Fisheries Off West Coast States; Pelagic Species Fisheries; Amendment 20 to the Coastal Pelagic Species Fishery Management Plan, 42652-42653 [2023-14009]

Download as PDF lotter on DSK11XQN23PROD with RULES1 42652 Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations from the experimental population being established. * * * * * (c) * * * (3) Management restrictions, protective measures, or other special management concerns of that population, as appropriate, which may include but are not limited to, measures to isolate, remove, and/or contain the experimental population designated in the regulation from nonexperimental populations; and * * * * * (d) The Secretary may issue a permit under section 10(a)(1)(A) of the Act, if appropriate under the standards set out in sections 10(d) and 10(j) of the Act, to allow actions necessary for the establishment and maintenance of an experimental population. (e) The Service will consult with appropriate State fish and wildlife agencies, affected Tribal governments, local governmental agencies, affected Federal agencies, and affected private landowners in developing and implementing experimental population rules. When appropriate, a public meeting will be conducted with interested members of the public. Any regulation promulgated pursuant to this section will, to the maximum extent practicable, represent an agreement between the Service, the affected State and Federal agencies, Tribal governments, local government agencies, and persons holding any interest in land or water that may be affected by the establishment of an experimental population. (f) Any population of an endangered species or a threatened species determined by the Secretary to be an experimental population in accordance with this subpart will be identified by a species-specific rule in §§ 17.84 and 17.85 as appropriate and separately listed in § 17.11(h) (wildlife) or § 17.12(h) (plants) as appropriate. (g) The Secretary may designate critical habitat as defined in section (3)(5)(A) of the Act for an essential experimental population as determined pursuant to paragraph (c)(2) of this section. Any designation of critical habitat for an essential experimental population will be made in accordance with section 4 of the Act. No designation of critical habitat will be made for nonessential experimental populations. ■ 4. Revise § 17.82 to read as follows: § 17.82 Prohibitions. Any population determined by the Secretary to be an experimental population will be treated as if it were VerDate Sep<11>2014 16:10 Jun 30, 2023 Jkt 259001 listed as a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with respect to such population. The species-specific rules (protective regulations) adopted for an experimental population under § 17.81 will contain applicable prohibitions, as appropriate, and exceptions for that population. ■ 5. Amend § 17.83 by revising paragraph (b) and adding paragraph (c) to read as follows: DEPARTMENT OF COMMERCE § 17.83 AGENCY: Interagency cooperation. * * * * * (b) For a listed species, any experimental population that, pursuant to § 17.81(c)(2), has been determined to be essential to the survival of the species or that occurs within the National Park System or the National Wildlife Refuge System, as now or hereafter constituted, will be treated for purposes of section 7 of the Act as a threatened species. (c) For purposes of section 7 of the Act, any consultation or conference on a proposed Federal action will treat any experimental and nonexperimental populations as a single listed species for the purposes of conducting the analyses and making agency determinations pursuant to section 7(a) of the Act. ■ 6. Amend § 17.84 by: ■ a. Revising the section heading; and ■ b. In paragraphs (l)(1), (l)(16), and (x)(8) remove the word ‘‘special’’ wherever it appears. The revision reads as follows: § 17.84 Species-specific rules— vertebrates. * * * * * 7. Amend § 17.85 by revising the section heading and paragraph (a)(2)(i) to read as follows: ■ § 17.85 Species-specific rules— invertebrates. (a) * * * (2) * * * (i) Except as expressly allowed in the rule in this paragraph (a), all the prohibitions of § 17.31(a) and (b) apply to the mollusks identified in the rule in this paragraph (a). * * * * * § 17.86 ■ [Removed and Reserved] 8. Remove and reserve § 17.86 Shannon A. Estenoz, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2023–13672 Filed 6–30–23; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 230626–0156] RIN 0648–BM14 Fisheries Off West Coast States; Pelagic Species Fisheries; Amendment 20 to the Coastal Pelagic Species Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. This final rule announces approval of and implements Amendment 20 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). Amendment 20 removes management category terminology from use in the FMP, but does not revise the manner in which the CPS stocks are managed. The