[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75070-75072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29555]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140904753-4999-01]
RIN 0648-BE34


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Regulatory Amendment to Pacific Coast Groundfish Fisheries Trawl 
Rationalization Program for the Start of 2015

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

ACTION: Final rule.

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SUMMARY: This action revises regulations for the Pacific coast

[[Page 75071]]

groundfish fishery with an implementation date of January 1, 2015. 
Final implementation of the 2015-2016 biennial harvest specifications 
and management measures will be delayed beyond January 1, 2015. NMFS 
has identified two issues that must be addressed prior to January 1, 
2015, to prevent interruption of ongoing fisheries and to allow harvest 
of the total allowable and available groundfish. This action addresses 
those issues by revising groundfish regulations in two ways. First, 
this action reinstates a mechanism whereby NMFS can issue interim 
groundfish allocations at the beginning of the year in years when 
annual groundfish harvest specifications are not yet finalized, as is 
the case for January 1, 2015. Second, this action amends regulations to 
allow NMFS to issue that portion of the allowable catch currently 
allocated to an Adaptive Management Program (AMP) to quota shareholders 
until final criteria and a process for distribution of the AMP quota 
shares is developed and implemented.

DATES: Effective December 17, 2014.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR) and 
Regulatory Flexibility certification analysis, categorical exclusion 
memorandum, and Environmental Assessment (EA) may be obtained from the 
National Marine Fisheries Service (NMFS) West Coast Regional office in 
Seattle, at 7600 Sand Point Way Northeast, Seattle, Washington 98115, 
phone: 206-526-6150.

FOR FURTHER INFORMATION CONTACT: Miako Ushio, phone: 206-526-4644; or 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the NMFS West 
Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Council's Web site at http://www.pcouncil.org.

Background

    Biennial specifications for groundfish harvest will not be 
available by January 1, 2015. This final rule resolves two issues that 
must be addressed prior to January 1, 2015, to prevent interruption of 
ongoing fisheries and to allow harvest of the total allowable and 
available groundfish. First, this action reinstates provisions allowing 
NMFS to issue Pacific whiting and non-whiting groundfish species quota 
pounds (QP) to current quota shareholders in the Shorebased Individual 
Fishing Quota Program based on conservative estimates in years, such as 
2015, when harvest specifications of those species are not known by 
January 1. Second, the 10 percent of non-whiting quota share (QS) 
reserved for an AMP, that has not yet been established, will continue 
to be `passed through' to the fishery. This 10 percent will be issued 
to current QS holders in proportion to their non-whiting QS until 
implementation of appropriate AMP regulations. NMFS is extending the 
pro rata pass-through so that the fish authorized for harvest through 
the biennial specifications process will continue to be available to 
benefit the fishing industry, dependent communities, and consumers.
    This final rule implements the same regulations that were described 
in detail in the proposed rule that published on October 10, 2014 (79 
FR 61272). See the preamble to the proposed rule for additional 
background information on the fishery and on the regulations 
implemented in this final rule.

Comments and Responses

    The proposed rule for this action published in the Federal Register 
on October 10, 2014 at 79 FR 61272, with a comment period that closed 
on November 10, 2014. NMFS received no comments.

Classification

    The Administrator, West Coast Region, NMFS, had determined that the 
regulations allowing NMFS to issue interim allocations and to continue 
issuance of AMP pounds to quota shareholders in the Shorebased IFQ 
Program, which this final rule implements, are consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws.
    NMFS finds good cause to waive part of the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule 
may become effective on December 17, 2014. Leaving the 2014 harvest 
specifications and management measures in place could cause harm to 
some stocks because those management measures are not based on the most 
current scientific information; it could also cause drastic management 
changes later in the year to prevent exceeding some lower 2015 harvest 
specifications once they are implemented. Further, it would be contrary 
to the public interest to delay implementation of the AMP pass-through, 
because making this regulatory change allows harvest to continue as 
intended by the Council, consistent with the best scientific 
information available. Delaying this rule could cause economic harm to 
fishery participants because inaccurate amounts of QP could be issued 
pending finalization of the 2015 harvest specifications. This rule does 
not impose any new requirements or burdens on fishery participants, so 
there is no need to allow additional time for participants to make gear 
changes or change their fishing practices. These reasons constitute 
good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness.
    An Environmental Assessment (EA) was prepared for the pass-through 
of adaptive management quota pounds portion of this proposed action, 
and can be found on the NMFS' Groundfish Trawl Catch Share Web site at 
www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares. In 
approving the regulations allowing NMFS to continue issuance of AMP 
pounds to quota shareholders in the Shorebased IFQ Program, NMFS issued 
a Finding of No Significant Impact (FONSI) identifying the selected 
alternatives. A copy of the FONSI is available from NMFS (see 
ADDRESSES).
    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. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: December 11, 2014.
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. and 16 U.S.C. 773 et seq.


0
2. In Sec.  660.140, revise paragraphs (d)(1)(ii)(A) introductory text,

[[Page 75072]]

(d)(1)(ii)(A)(1) and (2), (d)(1)(ii)(B)(1) and (2), and paragraph 
(l)(2) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) Non-whiting QP annual sub-allocations. NMFS will issue QP for 
IFQ species other than Pacific whiting and Pacific halibut annually by 
multiplying the QS permit owner's QS for each such IFQ species by that 
year's shorebased trawl allocation for that IFQ species. Deposits to QS 
accounts for IFQ species other than Pacific whiting and Pacific halibut 
will be made on or about January 1 each year. Until the implementation 
of any regulatory changes developed pursuant to the first program 
review for the trawl rationalization program, the resulting AMP QP will 
be issued to all QS permit owners in proportion to their non-whiting 
QS.
    (1) In years where the groundfish harvest specifications are known 
by January 1, deposits to QS accounts for IFQ species will be made on 
or about January 1.
    (2) In years where the groundfish harvest specifications are not 
known by January 1, NMFS will issue QP in two parts. On or about 
January 1, NMFS will deposit QP based on the shorebased trawl 
allocation multiplied by the lower end of the range of potential 
harvest specifications for that year. After the final harvest 
specifications are established later in the year, NMFS will deposit 
additional QP to the QS account.
* * * * *
    (B) * * *
    (1) In years where the Pacific whiting harvest specification is 
known by January 1, deposits to QS accounts for Pacific whiting will be 
made on or about January 1.
    (2) In years where the Pacific whiting harvest specification is not 
known by January 1, NMFS will issue Pacific whiting QP in two parts. On 
or about January 1, NMFS will deposit Pacific whiting QP based on the 
shorebased trawl allocation multiplied by the lower end of the range of 
potential harvest specifications for Pacific whiting for that year. 
After the final Pacific whiting harvest specifications are established 
later in the year, NMFS will deposit additional QP to QS accounts.
* * * * *
    (l) * * *
    (2) AMP QP pass through. The 10 percent of non-whiting QS will be 
reserved for the AMP, but the resulting AMP QP will be issued to all QS 
permit owners in proportion to their non-whiting QS until the 
implementation of any regulatory changes developed pursuant to the 
first program review for the trawl rationalization program.

[FR Doc. 2014-29555 Filed 12-16-14; 8:45 am]
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