81 FR 33454 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 102 (May 26, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 102 (May 26, 2016)
| Page Range | 33454-33456 | |
| FR Document | 2016-12228 |
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)] [Proposed Rules] [Pages 33454-33456] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12228] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160411325-6325-01] RIN 0648-XE568 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 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, 2016, through June 30, 2017. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed action would prohibit directed non- tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon and California, which is required because the estimated 2016 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under the proposed action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2016-2017 Pacific sardine fishing year is 8,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Comments must be received by June 10, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2016-0052, 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-2016-0052, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; Attn: Joshua Lindsay. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Copies of the report ``Assessment of Pacific Sardine Resource in 2016 for U.S.A. Management in 2016-2017'' may be obtained from the West Coast Region (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, joshua.lindsay@noaa.gov. SUPPLEMENTARY INFORMATION: During public meetings each year, the estimated biomass for Pacific sardine is presented to the Pacific Fishery Management Council's (Council) CPS Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific and Statistical Committee (SSC), and the biomass and the status of the fishery are reviewed and discussed. The biomass estimate is then presented to the Council along with the calculated overfishing limit (OFL), available biological catch (ABC), [[Page 33455]] and HG, along with recommendations and comments from the Team, Subpanel, and SSC. Following review by the Council and after hearing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. NMFS manages the Pacific sardine fishery in the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) in accordance with the FMP. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e. OFL/ACL/HG) for each Pacific sardine fishing year. The purpose of this proposed rule is to implement these annual catch reference points for 2016-2017, including the OFL and an ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine. 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 principal 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 2016-2017 management season this is 106,137 mt. 2. CUTOFF. This is the biomass level below which no HG is set. The FMP established this level at 150,000 mt. 3. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated in the EEZ off the Pacific coast is 87 percent. 4. FRACTION. The temperature-varying harvest fraction is the percentage of the biomass above 150,000 mt that may be harvested. As described above, the Pacific sardine HG control rule, the primary mechanism for setting the annual directed commercial fishery quota, includes a CUTOFF parameter which has been set as a biomass level 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 2016-2017 fishing season. At the April 2016 Council meeting, the Council's SSC approved, and the Council adopted, the ``Assessment of the Pacific Sardine Resource in 2016 for U.S.A. Management in 2016-2017'', completed by NMFS Southwest Fisheries Science Center and the resulting Pacific sardine biomass estimate of 106,137 mt as the best available science for setting harvest specifications. Based on recommendations from its SSC and other advisory bodies, the Council recommended, and NMFS is proposing, an OFL of 23,085 mt, an ABC of 19,236 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 2016-2017 Pacific sardine fishing year. As additional management measures, the Council also recommended, and NMFS is proposing, an ACL of 8,000 mt and that the incidental catch of Pacific sardine in other CPS fisheries be managed with the following automatic inseason actions to reduce the potential for both targeting and discard of Pacific sardine: An incidental per landing by weight allowance of 40 percent Pacific sardine in non-treaty CPS fisheries until a total of 2,000 mt of Pacific sardine are landed. When 2,000 mt are landed, the incidental per landing allowance would be reduced to 30 percent until a total of 5,000 mt of Pacific sardine have been landed. When 5,000 mt have been landed, the incidental per landing allowance would be reduced to 10 percent for the remainder of the 2016- 2017 fishing year. Because Pacific sardine is known to comingle with other CPS stocks, these incidental allowances are proposed to allow for the continued prosecution of these other important CPS fisheries and reduce the potential discard of sardine. Additionally, a 2 mt incidental per landing allowance in non-CPS fisheries is proposed. The NMFS West Coast Regional Administrator would publish a notice in the Federal Register announcing the date of attainment of any of the incidental catch levels described above and subsequent changes to allowable incidental catch percentages. Additionally, to ensure that the regulated community is informed of any closure, NMFS will also make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. In the previous 4 fishing years the Quinault Indian Nation requested, and NMFS approved, set-asides for the exclusive right to harvest Pacific sardine in the Quinault Usual and Accustomed Fishing Area off the coast of Washington State, pursuant to the 1856 Treaty of Olympia (Treaty with the Quinault). For the 2016-2017 fishing season the Quinault Indian Nation has requested that NMFS provide a set-aside of 800 mt (1,000 mt less than was requested and approved in 2015-2016) and NMFS is considering the request. Detailed information on the fishery and the stock assessment are found in the report ``Assessment of the Pacific Sardine Resource in 2016 for U.S.A. Management in 2016-2017'' (see ADDRESSES). Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law, subject to further consideration after public comment. These proposed specifications are exempt from review under Executive Order 12866 because they contain no implementing regulations. 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 an economic analysis for this action in light of the new size standards. The purpose of this proposed rule is to conserve the Pacific sardine stock by preventing overfishing, so that directed fishing may occur in future years. This will be accomplished by implementing the 2016-2017 annual specifications for Pacific sardine in the U.S. EEZ off the Pacific coast. The small entities that would be affected by the proposed [[Page 33456]] 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 2015, there were approximately 81 vessels permitted to operate in the directed sardine fishery component of the CPS fishery off the U.S. West Coast; 58 vessels in the Federal CPS limited entry fishery off California (south of 39 N. lat.), and a combined 23 vessels in Oregon and Washington's state Pacific sardine fisheries. The total ex-vessel revenue from the harvest of CPS finfish in 2015 was approximately $4.7 million, making the average annual per vessel revenue in 2015 for the West Coast CPS finfish fleet well below $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 effect on all of these small entities and 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. 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 is the level typically used to manage the principal 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) there is no HG. Therefore, for the purposes of profitability analysis, this action is essentially proposing an HG of zero for the 2016-2017 Pacific sardine fishing season (July 1, 2016 through June 30, 2017). The estimated biomass used for management during the preceding fishing year (2015-2016) was also below 150,000 mt, therefore NMFS did not implement a HG, thereby disallowing a commercial directed sardine fishery. Since there is again no directed fishing for the 2016-2017 fishing year, this proposed rule will not change the potential profitability as compared to the previous fishing year. The revenue derived from harvesting Pacific sardine is typically only one source of fishing revenue for many of the vessels that harvest Pacific sardine; as a result, the economic impact to the fleet from the proposed action cannot be viewed in isolation. From year to year, depending on market conditions and availability of fish, most CPS/ sardine vessels supplement their income by harvesting other species. Many vessels in California also harvest anchovy, mackerel, and in particular squid, making Pacific sardine only one component of a multi- species CPS fishery. Additionally, some sardine vessels that operate off of Oregon and Washington also fish for salmon in Alaska or squid in California during times of the year when sardine are not available. The purpose of the proposed incidental allowances under this action are to ensure the vessels impacted by this sardine action can still access these other profitable fisheries while still limiting the harvest of sardine. These proposed incidental allowances are similar to those implemented last year and should not restrict access to those other fisheries. CPS vessels typically rely on multiple species for profitability because abundance of sardine, like the other CPS stocks, is highly associated with ocean conditions and seasonality, 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. 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 Paper Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: May 19, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-12228 Filed 5-25-16; 8:45 am] BILLING CODE 3510-22-P
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taken in accordance with the Clean Air on this action should do so at this time. with other CPS or up to 2 metric tons
Act. Please note that if EPA receives adverse (mt) when caught with non-CPS. The
DATES: Written comments must be comment on an amendment, paragraph, proposed annual catch limit (ACL) for
received on or before June 27, 2016. or section of this rule and if that the 2016–2017 Pacific sardine fishing
ADDRESSES: Submit your comments, provision may be severed from the year is 8,000 mt. This proposed rule is
identified by Docket ID No. EPA–R01– remainder of the rule, EPA may adopt intended to conserve and manage the
OAR–2015–0801 at http:// as final those provisions of the rule that Pacific sardine stock off the U.S. West
www.regulations.gov, or via email to are not the subject of an adverse Coast.
Mackintosh.David@epa.gov. For comment. DATES: Comments must be received by
comments submitted at Regulations.gov, For additional information, see the June 10, 2016.
follow the online instructions for direct final rule which is located in the ADDRESSES: You may submit comments
submitting comments. Once submitted, Rules Section of this Federal Register. on this document, identified by NOAA–
comments cannot be edited or removed Dated: May 11, 2016. NMFS–2016–0052, by any of the
from Regulations.gov. For either manner H. Curtis Spalding, following methods:
of submission, the EPA may publish any Regional Administrator, EPA New England. • Electronic Submissions: Submit all
comment received to its public docket. electronic public comments via the
[FR Doc. 2016–12397 Filed 5–25–16; 8:45 am]
Do not submit electronically any Federal e-Rulemaking Portal. Go to
BILLING CODE 6560–50–P
information you consider to be www.regulations.gov/
Confidential Business Information (CBI) #!docketDetail;D=NOAA-NMFS-2016-
or other information whose disclosure is 0052, click the ‘‘Comment Now!’’ icon,
restricted by statute. Multimedia DEPARTMENT OF COMMERCE complete the required fields, and enter
submissions (audio, video, etc.) must be or attach your comments.