Pacific Fishery Management Council (Council) recommended Amendment 20 for clarity and consistency with other Council FMPs. This final rule removes the definition for ‘‘Actively Managed Species’’ and a reference to ‘‘monitored stocks’’ from Federal regulations. Because this action does not change the manner in which CPS stocks are managed, this action is administrative in nature. DATES: This rule is effective August 2, 2023. FOR FURTHER INFORMATION CONTACT: Taylor Debevec at (562) 980–4066 or taylor.debevec@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background This final rule concurrently announces approval of and implements Amendment 20 to the CPS FMP. The CPS FMP has used the Management Categories of ‘‘Active’’ (or Actively) and ‘‘Monitored’’ to effectively and efficiently direct available agency and Council resources, in recognition that not all stocks require as intensive management as others, e.g., frequency of assessments and changes to harvest levels. However, the Council initiated an effort to address a perceived lack of clarity regarding the meaning and use of management category terms in the CPS FMP and to promote consistency with other Council FMPs. In April 2022, the Council took final action to recommend Amendment 20 to the CPS FMP to NMFS to remove management category E:\FR\FM\03JYR1.SGM 03JYR1 Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 terms from the FMP and incorporate additional modifications in place of those terms to ensure the flow and readability of the FMP. The intent of Amendment 20 is to improve clarity regarding the management approaches for stocks in the CPS FMP and to describe how each stock is managed in a stock-specific manner, rather than through use of a categorical assignment. Amendment 20 does not change the management approaches for stocks in the CPS FMP. We published a notice of availability (NOA) for Amendment 20 on March 23, 2023 (88 FR 17515), with a comment period ending on May 8, 2023. We published a proposed rule to implement the Amendment 20 on April 6, 2023 (88 FR 20456), with a comment period ending on May 22, 2023. We considered all public comments received on the NOA and proposed rule. See Comments and Responses section for more information. Now, on behalf of the Secretary of Commerce, we are announcing the approval of Amendment 20 and issuing this final rule implementing Amendment 20, consistent with the review and approval process outlined in section 304(a) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Specifically, this final rule implements the following regulatory revisions, which are unchanged from the proposed rule: removal of the definition of ‘‘Actively Managed Species’’ from 50 CFR 660.502; and removal of the term ‘‘monitored stocks’’ from 50 CFR 660.511(k). The NOA and proposed rule for this action included additional background and details, which are not repeated here. For additional information on this action, please refer to the NOA (88 FR 17515 March 23, VerDate Sep<11>2014 16:10 Jun 30, 2023 Jkt 259001 2023) and proposed rule (88 FR 20456 April 6, 2023). Comments and Responses NMFS received two public comments—one was from an anonymous submitter and the other was a joint comment from Oceana and Earthjustice. The anonymous submitter supported the action. Oceana and Earthjustice raised other unrelated topics that they believe are issues with the FMP, having to do with the management of the central subpopulation of northern anchovy. Because the Oceana/Earthjustice comment was outside the scope of this action, we have not provided a response. After considering the public comments, NMFS made no changes from the proposed rule. 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. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities for the purposes of the Regulatory Flexibility Act. The factual basis for the certification was published in the proposed rule (88 FR 20456, April 6, 2023) and is not repeated here. As a PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 42653 result, a final 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. There are no relevant Federal rules that may duplicate, overlap, or conflict with the final action. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indians-lands, Recreation and recreation areas, Reporting and record keeping requirements, Treaties. Dated: June 27, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 660 as follows: PART 660—FISHERIES OFF WEST COAST STATES 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. § 660.502 [Amended] 2. In § 660.502, remove the definition ‘‘Actively managed species’’. ■ 3. In § 660.511, revise paragraph (k) to read as follows: ■ § 660.511 Catch restrictions. * * * * * (k) The following annual catch limit applies to fishing for Northern Anchovy (Central Subpopulation): 25,000 mt. [FR Doc. 2023–14009 Filed 6–30–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\03JYR1.SGM 03JYR1

