81_FR_57652 81 FR 57489 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

81 FR 57489 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57489-57490
FR Document2016-20056

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 Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the West Coast for the fishing season of July 1, 2016, through June 30, 2017. This rule is implemented according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The 2016-2017 HG for Pacific mackerel is 21,161 metric tons (mt). This is the total commercial fishing target level. NMFS is also implementing an annual catch target (ACT), of 20,161 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the HG (21,161 mt) and ACT as a 1,000 mt set-aside for incidental landings in other CPS fisheries and other sources of mortality. This final rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016) 
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57489-57490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160617540-6702-02]
RIN 0648-XE695


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

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement annual management 
measures and harvest specifications to establish the allowable catch 
levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for 
Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the West 
Coast for the fishing season of July 1, 2016, through June 30, 2017. 
This rule is implemented according to the Coastal Pelagic Species (CPS) 
Fishery Management Plan (FMP). The 2016-2017 HG for Pacific mackerel is 
21,161 metric tons (mt). This is the total commercial fishing target 
level. NMFS is also implementing an annual catch target (ACT), of 
20,161 mt. If the fishery attains the ACT, the directed fishery will 
close, reserving the difference between the HG (21,161 mt) and ACT as a 
1,000 mt set-aside for incidental landings in other CPS fisheries and 
other sources of mortality. This final rule is intended to conserve and 
manage the Pacific mackerel stock off the U.S. West Coast.

DATES: Effective September 22, 2016 through June 30, 2017.

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

SUPPLEMENTARY INFORMATION: During public meetings each year, the 
estimated biomass for Pacific mackerel is presented to the Pacific 
Fishery Management Council's (Council) CPS

[[Page 57490]]

Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) 
and the Council's Scientific and Statistical Committee (SSC), and the 
biomass and the status of the fishery are reviewed and discussed. The 
biomass estimate is then presented to the Council along with the 
recommended overfishing limit (OFL) and acceptable biological catch 
(ABC) calculations from the SSC, along with the calculated ACL, HG, and 
ACT recommendations, and comments from the Team and Subpanel. Following 
review by the Council and after reviewing public comment, the Council 
adopts a biomass estimate and makes its catch level recommendations to 
NMFS. Under the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery 
in the U.S. EEZ off the Pacific coast (California, Oregon, and 
Washington) in accordance with the FMP. Annual Specifications published 
in the Federal Register establish the allowable harvest levels (i.e. 
OFL/ACL/HG) for each Pacific mackerel fishing year. The purpose of this 
action is to implement the 2016-2017 ACL, HG, ACT and other annual 
catch reference points, including an OFL and an ABC that take into 
consideration uncertainty surrounding the current estimate of biomass 
for Pacific mackerel in the U.S. EEZ off the Pacific coast.
    The CPS FMP and its implementing regulations require NMFS to set 
these annual catch levels for the Pacific mackerel fishery based on the 
annual specification framework and control rules in the FMP. These 
control rules include the HG control rule, which in conjunction with 
the OFL and ABC rules in the FMP, are used to manage harvest levels for 
Pacific mackerel, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq. According to 
the FMP, the quota for the principal commercial fishery is determined 
using the FMP-specified HG formula. The HG is based, in large part, on 
the current estimate of stock biomass. The annual biomass estimates are 