accompanied by a written comment. National Oceanic and Atmospheric • Mail: Submit written comments to
The written comment is considered the Administration William W. Stelle, Jr., Regional
official comment and should include Administrator, West Coast Region,
discussion of all points you wish to 50 CFR Part 660 NMFS, 7600 Sand Point Way NE.,
make. The EPA will generally not [Docket No. 160411325–6325–01] Seattle, WA 98115–0070; Attn: Joshua
consider comments or comment Lindsay.
contents located outside of the primary RIN 0648–XE568 • Instructions: Comments sent by any
submission (i.e. on the web, cloud, or other method, to any other address or
other file sharing system). For Fisheries Off West Coast States; individual, or received after the end of
additional submission methods, please Coastal Pelagic Species Fisheries; the comment period, may not be
contact the person identified in the ‘‘For Annual Specifications considered by NMFS. All comments
Further Information Contact’’ section. AGENCY: National Marine Fisheries received are a part of the public record
For the full EPA public comment policy, Service (NMFS), National Oceanic and and will generally be posted for public
information about CBI or multimedia Atmospheric Administration (NOAA), viewing on www.regulations.gov
submissions, and general guidance on Commerce. without change. All personal identifying
making effective comments, please visit information (e.g., name, address, etc.),
ACTION: Proposed rule.
http://www2.epa.gov/dockets/ confidential business information, or
commenting-epa-dockets. SUMMARY: NMFS proposes to implement otherwise sensitive information
FOR FURTHER INFORMATION CONTACT: annual management measures and submitted voluntarily by the sender will
David L. Mackintosh, Air Quality harvest specifications to establish the be publicly accessible. NMFS will
Planning Unit, U.S. Environmental allowable catch levels (i.e. annual catch accept anonymous comments (enter
Protection Agency, EPA New England limit (ACL)/harvest guideline (HG)) for ‘‘N/A’’ in the required fields if you wish
Regional Office, 5 Post Office Square— the northern subpopulation of Pacific to remain anonymous).
Suite 100 (Mail code OEP05–2), Boston, sardine (hereafter, simply Pacific Copies of the report ‘‘Assessment of
MA 02109–3912, tel. 617–918–1584, fax sardine), in the U.S. Exclusive Pacific Sardine Resource in 2016 for
617–918–0668, email Economic Zone (EEZ) off the Pacific U.S.A. Management in 2016–2017’’ may
Mackintosh.David@epa.gov. coast for the fishing season of July 1, be obtained from the West Coast Region
SUPPLEMENTARY INFORMATION: In the 2016, through June 30, 2017. This rule (see ADDRESSES).
Final Rules Section of this Federal is proposed according to the Coastal FOR FURTHER INFORMATION CONTACT:
Register, EPA is approving the State’s Pelagic Species (CPS) Fishery Joshua Lindsay, West Coast Region,
SIP submittal as a direct final rule Management Plan (FMP). The proposed NMFS, (562) 980–4034, joshua.lindsay@
without prior proposal because the action would prohibit directed non- noaa.gov.
Agency views this as a noncontroversial tribal Pacific sardine commercial fishing SUPPLEMENTARY INFORMATION: During
submittal and anticipates no adverse for Pacific sardine off the coasts of public meetings each year, the estimated
comments. A detailed rationale for the Washington, Oregon and California, biomass for Pacific sardine is presented
approval is set forth in the direct final which is required because the estimated to the Pacific Fishery Management
rule. If no adverse comments are 2016 biomass of Pacific sardine has Council’s (Council) CPS Management
received in response to this action rule, dropped below the biomass threshold Team (Team), the Council’s CPS
jstallworth on DSK7TPTVN1PROD with PROPOSALS
no further activity is contemplated. If specified in the HG control rule. Under Advisory Subpanel (Subpanel) and the
EPA receives adverse comments, the the proposed action, Pacific sardine may Council’s Scientific and Statistical
direct final rule will be withdrawn and still be harvested as part of either the Committee (SSC), and the biomass and
all public comments received will be live bait or tribal fishery or as incidental the status of the fishery are reviewed
addressed in a subsequent final rule catch in other fisheries; the incidental and discussed. The biomass estimate is
based on this proposed rule. EPA will harvest of Pacific sardine would then presented to the Council along
not institute a second comment period. initially be limited to 40-percent by with the calculated overfishing limit
Any parties interested in commenting weight of all fish per trip when caught (OFL), available biological catch (ABC),
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and HG, along with recommendations zero and therefore no Pacific sardine are to fishermen, processors, and state
and comments from the Team, available for the commercial directed fishery management agencies.
Subpanel, and SSC. Following review fishery during the 2016–2017 fishing In the previous 4 fishing years the
by the Council and after hearing public season. Quinault Indian Nation requested, and
comment, the Council adopts a biomass At the April 2016 Council meeting, NMFS approved, set-asides for the
estimate and makes its catch level the Council’s SSC approved, and the exclusive right to harvest Pacific sardine
recommendations to NMFS. NMFS Council adopted, the ‘‘Assessment of in the Quinault Usual and Accustomed
manages the Pacific sardine fishery in the Pacific Sardine Resource in 2016 for Fishing Area off the coast of Washington
the U.S. EEZ off the Pacific coast U.S.A. Management in 2016–2017’’, State, pursuant to the 1856 Treaty of
(California, Oregon, and Washington) in completed by NMFS Southwest Olympia (Treaty with the Quinault). For
accordance with the FMP. Annual Fisheries Science Center and the the 2016–2017 fishing season the
specifications published in the Federal resulting Pacific sardine biomass Quinault Indian Nation has requested
Register establish the allowable harvest estimate of 106,137 mt as the best that NMFS provide a set-aside of 800 mt
levels (i.e. OFL/ACL/HG) for each available science for setting harvest (1,000 mt less than was requested and
Pacific sardine fishing year. The specifications. Based on approved in 2015–2016) and NMFS is
purpose of this proposed rule is to recommendations from its SSC and considering the request.
implement these annual catch reference other advisory bodies, the Council Detailed information on the fishery
points for 2016–2017, including the recommended, and NMFS is proposing, and the stock assessment are found in
OFL and an ABC that takes into an OFL of 23,085 mt, an ABC of 19,236 the report ‘‘Assessment of the Pacific
consideration uncertainty surrounding mt, and a prohibition on sardine catch Sardine Resource in 2016 for U.S.A.
the current estimate of biomass for unless it is harvested as part of either Management in 2016–2017’’ (see
Pacific sardine. The FMP and its the live bait or tribal fishery or ADDRESSES).
implementing regulations require NMFS incidental to other fisheries for the
Classification
to set these annual catch levels for the 2016–2017 Pacific sardine fishing year.
Pacific sardine fishery based on the As additional management measures, Pursuant to section 304(b)(1)(A) of the
annual specification framework and the Council also recommended, and Magnuson-Stevens Fishery
control rules in the FMP. These control NMFS is proposing, an ACL of 8,000 mt Conservation and Management Act, the
rules include the HG control rule, and that the incidental catch of Pacific NMFS Assistant Administrator has
which, in conjunction with the OFL and sardine in other CPS fisheries be determined that this proposed rule is
ABC rules in the FMP, are used to managed with the following automatic consistent with the CPS FMP, other
manage harvest levels for Pacific inseason actions to reduce the potential provisions of the Magnuson-Stevens
sardine, in accordance with the for both targeting and discard of Pacific Fishery Conservation and Management
Magnuson-Stevens Fishery sardine: Act, and other applicable law, subject to
Conservation and Management Act, 16 • An incidental per landing by weight further consideration after public
U.S.C. 1801 et seq. According to the allowance of 40 percent Pacific sardine comment.
FMP, the quota for the principal in non-treaty CPS fisheries until a total These proposed specifications are
commercial fishery is determined using of 2,000 mt of Pacific sardine are exempt from review under Executive
the FMP-specified HG formula. The HG landed. Order 12866 because they contain no
formula in the CPS FMP is HG = • When 2,000 mt are landed, the implementing regulations.
[(Biomass¥CUTOFF) * FRACTION * incidental per landing allowance would The Chief Counsel for Regulation of
DISTRIBUTION] with the parameters be reduced to 30 percent until a total of the Department of Commerce certified
described as follows: 5,000 mt of Pacific sardine have been to the Chief Counsel for Advocacy of the
1. Biomass. The estimated stock landed. Small Business Administration that this
biomass of Pacific sardine age one and • When 5,000 mt have been landed, proposed rule, if adopted, would not
above. For the 2016–2017 management the incidental per landing allowance have a significant economic impact on
season this is 106,137 mt. would be reduced to 10 percent for the a substantial number of small entities,
2. CUTOFF. This is the biomass level remainder of the 2016–2017 fishing for the following reasons:
below which no HG is set. The FMP year. On June 12, 2014, the Small Business
established this level at 150,000 mt. Because Pacific sardine is known to Administration (SBA) issued an interim
3. DISTRIBUTION. The average comingle with other CPS stocks, these final rule revising the small business
portion of the Pacific sardine biomass incidental allowances are proposed to size standards for several industries
estimated in the EEZ off the Pacific allow for the continued prosecution of effective July 14, 2014 (79 FR 33467).
coast is 87 percent. these other important CPS fisheries and The rule increased the size standard for
4. FRACTION. The temperature- reduce the potential discard of sardine. Finfish Fishing from $19.0 to 20.5
varying harvest fraction is the Additionally, a 2 mt incidental per million, Shellfish Fishing from $5.0 to
percentage of the biomass above 150,000 landing allowance in non-CPS fisheries 5.5 million, and Other Marine Fishing
mt that may be harvested. is proposed. from $7.0 to 7.5 million. 78 FR 33656,
As described above, the Pacific The NMFS West Coast Regional 33660, 33666 (See Table 1). NMFS
sardine HG control rule, the primary Administrator would publish a notice in conducted an economic analysis for this
mechanism for setting the annual the Federal Register announcing the action in light of the new size standards.
directed commercial fishery quota, date of attainment of any of the The purpose of this proposed rule is
jstallworth on DSK7TPTVN1PROD with PROPOSALS
includes a CUTOFF parameter which incidental catch levels described above to conserve the Pacific sardine stock by
has been set as a biomass level of and subsequent changes to allowable preventing overfishing, so that directed
150,000 mt. This amount is subtracted incidental catch percentages. fishing may occur in future years. This
from the annual biomass estimate before Additionally, to ensure that the will be accomplished by implementing
calculating the applicable HG for the regulated community is informed of any the 2016–2017 annual specifications for
fishing year. Therefore, because this closure, NMFS will also make Pacific sardine in the U.S. EEZ off the
year’s biomass estimate is below that announcements through other means Pacific coast. The small entities that
value, the formula results in an HG of available, including fax, email, and mail would be affected by the proposed
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action are the vessels that fish for The revenue derived from harvesting Dated: May 19, 2016.
Pacific sardine as part of the West Coast Pacific sardine is typically only one Samuel D. Rauch III,
CPS small purse seine fleet. As stated source of fishing revenue for many of Deputy Assistant Administrator for
above, the U.S. Small Business the vessels that harvest Pacific sardine; Regulatory Programs, National Marine
Administration now defines small as a result, the economic impact to the Fisheries Service.
businesses engaged in finfish fishing as fleet from the proposed action cannot be [FR Doc. 2016–12228 Filed 5–25–16; 8:45 am]
those vessels with annual revenues of viewed in isolation. From year to year, BILLING CODE 3510–22–P
$20.5 million or less. Under the former, depending on market conditions and
lower standards, all entities subject to availability of fish, most CPS/sardine
this action in previous years were vessels supplement their income by DEPARTMENT OF COMMERCE
considered small entities, and under the harvesting other species. Many vessels
new standards they continue to be in California also harvest anchovy, National Oceanic and Atmospheric
considered small. In 2015, there were mackerel, and in particular squid, Administration
approximately 81 vessels permitted to making Pacific sardine only one
operate in the directed sardine fishery component of a multi-species CPS 50 CFR Part 679
component of the CPS fishery off the fishery. Additionally, some sardine
RIN 0648–BF84
U.S. West Coast; 58 vessels in the vessels that operate off of Oregon and
Federal CPS limited entry fishery off Washington also fish for salmon in Fisheries of the Exclusive Economic
California (south of 39 N. lat.), and a Alaska or squid in California during Zone Off Alaska; Chinook Salmon
combined 23 vessels in Oregon and times of the year when sardine are not Bycatch Management in the Gulf of
Washington’s state Pacific sardine available. The purpose of the proposed Alaska Trawl Fisheries; Amendment
fisheries. The total ex-vessel revenue incidental allowances under this action 103
from the harvest of CPS finfish in 2015 are to ensure the vessels impacted by
was approximately $4.7 million, making this sardine action can still access these AGENCY: National Marine Fisheries
the average annual per vessel revenue in other profitable fisheries while still Service (NMFS), National Oceanic and
2015 for the West Coast CPS finfish fleet limiting the harvest of sardine. These Atmospheric Administration (NOAA),
well below $20.5 million; therefore, all proposed incidental allowances are Commerce.
of these vessels are considered small similar to those implemented last year ACTION: Notice of availability of fishery
businesses under the RFA. Because each and should not restrict access to those management plan amendment; request
affected vessel is a small business, this other fisheries. for comments.
proposed rule has an equal effect on all CPS vessels typically rely on multiple
of these small entities and will impact species for profitability because SUMMARY: The North Pacific Fishery
a substantial number of these small abundance of sardine, like the other CPS Management Council has submitted
entities in the same manner. Therefore, stocks, is highly associated with ocean Amendment 103 to the Fishery
this rule would not create conditions and seasonality, and Management Plan for Groundfish of the
disproportionate costs between small therefore are harvested at various times Gulf of Alaska (FMP). If approved,
and large vessels/businesses. and areas throughout the year. Because Amendment 103 would allow NMFS to
The CPS FMP and its implementing each species responds to ocean reapportion unused Chinook salmon
regulations require NMFS to annually conditions in its own way, not all CPS prohibited species catch (PSC) within
set an OFL, ABC, ACL and HG or ACT stocks are likely to be abundant at the and among specific trawl sectors in the
for the Pacific sardine fishery based on same time; therefore, as abundance Central and Western Gulf of Alaska
the specified harvest control rules in the levels and markets fluctuate, it has (GOA), based on specific criteria and
FMP applied to the current stock necessitated that the CPS fishery as a within specified limits. Amendment 103
biomass estimate for that year. The whole rely on a group of species for its would not increase the current
derived annual HG is the level typically annual revenues. combined annual PSC limit of 32,500
used to manage the principal Pursuant to the Regulatory Flexibility Chinook salmon that applies to Central
commercial sardine fishery and is the Act and the SBA’s June 20, 2013, and and Western GOA trawl sectors under
harvest level typically used by NMFS June 14, 2014, final rules (78 FR 37398 the FMP. Amendment 103 would
for profitability analysis each year. As and 79 FR 33647, respectively), this provide for more flexible management
stated above, the FMP dictates that certification was developed for this of GOA trawl Chinook salmon PSC,
when the estimated biomass drops action using the SBA’s revised size increase the likelihood that groundfish
below a certain level (150,000 mt) there standards. NMFS considers all entities resources are more fully harvested,
is no HG. Therefore, for the purposes of subject to this action to be small entities reduce the potential for fishery closures,
profitability analysis, this action is as defined by both the former, lower and maintain overall Chinook salmon
essentially proposing an HG of zero for size standards and the revised size PSC use in the Central and Western
the 2016–2017 Pacific sardine fishing standards. Based on the GOA within limits established under
season (July 1, 2016 through June 30, disproportionality and profitability the FMP. Amendment 103 is intended
2017). The estimated biomass used for analysis above, the proposed action, if to promote the goals and objectives of
management during the preceding adopted, will not have a significant the Magnuson-Stevens Fishery
fishing year (2015–2016) was also below economic impact on a substantial Conservation and Management Act, the
jstallworth on DSK7TPTVN1PROD with PROPOSALS
150,000 mt, therefore NMFS did not number of small entities. As a result, an FMP, and other applicable laws.
implement a HG, thereby disallowing a Initial Regulatory Flexibility Analysis is DATES: Comments on the amendment
commercial directed sardine fishery. not required, and none has been must be received on or before July 25,
Since there is again no directed fishing prepared. 2016.
for the 2016–2017 fishing year, this This action does not contain a ADDRESSES: You may submit comments
proposed rule will not change the collection-of-information requirement on this document, identified by NOAA–
potential profitability as compared to for purposes of the Paper Reduction Act. NMFS–2016–0023 by either of the
the previous fishing year. Authority: 16 U.S.C. 1801 et seq. following methods:
VerDate Sep<11>2014 15:09 May 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1](https://thefederalregister.org/doc/81_FR_33556/page/3.svg)
Document Created: 2016-05-26 01:14:00
Document Modified: 2016-05-26 01:14:00
| 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 June 10, 2016. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected] | |
| FR Citation | 81 FR 33454 | |
| RIN Number | 0648-XE56 |
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