to 25 additional permits would be issued annually in subsequent years until a maximum of 300 permits are issued. The draft amendment also PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 describes scenarios in which the Council or NMFS may determine that a fewer number of permits should be issued than 300. In such a scenario, the Council could recommend NMFS publish new regulations restricting permit issuance based on applicable law or other considerations. Finally, Section 6.2.1.1 describes the tiered criteria that NMFS will use to issue permits to potential DSBG fishermen based on industry participation history and swordfish fishing experience. Section 6.3 would be amended to include DSBG-specific language related to standardized bycatch reporting methodology (SBRM). This language includes a synopsis of the gear’s documented bycatch performance, and considerations related to logbook reporting and observer coverage in the authorized fishery. DSBG vessels would be subject to logbook reporting requirements in the same manner as other HMS fisheries. As an addendum to this section, Section 8.0 would also be amended to include a reference to the Draft Environmental Impact Statement (DEIS) analyzing the environmental and socioeconomic impacts of DSBG authorization, which NMFS published in August 2021. The preamble to Section 6.6 would be amended to include DSBG when referring to HMS fishery conservation and management measures. Section 6.6.4 would also be amended to reference pending Federal regulations on the maximum amount of gear deployed, gear tending requirements, timing of gear deployment/retrieval, and simultaneous use of DSBG and other gear types on a single trip. Authority: 16 U.S.C. 1801 et seq. Dated: January 3, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–00053 Filed 1–6–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and 274a [CIS No. 2687–21; DHS Docket No. USCIS 2021–0010] RIN 1615–AC68 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements; Correction U.S. Citizenship and Immigration Services, DHS. AGENCY: E:\FR\FM\09JAP1.SGM 09JAP1

Agencies

[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Proposed Rules]
[Pages 1171-1172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BK09


Fisheries Off West Coast States; Highly Migratory Fisheries; 
Amendment 6 to Fishery Management Plan for West Coast Highly Migratory 
Species Fisheries; Authorization of Deep-Set Buoy Gear

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

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 6 to the Fishery Management Plan for 
U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for 
review by the Secretary of Commerce. The intent of Amendment 6 is to 
authorize deep-set buoy gear (DSBG) as a legal gear type for targeting 
highly migratory species (HMS) off the U.S. West Coast, and to 
establish management measures, a permitting program, and a standardized 
bycatch reporting methodology (SBRM) for this fishery. The amendment is 
expected to affect harvest levels of swordfish by authorizing an 
additional gear type for commercial harvest of HMS in Federal waters 
off the U.S. West Coast. The Council transmitted the draft Amendment to 
NMFS on December 21, 2022.

DATES: Comments on Amendment 6 must be received by March 10, 2023 to be 
considered in the decision whether to approve, disapprove, or partially 
approve Amendment 6.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-

[[Page 1172]]

NMFS-2022-0141, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to, click the ``Comment Now!'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to [email protected].
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. 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. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Amendment 6 and other supporting documents are 
available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2022-0141, or contact the Acting 
Regional Administrator, Scott M. Rumsey, NMFS West Coast Region, 1201 
NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936-6162, 
[email protected] or Rachael Wadsworth, NMFS, (206) 526-6152, 
[email protected].

SUPPLEMENTARY INFORMATION: DSBG was initially developed off the U.S. 
West Coast through a series of research trials which began in 2011 and 
continued under exempted fishing permits (EFPs) beginning in 2015. The 
information collected indicated that DSBG was an effective gear type 
for selectively targeting swordfish with minimal bycatch and that the 
gear was potentially profitable to fishermen. These promising results 
led the Council to recommend that NMFS authorize DSBG as a legal gear 
type for targeting HMS in the U.S. West Coast Exclusive Economic Zone 
(EEZ) off California and Oregon.
    The Council developed this draft amendment over a series of public 
meetings. The process began with the adoption of a range of 
alternatives (ROA) for federally authorized DSBG fishing in June of 
2018. Later, in November 2018, the Council refined its ROA and adopted 
a preliminary preferred alternative (PPA) to authorize DSBG off the 
coasts of California and Washington, with a limited entry (LE) 
permitting system for use of the gear within the Southern California 
Bight (SCB). In September 2019, the Council adopted its final preferred 
alternative (FPA) after making a few minor clarifications to its PPA, 
including amending the tiered criteria of swordfish fishing experience 
necessary to qualify for an LE permit. At its March 2021 Meeting, the 
Council modified its FPA to clarify terms, such as ``EFP holders,'' in 
the recommended tiered criteria, and specified data sources for 
qualifying LE permit applicants under those tiers. The Council also 
provided additional input on the permit qualification procedures (i.e., 
a one-time ranking of permit qualifiers according to tiers), and 
clarified its intent to issue permits to entities, including 
corporations, while prohibiting permit transfers through changes in 
entity ownership. During its November 2021 meeting, the Council adopted 
a standardized bycatch reporting methodology for an authorized DSBG 
fishery. Finally, during its March 2022 meeting, the Council considered 
additional measures for an authorized DSBG fishery related to 
compliance with the Endangered Species Act, and procedures for 
monitoring and management of the proposed fishery, including LE permit 
ownership.
    The proposed changes to the HMS FMP are described in further detail 
below.
    Section 6.1 would be amended to include the definition of DSBG as a 
legal gear type. Both ``standard'' and ``linked'' configurations of 
DSBG are described and would be authorized. Additionally, the section 
would be amended to clarify that DSBG must be actively tended, in 
contrast to surface hook and line gear, which does not require active 
tending.
    Section 6.2 would be amended to describe the LE permitting regime 
for fishing DSBG within the SCB (i.e., Federal waters east of 
120[deg]28'18'' W longitude). This includes language outlining the 
timing and pace of permit issuance, tiered qualifying criteria 
(including definitions for permit holders and vessel owners), 
procedures for permit renewals, and restrictions on permit transfers. 
Up to 50 permits would be issued for the first year, and up to 25 
additional permits would be issued annually in subsequent years until a 
maximum of 300 permits are issued. The draft amendment also describes 
scenarios in which the Council or NMFS may determine that a fewer 
number of permits should be issued than 300. In such a scenario, the 
Council could recommend NMFS publish new regulations restricting permit 
issuance based on applicable law or other considerations. Finally, 
Section 6.2.1.1 describes the tiered criteria that NMFS will use to 
issue permits to potential DSBG fishermen based on industry 
participation history and swordfish fishing experience.
    Section 6.3 would be amended to include DSBG-specific language 
related to standardized bycatch reporting methodology (SBRM). This 
language includes a synopsis of the gear's documented bycatch 
performance, and considerations related to logbook reporting and 
observer coverage in the authorized fishery. DSBG vessels would be 
subject to logbook reporting requirements in the same manner as other 
HMS fisheries. As an addendum to this section, Section 8.0 would also 
be amended to include a reference to the Draft Environmental Impact 
Statement (DEIS) analyzing the environmental and socioeconomic impacts 
of DSBG authorization, which NMFS published in August 2021.
    The preamble to Section 6.6 would be amended to include DSBG when 
referring to HMS fishery conservation and management measures. Section 
6.6.4 would also be amended to reference pending Federal regulations on 
the maximum amount of gear deployed, gear tending requirements, timing 
of gear deployment/retrieval, and simultaneous use of DSBG and other 
gear types on a single trip.

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

    Dated: January 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-00053 Filed 1-6-23; 8:45 am]
BILLING CODE 3510-22-P
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