[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Rules and Regulations]
[Pages 76914-76917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30014]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 130904784-4999-02]
RIN 0648-BD67


Fisheries Off West Coast States; List of Authorized Fisheries and 
Gear

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

ACTION: Final rule.

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SUMMARY: This action updates the Federal list of authorized fisheries 
and gear issued under section 305(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (``List of Fisheries''). The List of 
Fisheries includes a description of fisheries that operate in the U.S. 
West Coast Exclusive Economic Zone (EEZ), the Pacific Fishery 
Management Council's (Council's) geographic area of authority. This 
action is necessary because the current list is outdated and either 
includes several fisheries that no longer occur, or does not include 
fisheries that do occur, within the U.S. West Coast EEZ. This rule 
would bring the list up to date with current West Coast fisheries and 
fishery management plans (FMPs).

DATES: Effective January 22, 2015.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting the Sustainable Fisheries Division, NMFS 
West Coast Region, 7600 Sand Point Way NE., Seattle, WA 98115. This 
final rule also is accessible via the Internet at the Federal 
eRulemaking portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6129, (fax) 
206-526-6736, <a href="/cdn-cgi/l/email-protection#c49db2abaaaaa1eaa0a196a1bdaaada1b684aaaba5a5eaa3abb2"><span class="__cf_email__" data-cfemail="520b243d3c3c377c363700372b3c3b3720123c3d33337c353d24">[email protected]</span></a>; Joshua Lindsay, 562-980-4034, 
562-980-4047, <a href="/cdn-cgi/l/email-protection#357f5a465d40541b795c5b5146544c755b5a54541b525a43"><span class="__cf_email__" data-cfemail="b7fdd8c4dfc2d699fbded9d3c4d6cef7d9d8d6d699d0d8c1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 305(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) requires that the 
Secretary of Commerce maintain a list of all fisheries operating in the 
U.S. EEZ and all fishing

[[Page 76915]]

gear used in such fisheries (16 U.S.C. 1855(a)). This section of the 
MSA further prohibits any person or vessel from employing fishing gear 
or engaging in a fishery not included on the List of Fisheries 
``without giving 90 days advance written notice to the appropriate 
Council.'' Fishery management councils are authorized to submit changes 
to the list to the Secretary of Commerce as each council deems 
appropriate, after which the Secretary must publish a revised list 
after providing notice of the changes to the public and after providing 
an opportunity for public comment on those changes (16 U.S.C. 
1855(a)(4)). On August 7, 2014 (79 FR 46214), NMFS published a proposed 
rule to update 50 CFR 600.725(v), Section VI, the section of the List 
of Fisheries that applies to fisheries occurring within the U.S. West 
Coast EEZ. The Council recommended revising and updating the List of 
Fisheries at its September 2013 meeting, after reviewing all of the 
fisheries occurring within the West Coast EEZ and after taking comments 
from West Coast states, tribes and members of the public. Through this 
final rule, NMFS implements the Council's recommended revisions to the 
List of Fisheries, with no changes or edits. The regulatory text 
published in the proposed rule for this action has not been changed for 
this final rule.

