80_FR_29394 80 FR 29296 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

80 FR 29296 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29296-29298
FR Document2015-12321

NMFS proposes to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, simply Pacific sardine), in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2015, through June 30, 2016. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed would include a prohibition on directed non-tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon and California, which is required because the estimated 2015 biomass of Pacific sardine has dropped below the cutoff threshold in the HG control rule. Under the proposed action Pacific sardine may still be harvested as part of either the live bait or tribal fishery or incidental to other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for 2015-2016 Pacific sardine fishing year is 7,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29296-29298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150428405-5405-01]
RIN 0648-XD927


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to implement annual management measures and 
harvest specifications to establish the allowable catch levels (i.e. 
annual catch limit (ACL)/harvest guideline (HG)) for the northern 
subpopulation of Pacific sardine (hereafter, simply Pacific sardine), 
in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the 
fishing season of July 1, 2015, through June 30, 2016. This rule is 
proposed according to the Coastal Pelagic Species (CPS) Fishery 
Management Plan (FMP). The proposed would include a prohibition on 
directed non-tribal Pacific sardine commercial fishing for Pacific 
sardine off the coasts of Washington, Oregon and California, which is 
required because the estimated 2015 biomass of Pacific sardine has 
dropped below the cutoff threshold in the HG control rule. Under the 
proposed action Pacific sardine may still be harvested as part of 
either the live bait or tribal fishery or incidental to other 
fisheries; the incidental harvest of Pacific sardine would initially be 
limited to 40-percent by weight of all fish per trip when caught with 
other CPS or up to 2 metric tons (mt) when caught with non-CPS. The 
proposed annual catch limit (ACL) for 2015-2016 Pacific sardine fishing 
year is 7,000 mt. This proposed rule is intended to conserve and manage 
the Pacific sardine stock off the U.S. West Coast.

DATES: Comments must be received by June 5, 2015.

ADDRESSES: You may submit comments on this document identified by NOAA-
NMFS-2015-0064 by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0064, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to William W. Stelle, Jr., 
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; Attn: Joshua Lindsay.
     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).
    Copies of the report ``Assessment of Pacific Sardine Resource in 
2015 for U.S.A. Management in 2015-2016'' may be obtained from the West 
Coast Regional Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: During public meetings each year, the 
estimated biomass for Pacific sardine is presented to the Pacific 
Fishery Management Council's (Council) CPS Management Team (Team), the 
Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific 
and Statistical Committee (SSC), and the biomass and the status of the 
fishery are reviewed and discussed. The biomass estimate is then 
presented to the Council along with the calculated overfishing limit 
(OFL), available biological catch (ABC), and HG, along with 
recommendations and comments from the Team, Subpanel, and SSC. 
Following review by the Council and after hearing public comment, the 
Council adopts a biomass estimate and makes its catch level 
recommendations to NMFS. NMFS manages the Pacific sardine fishery in 
the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) 
in accordance with the FMP. Annual specifications published in the 
Federal Register establish the allowable harvest levels (i.e. OFL/ACL/
HG) for each Pacific sardine fishing year. The purpose of this proposed 
rule is to implement these annual catch reference points for 2015-2016, 
including the OFL and an ABC that takes into consideration uncertainty 
surrounding the current estimate of biomass for Pacific sardine in the 
U.S. EEZ off the Pacific coast. The FMP and its implementing 
regulations require NMFS to set these annual catch levels for the 
Pacific sardine fishery based on the annual specification framework and 
control rules in the FMP. These control rules include the HG control 
rule, which in conjunction with the OFL and ABC rules in the FMP, are 
used to manage harvest levels for Pacific sardine, in accordance with 
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. According to the FMP, the quota for the principle 
commercial fishery is determined using the FMP-specified harvest 
guideline (HG) formula. The HG formula in the CPS FMP is HG = [(Biomass 
- CUTOFF) * FRACTION * DISTRIBUTION] with the parameters described as 
follows:
    1. Biomass. The estimated stock biomass of Pacific sardine age one 
and above. For the 2015-2016 management season this is 96,688 mt.
    2. CUTOFF. This is the biomass level below which no HG is set. The 
FMP established this level at 150,000 mt.
    3. DISTRIBUTION. The average portion of the Pacific sardine biomass 
estimated in the EEZ off the Pacific coast is 87 percent.
    4. FRACTION. The temperature-varying harvest fraction is the 
percentage of the biomass above 150,000 mt that may be harvested.
    As described above, the Pacific sardine HG control rule, the 
primary mechanism for setting the annual directed commercial fishery 
quota, includes a CUTOFF parameter which has been set as a biomass 
amount of 150,000 mt. This amount is subtracted from the annual biomass 
estimate before calculating the applicable HG for the fishing year. 
Therefore, because this year's biomass estimate is below that

