Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations 28783 

2015, a non-excepted, interstate CDL 

holder without medical certification 

status information on the CDLIS motor 

vehicle record is designated ‘‘notcertified’’ to operate a CMV in interstate 

commerce. After January 30, 2015 and 

through June 21, 2021, a motor carrier 

may use a copy of the driver’s current 

medical examiner’s certificate that was 

submitted to the State for up to 15 days 

from the date it was issued as proof of 

medical certification. 

* * * * * 

(9) * * * 

(ii) Through June 21, 2021, for drivers 

required to have a CDL, a note relating 

to verification of medical examiner 

listing on the National Registry of 

Certified Medical Examiners required by 

§ 391.23(m)(2). 

* * * * * 

Issued under authority delegated in 49 CFR 

1.87 on: June 15, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–13314 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170901861–8524–02] 

RIN 0648–BH08 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Biennial Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

annual harvest specifications and 

management measures to establish 

allowable catch levels for Pacific 

mackerel for the fishing years 2017– 

2018 and 2018–2019. The harvest 

guideline (HG) and annual catch target 

(ACT) for the 2017–2018 fishing year are 

26,293 metric tons (mt) and 25,293 mt, 

respectively. The HG and ACT for the 

2018–2019 fishing year are 23,840 mt 

and 22,840 mt, respectively. The ACT 

serves as the primary directed 

commercial harvest quotas. If the fishery 

attains the ACT in either fishing year, 

the directed fishery will close, reserving 

the difference between the HG and ACT 

as a 1,000 mt set-aside for incidental 

landings in other fisheries. If the HG is 

reached, all retention would be 

prohibited through the end of the 

fishing year. This rule is intended to 

conserve and manage the Pacific 

mackerel stock off the U.S. West Coast. 

DATES: Effective July 23, 2018 through 

June 30, 2019. 

ADDRESSES: Copies of the report, 

‘‘Pacific Mackerel Biomass Projection 

Estimate for USA Management in 2017– 

2018 and 2018–2019’’ may be obtained 

from the West Coast Regional Office, 

501 W Ocean Blvd., Ste. 4200, Long 

Beach, CA 90802–4250. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 1801 

et seq., NMFS manages the Pacific 

mackerel fishery in the U.S. Exclusive 

Economic Zone off the West Coast in 

accordance with the Coastal Pelagic 

Species (CSP) Fishery Management Plan 

(FMP). The CPS FMP and its 

implementing regulations require NMFS 

to set annual harvest specifications for 

the Pacific mackerel fishery based on 

the annual specification framework and 

control rules in the FMP. The control 

rules in the CPS FMP include the HG 

control rule, which in conjunction with 

the overfishing limit (OFL) and 

acceptable biological catch (ABC) rules, 

are used to manage harvest levels for 

Pacific mackerel. According to the FMP, 

the quota for the principal commercial 

fishery, the HG, is determined using the 

FMP-specified HG formula. The HG is 

based, in large part, on the current 

estimate of stock biomass. The biomass 

estimate is an explicit part of the 

various harvest control rules for Pacific 

mackerel, and as the estimated biomass 

decreases or increases from one year to 

the next, the resulting allowable catch 

levels similarly trend. More information 

on the Pacific Fishery Management 

Council’s (Council) process for 

developing Pacific mackerel harvest 

specifications and more detail on the 

HG control rule are provided in the 

proposed rule for this action (82 FR 

56204) and are not repeated here. 

The purpose of this final rule is to 

implement these harvest specifications, 

which include allowable harvest levels 

(ACT, HG, annual catch limit (ACL)), as 

well as annual catch reference points 

(OFL and ABC) that take into 

consideration uncertainty surrounding 

the current biomass estimates for Pacific 

mackerel for the 2017–2018 and 2018– 

2019 fishing years. As described above, 

the Pacific mackerel HG control rule is 

the primary mechanism for setting the 

annual commercial fishery quota, 

however the Council recommended, and 

NMFS is implementing, ACTs under the 

HG that will trigger a closure of directed 

commercial fishing for Pacific mackerel 

and incidental harvest provisions. The 

reason for instituting an ACT and 

closing directed fishing at the ACT 

instead of all commercial catch at the 

HG, is that Pacific mackerel commonly 

school with other CPS; the 1,000 mt 

buffer between the ACT and HG would 

allow for the continued prosecution of 

these other important CPS fisheries after 

the ACT for Pacific mackerel is attained. 

The OFL is the catch level above which 

overfishing would be occurring and the 

ABC is set below the OFL to account for 

scientific uncertainty in the OFL. The 

ACL can be set equal to or less than the 

ABC if necessary to ensure overfishing 

does not occur and serves as the basis 

to invoke management controls that can 

prevent the ACL from being exceeded 

and to correct or mitigate overages of the 

ACL if they occur, and can be set no 

higher than the ABC. 

The Council recommended, and 

NMFS is implementing, Pacific 

mackerel harvest specifications and 

management measures for both the 

2017–2018 and 2018–2019 fishing years. 