Comments and Responses

    In the proposed rule, NMFS solicited public comment through 
September 8, 2014. During the comment period, NMFS received two letters 
of comment. One letter of comment, received from a member of the 
public, requested that the Council update the northern anchovy stock 
assessment. The proposed rule to update the List of Fisheries does not 
address the northern anchovy stock assessment; therefore, that letter 
is not relevant to this action.
    Comment: NMFS received a letter from an environmental non-
government entity providing qualified support for the rule, but 
expressing concern that with the proposed revisions, the List of 
Fisheries is still not narrow enough to ensure that the Council will be 
notified if anyone attempts to develop a new fishery on currently 
unfished squid species (Line 10 of Section VI at 50 CFR 600.725(v)) or 
on those finfish and invertebrate not explicitly listed in Lines 1-18 
of Section VI (See Line 19 of Section VI at 50 CFR 600.725(v)). This 
commenter also suggested that the Council review and update the List of 
Fisheries on a regular basis, as part of its reviews of its Fishery 
Ecosystem Plan.
    Response: The Council's recommended revisions to the List of 
Fisheries, published in the proposed rule and implemented in this final 
rule, update the previously broad and outdated List of Fisheries. NMFS 
disagrees with the commenter's assertion that the revised List of 
Fisheries is overly broad at Lines 10 and 19. Line 10, which addresses 
squid species other than market squid (Doryteuthis opalescens) and 
octopus, is intended to include all existing fisheries for those 
species groups. There are some West Coast cephalopod harvests other 
than in the market squid fishery, particularly in those years that 
populations of certain squid species (e.g. Dosidicus gigas, Humboldt 
squid) appear in the EEZ in unpredictably significant quantities. 
Without Line 10 of Section VI at 50 CFR 600.725(v), the List of 
Fisheries could exclude existing cephalopod fisheries, which would be 
contrary to the purpose of the List of Fisheries to include existing 
fisheries.
    Line 19 of Section VI at 50 CFR 600.725(v) covers all finfish and 
invertebrate fisheries not listed in the rest of the table at Section 
VI and not otherwise prohibited. Line 19 is to be read in the context 
of the rest of Section VI of the List of Fisheries, which details all 
of the major federal and state fisheries that occur within the West 
Coast EEZ. To prepare this rulemaking, the Council, NMFS, and West 
Coast states and tribes, carefully reviewed recent and historic 
commercial landings data from the Pacific States Marine Fisheries 
Commission's Pacific Fisheries Information Network (PacFIN), as well as 
Federal and state recreational fisheries gear requirements and data. As 
explained in the preamble to the proposed rule for this action, the 
Council's intent in developing its revisions to the List of Fisheries 
was to define existing fisheries in as narrow terms as possible, but 
the Council did not intend to eliminate any existing fisheries, 
including fisheries that might only occur during years when West Coast 
climate conditions were conducive to certain species occurring in 
greater than usual amounts. Lines 1 through 18 of the table at Section 
VI provide a significantly detailed list of West Coast existing 
commercial and recreational fisheries. Line 19 ensures that existing 
small or intermittent commercial and recreational fisheries are not 
unintentionally thwarted by failure to include them on the List of 
Fisheries.
    The MSA does not intend the List of Fisheries as a tool to prohibit 
fishing, but rather as a tool to ensure that the Council is formally 
notified by fisheries participants intending to begin new fisheries. 
The Council is in the process of developing a comprehensive, multi-FMP 
amendment to prohibit the development of commercial fisheries for a 
broad group of currently unfished forage fish species, including those 
squid species mentioned by the commenter. Should anyone begin targeting 
and landing currently unfished forage species between now and the 
completion of the comprehensive FMP amendment, the West Coast state, 
tribal, and federal agencies and the Council will be notified via 
PacFIN landings data.
    NMFS appreciates the commenter's suggestion that Section VI of the 
List of Fisheries be reviewed and updated on a regular basis and as a 
part of the Council's FEP review process. The Council is next scheduled 
to begin reviewing and updating the FEP in 2018 and NMFS will both pass 
that suggestion on to the Council and will preserve the commenter's 
suggestion in the agency's planning file for that review process.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the four U.S. West Coast FMPs, other provisions of the MSA, 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 final rule was developed after meaningful collaboration, 
through the Council process, with the tribal representative on the 
Council. NMFS is not aware of any Treaty Indian tribe or subsistence 
fisheries in the EEZ other than those listed in Sec.  600.725(v). This 
action does not supersede or otherwise affect exemptions that exist for 
Treaty Indian fisheries.

List of Subjects in 50 CFR Part 600

    Administrative practice and procedure, Fisheries, Fishing vessels, 
Marine resources.


[[Page 76916]]


    Dated: December 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons discussed in the preamble, 50 CFR part 600 is 
amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

    Authority:  5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

0
2. In Sec.  600.725, in paragraph (v), Section VI of the table is 
revised to read as follows:


Sec.  600.725  General prohibitions.

