[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Page 26902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12070]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160728670-6904-01]
RIN 0648-BG23


Fisheries Off West Coast States; Highly Migratory Fisheries; 
California Drift Gillnet Fishery; Protected Species Hard Caps for the 
California/Oregon Large-Mesh Drift Gillnet Fishery

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The National Marine Fisheries Service (NMFS) withdraws a 
proposed rule proposing to establish strict limits, termed ``hard 
caps,'' for the California/Oregon large-mesh drift gillnet (DGN) 
fishery on interactions with certain protected species under Magnuson-
Stevens Fishery Conservation and Management Act authority. NMFS 
published the proposed rule in the Federal Register on October 13, 
2016. After careful consideration, NMFS has decided that the proposed 
changes discussed in the proposed rule are not warranted at this time.

DATES: The proposed rule published on October 13, 2016 (81 FR 70660), 
is withdrawn as of June 12, 2017.

FOR FURTHER INFORMATION CONTACT: Lyle Enriquez, West Coast Region, 
NMFS, (562) 980-4025, [email protected].

SUPPLEMENTARY INFORMATION: In September 2015, the Pacific Fishery 
Management Council (Council) recommended NMFS implement regulations for 
the DGN fishery that included two-year rolling hard caps on observed 
mortality and injury to certain protected species during the May 1 to 
January 31 fishing season each year. The Council transmitted its 
proposed regulations for implementing hard caps to NMFS on September 
23, 2016. Under the proposed regulations, caps would have been 
established for five marine mammal species and four sea turtle species. 
When any of the caps were reached, the fishery would have been closed 
for the rest of the fishing season and possibly through the following 
season. The length of any closure would have depended on when during 
the two-year period a cap was reached.
    NMFS published a proposed rule to implement the Council's 
recommendation to establish protected species hard caps in the Federal 
Register on October 13, 2016, (81 FR 70660). Supporting documents 
included a draft Environmental Assessment (EA), an Initial Regulatory 
Flexibility Analysis, and draft Regulatory Impact Review (RIR). During 
the proposed rule's comment period, NMFS received a request to extend 
the comment period. On November 23, 2016, NMFS published a notice in 
the Federal Register extending the end-date of the comment period for 
the proposed rule from November 28, 2016 to December 28, 2016 (81 FR 
84546).
    Following public comment, NMFS completed a final EA, Final 
Regulatory Flexibility Analysis, and RIR (posted at https://www.regulations.gov/docket?D=NOAA-NMFS-2016-0123). As a result of its 
analysis of the effects of the proposed rule, NMFS has decided that the 
changes covered in the proposed rule from 2016 are not warranted at 
this time. Therefore, NMFS is withdrawing the proposed rule published 
in the Federal Register on October 13, 2016 (81 FR 70660).

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

    Dated: June 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-12070 Filed 6-9-17; 8:45 am]
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