[[Page 29297]]

value, the formula results in an HG of zero and therefore no Pacific 
sardine are available for the commercial directed fishery during the 
2015-2016 fishing season.
    At the April 2015 Council meeting, the Council adopted the 
``Assessment of the Pacific Sardine Resource in 2015 for U.S.A. 
Management in 2015-2016'' completed by NMFS Southwest Fisheries Science 
Center and the resulting Pacific sardine biomass estimate of 96,688 mt. 
Based on recommendations from its SSC and other advisory bodies, the 
Council recommended and NMFS is proposing, an OFL of 13,227 mt, an ABC 
of 12,074 mt, and a prohibition on sardine catch unless it is harvested 
as part of either the live bait or tribal fishery or incidental to 
other fisheries for the 2015-2016 Pacific sardine fishing year. As 
additional conservation measures, the Council also recommended and NMFS 
is proposing an ACL of 7,000 mt and an annual catch target (ACT) of 
4,000 mt under which the incidental catch of Pacific sardine in other 
CPS fisheries would be managed. Incidental catch under the ACT would 
also be subject to the following management controls to reduce 
targeting and potential discard of Pacific sardine: (1) A 40 percent by 
weight incidental catch rate when Pacific sardine are landed with other 
CPS until a total of 1,500 mt of Pacific sardine are landed, (2) after 
1,500 mt have been caught the allowance would be reduced to 30 percent, 
and (3) when 4,000 mt is reached the incidental per landing allowance 
would be reduced to 5 percent for the remainder of the 2015-2016 
fishing year. Additionally, the council adopted a 2 mt incidental per 
landing allowance in non-CPS fisheries. Because Pacific sardine is 
known to comingle with other CPS stocks, these incidental allowances 
were adopted to allow for the continued prosecution of these other 
important CPS fisheries and reduce the potential discard of sardine.
    The NMFS West Coast Regional Administrator would publish a notice 
in the Federal Register announcing the date of attainment of any of the 
incidental catch levels described above and subsequent changes to 
allowable incidental catch percentages. Additionally, to ensure the 
regulated community is informed of any closure, NMFS will also make 
announcements through other means available, including fax, email, and 
mail to fishermen, processors, and state fishery management agencies.
    In the previous 3 fishing years the Quinault Indian Nation 
requested, and NMFS approved, set-asides for the exclusive right to 
harvest Pacific sardine in the Quinault Usual and Accustomed Fishing 
Area off the coast of Washington State, pursuant to the 1856 Treaty of 
Olympia (Treaty with the Quinault). For the 2015-2016 fishing season 
the Quinault Indian Nation has requested that NMFS provide a set-aside 
of 1,000 mt (3,000 mt less than was requested and approved in 2014-
2015) and NMFS is considering the request.
    Detailed information on the fishery and the stock assessment are 
found in the report ``Assessment of the Pacific Sardine Resource in 
2015 for U.S.A. Management in 2015-2016'' (see ADDRESSES).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the CPS FMP, 
other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law, subject to further 
consideration after public comment.
    These proposed specifications are exempt from review under 
Executive Order 12866 because they contain no implementing regulations.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as 
required by section 3 of the Regulatory Flexibility Act, 5 U.S.C. 603. 
The IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. The results of the analysis are stated below. 
For copies of the IRFA, and instructions on how to send comments on the 
IRFA, please see the ADDRESSES section above.
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard for Finfish Fishing from $19.0 to 20.5 
million, Shellfish Fishing from $5.0 to 5.5 million, and Other Marine 
Fishing from $7.0 to 7.5 million. 78 FR 33656, 33660, 33666 (See Table 
1). NMFS conducted its analysis for this action in light of the new 
size standards.
    The purpose of this proposed rule is to conserve the Pacific 
sardine stock by preventing overfishing, so that directed fishing may 
occur in future years. This is accomplished by implementing the 2015-
2016 annual specifications for Pacific sardine in the U.S. EEZ off the 
Pacific coast. The small entities that would be affected by the 
proposed action are the vessels that fish for Pacific sardine as part 
of the West Coast CPS small purse seine fleet. As stated above, the 
U.S. Small Business Administration now defines small businesses engaged 
in finfish fishing as those vessels with annual revenues of $20.5 
million or less. Under the former, lower standards, all entities 
subject to this action in previous years were considered small 
entities, and under the new standards they continue to be considered 
small. In 2014, there were approximately 81 vessels permitted to 
operate in the directed sardine fishery component of the CPS fishery 
off the U.S. West Coast; 58 vessels in the Federal CPS limited entry 
fishery off California (south of 39 N. lat.), and a combined 23 vessels 
in Oregon and Washington's state Pacific sardine fisheries. The average 
annual per vessel revenue in 2014 for the West Coast CPS finfish fleet 
was well below $20.5 million; therefore, all of these vessels therefore 
are considered small businesses under the RFA. Because each affected 
vessel is a small business, this proposed rule has an equal effect on 
all of these small entities and therefore will impact a substantial 
number of these small entities in the same manner. Therefore, this rule 
would not create disproportionate costs between small and large 
vessels/businesses.
    For the 2014-2015 fishing year, approximately 22,076 mt were 
available for harvest by the directed non-tribal commercial fishery 
(this includes 2,500 rolled over from the tribal set aside). 
Approximately 19,440 mt (approximately 3,378 mt in California and 
16,023 mt in Oregon and Washington) of this allocation was harvested 
during the 2014-2015 fishing season, for an estimated ex-vessel value 
of $8.8 million.
    The CPS FMP and its implementing regulations require NMFS to 
annually set an OFL, ABC, ACL and HG or ACT for the Pacific sardine 
fishery based on the specified harvest control rules in the FMP applied 
to the current stock biomass estimate for that year. The derived annual 
HG or ACT is the level typically used to manage the principle 
commercial sardine fishery and is the harvest level typically used by 
NMFS for profitability analysis each year. As stated above, the FMP 
dictates that when the estimated biomass drops below a certain level 
(150,000 mt) that there is no HG. Therefore, purposes of profitability 
analysis, this action is essentially proposing that an HG of zero for 
the 2015-2016 Pacific sardine

