Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 50363 

BILLING CODE 4333–15–C 

References Cited 

A complete list of references cited in 

this document is available on the 

Internet at http://www.regulations.gov at 

Docket No. FWS–R6–ES–2016–0086 and 

upon request from the Montana 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this document 

are the staff members of the Montana 

Ecological Services Field Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: September 28, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–23579 Filed 10–30–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 253 

[Docket No. 170404355–7355–01] 

RIN 0648–BG80 

Merchant Marine Act and MagnusonStevens Act Provisions; Fishing 

Vessel, Fishing Facility and Individual 

Fishing Quota and Harvesting Rights 

Lending Program Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS’ Fisheries Finance 

Program (FFP) provides long-term 

financing to the commercial fishing and 

aquaculture industries for fishing 

vessels, fisheries facilities, aquaculture 

facilities, and certain designated 

individual fishing quota (IFQ). Section 

302 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120) included 

new authority to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. The FFP proposes to add 

a new section to the existing FFP 

regulations to implement this statutory 

change. The net effect of this proposed 

change to the regulations will be to 

provide additional authority for the 

program to lend, while leaving the 

original IFQ authority to Fishery 

Management Councils to use as needed. 

DATES: Comments must be submitted in 

writing on or before November 30, 2017, 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2017–0064, 

by any one 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- 

0064, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Paul Marx, Chief, Financial 

Services Division, NMFS, Attn: F/MB5, 

1315 East-West Highway, SSMC3, Silver 

Spring, MD 20910. 

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 

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). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to paul.marx@

noaa.gov and by email to oira_

submission@omb.eop.gov or fax to (202) 

395–7285. 

FOR FURTHER INFORMATION CONTACT: Paul 

Marx, at 301–427–8771 or via email at 

paul.marx@noaa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

authority of Chapter 537 of Title 46 of 

the United States Code, 46 U.S.C. 53701, 

et seq., the FFP may provide long-term 

financing to the commercial fishing and 

aquaculture industries for fishing 

vessels, fisheries facilities, aquaculture 

facilities, and certain designated 

individual fishing quota (IFQs). Section 

302 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120) amended 

Chapter 537, providing the FFP with the 

authority to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. This amendment is 

codified at 46 U.S.C. 53702(b)(4)(B). 

This action would modify the existing 

Program regulations to reflect this 

statutory change. The net effect of this 

change will be to provide additional 

authority for the program to lend, while 

leaving the original IFQ authority to 

Fishery Management Councils (FMCs) 

to use as needed. 

Existing IFQ Loan Authority 

46 U.S.C. 53706 authorizes the FFP to 

finance or refinance the purchase of 

individual fishing quotas in accordance 

with section 303(d)(4) of the MagnusonStevens Fishery Conservation and 

Management Act (MSA), now codified 

at 16 U.S.C. 1853a(g). Under this 

provision of the MSA, an FMC may 

submit, and NMFS may approve and 

implement, a loan program to aid in (1) 

the acquisition of IFQ by fishermen who 

fish from ‘‘small vessels,’’ and (2) the 

first time purchase of IFQ by ‘‘entry 

level fishermen.’’ Therefore, under this 

authority, the FFP cannot initiate or 

implement a lending program to finance 

or refinance the purchase of IFQ until 

the appropriate FMC submits a request 

to NMFS and provides guidance for the 

requisite criteria. 

NMFS currently administers two loan 

programs pursuant to the existing IFQ 

authority: The Northwest Halibut/ 

Sablefish and Bering Sea and Aleutian 

Islands Crab IFQ loan programs. NMFS 

anticipates no effects to either of these 

existing loan programs as a result of this 

proposed action. 

New Loan Authority 

The new authority provided by Public 

Law 114–120 broadens the FFP’s 

existing authority, and authorizes the 

Program to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. NMFS will interpret 

‘‘limited access system’’ in accordance 

with section 3(27) of the MSA for 

purposes of this authority. The MSA 

defines ‘‘limited access system’’ as ‘‘a 

system that limits participation in a 

fishery to those satisfying certain 

eligibility criteria or requirements 

contained in a fishery management plan 

or associated regulation.’’ 16 U.S.C. 

1802(27). Such definition includes, but 

is not limited to, IFQ fisheries. 

The new authority provided by Public 

Law 114–120 does not require FMCs to 

initiate a request to establish a loan 

program in a fishery that is federally 

managed under a limited access system 

in order for the FFP to provide financing 

in such a fishery. However, under the 

MSA, FMCs are primarily responsible 

for developing fishery management 

plans (FMPs) for fisheries within their 

authority that require conservation and 

management. It is possible that the 

availability of fisheries loans may have 

unanticipated effects on the 


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50364 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 

achievement of FMP goals and 

objectives. Therefore, NMFS believes it 

appropriate to allow the FMCs to 

comment on the potential or actual 

effect of a loan program for harvesting 

rights in fisheries under their authority. 

An FMC may provide an explanation to 

NMFS at any time, in writing, why the 

potential or continuing availability of 

financing for harvesting rights in a 

fishery under its authority would harm 

the achievement of the goals and 

objectives of the FMP applicable to the 

fishery. If NMFS accepts the Council’s 

reasoning, harvesting rights loans would 

not be provided, or would cease to be 

provided, in that fishery. In such a 

scenario, NMFS would publish a notice 

in the Federal Register notifying the 

public that new loans will not be made 

in that fishery. If there were already 

loan applications under consideration, 

the exceptional circumstances would 

justify NMFS returning any loan fees 

submitted with loan applications. The 

opportunity for FMC input will help 

ensure that loans made by the FFP do 

not undermine or conflict with the goals 

and objectives of specific FMPs. 

Extent of Financing 

Section 302 of the Coast Guard 

Authorization Act of 2015 imposes no 

limitations on the extent of financing to 

be provided by the FFP for the purchase 

of harvesting rights. However, it does 

reserve $59 million of direct loan 

authority for historical uses, defined at 

46 U.S.C. 53701(8). Thus, NMFS 

anticipates that the balance of annual 

direct loan authority—currently $41 

million—may be available to finance or 

refinance the purchase of harvesting 

rights in federally managed fisheries 

under a limited access system. This 

action will allow NMFS to fully use the 

program’s loan authority either for 

historical purposes or any authorized 

new purposes should it be determined 

that demand or lack of demand in either 

area would result in unused loan 

authority. 

Proposed Harvesting Rights Lending 

Lending for harvesting rights would 

follow existing FFP lending procedures 

and guidelines. Borrowers must be U.S. 

citizens or entities eligible to document 

a vessel for coastwise trade under 46 

U.S.C. 50501, meet all general FFP 

requirements, and meet all requirements 

to hold the harvesting rights under the 

applicable FMP at the time of loan 

closing. The FFP may require additional 

lending conditions and security terms 

such as loan guarantees or security 

interests in other collateral to bring 

credit risk to acceptable levels. 

Affiliated businesses, the borrower’s 

principals or majority shareholders, 

persons or entities with a financial 

interest in the borrower, or any 

individuals holding community 

property rights may also be required to 

provide a guaranty. 

In addition, all loan applicants are 

subject to background and credit 

investigations, which may include, but 

are not limited to, reviews for 

unresolved fishing violations, criminal 

background checks, delinquent debt 

investigations, and credit reports. Like 

other FFP loan programs, lending for 

harvesting rights is subject to a statutory 

loan limit of up to 80 percent of the 

actual cost of the transaction, set as the 

purchase price or, in the case of 

refinancing, the current market value. 

The FFP retains sole discretion to 

determine the transaction’s actual cost 

or current market value. 

Harvesting rights loan amounts can 

carry up to a 25-year term and can be 

used to either purchase new rights or 

refinance the debt associated with the 

prior purchase(s) of harvesting rights. In 

addition to maintaining a 20 percent 

minimum equity stake, borrowers 

refinancing existing debt will only 

receive the lesser of the outstanding 

amount of debt to be refinanced or 80 

percent of the current market value of 

the harvesting right. 

If a borrower seeking refinancing fails 

to have the requisite 20 percent equity 

stake (measured as the difference 

between the current market value of the 

primary collateral and the amount of the 

loan), that borrower will need to pay 

down debt to meet the required level. In 

addition, under FFP standards, 

borrowers are only eligible for 

refinancing if their initial purchase 

would have been eligible for financing. 

