81_FR_41373 81 FR 41251 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

81 FR 41251 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range41251-41253
FR Document2016-14955

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, 2016, through June 30, 2017. 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 2016 biomass of Pacific sardine is below the biomass threshold specified 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 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 annual catch limit (ACL) for the 2016-2017 Pacific sardine fishing year is 8,000 mt. This rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41251-41253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14955]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160411325-6535-02]
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: Final rule.

-----------------------------------------------------------------------

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, 2016, through June 30, 2017. 
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 2016 biomass of 
Pacific sardine is below the biomass threshold specified 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 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 annual catch limit (ACL) for the 2016-2017 Pacific sardine 
fishing year is 8,000 mt. This rule is intended to conserve and manage 
the Pacific sardine stock off the U.S. West Coast.

DATES: Effective July 1, 2016, through June 30, 2017.

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

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., 
overfishing 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 2016-2017 fishing year. This final rule 
adopts, without changes, the catch levels and restrictions that NMFS 
proposed in the rule published on May 26, 2016 (81 FR 33454), 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 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. 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 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

[[Page 41252]]

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 implementing, 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 
implementing, an ACL of 8,000 mt and specifying 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 allowance of 40 percent Pacific sardine per 
landing by weight 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 allow for the continued prosecution of 
these other important CPS fisheries and reduce the potential discard of 
sardine. Additionally, non-CPS fisheries are allowed to retain up to 2 
mt per landing of sardine harvested incidentally.
    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 also 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, 800 mt of the ACL are being set 
aside for tribal harvest use per a request from the Quinault Indian 
Nation.
    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 FOR FURTHER INFORMATION 
CONTACT).

Comment and Response

    On May 26, 2016, NMFS published a proposed rule for this action and 
solicited public comments (81 FR 33454), with a public comment period 
that ended on June 10, 2016. NMFS received one comment letter--
explained below--during the comment period. After consideration of the 
public comment, no changes were made from the proposed rule. For 
further background information on this action please refer to the 
preamble of the proposed rule. NMFS summarizes and responds below to 
the comment letter below.
    Comment: The commenter expressed support for the prohibition on 
directed commercial sardine fishing, but is opposed to the proposed ACL 
level, and requested that NMFS instead set an ACL of no more than 1,000 
mt to be divided among the live bait and tribal sectors, and to 
accommodate limited bycatch. The commenter expressed an opinion that 
the proposed ACL of 8,000 mt fails to follow the harvest control rule 
because the FMP states that the harvest rate should be zero when the 
biomass drops below the CUTOFF.
    The comment also requested reconsideration of the sardine harvest 
control rule and other aspects of sardine management, including but not 
limited to the existing CUTOFF and Minimum Stock Size Threshold values. 
(These parameters, as well as other changes to the sardine harvest 
control rule and management mentioned by the commenter are beyond the 
scope of this rulemaking and will not be addressed below.)
    Response: First, NMFS notes that the stock assessment for the 2016-
2017 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. This year's biomass estimate 
used for the 2016-2017 specifications, along with the resulting OFL and 
ABC, was endorsed by the Council's SSC and NMFS as the best available 
science. Although this biomass estimate is still below the CUTOFF 
value, triggering the second year of the closure of the primary 
directed fishery, the estimate is slightly higher than last year's 
estimate.
    NMFS disagrees that the ACL implemented in this rule is not in line 
with the FMP or that it fails to prevent overfishing or will 
``contribute to the continued decline of the sardine population to an 
overfished condition''. The ACL should be viewed in the context of the 
OFL for the northern subpopulation of Pacific Sardine of 23,085 mt and 
an ABC of 19,236 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 8,000 mt is well below both the OFL and ABC, 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 overall harvest rate 
should be zero 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. The reference provided by the commenter to 
of a harvest rate of zero is specific to the primary directed fishery; 
as explained above, this action sets the directed harvest rate at zero. 
Although the commenter states that the harvest rate in this situation 
should be zero, the commenter nevertheless also seems to agree that the 
FMP allows incidental, live bait, or tribal harvest if the directed 
harvest is set at zero. The commenter specifically cites the CPS FMP 
language that allows for live bait harvest when the estimated biomass 
drops below the CUTOFF. Additionally, although the commenter disagrees 
with setting the ACL at 8,000 mt because it would allow a harvest rate 
above zero percent (which the commenter argues would violate the FMP), 
the commenter supports an ACL of 1,000 mt (implying that the commenter 
recognizes that the FMP allows a harvest rate above zero percent).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has

[[Page 41253]]

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 2016-2017 Pacific sardine fishing season. In 
accordance with the FMP, this rule was recommended by the Council at 
its meeting in April 2016, 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 2016-2017 fishing year 
because the sardine biomass is below the CUTOFF. The purpose of the 
CUTOFF in the FMP--and prohibiting 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, 2016, which was imposed under the 2015-2016 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 cause 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.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was 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: June 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-14955 Filed 6-23-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations                                           41251

                                              Convention Area in the area between                     DEPARTMENT OF COMMERCE                                 Register establish the allowable harvest
                                              20° N. latitude and 20° S. latitude in                                                                         levels (i.e., overfishing limit (OFL)/ACL/
                                              2016 or 2017. The Federal Register                      National Oceanic and Atmospheric                       HG) for each Pacific sardine fishing
                                              notice will be published at least seven                 Administration                                         year. The purpose of this final rule is to
                                              days in advance of the start of the                                                                            implement these annual catch reference
                                              period announced in the notice. NMFS                    50 CFR Part 660                                        points for the 2016–2017 fishing year.
                                              will estimate and project the number of                 [Docket No. 160411325–6535–02]                         This final rule adopts, without changes,
                                              FAD sets using vessel logbooks, and/or                                                                         the catch levels and restrictions that
                                                                                                      RIN 0648–XE568                                         NMFS proposed in the rule published
                                              other information sources that it deems
                                              most appropriate and reliable for the                                                                          on May 26, 2016 (81 FR 33454),
                                                                                                      Fisheries Off West Coast States;                       including an OFL and an ABC that takes
                                              purposes of this section; and                           Coastal Pelagic Species Fisheries;                     into consideration uncertainty
                                                 (iv) In any area of high seas, from                  Annual Specifications                                  surrounding the current estimate of
                                              January 1 through December 31, 2017.                    AGENCY:  National Marine Fisheries                     biomass for Pacific sardine in the U.S.
                                              *       *    *     *     *                              Service (NMFS), National Oceanic and                   EEZ off the Pacific coast.
                                                 (e) Observer coverage. (1) A fishing                 Atmospheric Administration (NOAA),                        The FMP and its implementing
                                              vessel of the United States may not be                  Commerce.                                              regulations require NMFS to set these
                                                                                                      ACTION: Final rule.                                    annual catch levels for the Pacific
                                              used to fish with purse seine gear in the
                                                                                                                                                             sardine fishery based on the annual
                                              Convention Area without a WCPFC                         SUMMARY:    NMFS issues this final rule to             specification framework and control
                                              observer on board. This requirement                     implement annual management                            rules in the FMP. These control rules
                                              does not apply to fishing trips that meet               measures and harvest specifications to                 include the HG control rule, which, in
                                              either of the following conditions:                     establish the allowable catch levels (i.e.,            conjunction with the OFL and ABC
                                                 (i) The portion of the fishing trip                  annual catch limit (ACL)/harvest                       rules in the FMP, are used to manage
                                              within the Convention Area takes place                  guideline (HG)) for the northern                       harvest levels for Pacific sardine, in
                                              entirely within areas under the                         subpopulation of Pacific sardine                       accordance with the Magnuson-Stevens
                                              jurisdiction of a single nation other than              (hereafter, simply Pacific sardine), in                Fishery Conservation and Management
                                              the United States; or,                                  the U.S. Exclusive Economic Zone (EEZ)                 Act, 16 U.S.C. 1801 et seq. According to
                                                                                                      off the Pacific coast for the fishing                  the FMP, the quota for the principal
                                                 (ii) No fishing takes place during the               season of July 1, 2016, through June 30,               commercial fishery is determined using
                                              fishing trip in the Convention Area in                  2017. These specifications were                        the FMP-specified HG formula. The HG
                                              the area between 20 °N. latitude and 20                 determined according to the Coastal                    formula in the CPS FMP is HG =
                                              °S. latitude.                                           Pelagic Species (CPS) Fishery                          [(Biomass¥CUTOFF) * FRACTION *
                                                 (2) Owners, operators, and crew of                   Management Plan (FMP). This action                     DISTRIBUTION] with the parameters
                                              fishing vessels subject to paragraph                    includes a prohibition on directed non-                described as follows:
                                              (e)(1) of this section must accommodate                 tribal Pacific sardine commercial fishing                1. Biomass. The estimated stock biomass of
                                              WCPFC observers in accordance with                      for Pacific sardine off the coasts of                  Pacific sardine age one and above. For the
                                              the provisions of § 300.215(c).                         Washington, Oregon and California,                     2016–2017 management season this is
                                                                                                      which is required because the estimated                106,137 mt.
                                                 (3) Meeting either of the conditions in
                                                                                                      2016 biomass of Pacific sardine is below                 2. CUTOFF. This is the biomass level
                                              paragraphs (e)(1)(i) and (ii) of this                                                                          below which no HG is set. The FMP
                                                                                                      the biomass threshold specified in the
                                              section does not exempt a fishing vessel                HG control rule. Under this action,                    established this level at 150,000 mt.
                                              from having to carry and accommodate                    Pacific sardine may still be harvested as                3. DISTRIBUTION. The average portion of
                                              a WCPFC observer pursuant to § 300.215                  part of either the live bait or tribal                 the Pacific sardine biomass estimated in the
                                              or other applicable regulations.                                                                               EEZ off the Pacific coast. The FMP
                                                                                                      fishery or as incidental catch in other                established this at 87 percent.
                                              ■ 4. In § 300.224, revise paragraph (a) to              fisheries; the incidental harvest of                     4. FRACTION. The temperature-varying
                                              read as follows:                                        Pacific sardine would initially be                     harvest fraction is the percentage of the
                                                                                                      limited to 40-percent by weight of all                 biomass above 150,000 mt that may be
                                              § 300.224   Longline fishing restrictions.              fish per trip when caught with other                   harvested.
                                                 (a) Establishment of bigeye tuna catch               CPS or up to 2 metric tons (mt) when                      As described above, the Pacific
                                                                                                      caught with non-CPS. The annual catch                  sardine HG control rule, the primary
                                              limits. (1) During calendar year 2016
                                                                                                      limit (ACL) for the 2016–2017 Pacific                  mechanism for setting the annual
                                              there is a limit of 3,554 metric tons of
                                                                                                      sardine fishing year is 8,000 mt. This                 directed commercial fishery quota,
                                              bigeye tuna that may be captured in the                 rule is intended to conserve and manage
                                              Convention Area by longline gear and                                                                           includes a CUTOFF parameter which
                                                                                                      the Pacific sardine stock off the U.S.                 has been set as a biomass level of
                                              retained on board by fishing vessels of                 West Coast.
                                              the United States.                                                                                             150,000 mt. This amount is subtracted
                                                                                                      DATES: Effective July 1, 2016, through                 from the annual biomass estimate before
                                                 (2) During calendar year 2017 there is               June 30, 2017.                                         calculating the applicable HG for the
                                              a limit of 3,345 metric tons of bigeye                  FOR FURTHER INFORMATION CONTACT:                       fishing year. Therefore, because this
                                              tuna that may be captured in the                        Joshua Lindsay, West Coast Region,                     year’s biomass estimate is below that
                                              Convention Area by longline gear and                    NMFS, (562) 980–4034, joshua.lindsay@                  value, the formula results in an HG of
sradovich on DSK3GDR082PROD with RULES




                                              retained on board by fishing vessels of                 noaa.gov.                                              zero and therefore no Pacific sardine are
                                              the United States.                                      SUPPLEMENTARY INFORMATION: NMFS                        available for the commercial directed
                                              *      *     *    *     *                               manages the Pacific sardine fishery in                 fishery during the 2016–2017 fishing
                                              [FR Doc. 2016–14967 Filed 6–23–16; 8:45 am]             the U.S. EEZ off the Pacific coast                     season.
                                              BILLING CODE 3510–22–P                                  (California, Oregon, and Washington) in                   At the April 2016 Council meeting,
                                                                                                      accordance with the CPS FMP. Annual                    the Council’s SSC approved, and the
                                                                                                      specifications published in the Federal                Council adopted, the ‘‘Assessment of


                                         VerDate Sep<11>2014   16:19 Jun 23, 2016   Jkt 238001   PO 00000   Frm 00081   Fmt 4700   Sfmt 4700   E:\FR\FM\24JNR1.SGM   24JNR1


                                              41252                Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations

                                              the Pacific Sardine Resource in 2016 for                  Detailed information on the fishery                  primary directed fishery, the estimate is
                                              U.S.A. Management in 2016–2017’’,                       and the stock assessment are found in                  slightly higher than last year’s estimate.
                                              completed by NMFS Southwest                             the report ‘‘Assessment of the Pacific                    NMFS disagrees that the ACL
                                              Fisheries Science Center and the                        Sardine Resource in 2016 for U.S.A.                    implemented in this rule is not in line
                                              resulting Pacific sardine biomass                       Management in 2016–2017’’ (see FOR                     with the FMP or that it fails to prevent
                                              estimate of 106,137 mt as the best                      FURTHER INFORMATION CONTACT).                          overfishing or will ‘‘contribute to the
                                              available science for setting harvest                                                                          continued decline of the sardine
                                              specifications. Based on                                Comment and Response                                   population to an overfished condition’’.
                                              recommendations from its SSC and                           On May 26, 2016, NMFS published a                   The ACL should be viewed in the
                                              other advisory bodies, the Council                      proposed rule for this action and                      context of the OFL for the northern
                                              recommended, and NMFS is                                solicited public comments (81 FR                       subpopulation of Pacific Sardine of
                                              implementing, an OFL of 23,085 mt, an                   33454), with a public comment period                   23,085 mt and an ABC of 19,236 mt that
                                              ABC of 19,236 mt, and a prohibition on                  that ended on June 10, 2016. NMFS                      takes into account scientific uncertainty
                                              sardine catch unless it is harvested as                 received one comment letter—explained                  surrounding the OFL. These reference
                                              part of either the live bait or tribal                  below—during the comment period.                       limits were recommended by the
                                              fishery or incidental to other fisheries                After consideration of the public                      Council based on the control rules in
                                              for the 2016–2017 Pacific sardine                       comment, no changes were made from                     the FMP and were endorsed the
                                              fishing year. As additional management                  the proposed rule. For further                         Council’s SSC. The commenter does not
                                              measures, the Council also                              background information on this action                  note disagreement with these levels. By
                                              recommended, and NMFS is                                please refer to the preamble of the                    definition, fishing could conceivably
                                              implementing, an ACL of 8,000 mt and                    proposed rule. NMFS summarizes and                     occur up to these levels and overfishing
                                              specifying that the incidental catch of                 responds below to the comment letter                   would not be occurring and therefore
                                              Pacific sardine in other CPS fisheries be               below.                                                 fishing would not be the cause of the
                                              managed with the following automatic                       Comment: The commenter expressed                    stock moving towards an overfished
                                              inseason actions to reduce the potential                support for the prohibition on directed                state. An ACL of 8,000 mt is well below
                                              for both targeting and discard of Pacific               commercial sardine fishing, but is                     both the OFL and ABC, under which
                                              sardine:                                                opposed to the proposed ACL level, and                 incidental catch of sardine will be
                                                 • An incidental allowance of 40                      requested that NMFS instead set an ACL                 managed, along with the multiple
                                              percent Pacific sardine per landing by                  of no more than 1,000 mt to be divided                 safeguards in place to keep the catch
                                              weight in non-treaty CPS fisheries until                among the live bait and tribal sectors,                under that level, the management
                                              a total of 2,000 mt of Pacific sardine are              and to accommodate limited bycatch.                    measures implemented by this rule are
                                              landed.                                                 The commenter expressed an opinion                     more than adequate to prevent
                                                 • When 2,000 mt are landed, the                                                                             exceeding the OFL.
                                                                                                      that the proposed ACL of 8,000 mt fails
                                              incidental per-landing allowance would                                                                            In response to the commenter’s
                                                                                                      to follow the harvest control rule
                                              be reduced to 30 percent until a total of                                                                      opinion that overall harvest rate should
                                                                                                      because the FMP states that the harvest                be zero when the biomass drops below
                                              5,000 mt of Pacific sardine have been
                                                                                                      rate should be zero when the biomass                   the 150,000 mt CUTOFF, NMFS notes
                                              landed.
                                                 • When 5,000 mt have been landed,                    drops below the CUTOFF.                                that the FMP does not forbid incidental,
                                              the incidental per-landing allowance                       The comment also requested                          live bait or tribal harvest in this
                                              would be reduced to 10 percent for the                  reconsideration of the sardine harvest                 situation. The reference provided by the
                                              remainder of the 2016–2017 fishing                      control rule and other aspects of sardine              commenter to of a harvest rate of zero
                                              year.                                                   management, including but not limited                  is specific to the primary directed
                                                 Because Pacific sardine is known to                  to the existing CUTOFF and Minimum                     fishery; as explained above, this action
                                              comingle with other CPS stocks, these                   Stock Size Threshold values. (These                    sets the directed harvest rate at zero.
                                              incidental allowances allow for the                     parameters, as well as other changes to                Although the commenter states that the
                                              continued prosecution of these other                    the sardine harvest control rule and                   harvest rate in this situation should be
                                              important CPS fisheries and reduce the                  management mentioned by the                            zero, the commenter nevertheless also
                                              potential discard of sardine.                           commenter are beyond the scope of this                 seems to agree that the FMP allows
                                              Additionally, non-CPS fisheries are                     rulemaking and will not be addressed                   incidental, live bait, or tribal harvest if
                                              allowed to retain up to 2 mt per landing                below.)                                                the directed harvest is set at zero. The
                                              of sardine harvested incidentally.                         Response: First, NMFS notes that the                commenter specifically cites the CPS
                                                 The NMFS West Coast Regional                         stock assessment for the 2016–2017                     FMP language that allows for live bait
                                              Administrator will publish a notice in                  fishing year, as with each annual stock                harvest when the estimated biomass
                                              the Federal Register announcing the                     assessment, went through a multi-stage                 drops below the CUTOFF. Additionally,
                                              date of attainment of any of the                        review process including being                         although the commenter disagrees with
                                              incidental catch levels described above                 reviewed and discussed by the Council,                 setting the ACL at 8,000 mt because it
                                              and subsequent changes to allowable                     and the Council’s SSC, CPS                             would allow a harvest rate above zero
                                              incidental catch percentages.                           management team, and CPS advisory                      percent (which the commenter argues
                                              Additionally, to ensure that the                        subpanel to ensure that the best                       would violate the FMP), the commenter
                                              regulated community is informed of any                  available science is utilized when                     supports an ACL of 1,000 mt (implying
                                              closure, NMFS will also make                            calculating the biomass estimate. This                 that the commenter recognizes that the
                                              announcements through other means                       year’s biomass estimate used for the                   FMP allows a harvest rate above zero
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                                              available, including fax, email, and mail               2016–2017 specifications, along with                   percent).
                                              to fishermen, processors, and state                     the resulting OFL and ABC, was
                                              fishery management agencies.                            endorsed by the Council’s SSC and                      Classification
                                                 As explained in the proposed rule,                   NMFS as the best available science.                      Pursuant to section 304(b)(1)(A) of the
                                              800 mt of the ACL are being set aside                   Although this biomass estimate is still                Magnuson-Stevens Fishery
                                              for tribal harvest use per a request from               below the CUTOFF value, triggering the                 Conservation and Management Act, the
                                              the Quinault Indian Nation.                             second year of the closure of the                      NMFS Assistant Administrator has


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                                                                          Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations                                               41253

                                              determined that this final rule is                                    Small Business Administration during                    DATES:  Effective June 24, 2016 through
                                              consistent with the CPS FMP, other                                    the proposed rule stage that this action                December 31, 2016.
                                              provisions of the Magnuson-Stevens                                    would not have a significant economic                   FOR FURTHER INFORMATION CONTACT:
                                              Fishery Conservation and Management                                   impact on a substantial number of small                 Obren Davis, 907–586–7228.
                                              Act, and other applicable law.                                        entities. The factual basis for the
                                                                                                                                                                            SUPPLEMENTARY INFORMATION: NMFS
                                                 NMFS finds good cause under 5                                      certification was published in the
                                              U.S.C. 553(d)(3) to waive the 30-day                                                                                          manages the groundfish fishery in the
                                                                                                                    proposed rule and is not repeated here.
                                              delay in effectiveness for the                                                                                                Bering Sea and Aleutian Islands
                                                                                                                    No comments were received regarding
                                              establishment of these final harvest                                                                                          management area (BSAI) according to
                                                                                                                    this certification. As a result, a
                                              specifications for the 2016–2017 Pacific                                                                                      the Fishery Management Plan for
                                                                                                                    regulatory flexibility analysis was not
                                              sardine fishing season. In accordance                                                                                         Groundfish of the Bering Sea and
                                                                                                                    required and none was prepared.
                                              with the FMP, this rule was                                                                                                   Aleutian Islands Management Area
                                                                                                                      This action does not contain a
                                              recommended by the Council at its                                                                                             (FMP) prepared by the North Pacific
                                                                                                                    collection-of-information requirement
                                              meeting in April 2016, the contents of                                                                                        Fishery Management Council under
                                                                                                                    for purposes of the Paper Reduction Act.
                                              which were based on the best available                                                                                        authority of the Magnuson-Stevens
                                                                                                                      Authority: 16 U.S.C. 1801 et seq.                     Fishery Conservation and Management
                                              new information on the population
                                              status of Pacific sardine that became                                   Dated: June 17, 2016.                                 Act. Regulations governing fishing by
                                              available at that time. Making these final                            Samuel D. Rauch III,                                    U.S. vessels in accordance with the FMP
                                              specifications effective on July 1 is                                 Deputy Assistant Administrator for                      appear at subpart H of 50 CFR part 600
                                              necessary for the conservation and                                    Regulatory Programs, National Marine                    and 50 CFR part 679.
                                              management of the Pacific sardine                                     Fisheries Service.                                        The 2016 flathead sole, rock sole, and
                                              resource. The FMP requires a                                          [FR Doc. 2016–14955 Filed 6–23–16; 8:45 am]             yellowfin sole CDQ reserves specified in
                                              prohibition on directed fishing for                                   BILLING CODE 3510–22–P
                                                                                                                                                                            the BSAI are 2,247 mt, 5,710 mt, and
                                              Pacific sardine for the 2016–2017                                                                                             15,808 mt as established by the final
                                              fishing year because the sardine biomass                                                                                      2016 and 2017 harvest specifications for
                                              is below the CUTOFF. The purpose of                                   DEPARTMENT OF COMMERCE                                  groundfish in the BSAI (81 FR 14773,
                                              the CUTOFF in the FMP—and                                                                                                     March 18, 2016), and one flatfish
                                              prohibiting directed fishing when the                                 National Oceanic and Atmospheric                        exchange (81 FR 21482, April 12, 2016).
                                              biomass drops below this level—is to                                  Administration                                          The 2016 flathead sole, rock sole, and
                                              protect the stock when biomass is low                                                                                         yellowfin sole CDQ ABC reserves are
                                              and provide a buffer of spawning stock                                50 CFR Part 679                                         4,842 mt, 11,528 mt, and 6,844 mt as
                                              that is protected from fishing and                                                                                            established by the final 2016 and 2017
                                                                                                                    [Docket No. 150916863–6211–02]                          harvest specifications for groundfish in
                                              available for use in rebuilding the stock.
                                              A delay in the effectiveness of this rule                                                                                     the BSAI (81 FR 14773, March 18,
                                                                                                                    RIN 0648–XE694                                          2016), and one flatfish exchange (81 FR
                                              for a full 30 days would not allow the
                                              implementation of this prohibition prior                                                                                      21482, April 12, 2016).
                                                                                                                    Fisheries of the Exclusive Economic
                                              to the expiration of the closure of the                                                                                         The Yukon Delta Fisheries
                                                                                                                    Zone Off Alaska; Exchange of Flatfish
                                              directed fishery on July 1, 2016, which                                                                                       Development Association has requested
                                                                                                                    in the Bering Sea and Aleutian Islands
                                              was imposed under the 2015–2016                                                                                               that NMFS exchange 15 mt of flathead
                                                                                                                    Management Area
                                              annual specifications.                                                                                                        sole and 35 mt of yellowfin sole CDQ
                                                 Delaying the effective date of this rule                           AGENCY:  National Marine Fisheries                      reserves for 50 mt of rock sole CDQ ABC
                                              beyond July 1 would be contrary to the                                Service (NMFS), National Oceanic and                    reserve under § 679.31(d). Therefore, in
                                              public interest because reducing Pacific                              Atmospheric Administration (NOAA),                      accordance with § 679.31(d), NMFS
                                              sardine biomass beyond the limits set                                 Commerce.                                               exchanges 15 mt of flathead sole and 35
                                              out in this action could decrease the                                 ACTION: Temporary rule; reallocation.                   mt of yellowfin sole CDQ reserves for 50
                                              sustainability of the Pacific sardine, as                                                                                     mt of rock sole CDQ ABC reserves in the
                                              well as cause future harvest limits to be                             SUMMARY:   NMFS is exchanging unused                    BSAI. This action also decreases and
                                              even lower under the harvest control                                  flathead sole and yellowfin sole                        increases the associated total annual
                                              rule, thereby reducing future profits of                              Community Development Quota (CDQ)                       catches (TAC) and CDQ ABC reserves by
                                              the fishery.                                                          for rock sole CDQ acceptable biological                 the corresponding amounts. Tables 11
                                                 These final specifications are exempt                              catch (ABC) reserves in the Bering Sea                  and 13 of the final 2016 and 2017
                                              from review under Executive Order                                     and Aleutian Islands management area.                   harvest specifications for groundfish in
                                              12866.                                                                This action is necessary to allow the                   the BSAI (81 FR 14773, March 18,
                                                 The Chief Counsel for Regulation of                                2016 total allowable catch of rock sole                 2016), as revised by one flatfish
                                              the Department of Commerce certified                                  in the Bering Sea and Aleutian Islands                  exchange (81 FR 21842, April 12, 2016),
                                              to the Chief Counsel for Advocacy of the                              management area to be harvested.                        are revised as follows:

                                               TABLE 11—FINAL 2016 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
                                                  AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
                                                  SOLE, AND YELLOWFIN SOLE TACS
                                                                                                                              [Amounts are in metric tons]
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                                                                                                                               Pacific ocean perch                          Flathead          Rock       Yellowfin
                                                                                                                                                                              sole            sole         sole
                                                                        Sector                                    Eastern             Central             Western
                                                                                                                  Aleutian            Aleutian            Aleutian            BSAI            BSAI         BSAI
                                                                                                                   district            district            district

                                              TAC ..........................................................              7,900             7,000                9,000              20,985      56,750       144,365



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Document Created: 2016-06-24 00:53:03
Document Modified: 2016-06-24 00:53:03
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, 2016, through June 30, 2017.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected]
FR Citation81 FR 41251 
RIN Number0648-XE56

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