[[Page 29298]]

fishing season (July 1, 2014 through June 30, 2015). As there is no 
directed fishing for the 2015-2016 fishing year, the proposed rule will 
decrease small entities' potential profitability compared to last 
season.
    However, revenue derived from harvesting Pacific sardine is 
typically only one source of fishing revenue for a majority of the 
vessels that harvest Pacific sardine; as a result, the economic impact 
to the fleet from the proposed action cannot be viewed in isolation. 
From year to year, depending on market conditions and availability of 
fish, most CPS/sardine vessels supplement their income by harvesting 
other species. Many vessels in California also harvest anchovy, 
mackerel, and in particular squid, making Pacific sardine only one 
component of a multi-species CPS fishery. For example, market squid 
have been readily available to the fishery in California over the last 
three years with total annual ex-vessel revenue averaging approximately 
$66 million over that time, compared to an annual average ex-vessel 
from sardine of $16 million over that same time period. Additionally, 
some sardine vessels that operate off of Oregon and Washington also 
fish for salmon in Alaska or squid in California during times of the 
year when sardine are not available. The purpose of the proposed 
incidental allowances under this action are to ensure the vessels 
impacted by this sardine action can still access these other profitable 
fisheries while still limited the harvest of sardine.
    These vessels typically rely on multiple species for profitability 
because abundance of sardine, like the other CPS stocks, is highly 
associated with ocean conditions and different times of the year, and 
therefore are harvested at various times and areas throughout the year. 
Because each species responds to ocean conditions in its own way, not 
all CPS stocks are likely to be abundant at the same time; therefore, 
as abundance levels and markets fluctuate, it has necessitated that the 
CPS fishery as a whole rely on a group of species for its annual 
revenues. Therefore, although there will a reduction in sardine revenue 
for the small entities affected by this proposed action as compared to 
the previous season, it is difficult to predict exactly how this 
reduction will impact overall annual revenue for the fleet.
    No significant alternatives to this proposed rule exist that would 
accomplish the stated objectives of the applicable statutes and which 
would minimize any significant economic impact of this proposed rule on 
the affected small entities. The CPS FMP and its implementing 
regulations require NMFS to calculate annual harvest levels by applying 
the harvest control rule formulas to the current stock biomass 
estimate. Therefore, if the estimated biomass decreases or increases 
from one year to the next, so do the applicable quotas. Determining the 
annual harvest levels merely implements the established procedures of 
the FMP with the goal of continuing to provide expected net benefits to 
the nation, regardless of what the specific annual allowable harvest of 
Pacific sardine is determined to be.
    There are no reporting, record-keeping, or other compliance 
requirements required by this proposed rule. Additionally, no other 
Federal rules duplicate, overlap or conflict with this proposed rule.
    This action does not contain a collection-of-information 
requirement for purposes of the Paper Reduction Act.