The program will refinance harvesting 

rights acquired prior to this regulation if 

the buyer’s original purchase would 

have been eligible for FFP financing 

under the terms of this action. 

Prospective borrowers may apply for 

a loan through any of the NOAA 

Fisheries Service regional FFP offices 

(St. Petersburg, FL; Gloucester, MA; 

Seattle, WA). They must pay the 

appropriate application fee, set by 46 

U.S.C. 53713(b) as one-half of one 

percent of the loan amount requested, 

which is made up of two parts. Half is 

the ‘‘filing fee,’’ and is nonrefundable 

when the FFP officially accepts the 

application. The other half, known as 

the ‘‘commitment fee,’’ becomes 

nonrefundable when the FFP executes 

and mails an Approval-in-Principle 

(AIP) letter to the applicant. The FFP 

may refund the commitment fee if the 

FFP declines the application or the 

application is withdrawn prior to the 

issuance of an AIP letter. 

Summary and Explanation of Proposed 

Regulatory Changes 

This proposed action would add the 

following section, as explained here. 

Harvesting Rights Loans (253.31) 

This new section provides regulatory 

provisions specific to the harvesting 

rights loans. At the time a borrower 

submits an application, he or she must 

satisfy the criteria listed in this new 

section in order to be eligible to receive 

financing under the program. The 

borrower must comply with any 

limitations on the quantity of harvesting 

rights that may be owned by one holder, 

as specified in the applicable FMP and 

implementing regulations. The FFP will 

not finance harvesting rights in excess 

of ownership limitations. 

Classification 

This proposed rule is published under 

the authority of, and is consistent with, 

Chapter 537 of Title 46 of the United 

States Code and the Magnuson-Stevens 

Act, as amended. The NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with Chapter 

537 of Title 46 of the U.S. Code, the 

Magnuson-Stevens Act, as amended, 

and other applicable law, subject to 

further consideration after public 

comment. 

In addition to public comment about 

the proposed rule’s substance, NMFS 

also seeks public comment on any 

ambiguity or unnecessary complexity 

from the language used in this proposed 

rule. 

NEPA 

NMFS has preliminarily determined 

that this rule qualifies to be 

categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE G7 of the Companion Manual for 

NOAA Administrative Order 216–6A, 

and we have not identified any 

extraordinary circumstances that would 

preclude this categorical exclusion. 

NMFS is accepting comments and 

information during the public comment 

period for the proposed rule relevant to 

our preliminary categorical exclusion 

determination. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This proposed rule does not 

duplicate, overlap, or conflict with any 

other relevant Federal rules. 


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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 50365 

Paperwork Reduction Act 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

This proposed rule contains 

collections-of-information subject to the 

PRA, which have been approved by 

OMB under control number 0648–0012. 

The application requirements contained 

in these rules have been approved under 

OMB control number 0648–0012. Public 

reporting burden for placing an 

application for FFP financing is 

estimated to average eight hours per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Send comments regarding this burden 

estimate, or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by email to OIRA_

submission@omb.eop.gov or fax to (202) 

395–7285. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce has 

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 Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, et seq., requires that, 

‘‘[w]henever an agency is required by 

section 553 of this title [5 USCS § 553], 

or any other law, to publish general 

notice of proposed rulemaking for any 

proposed rule, or publishes a notice of 

proposed rulemaking for an 

interpretative rule involving the internal 

revenue laws of the United States, the 

agency shall prepare and make available 

for public comment an initial regulatory 

flexibility analysis. Such analysis shall 

describe the impact of the proposed rule 

on small entities.’’ 5 U.S.C. 603(a). 

However, where an agency can certify 

‘‘that the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities’’ 

then an agency need not undertake a 

full regulatory flexibility analysis. 5 

U.S.C. 605(b). 

Participation in the FFP is entirely 

voluntary. This action imposes no 

mandatory requirements on any 

business. Once final, this proposed rule 

will implement programs authorized by 

law. Specifically, these rules enact 

regulatory additions to create a new 

lending purpose authorized by Section 

302 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120) and will 

be implemented in accordance with 50 

CFR part 253, subpart B. This action 

will create new § 253.31. 

