[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8335-8336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3247]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[I.D. 012607A]
RIN 0648-AU26


Fisheries Off West Coast States; Coastal Pelagic Species Fishery; 
Amendment 12 to the Coastal Pelagic Species Fishery Management Plan

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

[[Page 8336]]


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

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 12 to the Coastal Pelagic Species 
(CPS) Fishery Management Plan (FMP) for Secretary of Commerce review. 
The intent of Amendment 12 to the CPS FMP is to protect all species of 
krill off the West Coast (i.e., California, Oregon and Washington). 
This action would prohibit the harvest of all species of krill by any 
fishing vessel operating in the Exclusive Economic Zone (EEZ) off the 
West Coast and would deny the use of exempted fishing permits to allow 
krill fishing.

DATES: Comments on Amendment 12 must be received by April 27, 2007.

ADDRESSES: You may submit comments on this NOA identified by ``I.D. 
012607-NOA'' by any of the following methods:
     E-mail: [email protected]. Include the I.D. number in 
the subject line of the message.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
     Fax: (562) 980-4047.
    Copies of Amendment 12, which includes an Environmental Assessment/
Initial Regulatory Flexibility Analysis/Regulatory Impact Review, are 
available from Donald O. McIssac, Executive Director, Pacific Fishery 
Management Council, 7700 NE Ambassador Place, Suite 200, Portland, OR 
97220-1384.

FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Sustainable 
Fisheries Division, NMFS, at 562-980-4034 or Mike Burner, Pacific 
Fishery Management Council, at 503-820-2280.

SUPPLEMENTARY INFORMATION: The CPS fishery in the EEZ off the West 
Coast is managed under the CPS FMP, which was developed by the Council 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). The CPS FMP was approved by the Secretary 
of Commerce and was implemented by regulations that can be found at 50 
CFR part 660, subpart I.
    The Magnuson-Stevens Act requires each Regional Fishery Management 
Council to submit any amendment to an FMP to NMFS for review and 
approval, disapproval, or partial approval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving an amendment to an FMP, publish 
notification in the Federal Register that the amendment is available 
for public review and comment. NMFS will consider the public comments 
received during the comment period described above in determining 
whether to approve, disapprove, or partially approve Amendment 12.
    As the principal food source for many fish and non-fish species, 
krill are a critical component of the marine ecosystem. Off the West 
Coast krill are important prey for a variety of fish species, including 
many Council-managed stocks. Krill are also a principal food source for 
many species of marine mammals and seabirds; some of which are listed 
as threatened or endangered and warrant special efforts for protection 
and recovery. Protecting krill will likely minimize adverse impacts on 
these fish stocks and living marine resources and in turn, help to 
maintain ecological relationships and ensure the long-term health and 
productivity of the West Coast ecosystem. Amendment 12 is an attempt to 
incorporate ecosystem conservation principles into fishery management 
programs by protecting, to the extent practicable, krill resources, 
which are an integral part of that ecosystem.
    At this time, while a krill fishery off the U.S. West Coast does 
not exist, there also are no Federal regulations that limit fishing for 
krill in the EEZ. The states of Washington, Oregon, and California 
prohibit their vessels from fishing for krill and prohibit landings of 
krill into their respective ports. However, these prohibitions would 
not prevent a fishery from developing in the West Coast EEZ by vessels 
from outside of the region, as long as landings were not made into a 
West Coast port.
    If adopted, Amendment 12 would add all species of krill as a 
management unit species under the CPS FMP and would place krill under a 
newly established ``prohibited harvest species'' category. This new 
category would differ from the existing ``prohibited species'' 
definition in the FMP because ``prohibited harvest species'' may not be 
taken by any fishery or gear type in the U.S. EEZ. Optimum yield (OY) 
for krill would be zero and the harvest of krill would be prohibited. 
In contrast, ``prohibited species'' may not be taken and retained 
incidentally by CPS fishery participants, but are legally harvested 
under provisions in other Council FMPs and Federal regulations. 
Amendment 12 also proposes that no exempted fishing permits (EFPs) be 
issued under the EFP procedures of the CPS FMP to allow individuals to 
harvest krill as an exception to the prohibition of harvest. These 
actions would fully achieve the objectives of the amendment to the 
extent practicable, recognizing that environmental conditions and the 
responses of krill and other resources to changes in environmental 
conditions are beyond the control of the Council.
    NMFS and the Council have considered the potential for development 
of a krill fishery and the potentially drastic effects a fishery could 
have on krill resources and on the fish and other species, such as 
birds and mammals, that are dependent on, or that are sensitive to, the 
abundance and availability of krill. The Council has agreed it is 
critical to take preventive action at this time to ensure that a krill 
fishery will not develop that could potentially harm krill stocks, and 
in turn harm other fish and non-fish stocks. Therefore, NMFS proposes 
to prohibit krill fishing in the EEZ off the West Coast.
    Public comments on Amendment 12 must be received by April 27, 2007, 
to be considered by NMFS in the decision whether to approve, 
disapprove, or partially approve Amendment 12. A proposed rule to 
implement Amendment 12 has been submitted for Secretarial review and 
approval. NMFS expects to publish and request public comment on the 
proposed regulation to implement Amendment 12 in the near future.

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

    Dated: February 20, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-3247 Filed 2-23-07; 8:45 am]
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