80_FR_37057 80 FR 36933 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

80 FR 36933 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36933-36936
FR Document2015-15838

NMFS issues this final rule 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. These specifications were determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This action includes 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 this 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 will 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 ACL for 2015-2016 Pacific sardine fishing year is 7,000 mt. This rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36933-36936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15838]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150428405-5539-02]
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: Final rule.

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SUMMARY: NMFS issues this final rule 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. 
These specifications were determined according to the Coastal Pelagic 
Species (CPS) Fishery Management Plan (FMP). This action includes 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 this 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 will 
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 ACL for 2015-2016 Pacific sardine fishing year is 7,000 mt. 
This rule is intended to conserve and manage the Pacific sardine stock 
off the U.S. West Coast.

DATES: Effective July 1, 2015 through June 30, 2016.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in 
the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) 
in accordance with the CPS FMP. Annual specifications published in the 
Federal Register establish the allowable harvest levels (i.e. over 
fishing limit (OFL)/ACL/HG) for each Pacific sardine fishing year. The 
purpose of this final rule is to implement these annual catch reference 
points for the 2015-2016 fishing year. This final rule adopts, without 
changes, the reference points that NMFS proposed in the rule published 
on May 21, 2015 (80 FR 29296), including an 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 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. The FMP established this at 
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

[[Page 36934]]

directed commercial fishery quota, includes the 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 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 year.
    At the April 2015 Pacific Fishery Management Council (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 
Science and Statistical Committee (SSC) and other advisory bodies, the 
Council recommended and NMFS is implementing, an OFL of 13,227 mt, an 
available biological catch (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 implementing an ACL of 7,000 mt 
and an annual catch target (ACT) of 4,000 mt. Incidental catch of 
Pacific sardine in other CPS fisheries will be managed under the ACT 
and 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 will be reduced to 30 percent; 
and (3) when 4000 mt is reached, the incidental per landing allowance 
will 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 will 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 that 
the regulated community is informed of any closure, NMFS will make 
announcements through other means available, including fax, email, and 
mail to fishermen, processors, and state fishery management agencies.
    As explained in the proposed rule, 1,000 mt of the ACL are being 
set aside for tribal harvest use as a result of a request by the 
Quinault Indian Nation.
    On May 21, 2015, NMFS published a proposed rule for this action and 
solicited public comments (80 FR 29296), with a public comment period 
that ended on June 5, 2015. NMFS received two comments--explained 
below--regarding the proposed Pacific sardine specifications. After 
consideration of the public comments, no changes were made from the 
proposed rule. For further background information on this action please 
refer to the preamble of the proposed rule.

Comments and Responses

    Comment 1: The commenter stated that the language in the proposed 
rule seems to minimize the economic impact of the sardine closure on 
the fleet and that sardine income has been a critical component of 
profitability. The commenter requested that NMFS address the economic 
impacts of the closure by re-opening the sardine fishery as soon as 
possible. The commenter further states that the immediate focus should 
be on confirming whether the surveys used to estimate biomass are 
accurate.
    Response: NMFS understands and agrees that this action is likely to 
have a negative economic impact on vessels that harvest Pacific 
sardine. NMFS did not intend to minimize the potential lost revenue to 
sardine fisherman caused by this rule compared to previous seasons. 
Although most vessels within the CPS fleet may be able to shift fishing 
effort to other species and supplement economic losses incurred by the 
sardine closure, we also understand that for certain individuals, 
including the commenter, the prohibition on directed commercial harvest 
may carry a heavier financial burden. The fact that many sardine 
fishermen also participate in other fisheries, which is expected to 
help offset lost revenue from sardine harvest, was not the deciding 
factor for NMFS in taking this action.
    The CPS FMP and its implementing regulations require NMFS to set 
the harvest specifications for the Pacific sardine fishery using the 
control rules set in the FMP. As stated above, the Pacific sardine HG 
control rule includes a CUTOFF of 150,000 mt. When the sardine biomass 
drops below this level, the FMP dictates that there will be no quota 
allocated to the primary commercial directed fishery. Allowing a 
directed commercial fishery as requested by the commenter would 
therefore violate the FMP. While allowing directed commercial fishing 
for the 2015-2016 fishing year could provide short-term economic 
benefits, the HG control rule is intended to help ensure long-term 
opportunities for harvesting sardine and relatively stable levels of 
harvest as opposed to a ``boom-and-bust'' type fishery. Although even 
in the absence of a commercial fishery, unfavorable environmental 
conditions could keep the sardine population at a low level, the 
purpose of a cutoff that is three times greater than the overfished 
level (50,000 mt) is akin to having a pre-determined, systemic 
rebuilding program that limits fishing as the stock declines. A cutoff 
both helps prevent overfishing and also stops fishing at an early stage 
in the stock's decline to help maintain a stable core population of 
sardines that can jump-start a new cycle of population growth if the 
environmental conditions become favorable.
    With regard to the commenter's question about whether the surveys 
used to estimate sardine biomass are sound, as explained above under 
SUPPLEMENTARY INFORMATION, this year's biomass estimate used for the 
2015-2016 specifications went through extensive review, and along with 
the resulting OFL and ABC, was endorsed by the Council's SSC and NMFS 
as the best available science. The stock assessment for the 2015-2016 
fishing year, as with each annual stock assessment, went through a 
multi-stage review process including being reviewed and discussed by 
the Council, and the Council's SSC, CPS management team, and CPS 
advisory subpanel to ensure that the best available science is utilized 
when calculating the biomass estimate. Every year, NOAA conducts a 
stock assessment for the northern subpopulation of Pacific Sardine that 
combines fisheries data with data collected off the West Coast by NOAA 
research ships surveying for sardine eggs, larvae and schools of mature 
fish, with models that incorporate sardine biology. As noted by the 
commenter, in past years the assessment has also incorporated 
scientific information from industry sponsored aerial surveys. However, 
this survey was not conducted in 2014 so data was not available for use 
in the 2015 survey. If in future years this work becomes available then 
this data source can be incorporated.
    Comment 2: One commenter expressed support for the prohibition on