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

    Dated: May 14, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-12321 Filed 5-20-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                29296                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                signature, address, telephone number, if                limited to 40-percent by weight of all                and HG, along with recommendations
                                                any, and the association, institution, or               fish per trip when caught with other                  and comments from the Team,
                                                business affiliation, if any, of the                    CPS or up to 2 metric tons (mt) when                  Subpanel, and SSC. Following review
                                                petitioner. If a petition is withdrawn,                 caught with non-CPS. The proposed                     by the Council and after hearing public
                                                the Secretary may, at his or her                        annual catch limit (ACL) for 2015–2016                comment, the Council adopts a biomass
                                                discretion, discontinue action on the                   Pacific sardine fishing year is 7,000 mt.             estimate and makes its catch level
                                                petition finding, even if the Secretary                 This proposed rule is intended to                     recommendations to NMFS. NMFS
                                                has already made a positive 90-day                      conserve and manage the Pacific sardine               manages the Pacific sardine fishery in
                                                finding.                                                stock off the U.S. West Coast.                        the U.S. EEZ off the Pacific coast
                                                  Dated: May 15, 2015.                                  DATES: Comments must be received by                   (California, Oregon, and Washington) in
                                                                                                        June 5, 2015.                                         accordance with the FMP. Annual
                                                Michael J. Bean,
                                                                                                        ADDRESSES: You may submit comments                    specifications published in the Federal
                                                Principal Deputy Assistant Secretary for Fish
                                                                                                        on this document identified by NOAA–                  Register establish the allowable harvest
                                                and Wildlife and Parks.
                                                                                                        NMFS–2015–0064 by any of the                          levels (i.e. OFL/ACL/HG) for each
                                                  Dated: May 13, 2015.                                                                                        Pacific sardine fishing year. The
                                                Samuel D. Rauch III,                                    following methods:
                                                                                                           • Electronic Submissions: Submit all               purpose of this proposed rule is to
                                                Deputy Assistant Administrator for                                                                            implement these annual catch reference
                                                Regulatory Programs, National Marine                    electronic public comments via the
                                                                                                        Federal e-Rulemaking Portal. Go to                    points for 2015–2016, including the
                                                Fisheries Service.                                                                                            OFL and an ABC that takes into
                                                [FR Doc. 2015–12316 Filed 5–20–15; 8:45 am]
                                                                                                        www.regulations.gov/
                                                                                                        #!docketDetail;D=NOAA-NMFS-2015-                      consideration uncertainty surrounding
                                                BILLING CODE 4310–55–P; 3510–22–P
                                                                                                        0064, click the ‘‘Comment Now!’’ icon,                the current estimate of biomass for
                                                                                                        complete the required fields, and enter               Pacific sardine in the U.S. EEZ off the
                                                                                                        or attach your comments.                              Pacific coast. The FMP and its
                                                DEPARTMENT OF COMMERCE                                                                                        implementing regulations require NMFS
                                                                                                           • Mail: Submit written comments to
                                                                                                        William W. Stelle, Jr., Regional                      to set these annual catch levels for the
                                                National Oceanic and Atmospheric
                                                                                                        Administrator, West Coast Region,                     Pacific sardine fishery based on the
                                                Administration
                                                                                                        NMFS, 7600 Sand Point Way NE.,                        annual specification framework and
                                                                                                        Seattle, WA 98115–0070; Attn: Joshua                  control rules in the FMP. These control
                                                50 CFR Part 660
                                                                                                        Lindsay.                                              rules include the HG control rule, which
                                                [Docket No. 150428405–5405–01]                             • Instructions: Comments sent by any               in conjunction with the OFL and ABC
                                                RIN 0648–XD927                                          other method, to any other address or                 rules in the FMP, are used to manage
                                                                                                        individual, or received after the end of              harvest levels for Pacific sardine, in
                                                Fisheries Off West Coast States;                        the comment period, may not be                        accordance with the Magnuson-Stevens
                                                Coastal Pelagic Species Fisheries;                      considered by NMFS. All comments                      Fishery Conservation and Management