an explicit part of the various harvest control rules for Pacific 
mackerel, and as the estimated biomass decreases or increases from one 
year to the next, the resulting allowable catch levels similarly trend. 
The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) * 
Fraction * Distribution] with the parameters described as follows:
    1. Biomass. The estimated stock biomass of Pacific mackerel age one 
and above. For the 2016-2017 management season this is 118,968 mt.
    2. Cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established this level at 18,200 mt.
    3. Fraction. The harvest fraction is the percentage of the biomass 
above 18,200 mt that may be harvested.
    4. Distribution. The average portion of the Pacific mackerel 
biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent 
and is based on the average historical larval distribution obtained 
from scientific cruises and the distribution of the resource according 
to the logbooks of aerial fish-spotters.
    At the June 2015 Council meeting, the Council adopted a new full 
stock assessment for Pacific mackerel completed by NMFS Southwest 
Fisheries Science Center and along with the Council's SSC, approved the 
resulting Pacific mackerel biomass estimate of 118,968 mt as the best 
available science for use in the 2016-2017 fishing year. Based on 
recommendations from its SSC and other advisory bodies, the Council 
recommended and NMFS is implementing, an OFL of 24,983 mt, an ABC and 
ACL of 22,822 mt, an HG of 21,161 mt, and an ACT of 20,161 mt for the 
fishing year of July 1, 2016, to June 30, 2017.
    Upon attainment of the ACT, the directed fishing would close, 
reserving the difference between the HG and ACT (1,000 mt) as a set 
aside for incidental landings in other CPS fisheries. For the remainder 
of the fishing year incidental landings would also be constrained to a 
45 percent incidental catch allowance when Pacific mackerel are landed 
with other CPS (in other words, no more than 45 percent by weight of 
the CPS landed per trip may be Pacific mackerel), except that up to 3 
mt of Pacific mackerel could be landed incidentally without landing any 
other CPS. Upon attainment of the HG (21,161 mt), no retention of 
Pacific mackerel would be allowed in CPS fisheries. In previous years, 
the incidental set-aside established in the mackerel fishery has been, 
in part, to ensure that if the directed quota for mackerel was reached 
that the operation of the Pacific sardine fishery was not overly 
restricted. There is no directed Pacific sardine fishery for the 2016-
2017 season; therefore, the need for a high incidental set-aside is 
reduced. The purpose of the incidental set-aside and the allowance of 
an incidental fishery are to allow for restricted incidental landings 
of Pacific mackerel in other fisheries, particularly other CPS 
fisheries, when the directed fishery is closed to reduce potential 
discard of Pacific mackerel and allow for continued prosecution of 
other important CPS fisheries.
    The NMFS West Coast Regional Administrator would publish a notice 
in the Federal Register announcing the date of any closure to either 
directed or incidental fishing. Additionally, to ensure the regulated 
community is informed of any closure, NMFS would also make 
announcements through other means available, including fax, email, and 
mail to fishermen, processors, and state fishery management agencies.
    On June 23, 2016, a proposed rule was published for this action and 
public comments solicited (81 FR 40844, as corrected by 81 FR 47154), 
with a comment period that ended on July 25, 2016. NMFS received no 
comments regarding the proposed Pacific mackerel specifications and no 
changes were made from the proposed rule. Detailed information on the 
fishery and the stock assessment are found in the report ``Pacific 
Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 
2015-16 Fishing Year'' (see FOR FURTHER INFORMATION CONTACT).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Assistant Administrator, NMFS, has 
determined that this final rule is consistent with the CPS FMP, other 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act, and other applicable law.
    These 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 Paperwork Reduction Act.