[[Page 36935]]

directed commercial sardine fishing, but opposed the proposed ACL and 
ACT levels, and requested that NMFS instead set an ACL of no more than 
1,000 mt. The commenter expressed an opinion that the FMP does not 
allow any fishing when the biomass drops below the CUTOFF. The 
commenter further stated that the proposed ACL would allow too much 
harvest at a time when the sardine biomass is low and would further 
reduce the population to an overfished condition and does not provide 
an incentive for fisherman to avoid incidentally catching sardine.
    Response: NMFS disagrees that the ACL and ACT implemented in this 
rule are not in line with the FMP or that they fail to prevent 
overfishing and thereby will not protect the stock from becoming 
overfished. The ACL and ACT should be viewed in the context of the OFL 
for the northern subpopulation of Pacific Sardine of 13,227 mt and an 
ABC of 12,074 mt that takes into account scientific uncertainty 
surrounding the OFL. These reference limits were recommended by the 
Council based on the control rules in the FMP and were endorsed the 
Council's SSC. The commenter does not note disagreement with these 
levels. By definition, fishing could conceivably occur up to these 
levels and overfishing would not be occurring and therefore fishing 
would not be the cause of the stock moving towards an overfished state. 
An ACL of 7,000 mt is well below both the OFL and ABC and with the ACT 
of 4,000 mt under which incidental catch of sardine will be managed, 
along with the multiple safeguards in place to keep the catch under 
that level, the management measures implemented by this rule are more 
than adequate to prevent exceeding the OFL.
    In response to the commenter's opinion that no harvest should be 
allowed when the biomass drops below the 150,000-mt CUTOFF, NMFS notes 
that the FMP does not forbid incidental, live bait or tribal harvest in 
this situation. It also appears that although the commenter states that 
the harvest rate in this situation should be zero, the commenter 
nevertheless agrees that the FMP can allow these types of harvest. The 
commenter specifically cites the CPS FMP language that allows for live 
bait harvest when the estimated biomass drops below the CUTOFF. The 
commenter also recommends setting the ACL at 1,000 mt to accommodate 
live bait, tribal and incidental harvest of sardine. Additionally, 
although the commenter disagrees with setting the ACL at 7,000 mt 
because it would allow a harvest rate above zero percent (which the 
commenter argues would violate the FMP), the commenter also requests 
that an ACL of 1,000 mt be implemented (implying that the commenter 
recognizes that the FMP allows a harvest rate above zero percent). 
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.''

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 final rule is consistent with the CPS FMP, other 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act, and other applicable law.
    NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effectiveness for the establishment of these final harvest 
specifications for the 2015-2016 Pacific sardine fishing season. In 
accordance with the FMP, this rule was recommended by the Council at 
its meeting in April 2015, the contents of which were based on the best 
available new information on the population status of Pacific sardine 
that became available at that time. Making these final specifications 
effective on July 1 is necessary for the conservation and management of 
the Pacific sardine resource. The FMP requires a prohibition on 
directed fishing for Pacific sardine for the 2015-2016 fishing year 
because the sardine biomass has dropped below the CUTOFF. The purpose 
of the CUTOFF in the FMP--and disallowing directed fishing when the 
biomass drops below this level--is to protect the stock when biomass is 
low and provide a buffer of spawning stock that is protected from 
fishing and available for use in rebuilding the stock. A delay in the 
effectiveness of this rule for a full 30 days would not allow the 
implementation of this prohibition prior to the expiration of the 
closure of the directed fishery on July 1, 2015, which was imposed 
under the 2014-2015 annual specifications.
    Delaying the effective date of this rule beyond July 1 would be 
contrary to the public interest because reducing Pacific sardine 
biomass beyond the limits set out in this action could decrease the 
sustainability of the Pacific sardine, as well as causing future 
harvest limits to be even lower under the harvest control rule, thereby 
reducing future profits of the fishery.
    These final specifications are exempt from review under Executive 
Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared for 
this action. The FRFA incorporates the Initial Regulatory Flexibility 
Analysis (IRFA). No issues were raised by public comments in response 
to the IRFA prepared pursuant to the Regulatory Flexibility Act (RFA) 
for this action or on the economic impacts of the rule generally. 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 FRFA are stated below. Additionally for copies of the FRFA, please 
see the FOR FURTHER INFORMATION CONTACT section above.
    The purpose of this action is to implement the 2015-2016 annual 
specifications for Pacific sardine in the U.S. EEZ off the Pacific 
coast. Annual specifications published in the Federal Register 
establish the allowable harvest levels (i.e. OFL/ACL/HG) for each 
Pacific sardine fishing year. This final rule adopts without changes 
the reference points that NMFS proposed in the rule published on May 
21, 2015 (80 FR 29296), including an 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.
    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 small entities that would be affected by the 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