                                                Annual Specifications                                   received are a part of the public record              Act, 16 U.S.C. 1801 et seq. According to
                                                                                                        and will generally be posted for public               the FMP, the quota for the principle
                                                AGENCY:  National Marine Fisheries                                                                            commercial fishery is determined using
                                                Service (NMFS), National Oceanic and                    viewing on www.regulations.gov
                                                                                                        without change. All personal identifying              the FMP-specified harvest guideline
                                                Atmospheric Administration (NOAA),                                                                            (HG) formula. The HG formula in the
                                                Commerce.                                               information (e.g., name, address, etc.),
                                                                                                        confidential business information, or                 CPS FMP is HG = [(Biomass ¥
                                                ACTION: Proposed rule.                                                                                        CUTOFF) * FRACTION *
                                                                                                        otherwise sensitive information
                                                                                                        submitted voluntarily by the sender will              DISTRIBUTION] with the parameters
                                                SUMMARY:    NMFS proposes to implement                                                                        described as follows:
                                                annual management measures and                          be publicly accessible. NMFS will
                                                                                                                                                                 1. Biomass. The estimated stock
                                                harvest specifications to establish the                 accept anonymous comments (enter ‘‘N/
                                                                                                                                                              biomass of Pacific sardine age one and
                                                allowable catch levels (i.e. annual catch               A’’ in the required fields if you wish to
                                                                                                                                                              above. For the 2015–2016 management
                                                limit (ACL)/harvest guideline (HG)) for                 remain anonymous).
                                                                                                           Copies of the report ‘‘Assessment of               season this is 96,688 mt.
                                                the northern subpopulation of Pacific                                                                            2. CUTOFF. This is the biomass level
                                                sardine (hereafter, simply Pacific                      Pacific Sardine Resource in 2015 for
                                                                                                                                                              below which no HG is set. The FMP
                                                sardine), in the U.S. exclusive economic                U.S.A. Management in 2015–2016’’ may
                                                                                                                                                              established this level at 150,000 mt.
                                                zone (EEZ) off the Pacific coast for the                be obtained from the West Coast                          3. DISTRIBUTION. The average
                                                fishing season of July 1, 2015, through                 Regional Office (see ADDRESSES).                      portion of the Pacific sardine biomass
                                                June 30, 2016. This rule is proposed                    FOR FURTHER INFORMATION CONTACT:                      estimated in the EEZ off the Pacific
                                                according to the Coastal Pelagic Species                Joshua Lindsay, West Coast Region,                    coast is 87 percent.
                                                (CPS) Fishery Management Plan (FMP).                    NMFS, (562) 980–4034.                                    4. FRACTION. The temperature-
                                                The proposed would include a                            SUPPLEMENTARY INFORMATION: During                     varying harvest fraction is the
                                                prohibition on directed non-tribal                      public meetings each year, the estimated              percentage of the biomass above 150,000
                                                Pacific sardine commercial fishing for                  biomass for Pacific sardine is presented              mt that may be harvested.
                                                Pacific sardine off the coasts of                       to the Pacific Fishery Management                        As described above, the Pacific
                                                Washington, Oregon and California,                      Council’s (Council) CPS Management                    sardine HG control rule, the primary
                                                which is required because the estimated                 Team (Team), the Council’s CPS                        mechanism for setting the annual
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                2015 biomass of Pacific sardine has                     Advisory Subpanel (Subpanel) and the                  directed commercial fishery quota,
                                                dropped below the cutoff threshold in                   Council’s Scientific and Statistical                  includes a CUTOFF parameter which
                                                the HG control rule. Under the proposed                 Committee (SSC), and the biomass and                  has been set as a biomass amount of
                                                action Pacific sardine may still be                     the status of the fishery are reviewed                150,000 mt. This amount is subtracted
                                                harvested as part of either the live bait               and discussed. The biomass estimate is                from the annual biomass estimate before
                                                or tribal fishery or incidental to other                then presented to the Council along                   calculating the applicable HG for the
                                                fisheries; the incidental harvest of                    with the calculated overfishing limit                 fishing year. Therefore, because this
                                                Pacific sardine would initially be                      (OFL), available biological catch (ABC),              year’s biomass estimate is below that