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

    Dated: August 12, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-20056 Filed 8-22-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations 57489 primary responsibility for captioning programming, the Commission will also chapter or a low power television issues and who can ensure compliance take into account, on a case-by-case broadcast station licensed pursuant to with the Commission’s rules. In basis, the following factors: part 74, subpart G, of this chapter, or the addition, this contact information shall * * * * * owner of either such station, is not include the person’s title or office, (k) * * * required to provide a certification for telephone number, fax number (if the (1) * * * video programming that is broadcast by video programming distributor has a fax (iv) Certification procedures for video the television broadcast station. number), postal mailing address, and programmers. Video programmers [FR Doc. 2016–19685 Filed 8–22–16; 8:45 am] email address. Video programming adopting Best Practices will certify to BILLING CODE 6712–01–P distributors shall include this the Commission that they adhere to Best information on their Web sites (if they Practices for video programmers, in have a Web site), in telephone accordance with paragraph (m) of this DEPARTMENT OF COMMERCE directories, and in billing statements (to section. the extent the distributor issues billing * * * * * National Oceanic and Atmospheric statements). Video programming (l) [Reserved] Administration distributors shall keep this information (m) Video programmer certification. current and update it within ten (10) (1) On or before July 1, 2017, or prior 50 CFR Part 660 business days for Web sites, by the next to the first time a video programmer that billing cycle for billing statements, and [Docket No. 160617540–6702–02] has not previously provided video by the next publication of directories. programming shown on television RIN 0648–XE695 (3) Providing contact information to provides video programming for the Commission. Video programming television for the first time, whichever Fisheries Off West Coast States; distributors and video programmers is later, and on or before July 1 of each Coastal Pelagic Species Fisheries; shall file contact information with the year thereafter, each video programmer Annual Specifications Commission through a web form located shall submit a certification to the on the Commission’s Web site. Such AGENCY: National Marine Fisheries Commission through a web form located Service (NMFS), National Oceanic and contact information shall include the on the Commission’s Web site stating name of a person with primary Atmospheric Administration (NOAA), that: Commerce. responsibility for captioning issues and (i) The video programmer provides ensuring compliance with the ACTION: Final rule. closed captioning for its programs in Commission’s rules. In addition, such compliance with the Commission’s contact information shall include the SUMMARY: NMFS issues this final rule to rules; and implement annual management person’s title or office, telephone (ii) The video programmers’ programs number, fax number (if the video measures and harvest specifications to either satisfy the caption quality establish the allowable catch levels (i.e. programming distributor or video standards of paragraph (j)(2) of this programmer has a fax number), postal annual catch limit (ACL)/harvest section; or in the ordinary course of guideline (HG)) for Pacific mackerel in mailing address, and email address. business, the video programmer has Contact information shall be available to the U.S. exclusive economic zone (EEZ) adopted and follows the Best Practices off the West Coast for the fishing season consumers on the Commission’s Web set forth in paragraph (k)(1) of this site or by telephone inquiry to the of July 1, 2016, through June 30, 2017. section. This rule is implemented according to Commission’s Consumer Center. Video (2) If all of video programmer’s programming distributors and video the Coastal Pelagic Species (CPS) programs are exempt from the closed Fishery Management Plan (FMP). The programmers shall notify the captioning rules under one or more of Commission each time there is a change 2016–2017 HG for Pacific mackerel is the exemptions set forth in this section, 21,161 metric tons (mt). This is the total in any of this required information in lieu of the certification required by within ten (10) business days. commercial fishing target level. NMFS paragraph (m)(1) of this section, the is also implementing an annual catch (j) * * * video programmer shall submit a (1) [Reserved] target (ACT), of 20,161 mt. If the fishery certification to the Commission through attains the ACT, the directed fishery * * * * * a web form located on the Commission’s will close, reserving the difference (3) Application of captioning quality Web site stating that all of its programs between the HG (21,161 mt) and ACT as standards. Video Programmers shall are exempt from the closed captioning a 1,000 mt set-aside for incidental ensure that captioning meet the rules and specify each category of landings in other CPS fisheries and standards of paragraph (j)(2) of this exemption claimed by the video other sources of mortality. This final section for accuracy, synchronicity, programmer. rule is intended to conserve and manage completeness and placement, except for (3) If some of a video programmer’s the Pacific mackerel stock off the U.S. de minimis captioning errors. In programs are exempt from the closed West Coast. determining whether a captioning error captioning rules under one or more of DATES: Effective September 22, 2016 is de minimis, the Commission will the exemptions set forth in this section, consider the particular circumstances as part of the certification required by through June 30, 2017. presented, including the type of failure, paragraph (m)(1) of this section, the FOR FURTHER INFORMATION CONTACT: the reason for the failure, whether the video programmer shall include a Joshua Lindsay, West Coast Region, failure was one-time or continuing, the certification stating that some of its NMFS, (562) 980–4034, ehiers on DSK5VPTVN1PROD with RULES degree to which the program was programs are exempt from the closed Joshua.Lindsay@noaa.gov. understandable despite the errors, and captioning rules and specify each SUPPLEMENTARY INFORMATION: During the time frame within which corrective category of exemption claimed by the public meetings each year, the estimated action was taken to prevent such video programmer. biomass for Pacific mackerel is failures from recurring. When applying (4) A television broadcast station presented to the Pacific Fishery such standards to live and near-live licensed pursuant to part 73 of this Management Council’s (Council) CPS VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1

