80 FR 54507 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 175 (September 10, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 175 (September 10, 2015)
| Page Range | 54507-54510 | |
| FR Document | 2015-22781 |
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)] [Proposed Rules] [Pages 54507-54510] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22781] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150708591-5591-01] RIN 0648-XE043 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. ----------------------------------------------------------------------- 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 Pacific mackerel 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 pursuant to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2015-2016 HG for Pacific mackerel is 21,469 metric tons (mt). This is the total commercial fishing target level. This action also proposes an annual catch target (ACT), of 20,469 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the HG (21,469 mt) and ACT as a 1,000 mt set-aside for incidental landings in other CPS fisheries and other sources of mortality. This proposed rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast. [[Page 54508]] DATES: Comments must be received by October 13, 2015. ADDRESSES: You may submit comments on this document identified by NOAA- NMFS-2015-0096, 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-2015-0096, 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 must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. Copies of the report ``Pacific Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 2015-16 and 2016-2017 Fishing Years'' 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 mackerel 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 recommended overfishing limit (OFL) and acceptable biological catch (ABC) calculations from the SSC, along with the calculated ACL, HG and ACT recommendations, and comments from the Team and Subpanel. Following review by the Council and after reviewing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. NMFS manages the Pacific mackerel 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 mackerel fishing year. The purpose of this proposed rule is to implement the 2015-2016 ACL, HG, ACT and other annual catch reference points, including OFL and an ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific mackerel in the U.S. EEZ off the Pacific coast. The CPS FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific mackerel 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 mackerel, 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 principal commercial fishery is determined using the FMP-specified HG formula. The HG is based, in large part, on the current estimate of stock biomass. The annual biomass estimates are an explicit part of the various harvest control rules for Pacific mackerel, and as the estimated biomass decreases or increases from one year to the next, the resulting allowable catch levels similarly trend. The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) * Fraction * Distribution] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific mackerel. For the 2015-2016 management season this is 120,435 mt. 2. Cutoff. This is the biomass level below which no commercial fishery is allowed. The FMP established this level at 18,200 mt. 3. Fraction. The harvest fraction is the percentage of the biomass above 18,200 mt that may be harvested. 4. Distribution. The average portion of the Pacific mackerel biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent and is based on the average historical larval distribution obtained from scientific cruises and the distribution of the resource according to the logbooks of aerial fish-spotters. At the June 2015 Council meeting, the Council adopted the ``Pacific Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 2015-16 and 2016-2017 Fishing Years'' completed by NMFS Southwest Fisheries Science Center and the resulting Pacific mackerel biomass estimate for use in the 2015-2016 fishing year of 120,435 mt. Based on recommendations from its SSC and other advisory bodies, the Council recommended and NMFS is proposing, an OFL of 25,291 mt, an ABC and ACL of 23,104 mt, a HG of 21,469 mt, and an ACT of 20,469 mt for the fishing year of July 1, 2015, to June 30, 2016. Additionally, the Council also adopted and recommended harvest specifications for the 2016-2017 fishing year; however, currently NMFS is only proposing to implement the annual harvest measures for the 2015-2016 fishing year. A subsequent rule will be published later in the year that will propose the Council's recommendations for the 2016-2017 fishing year. Under this proposed action, upon attainment of the ACT, the directed fishing would close, reserving the difference between the HG and ACT (1,000 mt) as a set aside for incidental landings in other CPS fisheries and other sources of mortality. For the remainder of the fishing year incidental landings would also be constrained to a 45- percent incidental catch allowance when Pacific mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), except that up to 3 mt of Pacific mackerel could be landed incidentally without landing any other CPS. Upon attainment of the HG (21,469 mt), no retention of Pacific mackerel would be allowed in CPS fisheries. In previous years, the incidental set-aside established in the mackerel fishery has been, in part, to ensure that if the directed quota for mackerel was reached that the operation of the Pacific sardine fishery was not overly restricted. There is no directed Pacific sardine fishery for the 2015- 2016 season, therefore the need for a high