* * * * *
    (v) * * *

------------------------------------------------------------------------
                Fishery                       Authorized gear types
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                              * * * * * * *
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                 VI. Pacific Fishery Management Council
------------------------------------------------------------------------
1. Pacific Coast Salmon Fisheries (FMP):
    A. Commercial......................  A. Hook and line.
    B. Recreational....................  B. Hook and line.
2. Pacific Coast Groundfish Fisheries
 (FMP):
    A. Commercial......................  A. Trawl, hook and line, pot/
                                          trap, demersal seine, set net,
                                          spear, and hand collection.
    B. Recreational....................  B. Hook and line, spear.
3. Coastal Pelagic Species Fisheries
 (FMP):
    A. Commercial......................  A. Purse seine, lampara net,
                                          brail net, dip net, cast net,
                                          hook and line.
    B. Recreational....................  B. Hook and line, spear, pot/
                                          trap, dip net, cast net, hand
                                          harvest, rake, harpoon, bow
                                          and arrow.
4. Highly Migratory Species Fisheries
 (FMP):
    A. Commercial......................  A. Hook and line, gillnet,
                                          harpoon, purse seine.
    B. Recreational....................  B. Hook and line, spear,
                                          harpoon, bow and arrow.
5. Pacific Halibut Fisheries (Non-FMP):
    A. Commercial......................  A. Hook and line.
    B. Recreational....................  B. Hook and line, spear.
6. Dungeness Crab Fisheries (Non-FMP):
    A. Commercial......................  A. Pot/trap.
    B. Recreational North of 46[deg]15'  B. Pot/trap, dip net, hand
     N. lat.                              harvest.
    C. Recreational South of 46[deg]15'  C. Pot/trap, hook and line, dip
     N. lat. and North of 42[deg] N.      net, hand harvest, rake, crab
     lat.                                 loop.
    D. Recreational South of 42[deg] N.  D. Pot/trap, hand harvest, hoop
     lat.                                 net, crab loop.
7. Crab Fisheries for Species other
 than Dungeness crab (Non-FMP):
    A. Commercial Pot/Trap Fisheries     A. Pot/trap.
     South of 46[deg]15' N. lat.
    B. Recreational North of 46[deg]15'  B. Pot/trap, dip net, hand
     N. lat.                              harvest.
    C. Recreational South of 46[deg]15'  C. Pot/trap, hook and line, dip
     N. lat. and North of 42[deg] N.      net, hand harvest, rake, crab
     lat.                                 loop.
    D. Recreational South of 42[deg] N.  D. Pot/trap, hand harvest, hoop
     lat.                                 net, crab loop.
8. Shrimp and Prawn Fisheries (Non-
 FMP):
    A. Commercial spot prawn...........  A. Pot/trap.
    B. Commercial pink shrimp North of   B. Trawl.
     46[deg]15' N. lat.
    C. Commercial pink shrimp South of   C. Pot/trap, trawl.
     46[deg]15' N. lat.
    D. Commercial coonstripe shrimp      D. Pot/trap.
     South of 46[deg]15' N. lat.
    E. Commercial ridgeback prawn South  E. Trawl.
     of 42[deg] N. lat.
    F. Recreational North of 46[deg]15'  F. Pot/trap, dip net, hand
     N. lat.                              harvest.
    G. Recreational South of 46[deg]15'  G. Pot/trap, hook and line, dip
     N. lat. and North of 42[deg] N.      net, hand harvest, rake.
     lat.
    H. Recreational South of 42[deg] N.  H. Pot/trap, hand harvest, dip
     lat.                                 net.
9. Hagfish Commercial Fisheries (Non-    Pot/trap.
 FMP).
10. Squid, all spp. except market squid
 or not otherwise prohibited, and
 Octopus Fisheries (Non-FMP):
    A. Commercial......................  A. Hook and line, pot/trap, dip
                                          net, seine, trawl, set net,
                                          spear, hand harvest.
    B. Recreational Squid North of       B. Hook and line, cast net, dip
     42[deg] N. lat.                      net, hand harvest.
    C. Recreational Octopus North of     C. Hook and line, pot/trap, dip
     42[deg] N. lat.                      net, hand harvest.
    D. Recreational South of 42[deg] N.  D. Hook and line, dip net, hand
     lat.                                 harvest.
11. White Sturgeon Fisheries (Non-FMP):
    A. Commercial South of 46[deg]15'    A. Trawl, pot/trap, hook and
     N. lat. and North of 42[deg] N.      line, seine, dip net, spear.
     lat.
    B. Recreational North of 42[deg] N.  B. Hook and line.
     lat.
    C. Recreational South of 42[deg] N.  C. Hook and line, spear.
     lat.
12. Sea Cucumber Fishery (Non-FMP):
    A. Commercial hand harvest fishery   A. Hand harvest.
     South of 46[deg]15' N. lat.
    B. Commercial trawl South of         B. Trawl.
     42[deg] N. lat.
13. Minor Finfish Commercial Fisheries   Trawl, pot/trap, hook and line,
 South of 46[deg]15' N. lat. and North    seine, dipnet, spear.
 of 42[deg] N. lat. for: Salmon shark,
 Pacific pomfret, slender sole, wolf-
 eel, eelpout species, Pacific
 sandfish, skilfish, and walleye
 pollock Fisheries (Non-FMP).
14. Weathervane Scallop Commercial       Trawl.
 Fishery South of 46[deg]15' N. lat.
 and North of 42[deg] N. lat. (Non-FMP).

[[Page 76917]]

 
15. California Halibut, White Seabass
 Commercial Fisheries South of 42[deg]
 N. lat. (Non-FMP):
    A. California halibut trawl........  A. Trawl.
    B. California halibut and white      B. Gillnet, trammel net.
     seabass set net.
    C. California halibut hook and line  C. Hook and line.
    D. White seabass hook and line.....  D. Hook and line.
16. California Barracuda, White          Gillnet.
 Seabass, and Yellowtail Drift-Net
 Commercial Fishery South of 42[deg] N.
 lat. (Non-FMP).
17. Pacific Bonito Commercial Net        Purse seine.
 Fishery South of 42[deg] N. lat. (Non-
 FMP).
18. Lobster Commercial Pot and Trap      Pot/trap.
 Fishery South of 42[deg] N. lat. (Non-
 FMP).
19. Finfish and Invertebrate Fisheries
 Not Listed Above and Not Otherwise
 Prohibited (Non-FMP):
    A. Commercial South of 46[deg]15'    A. Hook and line, pot/trap,
     N. lat.                              spear.
    B. Recreational....................  B. Hook and line, spear, pot/
                                          trap, dip net, cast net, hand
                                          harvest, rake, harpoon, bow
                                          and arrow.
------------------------------------------------------------------------
 
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[FR Doc. 2014-30014 Filed 12-22-14; 8:45 am]
BILLING CODE 3510-22-P


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