57490 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations Management Team (Team), the 2. Cutoff. This is the biomass level for continued prosecution of other Council’s CPS Advisory Subpanel below which no commercial fishery is important CPS fisheries. (Subpanel) and the Council’s Scientific allowed. The FMP established this level The NMFS West Coast Regional and Statistical Committee (SSC), and the at 18,200 mt. Administrator would publish a notice in biomass and the status of the fishery are 3. Fraction. The harvest fraction is the the Federal Register announcing the reviewed and discussed. The biomass percentage of the biomass above 18,200 date of any closure to either directed or estimate is then presented to the mt that may be harvested. incidental fishing. Additionally, to Council along with the recommended 4. Distribution. The average portion of ensure the regulated community is overfishing limit (OFL) and acceptable the Pacific mackerel biomass estimated informed of any closure, NMFS would biological catch (ABC) calculations from in the U.S. EEZ off the Pacific coast is also make announcements through other the SSC, along with the calculated ACL, 70 percent and is based on the average means available, including fax, email, HG, and ACT recommendations, and historical larval distribution obtained and mail to fishermen, processors, and comments from the Team and Subpanel. from scientific cruises and the state fishery management agencies. Following review by the Council and distribution of the resource according to On June 23, 2016, a proposed rule was after reviewing public comment, the the logbooks of aerial fish-spotters. published for this action and public Council adopts a biomass estimate and At the June 2015 Council meeting, the comments solicited (81 FR 40844, as makes its catch level recommendations Council adopted a new full stock corrected by 81 FR 47154), with a to NMFS. Under the Magnuson-Stevens assessment for Pacific mackerel comment period that ended on July 25, Fishery Conservation and Management completed by NMFS Southwest 2016. NMFS received no comments Act, 16 U.S.C. 1801 et seq., NMFS Fisheries Science Center and along with regarding the proposed Pacific mackerel manages the Pacific mackerel fishery in the Council’s SSC, approved the specifications and no changes were the U.S. EEZ off the Pacific coast resulting Pacific mackerel biomass made from the proposed rule. Detailed (California, Oregon, and Washington) in estimate of 118,968 mt as the best information on the fishery and the stock accordance with the FMP. Annual available science for use in the 2016– assessment are found in the report Specifications published in the Federal 2017 fishing year. Based on ‘‘Pacific Mackerel (Scomber japonicus) Register establish the allowable harvest recommendations from its SSC and Stock Assessment for USA Management levels (i.e. OFL/ACL/HG) for each other advisory bodies, the Council in the 2015–16 Fishing Year’’ (see FOR Pacific mackerel fishing year. The recommended and NMFS is FURTHER INFORMATION CONTACT). purpose of this action is to implement implementing, an OFL of 24,983 mt, an the 2016–2017 ACL, HG, ACT and other Classification ABC and ACL of 22,822 mt, an HG of annual catch reference points, including 21,161 mt, and an ACT of 20,161 mt for Pursuant to section 304(b)(1)(A) of the an OFL and an ABC that take into the fishing year of July 1, 2016, to June Magnuson-Stevens Fishery consideration uncertainty surrounding 30, 2017. Conservation and Management Act, the the current estimate of biomass for Upon attainment of the ACT, the Assistant Administrator, NMFS, has Pacific mackerel in the U.S. EEZ off the directed fishing would close, reserving determined that this final rule is Pacific coast. the difference between the HG and ACT consistent with the CPS FMP, other The CPS FMP and its implementing (1,000 mt) as a set aside for incidental provisions of the Magnuson-Stevens regulations require NMFS to set these landings in other CPS fisheries. For the Fishery Conservation and Management annual catch levels for the Pacific remainder of the fishing year incidental Act, and other applicable law. mackerel fishery based on the annual landings would also be constrained to a These specifications are exempt from specification framework and control 45 percent incidental catch allowance review under Executive Order 12866. rules in the FMP. These control rules when Pacific mackerel are landed with The Chief Counsel for Regulation of include the HG control rule, which in other CPS (in other words, no more than the Department of Commerce certified conjunction with the OFL and ABC 45 percent by weight of the CPS landed to the Chief Counsel for Advocacy of the rules in the FMP, are used to manage per trip may be Pacific mackerel), Small Business Administration during harvest levels for Pacific mackerel, in except that up to 3 mt of Pacific the proposed rule stage that this action accordance with the Magnuson-Stevens mackerel could be landed incidentally would not have a significant economic Fishery Conservation and Management without landing any other CPS. Upon impact on a substantial number of small Act, 16 U.S.C. 1801 et seq. According to attainment of the HG (21,161 mt), no entities. The factual basis for the the FMP, the quota for the principal retention of Pacific mackerel would be certification was published in the commercial fishery is determined using allowed in CPS fisheries. In previous proposed rule and is not repeated here. the FMP-specified HG formula. The HG years, the incidental set-aside No comments were received regarding is based, in large part, on the current established in the mackerel fishery has this certification. As a result, a estimate of stock biomass. The annual been, in part, to ensure that if the regulatory flexibility analysis was not biomass estimates are an explicit part of directed quota for mackerel was reached required and none was prepared. the various harvest control rules for that the operation of the Pacific sardine This action does not contain a Pacific mackerel, and as the estimated fishery was not overly restricted. There collection-of-information requirement biomass decreases or increases from one is no directed Pacific sardine fishery for for purposes of the Paperwork year to the next, the resulting allowable the 2016–2017 season; therefore, the Reduction Act. catch levels similarly trend. The harvest need for a high incidental set-aside is control rule in the CPS FMP is HG = Authority: 16 U.S.C. 1801 et seq. reduced. The purpose of the incidental [(Biomass-Cutoff) * Fraction * set-aside and the allowance of an Dated: August 12, 2016. ehiers on DSK5VPTVN1PROD with RULES Distribution] with the parameters incidental fishery are to allow for Samuel D. Rauch III, described as follows: restricted incidental landings of Pacific Deputy Assistant Administrator for 1. Biomass. The estimated stock mackerel in other fisheries, particularly Regulatory Programs, National Marine biomass of Pacific mackerel age one and other CPS fisheries, when the directed Fisheries Service. above. For the 2016–2017 management fishery is closed to reduce potential [FR Doc. 2016–20056 Filed 8–22–16; 8:45 am] season this is 118,968 mt. discard of Pacific mackerel and allow BILLING CODE 3510–22–P VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 E:\FR\FM\23AUR1.SGM 23AUR1


Document Created: 2018-02-09 11:40:28
Document Modified: 2018-02-09 11:40:28
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 September 22, 2016 through June 30, 2017.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected]
FR Citation81 FR 57489 
RIN Number0648-XE69
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