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                           29297

                                                value, the formula results in an HG of                  exclusive right to harvest Pacific sardine            Pacific sardine in the U.S. EEZ off the
                                                zero and therefore no Pacific sardine are               in the Quinault Usual and Accustomed                  Pacific coast. The small entities that
                                                available for the commercial directed                   Fishing Area off the coast of Washington              would be affected by the proposed
                                                fishery during the 2015–2016 fishing                    State, pursuant to the 1856 Treaty of                 action are the vessels that fish for
                                                season.                                                 Olympia (Treaty with the Quinault). For               Pacific sardine as part of the West Coast
                                                   At the April 2015 Council meeting,                   the 2015–2016 fishing season the                      CPS small purse seine fleet. As stated
                                                the Council adopted the ‘‘Assessment of                 Quinault Indian Nation has requested                  above, the U.S. Small Business
                                                the Pacific Sardine Resource in 2015 for                that NMFS provide a set-aside of 1,000                Administration now defines small
                                                U.S.A. Management in 2015–2016’’                        mt (3,000 mt less than was requested                  businesses engaged in finfish fishing as
                                                completed by NMFS Southwest                             and approved in 2014–2015) and NMFS                   those vessels with annual revenues of
                                                Fisheries Science Center and the                        is considering the request.                           $20.5 million or less. Under the former,
                                                resulting Pacific sardine biomass                          Detailed information on the fishery                lower standards, all entities subject to
                                                estimate of 96,688 mt. Based on                         and the stock assessment are found in                 this action in previous years were
                                                recommendations from its SSC and                        the report ‘‘Assessment of the Pacific                considered small entities, and under the
                                                other advisory bodies, the Council                      Sardine Resource in 2015 for U.S.A.                   new standards they continue to be
                                                recommended and NMFS is proposing,                      Management in 2015–2016’’ (see                        considered small. In 2014, there were
                                                an OFL of 13,227 mt, an ABC of 12,074                   ADDRESSES).                                           approximately 81 vessels permitted to
                                                mt, and a prohibition on sardine catch                                                                        operate in the directed sardine fishery
                                                                                                        Classification
                                                unless it is harvested as part of either                                                                      component of the CPS fishery off the
                                                the live bait or tribal fishery or                         Pursuant to section 304(b)(1)(A) of the            U.S. West Coast; 58 vessels in the
                                                incidental to other fisheries for the                   Magnuson-Stevens Fishery                              Federal CPS limited entry fishery off
                                                2015–2016 Pacific sardine fishing year.                 Conservation and Management Act, the                  California (south of 39 N. lat.), and a
                                                As additional conservation measures,                    NMFS Assistant Administrator has                      combined 23 vessels in Oregon and
                                                the Council also recommended and                        determined that this proposed rule is                 Washington’s state Pacific sardine
                                                NMFS is proposing an ACL of 7,000 mt                    consistent with the CPS FMP, other                    fisheries. The average annual per vessel
                                                and an annual catch target (ACT) of                     provisions of the Magnuson-Stevens                    revenue in 2014 for the West Coast CPS
                                                4,000 mt under which the incidental                     Fishery Conservation and Management                   finfish fleet was well below $20.5
                                                catch of Pacific sardine in other CPS                   Act, and other applicable law, subject to             million; therefore, all of these vessels
                                                fisheries would be managed. Incidental                  further consideration after public                    therefore are considered small
                                                catch under the ACT would also be                       comment.                                              businesses under the RFA. Because each
                                                subject to the following management                        These proposed specifications are                  affected vessel is a small business, this
                                                controls to reduce targeting and                        exempt from review under Executive                    proposed rule has an equal effect on all
                                                potential discard of Pacific sardine: (1)               Order 12866 because they contain no                   of these small entities and therefore will
                                                A 40 percent by weight incidental catch                 implementing regulations.                             impact a substantial number of these