incidental set-aside is reduced. The purpose of the incidental set-aside and the allowance of an incidental fishery is to allow for restricted incidental landings of Pacific mackerel in other fisheries, particularly other CPS fisheries, when the directed fishery is closed to reduce potential discard of Pacific mackerel and allow for continued prosecution of other important CPS fisheries. [[Page 54509]] The NMFS West Coast Regional Administrator would publish a notice in the Federal Register announcing the date of any closure to either directed or incidental fishing. Additionally, to ensure the regulated community is informed of any closure NMFS would also make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. Detailed information on the fishery and the stock assessment are found in the reports ``Pacific Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 2015-16 Fishing Year'' and ``Pacific Mackerel Biomass Projection Estimate for USA Management (2015-16)'' (see ADDRESSES). Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the Assistant Administrator, NMFS, has determined that this 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. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities, for the following reasons: 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. As stated above, the SBA now defines small businesses engaged in finfish fishing as those vessels with annual revenues of or below $20.5 million. Under the former, lower size standards, all entities subject to this action in previous years were considered small entities, and under the new standards, as described below, they all would continue to be considered small. The small entities that would be affected by the proposed action are those vessels that harvest Pacific mackerel as part of the West Coast CPS purse seine fleet. The CPS FMP and its implementing regulations requires NMFS to set an OFL, ABC, ACL, HG and ACT for the Pacific mackerel fishery based on the harvest control rules in the FMP. These specific harvest control rules are applied to the current stock biomass estimate to derive these catch specifications, which are used to manage the commercial take of Pacific mackerel. A component of these control rules is that as the estimated biomass decreases or increases from one year to the next, so do the applicable quotas. For the 2015- 2016 Pacific mackerel fishing season NMFS is proposing an OFL of 25,291 metric tons (mt), an ABC and ACL of 23,104 mt, an HG of 21,469 mt and an ACT, which is the directed fishing harvest target, of 20,469 mt. These catch specifications are based on a biomass estimate of 120,435 mt. Pacific mackerel harvest is one component of CPS fisheries off the U.S. West Coast, which primarily includes the fisheries for Pacific sardine, northern anchovy and market squid. Pacific mackerel are principally caught off southern California within the limited entry portion (south of 39 degrees N. latitude; Point Arena, California) of the fishery. Currently there are 58 vessels permitted in the Federal CPS limited entry fishery off California of which about 25 to 39 vessels have been annually engaged in harvesting Pacific mackerel in recent years (2009-2013). For those vessels that caught Pacific mackerel during that time, the average annual per vessel revenue has been about $1.25 million. The individual vessel revenue for these vessels is well below the SBA's threshold level of $20.5 million; therefore, all of these vessels are considered small businesses under the RFA. Because each affected vessel is a small business, this proposed rule has an equal or similar effect on all of these small entities, and therefore will impact a substantial number of these small entities in the same manner. NMFS used the ex-vessel revenue information for a profitability analysis, as the cost data for the harvesting operations of CPS finfish vessels was limited or unavailable. For the 2014-2015 fishing year, the maximum fishing level was 29,170 mt and was divided into a directed fishing harvest target (ACT) of 24,170 mt and an incidental set-aside of 5,000 mt. Approximately 3,611 mt was harvested in 2014-2015 fishing season with an estimated ex-vessel value of approximately $940,000. The maximum fishing level for the 2015-2016 Pacific mackerel fishing season is 21,469 mt, with an ACT of 20,469 mt and an incidental set-aside of 1,000 mt. If the fleet were to take the entire 2015-2016 ACT, the potential revenue to the fleet would be approximately $4.7 million (based on average ex-vessel price of $230 per mt during 2013-2014 and 2014-2015), which is the same as what the estimated potential revenue was last year for the 2014-2015 season (which was based on average ex- vessel price of $193 per mt during 2012-2013 and 2013-2014). However, this result will depend greatly on market forces within the fishery, and on the regional availability of the resource to the fleet and the fleets' ability to find schools of Pacific mackerel. The annual average U.S. Pacific mackerel harvest over the last decade (2001-2013) and in recent years (2009-2013) has been about 4,900 mt and 4,500 mt, respectively. In those periods, the landings have not exceeded 11,500 mt. The annual average landings during 2001-2013 and 2009-2013 were only about 20% and 15% of the annual average HGs, respectively. As a result, although this year's ACT represents a decrease compared to the previous fishing season, it is highly unlikely that the ACT proposed in this rule will limit the potential profitability to the fleet from catching Pacific mackerel. Accordingly, vessel income from fishing is not expected to be altered as a result of this rule as it compares to recent catches