[[Page 36936]]

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 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 released 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 year, 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, for purposes of 
profitability analysis, this action is implementing an HG of zero for 
the 2015-2016 Pacific sardine fishing year (July 1, 2014 through June 
30, 2015). As there is no directed fishing for the 2015-2016 fishing 
year, the 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 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 $15 
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 incidental allowances under this 
action are to ensure the vessels impacted by this sardine action can 
still access these other profitable fisheries while still limiting the 
harvest of sardine.
    These vessels typically rely on multiple species for profitability 
because the total and regional abundance of sardine, like the other CPS 
stocks, is highly associated with ocean conditions and seasons 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 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 action exist that would 
accomplish the stated objectives of the applicable statutes. The zero 
directed harvest level is required by the FMP. NMFS implemented 
incidental catch allowances, which minimizes the economic impact of 
this rule on the affected small entities and ensures that the CPS fleet 
can continue fishing other CPS species where sardine incidental catch 
is possible.
    There are no reporting, record-keeping, or other compliance 
requirements required by this final rule. Additionally, no other 
Federal rules duplicate, overlap or conflict with this final 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: June 23, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-15838 Filed 6-24-15; 4:15 pm]
BILLING CODE 3510-22-P



                                                                    Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations                                          36933

                                                bartered, traded, or sold such species                  potentially result in the discard of                   intended to conserve and manage the
                                                prior to the closure at 12:01 a.m., local               dolphin already harvested legally prior                Pacific sardine stock off the U.S. West
                                                time, June 30, 2015. During the closure,                to June 24, 2015.                                      Coast.
                                                the bag and possession limits specified                   For the aforementioned reasons, the                  DATES: Effective July 1, 2015 through
                                                in 50 CFR 622.277(a)(1) apply to all                    AA also finds good cause to waive the                  June 30, 2016.
                                                harvest or possession of dolphin in or                  30-day delay in the effectiveness of this              FOR FURTHER INFORMATION CONTACT:
                                                from the Atlantic EEZ. Additionally,                    action under 5 U.S.C. 553(d)(3).                       Joshua Lindsay, West Coast Region,
                                                these bag and possession limits apply in                  Authority: 16 U.S.C. 1801 et seq.                    NMFS, (562) 980–4034.
                                                the Atlantic EEZ (Maine through the
                                                                                                          Dated: June 24, 2015.                                SUPPLEMENTARY INFORMATION: NMFS
                                                east coast of Florida) on board a vessel
                                                                                                        Jennifer M. Wallace,                                   manages the Pacific sardine fishery in
                                                for which a valid Federal commercial or
                                                charter vessel/headboat permit for                      Acting Director, Office of Sustainable                 the U.S. EEZ off the Pacific coast
                                                dolphin and wahoo has been issued,                      Fisheries, National Marine Fisheries Service.          (California, Oregon, and Washington) in
                                                without regard to where such species                    [FR Doc. 2015–15863 Filed 6–24–15; 4:15 pm]            accordance with the CPS FMP. Annual
                                                were harvested, i.e., in state or Federal               BILLING CODE 3510–22–P                                 specifications published in the Federal
                                                waters. During the closure, the sale or                                                                        Register establish the allowable harvest
                                                purchase of dolphin taken from the EEZ                                                                         levels (i.e. over fishing limit (OFL)/ACL/
                                                is prohibited. The commercial sector for                DEPARTMENT OF COMMERCE                                 HG) for each Pacific sardine fishing
                                                dolphin will re-open on January 1, 2016,                                                                       year. The purpose of this final rule is to
                                                                                                        National Oceanic and Atmospheric                       implement these annual catch reference
                                                the beginning of the 2016 commercial
                                                                                                        Administration                                         points for the 2015–2016 fishing year.
                                                fishing season.
                                                                                                                                                               This final rule adopts, without changes,
                                                Classification                                          50 CFR Part 660                                        the reference points that NMFS
                                                   The Regional Administrator,                          [Docket No. 150428405–5539–02]                         proposed in the rule published on May
                                                Southeast Region, NMFS, has                                                                                    21, 2015 (80 FR 29296), including an
                                                                                                        RIN 0648–XD927                                         OFL and an ABC that takes into
                                                determined this temporary rule is
                                                necessary for the conservation and                                                                             consideration uncertainty surrounding
                                                                                                        Fisheries Off West Coast States;
                                                management of dolphin off the Atlantic                                                                         the current estimate of biomass for
                                                                                                        Coastal Pelagic Species Fisheries;