                                                rate when Pacific sardine are landed                       An Initial Regulatory Flexibility                  small entities in the same manner.
                                                with other CPS until a total of 1,500 mt                Analysis (IRFA) was prepared, as                      Therefore, this rule would not create
                                                of Pacific sardine are landed, (2) after                required by section 3 of the Regulatory               disproportionate costs between small
                                                1,500 mt have been caught the                           Flexibility Act, 5 U.S.C. 603. The IRFA               and large vessels/businesses.
                                                allowance would be reduced to 30                        describes the economic impact this                       For the 2014–2015 fishing year,
                                                percent, and (3) when 4,000 mt is                       proposed rule, if adopted, would have                 approximately 22,076 mt were available
                                                reached the incidental per landing                      on small entities. A description of the               for harvest by the directed non-tribal
                                                allowance would be reduced to 5                         action, why it is being considered, and               commercial fishery (this includes 2,500
                                                percent for the remainder of the 2015–                  the legal basis for this action are                   rolled over from the tribal set aside).
                                                2016 fishing year. Additionally, the                    contained at the beginning of this                    Approximately 19,440 mt
                                                council adopted a 2 mt incidental per                   section in the preamble and in the                    (approximately 3,378 mt in California
                                                landing allowance in non-CPS fisheries.                 SUMMARY section of the preamble. The                  and 16,023 mt in Oregon and
                                                Because Pacific sardine is known to                     results of the analysis are stated below.             Washington) of this allocation was
                                                comingle with other CPS stocks, these                   For copies of the IRFA, and instructions              harvested during the 2014–2015 fishing
                                                incidental allowances were adopted to                   on how to send comments on the IRFA,                  season, for an estimated ex-vessel value
                                                allow for the continued prosecution of                  please see the ADDRESSES section above.               of $8.8 million.
                                                these other important CPS fisheries and                    On June 12, 2014, the Small Business                  The CPS FMP and its implementing
                                                reduce the potential discard of sardine.                Administration (SBA) issued an interim                regulations require NMFS to annually
                                                   The NMFS West Coast Regional                         final rule revising the small business                set an OFL, ABC, ACL and HG or ACT
                                                Administrator would publish a notice in                 size standards for several industries                 for the Pacific sardine fishery based on
                                                the Federal Register announcing the                     effective July 14, 2014 (79 FR 33467).                the specified harvest control rules in the
                                                date of attainment of any of the                        The rule increased the size standard for              FMP applied to the current stock
                                                incidental catch levels described above                 Finfish Fishing from $19.0 to 20.5                    biomass estimate for that year. The
                                                and subsequent changes to allowable                     million, Shellfish Fishing from $5.0 to               derived annual HG or ACT is the level
                                                incidental catch percentages.                           5.5 million, and Other Marine Fishing                 typically used to manage the principle
                                                Additionally, to ensure the regulated                   from $7.0 to 7.5 million. 78 FR 33656,                commercial sardine fishery and is the
                                                community is informed of any closure,                   33660, 33666 (See Table 1). NMFS                      harvest level typically used by NMFS
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                                                NMFS will also make announcements                       conducted its analysis for this action in             for profitability analysis each year. As
                                                through other means available,                          light of the new size standards.                      stated above, the FMP dictates that
                                                including fax, email, and mail to                          The purpose of this proposed rule is               when the estimated biomass drops
                                                fishermen, processors, and state fishery                to conserve the Pacific sardine stock by              below a certain level (150,000 mt) that
                                                management agencies.                                    preventing overfishing, so that directed              there is no HG. Therefore, purposes of
                                                   In the previous 3 fishing years the                  fishing may occur in future years. This               profitability analysis, this action is
                                                Quinault Indian Nation requested, and                   is accomplished by implementing the                   essentially proposing that an HG of zero
                                                NMFS approved, set-asides for the                       2015–2016 annual specifications for                   for the 2015–2016 Pacific sardine