in the fishery, and specifically the fishery under the previous season's regulations. Additionally, revenue derived from harvesting Pacific mackerel is typically only one factor determining the overall revenue for a majority of the vessels that harvest Pacific mackerel; 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 vessels supplement their income by harvesting other species. Many vessels in California also harvest anchovy, sardine, and in particular market squid, making Pacific mackerel only one component of a multi-species CPS fishery. For example, in recent years the annual total fleet revenue from Pacific mackerel alone has ranged from about $200,000 to $1.5 million with average fleet revenue of about $800,000 (or $23,422 per vessel). Thus, the revenue from Pacific mackerel in the CPS fleet is a very small fraction of the revenue whether from CPS species or all fish species. The revenue from Pacific mackerel constitutes about 1.98% and [[Page 54510]] 1.95% of the total revenue from CPS species and all fish species, respectively. However, as a result of the closing of the directed Pacific sardine fishery for the 2015-2016 fishing year, there is the potential for more effort to be shifted to Pacific mackerel resulting in increased landings and therefore increased revenue from mackerel. These vessels typically rely on multiple species for profitability because abundance of mackerel, 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. Pursuant to the Regulatory Flexibility Act and the SBA's June 20, 2013 and June 14, 2014 final rules (78 FR 37398 and 79 FR 33647, respectively), this certification was developed for this action using the SBA's revised size standards. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. Because each affected vessel is a small business, this proposed action is considered to equally affect all of these small entities in the same manner. Based on the disproportionality and profitability analysis above, the proposed action, if adopted, will not have a significant economic impact on a substantial number of small entities. As a result, an Initial Regulatory Flexibility Analysis is not required, and none has been prepared. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: September 2, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015-22781 Filed 9-9-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules 54507
expense items subject to inflation or CFR part 401 to become U.S. Great of revenue needed in the affected
deflation factors are adjusted for those Lakes registered pilots, and on district.
factors based on the subsequent year’s information provided by the district’s
U.S. government consumer price index pilotage association, the number of § 404.108 Ratemaking step 8: Review and
finalize rates.
data for the Midwest, projected through pilots expected to be fully working and
the year in which the new base rates compensated during the first year of the The Director reviews the base pilotage
take effect. period for which base rates are being rates initially set in § 404.107 to ensure
established. they meet the goal set in § 404.1(a), and
§ 404.103 Ratemaking step 3: Determine either finalizes them or first makes
number of pilots needed. § 404.104 Ratemaking step 4: Determine necessary and reasonable adjustments to
(a) The Director determines the base target pilot compensation. them based on requirements of Great
number of pilots needed by dividing The Director determines base Lakes pilotage agreements between the
each area’s peak pilotage demand data individual target pilot compensation United States and Canada, or other
by its pilot work cycle. The pilot work using a compensation benchmark, set supportable circumstances. Adjustments
cycle standard includes any time that after considering the most relevant will be made consistently with
the Director finds to be a necessary and currently available non-proprietary § 404.107(b).
reasonable component of ensuring that information. For supportable Gary C. Rasicot,
a pilotage assignment is carried out circumstances, the Director may make Director, Marine Transportation Systems,
safely, efficiently, and reliably for each necessary and reasonable adjustments to U.S. Coast Guard.
area. These components may include the benchmark. The Director determines [FR Doc. 2015–22895 Filed 9–8–15; 4:15 pm]
but are not limited to: each pilotage association’s total target
(1) Amount of time a pilot provides BILLING CODE 9110–04–P
pilot compensation by multiplying
pilotage service or is available to a individual target pilot compensation by
vessel’s master to provide pilotage the number of pilots projected under
service; § 404.103(d). DEPARTMENT OF COMMERCE
(2) Pilot travel time, measured from
the pilot’s base, to and from an § 404.105 Ratemaking step 5: Project National Oceanic and Atmospheric
assignment’s starting and ending points; return on investment. Administration
(3) Assignment delays and detentions; The Director calculates each pilotage
(4) Administrative time for a pilot association’s allowed base return on 50 CFR Part 660
who serves as a pilotage association’s investment by adding the projected [Docket No. 150708591–5591–01]
president; adjusted operating expenses from
(5) Rest between assignments, as RIN 0648–XE043
§ 404.102 and the total target pilot
required by 46 CFR 401.451; compensation from § 404.104, Fisheries Off West Coast States;
(6) Ten days’ recuperative rest per multiplied by the preceding year’s Coastal Pelagic Species Fisheries;
month from April 15 through November average annual rate of return for new Annual Specifications
15 each year, provided that lesser rest issues of high grade corporate securities.