                                                states and is consistent with the                                                                              Pacific sardine in the U.S. EEZ off the
                                                                                                        Annual Specifications
                                                Magnuson-Stevens Act and other                                                                                 Pacific coast.
                                                applicable laws.                                        AGENCY:  National Marine Fisheries                        The FMP and its implementing
                                                   This action is taken under 50 CFR                    Service (NMFS), National Oceanic and                   regulations require NMFS to set these
                                                622.8(c) and 622.280(a)(1)(i) and is                    Atmospheric Administration (NOAA),                     annual catch levels for the Pacific
                                                exempt from review under Executive                      Commerce.                                              sardine fishery based on the annual
                                                Order 12866.                                            ACTION: Final rule.                                    specification framework and control
                                                   These measures are exempt from the                                                                          rules in the FMP. These control rules
                                                procedures of the Regulatory Flexibility                SUMMARY:    NMFS issues this final rule to             include the HG control rule, which in
                                                Act because the temporary rule is issued                implement annual management                            conjunction with the OFL and ABC
                                                without opportunity for prior notice and                measures and harvest specifications to                 rules in the FMP, are used to manage
                                                comment.                                                establish the allowable catch levels (i.e.             harvest levels for Pacific sardine, in
                                                   This action responds to the best                     annual catch limit (ACL)/harvest                       accordance with the Magnuson-Stevens
                                                scientific information available. The                   guideline (HG)) for the northern                       Fishery Conservation and Management
                                                Assistant Administrator for Fisheries,                  subpopulation of Pacific sardine                       Act, 16 U.S.C. 1801 et seq. According to
                                                NOAA (AA), finds that the need to                       (hereafter, simply Pacific sardine), in                the FMP, the quota for the principle
                                                immediately implement this action to                    the U.S. exclusive economic zone (EEZ)                 commercial fishery is determined using
                                                temporarily re-open the commercial                      off the Pacific coast for the fishing                  the FMP-specified HG formula. The HG
                                                sector for dolphin constitutes good                     season of July 1, 2015, through June 30,               formula in the CPS FMP is HG =
                                                cause to waive the requirements to                      2016. These specifications were                        [(Biomass-CUTOFF) * FRACTION *
                                                provide prior notice and opportunity for                determined according to the Coastal                    DISTRIBUTION] with the parameters
                                                public comment pursuant to the                          Pelagic Species (CPS) Fishery                          described as follows:
                                                authority set forth in 5 U.S.C. 553(b)(B),              Management Plan (FMP). This action                        1. Biomass. The estimated stock
                                                as such procedures are unnecessary and                  includes a prohibition on directed non-                biomass of Pacific sardine age one and
                                                contrary to the public interest. Such                   tribal Pacific sardine commercial fishing              above. For the 2015–2016 management
                                                procedures are unnecessary because the                  for Pacific sardine off the coasts of                  season this is 96,688 mt.
                                                rule implementing the commercial ACL                    Washington, Oregon and California,                        2. CUTOFF. This is the biomass level
                                                and AMs has been subject to notice and                  which is required because the estimated                below which no HG is set. The FMP
                                                comment, and all that remains is to                     2015 biomass of Pacific sardine has                    established this level at 150,000 mt.
                                                notify the public of the re-opening. Such               dropped below the cutoff threshold in                     3. DISTRIBUTION. The average
                                                procedures are contrary to the public                   the HG control rule. Under this action                 portion of the Pacific sardine biomass
                                                interest because of the need to                         Pacific sardine may still be harvested as              estimated in the EEZ off the Pacific
                                                immediately implement this action to                    part of either the live bait or tribal                 coast. The FMP established this at 87
                                                allow vessels with dolphin to transit                   fishery or incidental to other fisheries;              percent.
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                                                safely and land dolphin harvested in the                the incidental harvest of Pacific sardine                 4. FRACTION. The temperature-
                                                EEZ by June 30, 2015, while minimizing                  will initially be limited to 40-percent by             varying harvest fraction is the
                                                the risk of exceeding the commercial                    weight of all fish per trip when caught                percentage of the biomass above 150,000
                                                ACL. Prior notice and opportunity for                   with other CPS or up to 2 metric tons                  mt that may be harvested.
                                                public comment would require time,                      (mt) when caught with non-CPS. The                        As described above, the Pacific
                                                would delay the re-opening of the                       ACL for 2015–2016 Pacific sardine                      sardine HG control rule, the primary
                                                commercial sector, and would                            fishing year is 7,000 mt. This rule is                 mechanism for setting the annual


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                                                36934               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                directed commercial fishery quota,                      regulated community is informed of any                 quota allocated to the primary
                                                includes the CUTOFF parameter which                     closure, NMFS will make                                commercial directed fishery. Allowing a
                                                has been set as a biomass amount of                     announcements through other means                      directed commercial fishery as
                                                150,000 mt. This amount is subtracted                   available, including fax, email, and mail              requested by the commenter would
                                                from the annual biomass estimate before                 to fishermen, processors, and state                    therefore violate the FMP. While
                                                calculating the applicable HG for the                   fishery management agencies.                           allowing directed commercial fishing
                                                fishing year. Therefore, because this                      As explained in the proposed rule,                  for the 2015–2016 fishing year could
                                                year’s biomass estimate is below that                   1,000 mt of the ACL are being set aside                provide short-term economic benefits,
                                                value, the formula results in an HG of                  for tribal harvest use as a result of a                the HG control rule is intended to help
                                                zero and therefore no Pacific sardine are               request by the Quinault Indian Nation.                 ensure long-term opportunities for
                                                available for the commercial directed                      On May 21, 2015, NMFS published a                   harvesting sardine and relatively stable
                                                fishery during the 2015–2016 fishing                    proposed rule for this action and                      levels of harvest as opposed to a ‘‘boom-
                                                year.                                                   solicited public comments (80 FR                       and-bust’’ type fishery. Although even
                                                   At the April 2015 Pacific Fishery                    29296), with a public comment period                   in the absence of a commercial fishery,
                                                Management Council (Council) meeting,                   that ended on June 5, 2015. NMFS                       unfavorable environmental conditions
                                                the Council adopted the ‘‘Assessment of                 received two comments—explained                        could keep the sardine population at a
                                                the Pacific Sardine Resource in 2015 for                below—regarding the proposed Pacific                   low level, the purpose of a cutoff that is
                                                U.S.A. Management in 2015–2016’’                        sardine specifications. After                          three times greater than the overfished
                                                completed by NMFS Southwest                             consideration of the public comments,                  level (50,000 mt) is akin to having a pre-
                                                Fisheries Science Center and the                        no changes were made from the                          determined, systemic rebuilding
                                                resulting Pacific sardine biomass                       proposed rule. For further background                  program that limits fishing as the stock
                                                estimate of 96,688 mt. Based on                         information on this action please refer                declines. A cutoff both helps prevent
                                                recommendations from its Science and                    to the preamble of the proposed rule.                  overfishing and also stops fishing at an
                                                Statistical Committee (SSC) and other                   Comments and Responses                                 early stage in the stock’s decline to help
                                                advisory bodies, the Council                                                                                   maintain a stable core population of
                                                recommended and NMFS is                                    Comment 1: The commenter stated                     sardines that can jump-start a new cycle
                                                implementing, an OFL of 13,227 mt, an                   that the language in the proposed rule                 of population growth if the
                                                available biological catch (ABC) of                     seems to minimize the economic impact                  environmental conditions become
                                                12,074 mt, and a prohibition on sardine                 of the sardine closure on the fleet and                favorable.
                                                catch unless it is harvested as part of                 that sardine income has been a critical                   With regard to the commenter’s
                                                either the live bait or tribal fishery or               component of profitability. The                        question about whether the surveys
                                                incidental to other fisheries for the                   commenter requested that NMFS                          used to estimate sardine biomass are
                                                2015–2016 Pacific sardine fishing year.                 address the economic impacts of the                    sound, as explained above under
                                                As additional conservation measures,                    closure by re-opening the sardine                      SUPPLEMENTARY INFORMATION, this year’s
                                                the Council also recommended and                        fishery as soon as possible. The                       biomass estimate used for the 2015–
                                                NMFS is implementing an ACL of 7,000                    commenter further states that the                      2016 specifications went through
                                                mt and an annual catch target (ACT) of                  immediate focus should be on                           extensive review, and along with the
                                                4,000 mt. Incidental catch of Pacific                   confirming whether the surveys used to                 resulting OFL and ABC, was endorsed
                                                sardine in other CPS fisheries will be                  estimate biomass are accurate.                         by the Council’s SSC and NMFS as the
                                                managed under the ACT and be subject                       Response: NMFS understands and                      best available science. The stock
                                                to the following management controls to                 agrees that this action is likely to have              assessment for the 2015–2016 fishing
                                                reduce targeting and potential discard of               a negative economic impact on vessels                  year, as with each annual stock
                                                Pacific sardine: (1) A 40 percent by                    that harvest Pacific sardine. NMFS did                 assessment, went through a multi-stage
                                                weight incidental catch rate when                       not intend to minimize the potential lost              review process including being
                                                Pacific sardine are landed with other                   revenue to sardine fisherman caused by                 reviewed and discussed by the Council,
                                                CPS until a total of 1,500 mt of Pacific                this rule compared to previous seasons.                and the Council’s SSC, CPS
                                                sardine are landed; (2) after 1,500 mt                  Although most vessels within the CPS                   management team, and CPS advisory
                                                have been caught, the allowance will be                 fleet may be able to shift fishing effort              subpanel to ensure that the best
                                                reduced to 30 percent; and (3) when                     to other species and supplement                        available science is utilized when
                                                4000 mt is reached, the incidental per                  economic losses incurred by the sardine                calculating the biomass estimate. Every
                                                landing allowance will be reduced to 5                  closure, we also understand that for                   year, NOAA conducts a stock
                                                percent for the remainder of the 2015–                  certain individuals, including the                     assessment for the northern
                                                2016 fishing year. Additionally, the                    commenter, the prohibition on directed                 subpopulation of Pacific Sardine that
                                                Council adopted a 2 mt incidental per                   commercial harvest may carry a heavier                 combines fisheries data with data
                                                landing allowance in non-CPS fisheries.                 financial burden. The fact that many                   collected off the West Coast by NOAA
                                                Because Pacific sardine is known to                     sardine fishermen also participate in                  research ships surveying for sardine
                                                comingle with other CPS stocks, these                   other fisheries, which is expected to                  eggs, larvae and schools of mature fish,
                                                incidental allowances were adopted to                   help offset lost revenue from sardine                  with models that incorporate sardine
                                                allow for the continued prosecution of                  harvest, was not the deciding factor for               biology. As noted by the commenter, in
                                                these other important CPS fisheries and                 NMFS in taking this action.                            past years the assessment has also
                                                reduce the potential discard of sardine.                   The CPS FMP and its implementing                    incorporated scientific information from
                                                   The NMFS West Coast Regional                         regulations require NMFS to set the                    industry sponsored aerial surveys.
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                                                Administrator will publish a notice in                  harvest specifications for the Pacific                 However, this survey was not conducted
                                                the Federal Register announcing the                     sardine fishery using the control rules                in 2014 so data was not available for use
                                                date of attainment of any of the                        set in the FMP. As stated above, the                   in the 2015 survey. If in future years this
                                                incidental catch levels described above                 Pacific sardine HG control rule includes               work becomes available then this data
                                                and subsequent changes to allowable                     a CUTOFF of 150,000 mt. When the                       source can be incorporated.
                                                incidental catch percentages.                           sardine biomass drops below this level,                  Comment 2: One commenter
                                                Additionally, to ensure that the                        the FMP dictates that there will be no                 expressed support for the prohibition on


