[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Proposed Rules]
[Pages 64161-64162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25527]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140909772-4772-01]
RIN 0648-BE52


Fisheries Off West Coast States; Control Date for Large-Mesh 
Drift Gillnet Limited Entry Program

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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

SUMMARY: This ANPR announces a control date of June 23, 2014, that may 
be used as a reference for allocation decisions when considering 
potential future management actions to limit the number of participants 
in the large-mesh drift gillnet (DGN) fishery that targets swordfish 
and thresher sharks. The Pacific Fishery Management Council (Council) 
selected the June 23, 2014, control date based on discussions at its 
June meeting. The Council requested this ANPR to discourage speculative 
fishing effort as they review the current state-managed DGN limited 
entry program and consider establishing a federally-managed limited 
entry program for this fishery. This ANPR is intended to promote public 
awareness of the Council's interest and the potential for a future 
rulemaking.

DATES: June 23, 2014, shall be known as the control date for the large-
mesh DGN fishery and may be used as a reference for allocations in a 
future management program that is consistent with the Council's 
objectives and applicable federal laws. Comments must be submitted in 
writing by November 28, 2014.

[[Page 64162]]


ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0119, 
by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0119, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Mark Helvey, NMFS West 
Coast Region, 501 W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802. 
Attn: DGN Control Date.
    Instructions: 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 by NMFS. 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.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Mark Helvey: (562) 980-4040, or 
[email protected].

SUPPLEMENTARY INFORMATION: The DGN fishery targets swordfish and 
thresher shark and was managed by the State of California until 2004 
when NMFS implemented the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP). The Council's 
adoption of the HMS FMP resulted in incorporation of all pre-existing 
state and Federal regulations at 50 CFR 660, subpart K, except for 
those pertaining to the state of California's DGN limited entry 
program. The 2004 HMS FMP also established a control date of March 9, 
2000, for all HMS fisheries in case a limited entry program was needed 
in the future. Control dates are used to establish a date after which 
those who enter a fishery may not be guaranteed access to that fishery 
if access be limited by regulation. Because of the changes occurring in 
the fishery since 2004, the Council decided to establish a more recent 
date for the DGN fishery.
    At its March and June 2014 meetings, the Council discussed issuing 
a more recent control date specific to the DGN fishery in the event 
that it decides to recommend a Federal limited entry permit. The 
discussions included a report on the current status of DGN permits. The 
total number of permits issued by the state of California in 2013 was 
77; however, only about 25 of those actively fished with DGN gear since 
2010. The remaining inactive or latent permits represent available, but 
unused, fishing opportunity. If the inactive or latent permits were to 
become active, this could increase fishing and pose greater risks to 
protected species.
    This notification establishes June 23, 2014, as the new control 
date for potential use in determining historical or traditional 
participation in the large-mesh DGN fishery. The Council requested that 
NMFS publish this control date to discourage speculative fishing effort 
in the DGN fishery while alternative management regimes to control 
effort are discussed, possibly developed, and implemented. Interested 
participants should locate and preserve records that substantiate and 
verify their participation in the large-mesh DGN fishery.
    This notification and control date do not impose any legal 
obligations, requirements, or expectations. Consideration of a control 
date does not commit the Council or NMFS to develop any particular 
management regime or criteria for participation in this fishery. In the 
future, the Council may choose a different control date; or may choose 
a management program that does not make use of a control date. The 
Council may also choose to not take further action to control entry or 
access to the large-mesh DGN fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA). Action by the Council may be 
adopted in a future amendment to the HMS FMP, which would include 
opportunity for further public participation and comment. Any future 
action by NMFS regarding the DGN fishery will be taken pursuant to the 
MSA.

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

    Dated: October 22, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-25527 Filed 10-27-14; 8:45 am]
BILLING CODE 3510-22-P