81_FR_74516 81 FR 74309 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Specifications for Monitored and Prohibited Harvest Species Stock Categories

81 FR 74309 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Specifications for Monitored and Prohibited Harvest Species Stock Categories

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74309-74313
FR Document2016-24989

NMFS is implementing annual catch limits (ACL) and, where necessary, other annual reference points (overfishing limits (OFL) and acceptable biological catches (ABC)) for certain stocks in the monitored and prohibited harvest species categories under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The ACLs are: Jack mackerel, 31,000 metric tons (mt); northern subpopulation of northern anchovy, 9,750 mt; central subpopulation of northern anchovy, 25,000 mt; and krill, zero. Additionally, an OFL of 39,000 mt, an ABC of 9,750 mt and an annual catch target (ACT) of 1,500 mt are being implemented for the northern subpopulation of northern anchovy. This rule is intended to conserve and manage these stocks off the U.S. West Coast. If the ACL for any one of these stocks is reached, then fishing for that stock will be closed until it reopens at the start of the next fishing season.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74309-74313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24989]



[[Page 74309]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130808697-6907-02]
RIN 0648-XC808


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Multi-Year Specifications for Monitored and Prohibited 
Harvest Species Stock Categories

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

ACTION: Final rule.

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

SUMMARY: NMFS is implementing annual catch limits (ACL) and, where 
necessary, other annual reference points (overfishing limits (OFL) and 
acceptable biological catches (ABC)) for certain stocks in the 
monitored and prohibited harvest species categories under the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP). The ACLs are: Jack 
mackerel, 31,000 metric tons (mt); northern subpopulation of northern 
anchovy, 9,750 mt; central subpopulation of northern anchovy, 25,000 
mt; and krill, zero. Additionally, an OFL of 39,000 mt, an ABC of 9,750 
mt and an annual catch target (ACT) of 1,500 mt are being implemented 
for the northern subpopulation of northern anchovy. This rule is 
intended to conserve and manage these stocks off the U.S. West Coast. 
If the ACL for any one of these stocks is reached, then fishing for 
that stock will be closed until it reopens at the start of the next 
fishing season.

DATES: The Annual Catch Limits established in this final rule are 
effective from January 1, 2017, through December 31, 2017.

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

SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. exclusive 
economic zone (EEZ) off the West Coast is managed under the CPS FMP, 
which was developed by the Pacific Fishery Management Council (Council) 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA), 16 U.S.C. 1801 et seq. The six species managed under the CPS 
FMP are Pacific sardine, Pacific mackerel, jack mackerel, northern 
anchovy (northern and central subpopulations), market squid and krill. 
The CPS FMP is implemented by regulations at 50 CFR part 660, subpart 
I.
    Management unit stocks in the CPS FMP are classified under three 
management categories: actively managed, monitored and prohibited 
harvest species. Active stocks are characterized by periodic stock 
assessments, and/or periodic or annual adjustments of target harvest 
levels. Management of monitored stocks, by contrast, generally involves 
tracking landings against the relevant ACL (previously the ABCs) and 
qualitative comparison to available abundance data, without regular 
stock assessments or annual adjustments to target harvest levels. 
Species in both categories may be subject to management measures such 
as catch allocation, gear regulations, closed areas, closed seasons, or 
other forms of ``active'' management. For example, trip limits and a 
limited entry permit program are already in place for all CPS finfish. 
The monitored category includes jack mackerel, two sub-populations of 
the northern anchovy stock, and market squid. Krill is the only stock 
in the prohibited harvest category. The CPS monitored stocks have not 
been managed to a hard quota like the active category stocks by NMFS 
(although the state of California manages market squid with an annual 
limit). Instead, landings have been monitored against harvest reference 
levels to determine if overfishing is occurring and to gauge the need 
for more active management such as requiring periodic stock assessments 
and regular adjustments to quotas. Catches of the three finfish stocks 
in the monitored category--northern anchovy (northern and central 
subpopulations) and jack mackerel--have remained well below their 
respective ABC (now ACL levels for jack mackerel and the central 
anchovy subpopulation) since implementation of the CPS FMP in 2000, 
with average catches over the last 10 years of approximately 7,300 mt 
(270 mt and 660 mt for the central and northern subpopulations of 
northern anchovy and jack mackerel, respectively).
    In September 2011, NMFS approved Amendment 13 to the CPS FMP, which 
modified the framework process used to set and adjust fishery 
specifications and for setting ACLs and accountability measures (AMs). 
Amendment 13 was intended to ensure the FMP conforms with the 2007 
amendments to the MSA and NMFS' revised MSA National Standard 1 
guidelines at 50 CFR part 600. Specifically, Amendment 13 maintained 
the existing reference points and the primary harvest control rules for 
the monitored stocks (jack mackerel, northern anchovy and market 
squid), including the large buffer built into the ABC control rule for 
the finfish stocks, as well as the overfishing criteria for market 
squid, but modified these reference points and control rules to align 
with the revised advisory guidelines and to comply with the new 
statutory requirement to establish a process for setting ACLs and AMs. 
This included a default management framework under which the OFL for 
each monitored stock was set equal to the maximum sustainable yield 
(MSY) value and ABC was reduced from the OFL by 75 percent as an 
uncertainty buffer (based on the existing ABC control rule where ABC 
equals 25 percent of OFL/MSY). This default framework is used unless 
there is determined to be a more appropriate OFL; as is the case for 
the northern subpopulation of northern anchovy, or stock-specific ABC 
control rule, like the proxy for the fishing rate that is expected to 
result in MSY (FMSY proxy) for market squid of Egg 
Escapement >= 30 percent. ACLs are then set equal to the ABC or could 
be set lower than the ABC, along with ACTs, if deemed necessary. These 
control rules and harvest policies for monitored CPS stocks are simpler 
and more precautionary than those used for actively managed stocks in 
recognition of the low fishing effort and low landings for these 
stocks, as well as the lack of current estimates of stock biomass.
    Through this action, NMFS is implementing the ACLs shown in Table 1 
for jack mackerel, the two subpopulations of northern anchovy, and 
krill, as well as an OFL, ABC and ACT for the northern subpopulation of 
northern anchovy.

