Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules 44551 

The PCE levels in the groundwater at 

all wells are currently below the MCL. 

Thus, the remedial action objectives 

have been attained and the human 

health exposure pathways have been 

eliminated. 

A Preliminary Close Out Report 

documenting the completion of 

construction activities was signed by 

EPA on September 25, 1998. The Site 

was identified as ‘‘Sitewide Ready for 

Anticipated Use’’ on September 28, 

2012. A Final Close Out Report 

documenting completion of all remedial 

activities was signed by EPA on April 

27, 2017. 

Cleanup Levels 

The 1998 ROD requires treatment and 

monitoring until the PCE concentrations 

in groundwater at all production wells 

are below the MCL. As there have been 

no changes to the federal or state 

drinking water standards for PCE or 

changes in the toxicity factors for PCE 

since the ROD was issued, this cleanup 

level remains protective of human 

health and the environment. 

In April 2017 the EPA reviewed the 

monitoring data and found that PCE 

concentrations at 11 of the 12 

production wells had been below the 

cleanup level of 5 mg/L since 2013. A 

further statistical analysis of data 

collected from the other well indicated 

a downward trend and a 95% Upper 

Confidence Level of 4.41 mg/L, below 

the cleanup level of 5 mg/L. Based on 

this evaluation, EPA determined that all 

remedial activities at the Site were 

complete, remedial action objectives 

had been achieved and the use of the 

treatment system was no longer required 

for the CERCLA remedy. All drinking 

water delivered from the wellfield must 

continue to meet the requirements of the 

SDWA. 

Five-Year Review 

Three policy five-year reviews have 

been completed at the Site, the last one 

in September 2013. 

No issues or follow-up actions were 

identified as part of the 2013 Five Year 

Review. The protectiveness statement 

stated ‘‘The remedy at Vancouver WS1 

is protective of human health and the 

environment because the treatment 

system is functioning as intended and 

human and ecological risks are under 

control. Long-term protectiveness of the 

remedial action will be verified by 

regular monitoring by the City of 

Vancouver.’’ 

The analysis conducted since the last 

FYR indicates that the remedy has been 

fully implemented and the remedial 

action objectives and related cleanup 

levels have been attained. No hazardous 

substances, pollutants or contaminants 

remain above levels that could prevent 

unlimited use and unrestricted 

exposure. Therefore, no further five-year 

reviews are required. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

Section 113(k), 42 U.S.C. 9613(k) and 

CERCLA Section 117, 42 U.S.C. 9617. 

Throughout the remedial process, the 

EPA has kept the public informed of 

activities being conducted at the Site by 

way of informational meetings, fact 

sheets and public meetings. 

Documents in the deletion docket 

which the EPA relied on for the 

recommendation for deletion from the 

NPL are available to the public at the 

information repositories identified 

previously. A notice of availability of 

the Notice of Intent for Deletion has 

been published in The Columbian. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The EPA, with concurrence of the 

State of Washington through the 

Department of Ecology, has determined 

that the implemented remedy achieves 

the degree of cleanup or protection 

specified in the ROD for all pathways of 

exposure. All selected remedial and 

removal action objectives and associated 

cleanup levels are consistent with 

agency policy and guidance. No further 

Superfund response is needed to protect 

human health and the environment. 

In accordance with 40 CFR 

300.425(e), sites may be deleted from 

the NPL where all appropriate response 

actions have been implemented and 

where no further response is 

appropriate. Consistent with this, the 

EPA is proposing deletion of this Site 

from the NPL. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: August 25, 2017. 

Sheryl Bilbrey, 

Director—Region 10 Office of Environmental 

Cleanup. 

[FR Doc. 2017–20449 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170505465–7465–01] 

RIN 0648–BG87 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gray 

Triggerfish Management Measures; 

Amendment 46 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Amendment 46 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared by the Gulf of Mexico 

Fishery Management Council (Council) 

(Amendment 46). For gray triggerfish, 

this proposed rule would revise the 

recreational fixed closed season, 

recreational bag limit, recreational 

minimum size limit, and commercial 

trip limit. Additionally, Amendment 46 

would establish a new rebuilding time 

period for the Gulf of Mexico (Gulf) gray 

triggerfish stock. The purpose of this 

proposed rule is to implement 

management measures to assist in 

rebuilding the Gulf gray triggerfish stock 

and achieve optimum yield (OY). 

DATES: Written comments must be 

received on or before October 25, 2017. 