Agencies

[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42652-42653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14009]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230626-0156]
RIN 0648-BM14


Fisheries Off West Coast States; Pelagic Species Fisheries; 
Amendment 20 to the Coastal Pelagic Species Fishery Management Plan

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

ACTION: Final rule.

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

SUMMARY: This final rule announces approval of and implements Amendment 
20 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). 
Amendment 20 removes management category terminology from use in the 
FMP, but does not revise the manner in which the CPS stocks are 
managed. The Pacific Fishery Management Council (Council) recommended 
Amendment 20 for clarity and consistency with other Council FMPs. This 
final rule removes the definition for ``Actively Managed Species'' and 
a reference to ``monitored stocks'' from Federal regulations. Because 
this action does not change the manner in which CPS stocks are managed, 
this action is administrative in nature.

DATES: This rule is effective August 2, 2023.

FOR FURTHER INFORMATION CONTACT: Taylor Debevec at (562) 980-4066 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This final rule concurrently announces approval of and implements 
Amendment 20 to the CPS FMP. The CPS FMP has used the Management 
Categories of ``Active'' (or Actively) and ``Monitored'' to effectively 
and efficiently direct available agency and Council resources, in 
recognition that not all stocks require as intensive management as 
others, e.g., frequency of assessments and changes to harvest levels. 
However, the Council initiated an effort to address a perceived lack of 
clarity regarding the meaning and use of management category terms in 
the CPS FMP and to promote consistency with other Council FMPs. In 
April 2022, the Council took final action to recommend Amendment 20 to 
the CPS FMP to NMFS to remove management category

[[Page 42653]]

terms from the FMP and incorporate additional modifications in place of 
those terms to ensure the flow and readability of the FMP. The intent 
of Amendment 20 is to improve clarity regarding the management 
approaches for stocks in the CPS FMP and to describe how each stock is 
managed in a stock-specific manner, rather than through use of a 
categorical assignment. Amendment 20 does not change the management 
approaches for stocks in the CPS FMP.
    We published a notice of availability (NOA) for Amendment 20 on 
March 23, 2023 (88 FR 17515), with a comment period ending on May 8, 
2023. We published a proposed rule to implement the Amendment 20 on 
April 6, 2023 (88 FR 20456), with a comment period ending on May 22, 
2023. We considered all public comments received on the NOA and 
proposed rule. See Comments and Responses section for more information. 
Now, on behalf of the Secretary of Commerce, we are announcing the 
approval of Amendment 20 and issuing this final rule implementing 
Amendment 20, consistent with the review and approval process outlined 
in section 304(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1801 et seq. Specifically, this final rule 
implements the following regulatory revisions, which are unchanged from 
the proposed rule: removal of the definition of ``Actively Managed 
Species'' from 50 CFR 660.502; and removal of the term ``monitored 
stocks'' from 50 CFR 660.511(k). The NOA and proposed rule for this 
action included additional background and details, which are not 
repeated here. For additional information on this action, please refer 
to the NOA (88 FR 17515 March 23, 2023) and proposed rule (88 FR 20456 
April 6, 2023).

Comments and Responses

    NMFS received two public comments--one was from an anonymous 
submitter and the other was a joint comment from Oceana and 
Earthjustice. The anonymous submitter supported the action. Oceana and 
Earthjustice raised other unrelated topics that they believe are issues 
with the FMP, having to do with the management of the central 
subpopulation of northern anchovy. Because the Oceana/Earthjustice 
comment was outside the scope of this action, we have not provided a 
response. After considering the public comments, NMFS made no changes 
from the proposed rule.

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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities for the purposes of the Regulatory Flexibility Act. The 
factual basis for the certification was published in the proposed rule 
(88 FR 20456, April 6, 2023) and is not repeated here. As a result, a 
final 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. There are no 
relevant Federal rules that may duplicate, overlap, or conflict with 
the final action.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indians-lands, Recreation and recreation areas, 
Reporting and record keeping requirements, Treaties.

    Dated: June 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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.


Sec.  660.502  [Amended]

0
2. In Sec.  660.502, remove the definition ``Actively managed 
species''.

0
3. In Sec.  660.511, revise paragraph (k) to read as follows:


Sec.  660.511  Catch restrictions.

* * * * *
    (k) The following annual catch limit applies to fishing for 
Northern Anchovy (Central Subpopulation): 25,000 mt.

[FR Doc. 2023-14009 Filed 6-30-23; 8:45 am]
BILLING CODE 3510-22-P

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