As defined by NMFS for RFA 

purposes, this rule may affect small 

fishing entities that have annual 

revenues of $11.0 million or less, 

including, but not limited to, vessel 

owners, vessel operators, individual 

fishermen, small corporations, and 

others engaged in commercial fishing 

activities regulated by NOAA. 

Borrowers under this authority may also 

include large businesses. Notably, 

because the FFP is a voluntary program 

that provides loans to qualified 

borrowers, non-borrowers—large or 

small—would not be regulated by this 

rule. 

Although the FFP requires certain 

supporting documentation during the 

life of a loan, the requirements do not 

impose unusual burdens when 

compared to the burdens imposed by 

other lenders. Moreover, because the 

basic need for financing would continue 

to exist without the FFP, the individuals 

seeking financing would still need to 

comply with similar, if not identical, 

requirements imposed by another 

lender. Records required to participate 

in the FFP are usually within the 

normal records already maintained by 

fishermen. It should take fewer than 

eight hours per application to meet 

these requirements. 

The information required from 

borrowers, such as income tax returns, 

insurance policies, permits, licenses, 

etc., is already available to them. 

Depending on circumstances, the FFP 

may require other supporting 

documents, including financial 

statements, property descriptions, and 

other documents that can be acquired at 

reasonable cost if they are not already 

available. 

FFP lending is a source of long-term, 

fixed rate capital financing and imposes 

no regulatory requirements on anyone 

other than those applying for loans. FFP 

borrowers make a voluntary decision to 

use the available lending. 

These loan programs will only have 

positive impacts on borrowers. Because 

participation is voluntary and requires 

effort and the outlay of an application 

fee, borrowers for harvesting rights 

financing are assumed to have made a 

determination that using FFP financing 

provides a benefit, such that the FFP’s 

long-term, fixed rate financing provides 

only a positive economic impact. 

Importantly, the FFP does not regulate 

or manage the affairs of its borrowers, 

and the regulations impose no 

additional compliance, operating or 

other fees or costs on small entities 

other than a financing relationship 

would require. 

As a result of this certification, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 253 

Aquaculture, Community 

development groups, Direct lending, 

Financial assistance, Fisheries, Fishing, 

Individual fishing quota, harvesting 

rights (privileges). 

Dated: October 25, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set forth in the 

preamble, NMFS proposes to amend 50 

CFR part 253, subpart B, as follows: 

PART 253—FISHERIES ASSISTANCE 

PROGRAMS 

Subpart B—Fisheries Finance Program 

■ 1. The authority citation for part 253 

continues to read as follows: 

Authority: 46 U.S.C. 53701 and 16 U.S.C. 

4101 et seq. 

■ 2. Section 253.31 is added to read as 

follows: 

§ 253.31 Harvesting rights loans. 

(a) Specific definitions. For the 

purposes of this section, the following 

definitions apply: 

(1) Harvesting right(s) means any 

privilege to harvest fish in a fishery that 

is federally managed under a limited 

access system. 

(2) Limited access system has the 

same meaning given to that term in 

section 3 of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1802). 

(3) [Reserved] 

(b) Loan Requirements and 

Limitations. These loan requirements 

and limitations apply to individuals or 

entities who seek to finance or refinance 

the acquisition of harvesting rights. 

(1) The borrower must meet all 

regulatory and statutory requirements to 

hold the harvesting rights at the time 

any such loan or refinancing loan would 

close. 

(2) NMFS will accept and consider 

the input of a Regional Fishery 

Management Council at any time 

regarding the availability of loans in a 

fishery under the Council’s authority. 


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50366 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 

(i) The Council may submit an 

explanation to NMFS, in writing, as to 

why the availability of financing for 

harvesting rights in a fishery would 

harm the achievement of the goals and 

objectives of the Fishery Management 

Plan applicable to the fishery. If NMFS 

accepts the Council’s reasoning, 

harvesting rights loans will not be 

provided, or will cease to be provided, 

in that fishery. 

(ii) If NMFS determines that 

harvesting rights loans will not be 

provided in a fishery, NMFS will 

publish a notice in the Federal Register 

notifying the public that new loans will 

not be made in that fishery. 