ADDRESSES: You may submit comments 

on the amendment identified by 

‘‘NOAA–NMFS–2017–0080’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0080, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Lauren Waters, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: 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 by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
44552 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Electronic copies of Amendment 46, 

which includes an environmental 

assessment, a fishery impact statement, 

a Regulatory Flexibility Act (RFA) 

analysis, and a regulatory impact 

review, may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov/sustainable_

fisheries/gulf_fisheries/reef_fish/2017/ 

am46_gray_trigger/documents/pdfs/ 

gulf_reef_am46_gray_trigg_final.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Waters, Southeast Regional 

Office, NMFS, telephone: 727–824– 

5305; email: Lauren.Waters@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Gulf reef fish 

fishery, which includes gray triggerfish, 

under the FMP. The Council prepared 

the FMP and NMFS implements the 

FMP through regulations at 50 CFR part 

622 under the authority of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MagnusonStevens Act) (16 U.S.C 1801 et seq.). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the OY 

from federally managed fish stocks. 

These mandates are intended to ensure 

that fishery resources are managed for 

the greatest overall benefit to the nation, 

particularly with respect to providing 

food production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to rebuild overfished stocks. 

Status of the Gray Triggerfish Stock 

The first Southeast Data, Assessment, 

and Review (SEDAR) benchmark stock 

assessment for gray triggerfish was 

completed in 2006 (SEDAR 9). SEDAR 

9 indicated that the gray triggerfish 

stock was both overfished and possibly 

undergoing overfishing. Subsequently, 

Amendment 30A to the FMP established 

a gray triggerfish rebuilding plan 

beginning in the 2008 fishing year (73 

FR 38139, July 3, 2008). In 2011, a 

SEDAR 9 update stock assessment for 

gray triggerfish determined that the gray 

triggerfish stock was still overfished and 

was undergoing overfishing, and had 

not made adequate progress toward 

rebuilding. As a result of the SEDAR 9 

update and to end overfishing, the final 

rule for Amendment 37 to the FMP 

revised the gray triggerfish commercial 

and recreational sector annual catch 

limits (ACLs) and annual catch targets 

(ACTs), revised the gray triggerfish 

recreational sector accountability 

measures (AMs), revised the gray 

triggerfish recreational bag limit, 

established a commercial trip limit for 

gray triggerfish, and established a fixed 

closed season for the gray triggerfish 

commercial and recreational sectors (78 

FR 27084, May 5, 2013). Additionally, 

Amendment 37 revised the rebuilding 

plan and projected that the stock would 

be rebuilt in 5 years, or by the end of 

2017 fishing year. 

Since implementation of Amendment 

37 in 2013, commercial harvest has not 

exceeded the commercial ACL, while 

the recreational sector has exceeded the 

recreational ACL or adjusted 

recreational ACL (that resulted from a 

ACL overage adjustment) in the 2013, 

2014, 2015, and 2016 fishing years. The 

most recent stock assessment for gray 

triggerfish was completed and reviewed 

by the Council’s Scientific and 

Statistical Committee (SSC) in October 

2015 (SEDAR 43). SEDAR 43 indicated 

that the gray triggerfish stock was not 

experiencing overfishing but remained 

overfished and would not be rebuilt by 

the end of 2017 as previously projected. 

On November 2, 2015, NMFS notified 

the Council that the gray triggerfish 

stock was not making adequate progress 

toward rebuilding, and the Council 

subsequently began development of 

Amendment 46 to establish a new 

rebuilding time period and other 

management measures to achieve OY 

and rebuild the stock. 

Management Measures Contained in 

This Proposed Rule 

For gray triggerfish, this proposed rule 

would revise the recreational fixed 

closed season, recreational bag limit, 

recreational minimum size limit, and 

commercial trip limit. NMFS and the 

Council are proposing the changes to 

the recreational management measures 

to help constrain recreational landings 

to the recreational ACT to avoid 

triggering accountability measures 

(AMs) resulting in an in-season closure 

or post-season payback that would 

occur if landings exceed the recreational 

ACL. NMFS and the Council are 

proposing the increase in the 

commercial trip limit to allow those 

commercial fishermen who encounter 

gray triggerfish to harvest more fish per 

trip while continuing to constrain 

commercial landings to the commercial 

ACT. 

Recreational Seasonal Closure 

The current recreational seasonal 

closure for gray triggerfish in the Gulf is 

from June 1 through July 31, and was 

established in Amendment 37 to protect 

gray triggerfish during the peak 

spawning season and help constrain 

landings to the recreational ACT (78 FR 

27084, May 5, 2013). However, as 

explained above, recreational landings 

have exceed the recreational ACL or 

adjusted ACL the last 4 years. This 

proposed rule would establish an 

additional recreational fixed closed 

season for gray triggerfish from January 

1 through the end of February, which is 

expected to reduce recreational landings 

and help rebuild the stock within the 

rebuilding time period established in 

Amendment 46. 