allowances are approved by the Director AGENCY: National Marine Fisheries
at the pilotage association’s request, if § 404.106 Ratemaking step 6: Project Service (NMFS), National Oceanic and
necessary to provide pilotage without needed revenue. Atmospheric Administration (NOAA),
interruption through that period; and The Director calculates each pilotage Commerce.
(7) Pilotage-related training. association’s base projected needed ACTION: Proposed rule.
(b) Peak pilotage demand and the base revenue by adding the projected
seasonal work standard are based on adjusted operating expenses from SUMMARY: NMFS proposes to implement
averaged available and reliable data, as § 404.102, the total target pilot annual management measures and
so deemed by the Director, for a multi- compensation from § 404.104, and the harvest specifications to establish the
year base period. Normally, the multi- projected return on investment from allowable catch levels (i.e. annual catch
year period is the five most recent full § 404.105. limit (ACL)/harvest guideline (HG)) for
shipping seasons, and the data source is Pacific mackerel in the U.S. exclusive
a system approved under 46 CFR § 404.107 Ratemaking step 7: Initially economic zone (EEZ) off the Pacific
calculate base rates. coast for the fishing season of July 1,
403.300. Where such data are not
available or reliable, the Director also (a) The Director initially calculates 2015, through June 30, 2016. This rule
may use data, from additional past full base hourly rates by dividing the is proposed pursuant to the Coastal
shipping seasons or other sources, that projected needed revenue from Pelagic Species (CPS) Fishery
the Director determines to be available § 404.106 by averages of past hours Management Plan (FMP). The proposed
and reliable. worked in each district’s designated and 2015–2016 HG for Pacific mackerel is
(c) The number of pilots needed in undesignated waters, using available 21,469 metric tons (mt). This is the total
each district is calculated by totaling the and reliable data for a multi-year period commercial fishing target level. This
area results by district and rounding set in accordance with § 404.103(b). action also proposes an annual catch
them to the nearest whole integer. For (b) If the result of this calculation target (ACT), of 20,469 mt. If the fishery
supportable circumstances, the Director initially shows an hourly rate for the attains the ACT, the directed fishery
rmajette on DSK2VPTVN1PROD with PROPOSALS
may make reasonable and necessary designated waters of a district that will close, reserving the difference
adjustments to the rounded result to would exceed twice the hourly rate for between the HG (21,469 mt) and ACT as
provide for changes that the Director undesignated waters, the initial a 1,000 mt set-aside for incidental
anticipates will affect the need for pilots designated-waters rate will be adjusted landings in other CPS fisheries and
in the district over the period for which so as not to exceed twice the hourly other sources of mortality. This
base rates are being established. undesignated-waters rate. The proposed rule is intended to conserve
(d) The Director projects, based on the adjustment is a reallocation only and and manage the Pacific mackerel stock
number of persons applying under 46 will not increase or decrease the amount off the U.S. West Coast.
VerDate Sep<11>2014 14:39 Sep 09, 2015 Jkt 235001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1](https://thefederalregister.org/doc/80_FR_54682/page/1.svg)
![54508 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules
DATES: Comments must be received by biological catch (ABC) calculations from distribution of the resource according to
October 13, 2015. the SSC, along with the calculated ACL, the logbooks of aerial fish-spotters.
ADDRESSES: You may submit comments HG and ACT recommendations, and At the June 2015 Council meeting, the
on this document identified by NOAA– comments from the Team and Subpanel. Council adopted the ‘‘Pacific Mackerel
NMFS–2015–0096, by any of the Following review by the Council and (Scomber japonicus) Stock Assessment
following methods: after reviewing public comment, the for USA Management in the 2015–16
• Electronic Submissions: Submit all Council adopts a biomass estimate and and 2016–2017 Fishing Years’’
electronic public comments via the makes its catch level recommendations completed by NMFS Southwest
Federal e-Rulemaking Portal. Go to to NMFS. NMFS manages the Pacific Fisheries Science Center and the
www.regulations.gov/ mackerel fishery in the U.S. EEZ off the resulting Pacific mackerel biomass
#!docketDetail;D=NOAA-NMFS-2015- Pacific coast (California, Oregon, and estimate for use in the 2015–2016
0096, click the ‘‘Comment Now!’’ icon, Washington) in accordance with the fishing year of 120,435 mt. Based on
complete the required fields, and enter FMP. Annual specifications published recommendations from its SSC and
or attach your comments. in the Federal Register establish the other advisory bodies, the Council
• Mail: Submit written comments to allowable harvest levels (i.e. OFL/ACL/ recommended and NMFS is proposing,
William W. Stelle, Jr., Regional HG) for each Pacific mackerel fishing an OFL of 25,291 mt, an ABC and ACL
Administrator, West Coast Region, year. The purpose of this proposed rule of 23,104 mt, a HG of 21,469 mt, and an
NMFS, 7600 Sand Point Way NE., is to implement the 2015–2016 ACL, ACT of 20,469 mt for the fishing year of
Seattle, WA 98115–0070; Attn: Joshua HG, ACT and other annual catch July 1, 2015, to June 30, 2016.
Lindsay. reference points, including OFL and an Additionally, the Council also adopted
• Instructions: Comments must be ABC that takes into consideration and recommended harvest
submitted by one of the above methods uncertainty surrounding the current specifications for the 2016–2017 fishing
to ensure that the comments are estimate of biomass for Pacific mackerel year; however, currently NMFS is only
received, documented, and considered in the U.S. EEZ off the Pacific coast. proposing to implement the annual
by NMFS. Comments sent by any other The CPS FMP and its implementing harvest measures for the 2015–2016
method, to any other address or regulations require NMFS to set these fishing year. A subsequent rule will be
individual, or received after the end of annual catch levels for the Pacific published later in the year that will
the comment period, may not be mackerel fishery based on the annual propose the Council’s recommendations
considered. All comments received are specification framework and control for the 2016–2017 fishing year.
a part of the public record and will rules in the FMP. These control rules
include the HG control rule, which in Under this proposed action, upon
generally be posted for public viewing attainment of the ACT, the directed
on www.regulations.gov without change. conjunction with the OFL and ABC
rules in the FMP, are used to manage fishing would close, reserving the
All personal identifying information difference between the HG and ACT
(e.g., name, address, etc.) submitted harvest levels for Pacific mackerel, in
accordance with the Magnuson-Stevens (1,000 mt) as a set aside for incidental
voluntarily by the sender will be landings in other CPS fisheries and
publicly accessible. Do not submit Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq. According to other sources of mortality. For the
confidential business information, or remainder of the fishing year incidental
otherwise sensitive or protected the FMP, the quota for the principal
commercial fishery is determined using landings would also be constrained to a
information. NMFS will accept 45-percent incidental catch allowance
anonymous comments (enter ‘‘N/A’’ in the FMP-specified HG formula. The HG
is based, in large part, on the current when Pacific mackerel are landed with
the required fields if you wish to remain other CPS (in other words, no more than
anonymous). Attachments to electronic estimate of stock biomass. The annual
biomass estimates are an explicit part of 45 percent by weight of the CPS landed
comments will be accepted in Microsoft per trip may be Pacific mackerel),
Word or Excel, WordPerfect, or Adobe the various harvest control rules for
Pacific mackerel, and as the estimated except that up to 3 mt of Pacific
PDF file formats only. mackerel could be landed incidentally
Copies of the report ‘‘Pacific Mackerel biomass decreases or increases from one
year to the next, the resulting allowable without landing any other CPS. Upon
(Scomber japonicus) Stock Assessment attainment of the HG (21,469 mt), no
for USA Management in the 2015–16 catch levels similarly trend. The harvest
control rule in the CPS FMP is HG = retention of Pacific mackerel would be
and 2016–2017 Fishing Years’’ may be allowed in CPS fisheries. In previous
obtained from the West Coast Regional [(Biomass-Cutoff) * Fraction *
Distribution] with the parameters years, the incidental set-aside
Office (see ADDRESSES). established in the mackerel fishery has
described as follows:
FOR FURTHER INFORMATION CONTACT: been, in part, to ensure that if the
1. Biomass. The estimated stock
Joshua Lindsay, West Coast Region, biomass of Pacific mackerel. For the directed quota for mackerel was reached
NMFS, (562) 980–4034. 2015–2016 management season this is that the operation of the Pacific sardine
SUPPLEMENTARY INFORMATION: During 120,435 mt. fishery was not overly restricted. There
public meetings each year, the estimated 2. Cutoff. This is the biomass level is no directed Pacific sardine fishery for
biomass for Pacific mackerel is below which no commercial fishery is the 2015–2016 season, therefore the
presented to the Pacific Fishery allowed. The FMP established this level need for a high incidental set-aside is
Management Council’s (Council) CPS at 18,200 mt. reduced. The purpose of the incidental
Management Team (Team), the 3. Fraction. The harvest fraction is the set-aside and the allowance of an
rmajette on DSK2VPTVN1PROD with PROPOSALS
Council’s CPS Advisory Subpanel percentage of the biomass above 18,200 incidental fishery is to allow for
(Subpanel) and the Council’s Scientific mt that may be harvested. restricted incidental landings of Pacific
and Statistical Committee (SSC), and the 4. Distribution. The average portion of mackerel in other fisheries, particularly
biomass and the status of the fishery are the Pacific mackerel biomass estimated other CPS fisheries, when the directed
reviewed and discussed. The biomass in the U.S. EEZ off the Pacific coast is fishery is closed to reduce potential
estimate is then presented to the 70 percent and is based on the average discard of Pacific mackerel and allow
Council along with the recommended historical larval distribution obtained for continued prosecution of other
overfishing limit (OFL) and acceptable from scientific cruises and the important CPS fisheries.
VerDate Sep<11>2014 14:39 Sep 09, 2015 Jkt 235001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1](https://thefederalregister.org/doc/80_FR_54682/page/2.svg)
![54510 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules
1.95% of the total revenue from CPS therefore, as abundance levels and proposed action, if adopted, will not
species and all fish species, markets fluctuate, it has necessitated have a significant economic impact on
respectively. However, as a result of the that the CPS fishery as a whole rely on a substantial number of small entities.
closing of the directed Pacific sardine a group of species for its annual As a result, an Initial Regulatory
fishery for the 2015–2016 fishing year, revenues. Flexibility Analysis is not required, and
there is the potential for more effort to Pursuant to the Regulatory Flexibility none has been prepared.
be shifted to Pacific mackerel resulting Act and the SBA’s June 20, 2013 and
June 14, 2014 final rules (78 FR 37398 This action does not contain a
in increased landings and therefore collection-of-information requirement
increased revenue from mackerel. and 79 FR 33647, respectively), this
certification was developed for this for purposes of the Paperwork
These vessels typically rely on action using the SBA’s revised size Reduction Act.
multiple species for profitability standards. NMFS considers all entities Authority: 16 U.S.C. 1801 et seq.
because abundance of mackerel, like the subject to this action to be small entities
other CPS stocks, is highly associated as defined by both the former, lower Dated: September 2, 2015.
with ocean conditions and different size standards and the revised size Samuel D. Rauch III,
times of the year, and therefore are standards. Because each affected vessel Deputy Assistant Administrator for
harvested at various times and areas is a small business, this proposed action Regulatory Programs, National Marine
throughout the year. Because each is considered to equally affect all of Fisheries Service.
species responds to ocean conditions in these small entities in the same manner. [FR Doc. 2015–22781 Filed 9–9–15; 8:45 am]
its own way, not all CPS stocks are Based on the disproportionality and BILLING CODE 3510–22–P
likely to be abundant at the same time; profitability analysis above, the
rmajette on DSK2VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 14:39 Sep 09, 2015 Jkt 235001 PO 00000 Frm 00069 Fmt 4702 Sfmt 9990 E:\FR\FM\10SEP1.SGM 10SEP1](https://thefederalregister.org/doc/80_FR_54682/page/4.svg)
Document Created: 2015-12-15 10:03:49
Document Modified: 2015-12-15 10:03:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by October 13, 2015. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. | |
| FR Citation | 80 FR 54507 | |
| RIN Number | 0648-XE04 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR