[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44986-44987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010105005-1206-02; I.D. 120600A]
RIN 0648-AO64


Fisheries Off West Coast States and in the Western Pacific; 
Coastal Pelagic Species Fishery; Amendment 9

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 Amendment 9 to the 
Coastal Pelagic Species Fishery Management Plan (FMP), which was 
submitted by the Pacific Fishery Management Council (Council) for 
review and approval by the Secretary of Commerce (Secretary) and which 
was approved on March 22, 2001. Amendment 9 was prepared to provide for 
documentation of bycatch in the coastal pelagic species fishery (CPS), 
to ensure that a standardized reporting methodology to assess the 
amount and type of bycatch is in place, to put in place any necessary 
conservation and management measures to minimize bycatch, and to ensure 
that Indian fishing rights are implemented according to treaties 
between the U.S. and the tribes. The final rule implements Amendment 9 
with respect to Indian fishing rights and codifies a provision in the 
FMP that authorizes the Regional Administrator, Southwest Region, to 
require observers on fishing vessels for scientific purposes should 
such observers be necessary. The intent of this final rule is to 
implement Amendment 9 and to codify the authorization to require 
observers.

DATES: Effective September 26, 2001.

ADDRESSES: Copies of Amendment 9, which includes an environmental 
assessment/regulatory impact review, may be obtained from Donald O. 
McIssac, Executive Director, Pacific Fishery Management Council, 2130 
SW Fifth Avenue, Suite 224, Portland, Oregon, 97201.

FOR FURTHER INFORMATION CONTACT: James Morgan, Sustainable Fisheries 
Division, NMFS, at 562-980-4036.

SUPPLEMENTARY INFORMATION: The Council submitted Amendment 9 for 
Secretarial review on November 21, 2000. NMFS published a notice of 
availability for Amendment 9 in the Federal Register on December 21, 
2000 (65 FR 80411), announcing a 60-day public comment period, which 
ended on February 20, 2001. The Secretary approved Amendment 9 on March 
22, 2001. The proposed rule implementing Amendment 9 was published in 
the Federal Register on March 30, 2001 (66 FR 17395). The comment 
period ended on May 14, 2001. No comments were received. The regulatory 
text remains the same as that in the proposed rule.
    On June 10, 1999, Amendment 8 to the Northern Anchovy Fishery 
Management Plan was partially approved by the Secretary. The portions 
of Amendment 8 approved by the Secretary added four species to the 
plan, implemented limited entry to prevent overcapitalization, and 
changed the name of the plan to the Coastal Pelagic Species Fishery 
Management Plan. Other provisions were not approved. The optimum yield 
(OY) for squid and the bycatch provisions in Amendment 8 were not 
approved because they did not conform to National Standards 1 and 9, 
respectively, of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Amendment 8, contrary to the 
requirements of National Standard 9, failed to include a standardized 
reporting methodology to assess the amount and type of bycatch in the 
CPS fishery and did not explain whether additional management measures 
to minimize bycatch and the mortality of unavoidable bycatch were 
practicable. Also, Amendment 8 failed to provide an estimate of maximum 
sustainable yield (MSY) for squid, which is necessary in order to 
determine OY.
    Background on the preparation and review of Amendment 9 was 
summarized in the preamble to the proposed rule and is not repeated 
here. Based on testimony concerning MSY for squid, the Council decided 
to include in Amendment 9 only the bycatch provision and a provision 
establishing a framework to ensure that Indian fishing rights are 
implemented according to treaties between the U.S. and the specific 
tribes. Since implementation of the FMP, the CPS fishery has expanded 
to Oregon and Washington. As a result, the FMP must discuss Indian 
fishing rights in these areas.
    A stock assessment workshop on squid was held at the Southwest 
Fisheries Science Center on May 14-16, 2001, to review the research 
being conducted in California. Based on the results of this workshop, 
the Council will prepare an amendment that will address OY and MSY for 
squid.

Classification

    The Administrator, Southwest Region, NMFS, determined that 
Amendment 9 is necessary for the conservation and management of the 
coastal pelagic species fishery and that it is consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws.
    This rule only implements provisions of Amendment 9 that relate to 
Indian fishing rights and codifies existing elements of the FMP 
requiring observers. The other provisions of Amendment 9 do not require 
regulatory text.
    This rule does not contain policies with tribal impacts within the 
meaning of Executive Order 13175.
    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 when this rule was proposed that it would not have a 
significant economic impact on a substantial number of small entities. 
No comments were received on the economic impacts of this rule on small 
entities, and the basis for this certification has not changed. 
Accordingly, a regulatory flexibility analysis was not prepared.
    NMFS initiated an informal consultation with the Protected 
Resources Division, Southwest Region, on January 12, 1999, with regard 
to the effects of Amendment 8 on endangered and threatened marine 
mammals and salmon under NMFS' jurisdiction. On June 3, 1999, NMFS 
determined that Amendment 8 would not likely adversely affect listed 
species under NMFS jurisdiction.
    On June 8, 1999, NMFS provided the U.S. Fish and Wildlife Service 
(FWS) with background information on the harvest strategies in 
Amendment 8 and their potential impact on other species. NMFS requested 
that FWS concur with NMFS' determination that Amendment 8 would not 
likely adversely affect any threatened or endangered birds under FWS' 
jurisdiction. On June 10, 1999, FWS stated that Amendment 8 would

[[Page 44987]]

not adversely affect endangered or threatened birds under its 
jurisdiction.
    NMFS reinitiated consultation with its Protected Resources 
Division, Southwest Region, following the publication of additional 
listed species. On, September 2, 1999, NMFS determined that the FMP was 
not likely to adversely affect Central Valley spring-run chinook and 
coastal California chinook. However, since the CPS fishery has expanded 
to Oregon and Washington, NMFS reinitiated consultation on April 19, 
2000. This consultation is pending. The existing consultations remain 
adequate because this rule does not affect how the coastal pelagic 
fisheries impact listed species.

List of Subject in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated August 21, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, 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 AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

    2. Sections 660.518 and 660.519 are added to subpart I to read as 
follows:


Sec.  660.518  Pacific Coast Treaty Indian Rights.

    (a) Pacific Coast treaty Indian tribes have treaty rights to 
harvest CPS in their usual and accustomed fishing areas in U.S. waters.
    (b) For the purposes of this section, ``Pacific Coast treaty Indian 
tribes'' and their ``usual and accustomed fishing areas'' are described 
at Sec.  660.324(b) and (c).
    (c) Boundaries of a tribe's fishing area may be revised as ordered 
by a Federal court.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented in accordance with the procedures and 
requirements of the framework contained in Amendment 9 to the FMP and 
in this Subpart.
    (1) The Secretary, after consideration of the tribal request, the 
recommendation of the Council, and the comments of the public, will 
implement Indian fishing rights.
    (2) The rights will be implemented either through an allocation of 
fish that will be managed by the tribes or through regulations that 
will apply specifically to the tribal fisheries.
    (3) An allocation or a regulation specific to the tribes shall be 
initiated by a written request from a Pacific Coast treaty Indian tribe 
to the NMFS Southwest Regional Administrator at least 120 days prior to 
the start of the fishing season as specified at Sec.  660.510 and will 
be subject to public review according to the procedures in Sec.  
660.508(d).
    (4) The Regional Administrator will announce the annual tribal 
allocation at the same time as the annual specifications.
    (e) The Secretary recognizes the sovereign status and co-manager 
role of Indian tribes over shared Federal and tribal fishery resources. 
Accordingly, the Secretary will develop tribal allocations and 
regulations in consultation with the affected tribe(s) and, insofar as 
possible, with tribal consensus.


Sec.  660.519  Scientific observers.

    All fishing vessels operating in the coastal pelagic species 
fishery, including catcher/processors, at-sea processors, and vessels 
that harvest in Washington, Oregon, or California and land catch in 
another area, may be required to accommodate NMFS- certified observers 
aboard to collect scientific data. An observer program will be 
considered only for circumstances where other data collection methods 
are deemed insufficient for management of the fishery. Any observer 
program will be implemented in accordance with Sec.  660.517.
[FR Doc. 01-21511 Filed 8-24-01; 8:45 am]
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