Recreational Bag Limit 

The current recreational bag limit was 

set in Amendment 37 and is a 2-fish per 

person per day limit within the overall 

20-fish aggregate reef fish bag limit. This 

proposed rule would reduce the 

recreational gray triggerfish bag limit to 

1 fish per person per day within the 20- 

fish aggregate reef fish bag limit. 

As described in Amendment 46, from 

2013 through 2015, approximately 10 

percent of recreational trips with reef 

fish landings harvested 2 gray triggerfish 

within the 20-fish aggregate bag limit. 

NMFS expects the proposed change to 

the bag limit to reduce recreational 

landings by 15 percent, which will help 

constrain harvest to the recreational 

ACT to allow the sector to remain open 

through the end of the fishing year. 

Recreational Size Limit 

The current recreational minimum 

size limit for gray triggerfish is 14 

inches (35.6 cm), fork length (FL), and 

was established in Amendment 30A to 

the FMP (73 FR 38139, July 3, 2008). 

The proposed rule would increase the 

minimum size limit to 15 inches (38.1 

cm), FL. Increasing the recreational 

minimum size limit would increase the 

gray triggerfish spawning potential by 

maintaining larger-sized fish, which are 

more fecund, in the stock, and is 

expected to help slow recreational 

harvest. 

Commercial Trip Limit 

The current commercial trip limit is 

12 fish per trip, and was established in 

Amendment 37 to help constrain 

commercial harvest to the commercial 

ACT and avoid an in-season closure as 

a result of the AMs being triggered (78 

FR 27084, May 5, 2013). This proposed 

rule would increase the trip limit to 16 

fish per trip. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules 44553 

As described in Amendment 46, since 

implementation of the 12 fish 

commercial trip limit in 2013, 

commercial landings have been 

consistently below the commercial ACT. 

Analysis of commercial trips 

demonstrated that 80 percent of trips 

caught 10 gray triggerfish or less. This 

indicates that gray triggerfish is 

primarily a non-target species by the 

commercial sector and that increasing 

the commercial trip limit would likely 

result in only a small change in the 

weight projected to be landed during a 

fishing year. However, increasing the 

commercial trip limit would allow those 

fishermen who encounter the species 

the opportunity to harvest more fish. 

This would help achieve OY for the 

stock while continuing to constrain 

commercial landings to the commercial 

ACT. 

Measures in Amendment 46 Not in This 

Proposed Rule 

In addition to the measures proposed 

to be implemented through this 

proposed rule, Amendment 46 contains 

actions to set a rebuilding timeframe 

and to consider alternatives for the 

commercial and recreational ACTs and 

ACLs. 

Rebuilding Time Period and 

Commercial and Recreational ACTs and 

ACLs 

Amendment 37 established a 5-year 

rebuilding time period, expiring in 

2017, and the current gray triggerfish 

commercial and recreational ACTs and 

ACLs. The current commercial ACT is 

60,900 lb (27,624 kg), round weight, and 

the commercial ACL is 64,100 lb (29,075 

kg), round weight. The current 

recreational ACT is 217,000 lb (98,475 

kg), round weight, and the recreational 

ACL is 242,200 lb (109,406 kg), round 

weight. Amendment 46 would establish 

a new rebuilding time period for the 

Gulf gray triggerfish stock as a result of 

the stock status determined through 

SEDAR 43, and maintain the current 

commercial and recreational ACLs and 

ACTs. 

The Council’s SSC reviewed SEDAR 

43 and recommended alternative 

rebuilding time periods of 8, 9, or 10 

years and the acceptable biological 

catch (ABC) yield streams for each 

period. There is a 60 percent probability 

of rebuilding the stock within these time 

periods if landings are appropriately 

constrained to the recommended catch 

levels. In Amendment 46, the Council 

considered these rebuilding time 

periods and their associated catch 

levels, as well as a 6-year period, which 

would be the time needed to rebuild the 

stock in the absence of fishing mortality. 

The Council determined that the 9-year 

rebuilding time period was as short as 

possible, taking into account the status 

and biology of the stock and the needs 

of the associated fishing communities. 

Although the ABC recommendation 

associated with the 9-year time period 

allowed for an increase in harvest, the 

Council chose to adopt a more 

conservative approach and maintain the 

current commercial and recreational 

ACLs and ACTs for gray triggerfish that 

were set through the final rule for 

Amendment 37 (78 FR 27084, May 9, 

2013). 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed 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 (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification follows. 

A description of this proposed rule, 

why it is being considered, and the 

objectives of, and legal basis for this 

proposed rule are contained in the 

preamble. The Magnuson-Stevens Act 

provides the statutory basis for this 

proposed rule. 

This proposed rule would directly 

affect commercial and recreational 

fishing for gray triggerfish in Gulf 

Federal waters. Anglers are not 

considered small entities as that term is 

defined in the RFA (5 U.S.C. 601(6)). 

Consequently, estimates of the number 

of anglers directly affected by the rule 

and the impacts on them are not 

provided here. 

NMFS estimates an average of 223 

commercial fishing vessels harvest gray 

triggerfish in Gulf Federal waters 

annually, and the number of businesses 

that own these vessels ranges from 166 

to 223. The average vessel harvested 164 

lb (74.4 kg), gutted weight, of gray 

triggerfish annually with a dockside 

value of $331 (2015 dollars), and that 

average vessel’s annual dockside 

revenue from all landings is $158,804 

(2015 dollars). 

For RFA purposes, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (50 CFR 200.2). A 

business primarily involved in 

commercial fishing (NAICS 11411) is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and its 

combined annual receipts are not in 

excess of $11 million for all of its 

affiliated operations worldwide. Based 

on the average annual revenue for a 

vessel that lands gray triggerfish, it is 

concluded that most to all of the 

businesses that harvest gray triggerfish 

from the Gulf are small businesses. 

Amendment 46 would establish a 

rebuilding time period of 9 years or by 

the end of 2025, and this revised time 

period would have no direct impact on 

any small business. 

The proposed rule would retain the 

current commercial ACL and 

commercial ACT for gray triggerfish, 

which have been in effect since 2013 (78 

FR 27084, May 9, 2013). These status 

quo measures would have no additional 

impact on any small business. 

The proposed rule would increase the 

commercial trip limit for gray 

triggerfish. A 12-fish trip limit has been 

in effect since 2013, and this proposed 

rule would allow for up to four more 

gray triggerfish to be landed per trip. 

The average weight of a commercially 

sized gray triggerfish is estimated to be 

4.113 lb (1.866 kg), gutted weight. In 

2015, the average dockside price of gray 

triggerfish was $2.12 per pound, gutted 

weight. At that price, the proposed rule 

could increase dockside revenue to as 

much as $34.88 per trip. It is estimated 

that the average annual beneficial 

impact would range from $0 to $135 per 

vessel, which represents from 0.00 

percent to 0.08 percent of the average 

vessel’s annual dockside revenue from 

all landings. 

Therefore, this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities, and an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, Gray 

triggerfish, Gulf, Recreational. 

Dated: September 18, 2017. 

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 622 is proposed 

to be amended as follows: 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
44554 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.34, revise paragraph (f) to 

read as follows: 

§ 622.34 Seasonal and area closures 

designed to protect Gulf reef fish. 

* * * * * 

(f) Seasonal closures for gray 

triggerfish. The recreational sector for 

gray triggerfish in or from the Gulf EEZ 

is closed from January 1 through the end 

of February, and from June 1 through 

July 31, each year. During a recreational 

closure, the bag and possession limits 

for gray triggerfish in or from the Gulf 

EEZ are zero. The commercial sector for 

gray triggerfish in or from the Gulf EEZ 

is closed from June 1 through July 31, 

each year. During the period of both the 

commercial and recreational closure, all 

harvest or possession in or from the Gulf 

EEZ of gray triggerfish is prohibited and 

the sale and purchase of gray triggerfish 

taken from the Gulf EEZ is prohibited. 

■ 3. In § 622.37, revise paragraph (c)(1) 

to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(c) * * * 

(1) Gray triggerfish. (i) For a person 

not subject to the bag limit specified in 

§ 622.38(b)(5)–14 inches (35.6 cm), fork 

length. 

(ii) For a person subject to the bag 

limit specified in § 622.38(b)(5)–15 

inches (38.1 cm), fork length. 

* * * * * 

■ 4. In § 622.38, revise paragraph (b)(5) 

to read as follows: 

§ 622.38 Bag and possession limits. 

* * * * * 

(b) * * * 

(5) Gulf reef fish, combined, 

excluding those specified in paragraphs 

(b)(1) through (b)(4) and paragraphs 

(b)(6) through (b)(7) of this section—20. 

In addition, within the 20-fish aggregate 

reef fish bag limit, no more than 1 fish 

may be gray triggerfish and no more 

than 10 fish may be vermilion snapper. 

* * * * * 

■ 5. In § 622.43, revise paragraph (b) to 

read as follows: 

§ 622.43 Commercial trip limits. 

* * * * * 

(b) Gray triggerfish. Until the 

commercial ACT (commercial quota) 

specified in § 622.39(a)(1)(vi) is 

reached—16 fish. See § 622.39(b) for the 

limitations regarding gray triggerfish 

after the commercial ACT (commercial 

quota) is reached. 

[FR Doc. 2017–20351 Filed 9–22–17; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS