Rule2023-14009
Fisheries Off West Coast States; Pelagic Species Fisheries; Amendment 20 to the Coastal Pelagic Species Fishery Management Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 3, 2023
Effective
August 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces approval of and implements Amendment 20 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). Amendment 20 removes management category terminology from use in the FMP, but does not revise the manner in which the CPS stocks are managed. The Pacific Fishery Management Council (Council) recommended Amendment 20 for clarity and consistency with other Council FMPs. This final rule removes the definition for "Actively Managed Species" and a reference to "monitored stocks" from Federal regulations. Because this action does not change the manner in which CPS stocks are managed, this action is administrative in nature.
Full Text
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<title>Federal Register, Volume 88 Issue 126 (Monday, July 3, 2023)</title>
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[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42652-42653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14009]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230626-0156]
RIN 0648-BM14
Fisheries Off West Coast States; Pelagic Species Fisheries;
Amendment 20 to the Coastal Pelagic Species Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule announces approval of and implements Amendment
20 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP).
Amendment 20 removes management category terminology from use in the
FMP, but does not revise the manner in which the CPS stocks are
managed. The Pacific Fishery Management Council (Council) recommended
Amendment 20 for clarity and consistency with other Council FMPs. This
final rule removes the definition for ``Actively Managed Species'' and
a reference to ``monitored stocks'' from Federal regulations. Because
this action does not change the manner in which CPS stocks are managed,
this action is administrative in nature.
DATES: This rule is effective August 2, 2023.
FOR FURTHER INFORMATION CONTACT: Taylor Debevec at (562) 980-4066 or
<a href="/cdn-cgi/l/email-protection#b5c1d4ccd9dac79bd1d0d7d0c3d0d6f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="87f3e6feebe8f5a9e3e2e5e2f1e2e4c7e9e8e6e6a9e0e8f1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This final rule concurrently announces approval of and implements
Amendment 20 to the CPS FMP. The CPS FMP has used the Management
Categories of ``Active'' (or Actively) and ``Monitored'' to effectively
and efficiently direct available agency and Council resources, in
recognition that not all stocks require as intensive management as
others, e.g., frequency of assessments and changes to harvest levels.
However, the Council initiated an effort to address a perceived lack of
clarity regarding the meaning and use of management category terms in
the CPS FMP and to promote consistency with other Council FMPs. In
April 2022, the Council took final action to recommend Amendment 20 to
the CPS FMP to NMFS to remove management category
[[Page 42653]]
terms from the FMP and incorporate additional modifications in place of
those terms to ensure the flow and readability of the FMP. The intent
of Amendment 20 is to improve clarity regarding the management
approaches for stocks in the CPS FMP and to describe how each stock is
managed in a stock-specific manner, rather than through use of a
categorical assignment. Amendment 20 does not change the management
approaches for stocks in the CPS FMP.
We published a notice of availability (NOA) for Amendment 20 on
March 23, 2023 (88 FR 17515), with a comment period ending on May 8,
2023. We published a proposed rule to implement the Amendment 20 on
April 6, 2023 (88 FR 20456), with a comment period ending on May 22,
2023. We considered all public comments received on the NOA and
proposed rule. See Comments and Responses section for more information.
Now, on behalf of the Secretary of Commerce, we are announcing the
approval of Amendment 20 and issuing this final rule implementing
Amendment 20, consistent with the review and approval process outlined
in section 304(a) of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq. Specifically, this final rule
implements the following regulatory revisions, which are unchanged from
the proposed rule: removal of the definition of ``Actively Managed
Species'' from 50 CFR 660.502; and removal of the term ``monitored
stocks'' from 50 CFR 660.511(k). The NOA and proposed rule for this
action included additional background and details, which are not
repeated here. For additional information on this action, please refer
to the NOA (88 FR 17515 March 23, 2023) and proposed rule (88 FR 20456
April 6, 2023).
Comments and Responses
NMFS received two public comments--one was from an anonymous
submitter and the other was a joint comment from Oceana and
Earthjustice. The anonymous submitter supported the action. Oceana and
Earthjustice raised other unrelated topics that they believe are issues
with the FMP, having to do with the management of the central
subpopulation of northern anchovy. Because the Oceana/Earthjustice
comment was outside the scope of this action, we have not provided a
response. After considering the public comments, NMFS made no changes
from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the Assistant Administrator, NMFS, has
determined that this final rule is consistent with the CPS FMP, other
provisions of the Magnuson-Stevens Fishery Conservation and Management
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 for the purposes of the Regulatory Flexibility Act. The
factual basis for the certification was published in the proposed rule
(88 FR 20456, April 6, 2023) and is not repeated here. As a result, a
final 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. There are no
relevant Federal rules that may duplicate, overlap, or conflict with
the final action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indians-lands, Recreation and recreation areas,
Reporting and record keeping requirements, Treaties.
Dated: June 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
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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.
Sec. 660.502 [Amended]
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2. In Sec. 660.502, remove the definition ``Actively managed
species''.
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3. In Sec. 660.511, revise paragraph (k) to read as follows:
Sec. 660.511 Catch restrictions.
* * * * *
(k) The following annual catch limit applies to fishing for
Northern Anchovy (Central Subpopulation): 25,000 mt.
[FR Doc. 2023-14009 Filed 6-30-23; 8:45 am]
BILLING CODE 3510-22-P
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