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                                                                    Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations                                            36935

                                                directed commercial sardine fishing, but                FMP), the commenter also requests that                    A final regulatory flexibility analysis
                                                opposed the proposed ACL and ACT                        an ACL of 1,000 mt be implemented                      (FRFA) was prepared for this action.
                                                levels, and requested that NMFS instead                 (implying that the commenter                           The FRFA incorporates the Initial
                                                set an ACL of no more than 1,000 mt.                    recognizes that the FMP allows a                       Regulatory Flexibility Analysis (IRFA).
                                                The commenter expressed an opinion                      harvest rate above zero percent).                      No issues were raised by public
                                                that the FMP does not allow any fishing                 Detailed information on the fishery and                comments in response to the IRFA
                                                when the biomass drops below the                        the stock assessment are found in the                  prepared pursuant to the Regulatory
                                                CUTOFF. The commenter further stated                    report ‘‘Assessment of the Pacific                     Flexibility Act (RFA) for this action or
                                                that the proposed ACL would allow too                   Sardine Resource in 2015 for U.S.A.                    on the economic impacts of the rule
                                                much harvest at a time when the sardine                 Management in 2015–2016.’’                             generally. A description of the action,
                                                biomass is low and would further                                                                               why it is being considered, and the legal
                                                                                                        Classification
                                                reduce the population to an overfished                                                                         basis for this action are contained at the
                                                condition and does not provide an                          Pursuant to section 304(b)(1)(A) of the             beginning of this section in the
                                                incentive for fisherman to avoid                        Magnuson-Stevens Fishery                               preamble and in the SUMMARY section of
                                                incidentally catching sardine.                          Conservation and Management Act, the                   the preamble. The results of the FRFA
                                                   Response: NMFS disagrees that the                    NMFS Assistant Administrator has                       are stated below. Additionally for copies
                                                ACL and ACT implemented in this rule                    determined that this final rule is                     of the FRFA, please see the FOR FURTHER
                                                are not in line with the FMP or that they               consistent with the CPS FMP, other                     INFORMATION CONTACT section above.
                                                fail to prevent overfishing and thereby                 provisions of the Magnuson-Stevens                        The purpose of this action is to
                                                will not protect the stock from becoming                Fishery Conservation and Management                    implement the 2015–2016 annual
                                                overfished. The ACL and ACT should be                   Act, and other applicable law.                         specifications for Pacific sardine in the
                                                viewed in the context of the OFL for the                   NMFS finds good cause under 5                       U.S. EEZ off the Pacific coast. Annual
                                                northern subpopulation of Pacific                       U.S.C. 553(d)(3) to waive the 30-day                   specifications published in the Federal
                                                Sardine of 13,227 mt and an ABC of                      delay in effectiveness for the                         Register establish the allowable harvest
                                                12,074 mt that takes into account                       establishment of these final harvest                   levels (i.e. OFL/ACL/HG) for each
                                                scientific uncertainty surrounding the                  specifications for the 2015–2016 Pacific               Pacific sardine fishing year. This final
                                                OFL. These reference limits were                        sardine fishing season. In accordance                  rule adopts without changes the
                                                recommended by the Council based on                     with the FMP, this rule was                            reference points that NMFS proposed in
                                                the control rules in the FMP and were                   recommended by the Council at its                      the rule published on May 21, 2015 (80
                                                endorsed the Council’s SSC. The                         meeting in April 2015, the contents of                 FR 29296), including an OFL and an
                                                commenter does not note disagreement                    which were based on the best available                 ABC that takes into consideration
                                                with these levels. By definition, fishing               new information on the population                      uncertainty surrounding the current
                                                could conceivably occur up to these                     status of Pacific sardine that became                  estimate of biomass for Pacific sardine
                                                levels and overfishing would not be                     available at that time. Making these final             in the U.S. EEZ off the Pacific coast. The
                                                occurring and therefore fishing would                   specifications effective on July 1 is                  FMP and its implementing regulations
                                                not be the cause of the stock moving                    necessary for the conservation and                     require NMFS to set these annual catch
                                                towards an overfished state. An ACL of                  management of the Pacific sardine                      levels for the Pacific sardine fishery
                                                7,000 mt is well below both the OFL                     resource. The FMP requires a                           based on the annual specification
                                                and ABC and with the ACT of 4,000 mt                    prohibition on directed fishing for                    framework and control rules in the
                                                under which incidental catch of sardine                 Pacific sardine for the 2015–2016                      FMP.
                                                will be managed, along with the                         fishing year because the sardine biomass                  On June 12, 2014, the Small Business
                                                multiple safeguards in place to keep the                has dropped below the CUTOFF. The                      Administration (SBA) issued an interim
                                                catch under that level, the management                  purpose of the CUTOFF in the FMP—                      final rule revising the small business
                                                measures implemented by this rule are                   and disallowing directed fishing when                  size standards for several industries
                                                more than adequate to prevent                           the biomass drops below this level—is                  effective July 14, 2014 (79 FR 33467).
                                                exceeding the OFL.                                      to protect the stock when biomass is low               The rule increased the size standard for
                                                   In response to the commenter’s                       and provide a buffer of spawning stock                 Finfish Fishing from $19.0 to 20.5
                                                opinion that no harvest should be                       that is protected from fishing and                     million, Shellfish Fishing from $5.0 to
                                                allowed when the biomass drops below                    available for use in rebuilding the stock.             5.5 million, and Other Marine Fishing
                                                the 150,000-mt CUTOFF, NMFS notes                       A delay in the effectiveness of this rule              from $7.0 to 7.5 million. 78 FR 33656,
                                                that the FMP does not forbid incidental,                for a full 30 days would not allow the                 33660, 33666 (See Table 1). NMFS
                                                live bait or tribal harvest in this                     implementation of this prohibition prior               conducted its analysis for this action in
                                                situation. It also appears that although                to the expiration of the closure of the                light of the new size standards.
                                                the commenter states that the harvest                   directed fishery on July 1, 2015, which                   The small entities that would be
                                                rate in this situation should be zero, the              was imposed under the 2014–2015                        affected by the action are the vessels
                                                commenter nevertheless agrees that the                  annual specifications.                                 that fish for Pacific sardine as part of the
                                                FMP can allow these types of harvest.                      Delaying the effective date of this rule            West Coast CPS small purse seine fleet.
                                                The commenter specifically cites the                    beyond July 1 would be contrary to the                 As stated above, the U.S. Small Business
                                                CPS FMP language that allows for live                   public interest because reducing Pacific               Administration now defines small
                                                bait harvest when the estimated biomass                 sardine biomass beyond the limits set                  businesses engaged in finfish fishing as
                                                drops below the CUTOFF. The                             out in this action could decrease the                  those vessels with annual revenues of
                                                commenter also recommends setting the                   sustainability of the Pacific sardine, as              $20.5 million or less. Under the former,
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                                                ACL at 1,000 mt to accommodate live                     well as causing future harvest limits to               lower standards, all entities subject to
                                                bait, tribal and incidental harvest of                  be even lower under the harvest control                this action in previous years were
                                                sardine. Additionally, although the                     rule, thereby reducing future profits of               considered small entities, and under the
                                                commenter disagrees with setting the                    the fishery.                                           new standards they continue to be
                                                ACL at 7,000 mt because it would allow                     These final specifications are exempt               considered small. In 2014, there were
                                                a harvest rate above zero percent (which                from review under Executive Order                      approximately 81 vessels permitted to
                                                the commenter argues would violate the                  12866.                                                 operate in the directed sardine fishery