For the 2017–2018 Pacific mackerel 

fishing year these include an OFL of 

30,115 mt, an ABC and ACL of 27,510 

mt, a HG of 26,293 mt, and an ACT of 

25,293 mt. For the 2018–2019 Pacific 

mackerel fishing year these include an 

OFL of 27,662 mt, an ABC and ACL of 

25,269 mt, a HG of 23,840 mt, and an 

ACT of 22,840 mt. The Pacific mackerel 

fishing season runs from July 1 to June 

30. These catch specifications are based 

on the control rules established in the 

CPS FMP and biomass estimates of 

143,403 mt (2017–2018) and 131,724 mt 

(2018–2019). These biomass estimates 

are the result of the NMFS Southwest 

Fishery Science Center’s Pacific 

mackerel stock assessment completed in 

June 2015, and a subsequent catch-only 

projection estimate completed in June 

2017. The Council’s Scientific and 

Statistical Committee approved the 

biomass estimates from the assessment 

and catch-only projection estimate as 

the best available scientific information 

for management at its June 2017 meeting 

(see ADDRESSES). 

Upon the unlikely attainment of the 

ACT in either fishing year, directed 

fishing would close, reserving the 

difference between the HG and ACT 

(1,000 mt) as a set aside for incidental 

landings in other fisheries and other 

sources of mortality. For the remainder 

of the fishing year, incidental landings 

would be constrained to a 45-percent 

incidental catch allowance when Pacific 


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28784 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations 

1The following directed fisheries would be 

allowed to continue: (i) Fishing for live bait and (ii) 

minor directed fishing (after March 16, 2018) until 

the HG is taken, provided the amount retained does 

not exceed 1 mt per day per vessel or person, and 

which is limited to 1 fishing trip per day by any 

vessel. 

mackerel are landed with other CPS (in 

other words, no more than 45 percent by 

weight of the CPS landed per trip may 

be Pacific mackerel) or up to 3 mt of 

Pacific mackerel could be landed 

incidentally in non-CPS fisheries.1

Upon attainment or projected 

attainment of the HG, no retention of 

Pacific mackerel would be allowed even 

as incidental catch. Limited incidental 

landing of Pacific mackerel in other 

fisheries, particularly other CPS 

fisheries, is necessary when the directed 

fishery is closed to reduce potential 

discarding of Pacific mackerel and allow 

for continued prosecution of other 

important stocks that may school with 

Pacific mackerel. 

The NMFS West Coast Regional 

Administrator will publish a notice in 

the Federal Register announcing the 

date of any closure of either: (1) 

Directed fishing, when harvest levels 

near or attain the ACT; or (2) retention, 

including by incidental fishing, when 

harvest levels near or attain the HG. 

Additionally, to ensure the regulated 

community is informed of closures, 

NMFS will make announcements 

through all other means available, 

including fax, email, and mail to 

fishermen, processors, and state fishery 

management agencies. This rule would 

also add paragraph (p) to the 

prohibitions section at 50 CFR 660.505 

referencing the prohibition on retention, 

possession, or landing of Pacific 

mackerel for the remainder of the year 

after the closure date specified in the 

Federal Register notice published by 

the Regional Administrator. 

On November 28, 2017, a proposed 

rule was published in the Federal 

Register (82 FR 56204) soliciting public 

comments through December 28, 2017. 

NMFS did not receive any relevant 

public comments on the proposed rule. 

In the SUMMARY section of the 

proposed rule only, NMFS mistakenly 

stated that the 1,000-mt set aside would 

be reserved ‘‘for incidental landings in 

other CPS fisheries and other sources of 

mortality.’’ In fact, as stated in the rest 

of the proposed rule and throughout this 

rule, the 1,000-mt set aside is reserved 

for incidental landings in other fisheries 

(not just CPS fisheries) and other 

sources of mortality. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

CPS FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

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 action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: June 18, 2018. 

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 amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 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. 

■ 2. In § 660.505, add a new paragraph 

(p) to read as follows: 

§ 660.505 Prohibitions. 

* * * * * 

(p) Retain, possess or land Pacific 

mackerel after an announcement under 

§ 660.511(j) that the harvest guideline 

has been taken or is projected to be 

reached soon. 

■ 3. In § 660.511, add paragraphs (i) and 

(j) to read as follows: 

§ 660.511 Catch restrictions. 

* * * * * 

(i) The following harvest 

specifications apply for Pacific 

mackerel: 

(1) For the Pacific mackerel fishing 

season July 1, 2017, through June 30, 

2018, the harvest guideline is 26,293 mt 

and the ACT is 25,293 mt; 

(2) For the Pacific mackerel fishing 

season July 1, 2018, through June 30, 

2019, the harvest guideline is 23,840 mt 

and the ACT is 22,840 mt. 

(j) When an ACT in paragraph (i) of 

this section has been reached or is 

projected to be reached soon, then for 

the remainder of the Pacific mackerel 

fishing season, Pacific mackerel may not 

be targeted and landings of Pacific 

mackerel may not exceed 45 percent of 

landings when Pacific mackerel are 

landed with other CPS (in other words, 

no more than 45 percent by weight of 

the CPS landed per trip may be Pacific 

mackerel), except that up to 3 mt of 

Pacific mackerel may be landed without 

landing any other CPS. When a harvest 

guideline in paragraph (i) of this section 

has been reached or is projected to be 

reached soon, no further retention of 

Pacific mackerel is allowed through the 

end of the Pacific mackerel fishing 

season. The Regional Administer shall 

announce in the Federal Register the 

date that an ACT or the harvest 

guideline is reached or is expected to be 

reached, and the date and time that the 

restrictions described in this paragraph 

go into effect. 

[FR Doc. 2018–13337 Filed 6–20–18; 8:45 am] 

BILLING CODE 3510–22–P 


pmangrum on DSK30RV082PROD with RULES