[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Proposed Rules]
[Pages 31884-31885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150112035-5035-01]
RIN 0648-BE80


Fisheries Off West Coast States; Highly Migratory Species Fishery 
Management Plan; Revision to Prohibited Species Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing regulations under the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) to revise the prohibited 
species regulations so that each of the exceptions to the policy in the 
Fishery Management Plan are explicitly identified in the regulations. 
The specific exceptions will allow HMS fishermen to retain: (1) Salmon 
and Pacific halibut, if all of the necessary regulations for those 
respective fisheries are followed; and (2) basking, megamouth, and 
great white sharks, if they are sold or donated to a scientific or 
educational organization. This action is necessary to more accurately 
reflect the intent of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP).

DATES: Comments must be received on or before June 19, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0006, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0006, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Taylor Debevec, NMFS West 
Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long 
Beach, CA 90802. Include the identifier ``NOAA-NMFS-2015-0006'' in the 
comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. 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. 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.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal eRulemaking Portal: 
http://www.regulations.gov, docket NOAA-NMFS-2015-0006 or contact the 
Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 
7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS, 562-980-4066.

SUPPLEMENTARY INFORMATION:

Background

    The HMS FMP was implemented in a final rule published on April 7, 
2004 (69 FR 18444). NMFS was recently informed of a discrepancy between 
the implementing regulations and the intent of the HMS FMP regarding 
the policy on prohibited species. The HMS FMP identifies several fish 
as ``prohibited species'' (salmon, Pacific halibut, basking shark, 
megamouth shark, and great white shark) that cannot be retained in HMS 
fisheries, with the following exceptions: (1) Any can be kept for 
examination by an authorized observer or to return tagged fish as 
specified by the tagging agency; (2) salmon and Pacific halibut can be 
kept provided all applicable state and Federal regulations are followed 
(e.g., gear, permits, season, fishing area); and (3) basking, 
megamouth, and great white sharks can be kept provided they are sold or 
donated to recognized scientific and educational organizations for 
research or display purposes. The implementing regulations, however, 
only identify the first exception above; the second and third are not 
included in the regulations. The prohibited species policy of the FMP 
was designed with the second and third exceptions to: Prevent salmon 
and Pacific halibut from being retained as incidental catch in HMS 
fisheries, and not preclude fishermen from legally participating in 
salmon and Pacific halibut fisheries (permits, closures, gears, etc.); 
and discourage targeting of the rare and low productivity sharks, and 
not waste them if caught.
    The current regulations refer to prohibited species in three 
sections of the Code of Federal Regulations (in title 50 part 660 
subpart K), which, collectively, do not convey the full prohibited 
species policy of the HMS FMP. The definition of ``prohibited species'' 
(Sec.  660.702) does not specify a list of prohibited species and is 
vague about the exceptions. The regulations on prohibitions (Sec.  
660.705(e)) describe the action that should be taken if a prohibited 
species is caught (i.e., return the fish to sea), but does not 
incorporate the exceptions. Finally, the regulations on general catch 
restrictions (Sec.  660.711(a)) identify the species that are 
prohibited in HMS fisheries. The lack of clarity and cohesion with the 
HMS FMP has prompted NMFS to modify the three sections of the 
regulations that govern prohibited species.

Proposed Regulations

    The proposed rule would codify at Sec.  660.705(e) the second and 
third exceptions in the prohibited species policy of the HMS FMP, as 
described above. The definition of ``Prohibited species'' at Sec.  
660.702 would be revised to remove the general description of what a 
prohibited species means, and instead simply set forth the species 
names; the prohibited species themselves would not change. As a result, 
the regulations at Sec.  660.711(a), which currently include the 
species names, would be redundant and, therefore, would be deleted. By 
correcting the language at Sec.  660.705(e) to explicitly identify all 
the exceptions and revising the definition of prohibited species, the 
regulations would be consistent with the HMS FMP.

Classification

    The NMFS West Coast Regional Administrator has preliminarily

[[Page 31885]]

determined that this proposed rule is consistent with the MSA and other 
applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule has been determined to be categorically excluded 
from the requirement to prepare an Environmental Assessment under the 
National Environmental Policy Act because the rule falls within the 
scope of alternatives addressed in the environmental impact statement 
(EIS) prepared for the HMS FMP in 2003. The EIS determined that the 
prohibited species policy would ensure that neither the sharks nor the 
strict management of Pacific halibut and salmon are compromised by HMS 
fisheries.
    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
the Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The rationale for the certification is as follows:
    This proposed rule, in accordance with the HMS FMP and the 
recommendation of the Pacific Fishery Management Council, will revise 
the prohibited species regulations so that the exceptions to the policy 
as outlined in the FMP are explicitly identified in the regulations. 
The specific exceptions will allow HMS fishermen to retain: (1) Salmon 
and Pacific halibut if all of the necessary regulations for those 
respective fisheries are followed, and (2) basking, megamouth, and 
great white sharks if they are sold or donated to a scientific or 
educational organization.
    The main entities to which this action would apply are fishermen 
that fish for albacore using surface hook-and-line gear, as they often 
have the opportunity to fish for salmon with the same gear and on the 
same trip. Typically, albacore are available off of the coast of Oregon 
and Washington around May or June, while the salmon season is also 
open. Though albacore is caught beyond 10 miles off the coast, 
fishermen sometimes stop to catch salmon when returning to port and 
generally inside of 5 miles from the coast.
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard for Finfish Fishing from $19.0 million to 
$20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and 
Other Marine Fishing from $7.0 million to $7.5 million. NMFS conducted 
its analysis for this action in light of the new size standards. On 
average, there are 28 commercial vessels, and 4 charter/recreational 
vessels per year that would be impacted by this rule. NMFS considers 
all entities subject to this action to be small entities as defined by 
the revised size standards.
    The clarification of these regulations will enable all fleets to 
operate their businesses as intended by the HMS FMP. This rule is 
expected to have a positive effect on income because HMS fishermen will 
be allowed to retain and sell salmon and halibut (provided the vessel 
is fishing under a salmon or halibut permit). This positive impact is 
expected to be modest, however, because not many fishermen actively 
participate across these fisheries, especially on the same trip. If 
this proposed rule were not finalized, fishermen would be more 
restricted than the HMS FMP intended; they would not be allowed to be 
in possession of, or land, species listed as prohibited while also 
possessing or landing HMS.
    Because each affected vessel is a small business, this proposed 
action is considered to equally affect all of these small entities in 
the same manner. Based on the disproportionality and profitability 
analysis above, the proposed action, if adopted, will not have adverse 
or disproportional economic impact on these small business entities.
    Because this rule would not have a significant economic impact on a 
substantial number of small entities, an Initial Regulatory Flexibility 
Analysis is not required, and one was not prepared for this proposed 
rule.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: May 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended 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.

0
2. In Sec.  660.702, revise the definition for ``Prohibited species'' 
to read as follows:


Sec.  660.702  Definitions.

* * * * *
    Prohibited species means any highly migratory species for which 
quotas or catch limits under the FMP have been achieved and the fishery 
closed; salmon; great white shark; basking shark; megamouth shark; and 
Pacific halibut.
* * * * *
0
3. In Sec.  660.705, revise paragraph (e) to read as follows:


Sec.  660.705  Prohibitions.

* * * * *
    (e) When fishing for HMS, fail to return a prohibited species to 
the sea immediately with a minimum of injury, except under the 
following circumstances:
    (1) Any prohibited species may be retained for examination by an 
authorized observer or to return tagged fish as specified by the 
tagging agency.
    (2) Salmon may be retained if harvested in accordance with subpart 
H of this part, and other applicable law.
    (3) Great white sharks, basking sharks, and megamouth sharks may be 
retained if incidentally caught and subsequently sold or donated to a 
recognized scientific or educational organization for research or 
display purposes.
    (4) Pacific halibut may be retained if harvested in accordance with 
part 300, subpart E of this title, and other applicable law.
* * * * *


Sec.  660.711  [Amended]

0
4. In Sec.  660.711, remove paragraph (a) and redesignate paragraphs 
(b) through (d) as (a) through (c).

[FR Doc. 2015-13637 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-22-P