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                                                36936               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                component of the CPS fishery off the                    there is no HG. Therefore, for purposes                conditions and seasons of the year, and
                                                U.S. West Coast; 58 vessels in the                      of profitability analysis, this action is              therefore are harvested at various times
                                                Federal CPS limited entry fishery off                   implementing an HG of zero for the                     and areas throughout the year. Because
                                                California (south of 39 N. lat.), and a                 2015–2016 Pacific sardine fishing year                 each species responds to ocean
                                                combined 23 vessels in Oregon and                       (July 1, 2014 through June 30, 2015). As               conditions in its own way, not all CPS
                                                Washington’s state Pacific sardine                      there is no directed fishing for the 2015–             stocks are likely to be abundant at the
                                                fisheries. The average annual per vessel                2016 fishing year, the rule will decrease              same time; therefore, as abundance
                                                revenue in 2014 for the West Coast CPS                  small entities’ potential profitability                levels and markets fluctuate, it has
                                                finfish fleet was well below $20.5                      compared to last season.                               necessitated that the CPS fishery as a
                                                million; therefore, all of these vessels                   However, revenue derived from                       whole rely on a group of species for its
                                                therefore are considered small                          harvesting Pacific sardine is typically                annual revenues. Therefore, although
                                                businesses under the RFA. Because each                  only one source of fishing revenue for                 there will a reduction in sardine
                                                affected vessel is a small business, this               a majority of the vessels that harvest                 revenue for the small entities affected by
                                                rule has an equal effect on all of these                Pacific sardine; as a result, the economic             this action as compared to the previous
                                                small entities and therefore will impact                impact to the fleet from the action                    season, it is difficult to predict exactly
                                                a substantial number of these small                     cannot be viewed in isolation. From                    how this reduction will impact overall
                                                entities in the same manner. Therefore,                 year to year, depending on market                      annual revenue for the fleet.
                                                this rule would not create                              conditions and availability of fish, most                 No significant alternatives to this
                                                disproportionate costs between small                    CPS/sardine vessels supplement their                   action exist that would accomplish the
                                                and large vessels/businesses.                           income by harvesting other species.                    stated objectives of the applicable
                                                   For the 2014–2015 fishing year,                      Many vessels in California also harvest                statutes. The zero directed harvest level
                                                approximately 22,076 mt were available                  anchovy, mackerel, and in particular                   is required by the FMP. NMFS
                                                for harvest by the directed non-tribal                  squid, making Pacific sardine only one                 implemented incidental catch
                                                commercial fishery (this includes 2,500                 component of a multi-species CPS                       allowances, which minimizes the
                                                released from the tribal set aside).                    fishery. For example, market squid have                economic impact of this rule on the
                                                Approximately 19,440 mt                                 been readily available to the fishery in               affected small entities and ensures that
                                                (approximately 3,378 mt in California                   California over the last three years with              the CPS fleet can continue fishing other
                                                and 16,023 mt in Oregon and                             total annual ex-vessel revenue averaging               CPS species where sardine incidental
                                                Washington) of this allocation was                      approximately $66 million over that                    catch is possible.
                                                harvested during the 2014–2015 fishing                  time, compared to an annual average ex-                   There are no reporting, record-
                                                year, for an estimated ex-vessel value of               vessel from sardine of $15 million over                keeping, or other compliance
                                                $8.8 million.                                           that same time period. Additionally,                   requirements required by this final rule.
                                                   The CPS FMP and its implementing                     some sardine vessels that operate off of               Additionally, no other Federal rules
                                                regulations require NMFS to annually                    Oregon and Washington also fish for                    duplicate, overlap or conflict with this
                                                set an OFL, ABC, ACL and HG or ACT                      salmon in Alaska or squid in California                final rule.
                                                for the Pacific sardine fishery based on                during times of the year when sardine                     This action does not contain a
                                                the specified harvest control rules in the              are not available. The purpose of the                  collection-of-information requirement
                                                FMP applied to the current stock                        incidental allowances under this action                for purposes of the Paper Reduction Act.
                                                biomass estimate for that year. The                     are to ensure the vessels impacted by                    Authority: 16 U.S.C. 1801 et seq.
                                                derived annual HG or ACT is the level                   this sardine action can still access these
                                                typically used to manage the principle                  other profitable fisheries while still                   Dated: June 23, 2015.
                                                commercial sardine fishery and is the                   limiting the harvest of sardine.                       Samuel D. Rauch III,
                                                harvest level typically used by NMFS                       These vessels typically rely on                     Deputy Assistant Administrator for
                                                for profitability analysis each year. As                multiple species for profitability                     Regulatory Programs, National Marine
                                                stated above, the FMP dictates that                     because the total and regional                         Fisheries Service.
                                                when the estimated biomass drops                        abundance of sardine, like the other CPS               [FR Doc. 2015–15838 Filed 6–24–15; 4:15 pm]
                                                below a certain level (150,000 mt) that                 stocks, is highly associated with ocean                BILLING CODE 3510–22–P
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Document Created: 2015-12-15 14:25:10
Document Modified: 2015-12-15 14:25:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective July 1, 2015 through June 30, 2016.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034.
FR Citation80 FR 36933 
RIN Number0648-XD92

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