(iii) In such a scenario, pending 

applications will be returned and loan 

fees returned as exceptional 

circumstances justify the action. 

(3) The harvesting rights to be 

financed must be issued in a manner in 

which they can be individually 

identified such that a valid and specific 

security interest can be recorded. This 

determination shall be solely made by 

the Program. 

(c) Refinancing. (1) The Program may 

refinance any existing debts associated 

with harvesting rights a borrower 

currently holds, provided that: 

(i) The harvesting rights being 

refinanced would have been eligible for 

Program financing at the time the 

borrower purchased them, if Program 

financing had been available, 

(ii) The borrower meets all other 

applicable lending requirements, and 

(iii) The refinancing is in an amount 

up to 80 percent of the harvesting rights’ 

current market value, as determined at 

the sole discretion of the Program, and 

subject to the limitation that the 

Program will not disburse any amount 

that exceeds the outstanding principal 

balance, plus accrued interest (if any), of 

the existing harvesting rights’ debt being 

refinanced or its fair market value, 

whichever is less. 

(2) In the event that the current 

market value of harvesting rights and 

principal loan balance do not meet the 

80 percent requirement in paragraph 

(1)(iii) of this section, borrowers seeking 

refinancing may be required to provide 

additional down payment. 

(d) Maturity. Loan maturity may not 

exceed 25 years, but may be shorter 

depending on credit and other 

considerations. 

(e) Repayment. Repayment will be by 

equal quarterly installments of principal 

and interest. 

(f) Security. Although harvesting 

right(s) will be the primary collateral for 

a loan, the Program may require 

additional security pledges to maintain 

the priority of the Program’s security 

interest. The Program, at its option, may 

also require all parties with significant 

ownership interests to personally 

guarantee loan repayment for any 

borrower that is a corporation, 

partnership, or other entity, including 

collateral to secure the guarantees. Some 

projects may require additional security, 

collateral, or credit enhancement as 

determined, in the sole discretion, by 

the Program. 

(g) Program credit standards. 

Harvesting rights loans, regardless of 

purpose, are subject to all Program 

general credit standards and 

requirements. Collateral, guarantee and 

other requirements may be adjusted to 

individual credit risks. 

[FR Doc. 2017–23570 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170817773–7905–1] 

RIN 0648–BG81 

Fisheries Off West Coast States; 

Highly Migratory Fisheries; California 

Drift Gillnet Fishery; Implementation of 

a Federal Limited Entry Drift Gillnet 

Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing 

regulations under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) to implement a March 2017 

recommendation by the Pacific Fishery 

Management Council (Council) to 

amend the Fishery Management Plan for 

U.S. West Coast Fisheries for Highly 

Migratory Species (HMS FMP). The 

proposed rule would bring the State of 

California’s limited entry (LE) drift 

gillnet (DGN) permit program under 

MSA authority. All current California 

DGN permit holders would be eligible to 

apply for, and receive, a Federal DGN 

permit, and no additional DGN permits 

would be created. The proposed rule is 

administrative in nature and is not 

anticipated to result in increased 

activity, effort, or capacity in the 

fishery. 

DATES: Comments on the proposed rule 

and supporting documents must be 

submitted in writing on or before 

December 15, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0052, 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-2017- 

0052, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Lyle Enriquez, NMFS West Coast 

Region, 501 W. Ocean Blvd., Suite 4200, 

Long Beach, CA 90802. Include the 

identifier ‘‘NOAA–NMFS–2017–0052’’ 

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). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to the West Coast 

Regional Office and by email to OIRA_

Submission@omb.eop.gov or fax to (202) 

395–5806. 

Copies of the draft Regulatory Impact 

Review and other supporting documents 

are available via the Federal 

eRulemaking Portal: http://

www.regulations.gov, docket NOAA– 

NMFS–2017–0052 or by contacting the 

Regional Administrator, Barry Thom, 

NMFS West Coast Region, 1201 NE 

Lloyd Blvd., Portland, OR 97232–2182, 

or RegionalAdministrator.WCRHMS@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Lyle 

Enriquez, NMFS, West Coast Region, 

562–980–4025, or Lyle.Enriquez@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The HMS 

FMP was prepared by the Council and 

is implemented under the authority of 


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