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                                                29298                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                fishing season (July 1, 2014 through                    proposed incidental allowances under                  affected small entities. The CPS FMP
                                                June 30, 2015). As there is no directed                 this action are to ensure the vessels                 and its implementing regulations
                                                fishing for the 2015–2016 fishing year,                 impacted by this sardine action can still             require NMFS to calculate annual
                                                the proposed rule will decrease small                   access these other profitable fisheries               harvest levels by applying the harvest
                                                entities’ potential profitability compared              while still limited the harvest of                    control rule formulas to the current
                                                to last season.                                         sardine.                                              stock biomass estimate. Therefore, if the
                                                   However, revenue derived from                           These vessels typically rely on                    estimated biomass decreases or
                                                harvesting Pacific sardine is typically                 multiple species for profitability                    increases from one year to the next, so
                                                only one source of fishing revenue for                  because abundance of sardine, like the                do the applicable quotas. Determining
                                                a majority of the vessels that harvest                  other CPS stocks, is highly associated                the annual harvest levels merely
                                                Pacific sardine; as a result, the economic              with ocean conditions and different                   implements the established procedures
                                                impact to the fleet from the proposed                   times of the year, and therefore are                  of the FMP with the goal of continuing
                                                action cannot be viewed in isolation.                   harvested at various times and areas                  to provide expected net benefits to the
                                                From year to year, depending on market                  throughout the year. Because each                     nation, regardless of what the specific
                                                conditions and availability of fish, most               species responds to ocean conditions in               annual allowable harvest of Pacific
                                                CPS/sardine vessels supplement their                    its own way, not all CPS stocks are                   sardine is determined to be.
                                                income by harvesting other species.                     likely to be abundant at the same time;                  There are no reporting, record-
                                                Many vessels in California also harvest                 therefore, as abundance levels and                    keeping, or other compliance
                                                anchovy, mackerel, and in particular                    markets fluctuate, it has necessitated                requirements required by this proposed
                                                squid, making Pacific sardine only one                  that the CPS fishery as a whole rely on               rule. Additionally, no other Federal
                                                component of a multi-species CPS                        a group of species for its annual                     rules duplicate, overlap or conflict with
                                                fishery. For example, market squid have                 revenues. Therefore, although there will              this proposed rule.
                                                been readily available to the fishery in                a reduction in sardine revenue for the                   This action does not contain a
                                                California over the last three years with               small entities affected by this proposed              collection-of-information requirement
                                                total annual ex-vessel revenue averaging                action as compared to the previous                    for purposes of the Paper Reduction Act.
                                                approximately $66 million over that                     season, it is difficult to predict exactly
                                                                                                                                                                Authority: 16 U.S.C. 1801 et seq.
                                                time, compared to an annual average ex-                 how this reduction will impact overall
                                                vessel from sardine of $16 million over                 annual revenue for the fleet.                           Dated: May 14, 2015.
                                                that same time period. Additionally,                       No significant alternatives to this                Samuel D. Rauch III,
                                                some sardine vessels that operate off of                proposed rule exist that would                        Deputy Assistant Administrator for
                                                Oregon and Washington also fish for                     accomplish the stated objectives of the               Regulatory Programs, National Marine
                                                salmon in Alaska or squid in California                 applicable statutes and which would                   Fisheries Service.
                                                during times of the year when sardine                   minimize any significant economic                     [FR Doc. 2015–12321 Filed 5–20–15; 8:45 am]
                                                are not available. The purpose of the                   impact of this proposed rule on the                   BILLING CODE 3510–22–P
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Document Created: 2018-10-24 10:27:06
Document Modified: 2018-10-24 10:27:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by June 5, 2015.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034.
FR Citation80 FR 29296 
RIN Number0648-XD92

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