 Table 1--ACLs for Monitored CPS Finfish, Including OFL, ABC, and ACT for the Northern Subpopulation of Northern
                                                     Anchovy
----------------------------------------------------------------------------------------------------------------
              Stock                       OFL                  ABC                  ACL                ACT
----------------------------------------------------------------------------------------------------------------
Jack mackerel...................  126,000 mt.........  31,000 mt..........  31,000 mt..........  ...............

[[Page 74310]]

 
Northern anchovy, (northern       39,000 mt..........  9,750 mt...........  9,750 mt...........        1,500 mt
 subpopulation).
Northern anchovy, (central        100,000 mt.........  25,000 mt..........  25,000 mt..........  ...............
 subpopulation).
Market squid....................  FMSY proxy           FMSY proxy           ACL not required     ...............
                                   resulting in Egg     resulting in Egg     (Less than 1-year
                                   Escapement >=30%     Escapement >=30%     lifecycle and no
                                                                             overfishing).
Krill...........................  Undefined..........  Undefined..........  0..................  ...............
----------------------------------------------------------------------------------------------------------------

    The OFLs and ABCs listed in Table 1 for jack mackerel, the central 
subpopulation of northern anchovy, market squid and krill are included 
for information purposes only. The OFL and ABC specifications for those 
stocks are set in the FMP; NMFS is not establishing or revising them by 
this action.
    These catch levels and reference points were recommended to NMFS by 
the Council and were based on recommendations from its advisory bodies 
according to the framework in the FMP established through Amendment 13, 
including OFL and ABC recommendations from its Science and Statistical 
Committee (SSC). The ACLs for these monitored stocks will be in place 
for the calendar year fishing season (January 1-December 31), and would 
remain in place for each subsequent calendar year until new scientific 
information becomes available to warrant changing them, or if landings 
increase and consistently reach the ABC/ACL level, necessitating a 
change to active management under the FMP. These ACLs provide a means 
to monitor these stocks on an annual basis and prevent overfishing, as 
each year the total harvest of each stock will be assessed against 
their respective ACLs. Furthermore, if the harvest level of a fishery 
reaches an ACL, the directed fishery would be closed through the end of 
the year. These ACLs and other reference points remain in place until 
changed according to the FMP framework. While this rule announces the 
ACLs for calendar year 2017 only, in a future rulemaking NMFS intends 
to propose regulatory text codifying the ACLs in 50 CFR part 660 
subpart I.
    Market squid, because of their short life-cycle, fall under the 
statutory exception from the requirement to set ACLs and AMs. Section 
303(a)(15) of the MSA states that the requirement for ACLs ``shall not 
apply to a fishery for species that has a life cycle of approximately 1 
year unless the Secretary has determined the fishery is subject to 
overfishing of that species''. Market squid have a lifecycle of less 
than 1 year and have not been determined to be subject to overfishing; 
therefore, an ACL is not required and is not being implemented for 
market squid.
    NMFS is not establishing or changing the specifications for krill 
by this rulemaking. Krill are a prohibited harvest species. The 
targeting, harvesting and transshipment of krill are all explicitly 
prohibited; therefore, the ACL for krill is zero. Because the harvest 
level is zero, setting an OFL or ABC for krill would serve no function 
and is not done in this action.
    If an ACL is reached, or is expected to be reached for one of these 
fisheries, the directed fishery would be closed until the beginning of 
the next fishing season. The NMFS West Coast Regional Administrator 
would publish a notice in the Federal Register announcing the date of 
any such closure. Additionally, nearing or exceeding one of these ACLs 
would trigger a review of whether the fishery should be moved into the 
actively managed category of the FMP.
    The proposed rule also referenced ACTs in the paragraph above that 
describes closing fisheries upon attainment of ACLs and reviewing 
whether the fishery should be moved to the actively managed category. 
That was an error and NMFS did not intend to propose closing the 
fishery upon attainment of the ACT, or describe the ACT as trigger 
point for any post-season AMs, as ACTs are not designed to trigger 
automatic closures or management category review; therefore, reference 
to ACTs has been removed from that paragraph. The purpose of the ACT 
for the northern subpopulation of northern anchovy is only to assist 
with in-season tracking of fishery landings to help ensure the ACL is 
not exceeded.
    Further background on this action can be found in the proposed rule 
that solicited public comments for this action (80 FR 72676, November 
20, 2015) and is not repeated here.
    NMFS received 50 comment letters on the proposed rule. Twenty-six 
of these comment letters were of very similar form and substance, and 
were focused only on northern anchovy fishing in Monterey Bay, CA, and 
the proposed ACL for the central subpopulation of northern anchovy. 
Additionally, many of the other comment letters provided multiple 
comments. One comment letter from a non-governmental organization was 
also represented to NMFS as having been electronically signed by 27,151 
individuals. Many of the comments provided, such as reconsideration of 
the existing OFL and ABC values and control rules, as well as other 
aspects of CPS management such as spatial management or stock re-
categorization, are beyond the scope of this rulemaking and will not be 
addressed here. However, NMFS found the comments valuable and will 
consider them for future management planning, and will ensure the 
Council is aware of the comments. Although changes to the OFL or ABC 
levels or revisiting these values or the default ABC control rule for 
monitored stocks was not being proposed in this rulemaking, for 
information purposes only, NMFS will respond to comments on some 
aspects of the existing OFL and ABC values, which were previously 
endorsed by the Council's SSC and NMFS as the best available science. 
No changes were made in response to the comments received. NMFS 
summarizes and responds to the comments below.

Comments and Responses

    Comment 1: The proposed ACL for the central subpopulation of 
northern anchovy is too high and a more precautionary/lower quota 
should be set and additional precautionary measures be adopted, such as 
area closures. Various rationale were stated for this comment including 
concern that: the northern anchovy stock may be at a low abundance 
level, based partially on a recent scientific journal article (MacCall 
et al. 2016) describing a collapse of anchovy off California; that 
fishing may be resulting in potential impacts to northern anchovy 
predators in certain

[[Page 74311]]

locations; and that the ACL is based on an outdated biomass estimate 
and should be revised based on more current information.
    Response: Northern anchovy, like other small pelagic species, can 
undergo wide natural fluctuations in total abundance, even in the 
absence of fishing. This is caused by the fact that northern anchovy 
recruitment (the number of young fish that enter a population in a 
given year) is highly variable and likely correlated with prevailing 
oceanographic conditions. The ACL for the central subpopulation of 
northern anchovy (CSNA) is currently set equal to its ABC value of 
25,000 mt, which is 75,000 mt lower than its OFL. This substantial 
reduction in allowable catch from the OFL (the estimate of the level of 
catch above which overfishing is occurring), is primarily in 
recognition of the high uncertainty in the OFL value and the knowledge 
that the yearly abundance of this stock can fluctuate as described 
above. These catch levels are derived from the default OFL 
specification and ABC control rule framework for monitored stocks, 
which were used for CSNA, under which its OFL was set equal to its MSY 
value and its ABC level was reduced from this OFL by 75 percent to 
account for scientific uncertainty in the OFL and to prevent 
overfishing, among other considerations. This ABC value is also the 
upper bound for which the ACL can be set. As previously stated, the 
existing OFL and ABC values are not subject to this rulemaking. This 
management framework, including the non-discretionary reduction in 
allowable catch built into the harvest policy for CPS stocks in the 
monitored category, was previously recommended by the Council's SSC, 
adopted by the Council and approved by NMFS as best available science 
and determined to appropriately account for uncertainty and protect the 
stock from overfishing. Therefore, until new scientific information 
becomes available and approved for revising the ABC, it is not 
necessary to further reduce the ACL from the ABC for precautionary 
reasons regarding scientific uncertainty in the level of catch intended 
to prevent overfishing.
    Although it is true that the last formal stock assessment for CSNA 
was completed in 1995, contrary to the perceptions expressed in some of 
the comments received, the ACL for CSNA is not based on this assessment 
or any single estimate of biomass. As described above, the ACL has been 
reduced down from the OFL, which has been set equal to its estimate of 
MSY--an estimate that is intended to reflect the largest average 
fishing mortality rate or yield that can be taken from a stock over the 
long term.
    NMFS is aware of the scientific journal article referenced in the 
comments (MacCall et al. 2016) and the methods used by authors of this 
article were partially reviewed at the workshop described below. NMFS 
agrees there is evidence that CSNA did likely go through a decline in 
the recent past and abundance may still be at some relatively low 
state. Additionally, NMFS agrees with the finding in the paper that any 
decline is a result of ``natural phenomena'' and not fishing. NMFS 
notes, however, that the time period for which the article discusses a 
potential decline is from 2008 and 2011, and does not provide analysis 
for years past 2011. The estimates of biomass in the article also 
increased by an order of magnitude between 2003 and 2005, highlighting 
the variability mentioned above that this stock can exhibit. 
Preliminary data examined by NMFS from 2015 shows that anchovy 
recruitment along portions of the U.S. West Coast appears to be 
stronger than previous recruitment levels over the past 10 years. The 
extent of this potential decline and whether or not the stock is still 
at low levels is currently unclear. Much of the available compiled data 
on the central subpopulation of northern anchovy is either outdated or 
from surveys that are best at providing regional indices of relative 
availability and variability of the stock, but are not estimates of 
overall biomass, which are typically best derived from stock 
assessments. Thus, while the increased recruitment signals seen in 2015 
are positive, it would be premature to assess their overall 
contribution to the stock without conducting a formal assessment of the 
data. It is important to note that NMFS' decision to approve the ACL 
for the CSNA is not based on this recent survey data. Similarly, it 
would not be appropriate to reduce the ACL further below the ABC based 
on potentially outdated information or information that has not been 
formally reviewed.
    Relating to the comment that the stock has not been assessed 
recently, and that NMFS should set the ACL based on updated 
information, NMFS points out that the Council, in coordination with 
NMFS Southwest Fisheries Science Center, recently held a workshop to 
examine available approaches to assessing short-lived, data poor 
species as well the current available data and how it may be used. A 
report from this workshop is now available and was reviewed by the 
Council at its September 2016 meeting. Additionally, NMFS is currently 
analyzing some of the data described above about CSNA and, based on the 
recommendations from this workshop, is scheduled to provide an 
assessment of the available information on the stock in the fall of 
2016. Although the current management framework for anchovy is not set 
up to explicitly utilize the abundance information that may be 
produced, it will hopefully allow NMFS to have a better understanding 
of the current state of this stock.
    With regards to the ACL being implemented for CSNA and the 
potential indirect impact to CSNA predators through the removal of a 
prey source, because the ACL is set equal to the ABC, and the ABC has 
already been substantially reduced to protect CSNA from overfishing, 
harvesting up to the ACL level should equate to very little risk to the 
CSNA as a result of fishing. Therefore, it is unlikely that removing up 
to the ACL will reduce the total abundance of CSNA in a manner that 
would indirectly impact predator populations. Additionally, given that 
harvest rates of CSNA have generally been well below this ACL, with 
little expectation they will increase significantly in the short term, 
and the fact that CSNA is only one component of much larger forage base 
that most predators in the California Current Ecosystem (CCE) along the 
U.S. west coast depend on, harvest at the level of the ACL would likely 
not have a discernable impact as a removal of a prey source. 
Furthermore, there is no direct evidence that the current fishing 
levels are having direct competition effects on species that feed on 
CSNA. The likely reason for this is that most studies have shown that 
predators of CPS in the CCE have more opportunistic diets rather than 
depending on one specific prey item. For example, many documented 
predators of sardines showed no signs of population stress or decline 
during periods of very low sardine abundance in the CCE from the 1950s 
through the 1980s when their diets reflected an absence of this prey 
resource.
    With regards to the comment that spatial fishing area closures may 
be necessary due to the potential for localized effects of prey 
limitations through localized depletion of CSNA by fishing, spatial 
closures such as those requested by some commenters are outside the 
scope of this action. The only part of this action that relates to CSNA 
is the ACL for the stock. However, NMFS appreciates some of the 
commenter's concerns regarding spatial effects. Although additional 
analysis is needed, recent research suggests that CSNA distribution, as 
well as other species, including other forage species,

[[Page 74312]]

may have shifted both spatially and temporally in recent years due to 
severe environmental changes in the ocean, such as the ``Warm Blob'' 
and early El Ni[ntilde]o effects. Although most predators of small 
pelagic species off the west coast are not dependent on the 
availability of a single species (as described above) but rather on a 
suite of species whose total and regional abundances may also shift 
each year, these recent shifts in distribution over time and space may 
be limiting prey availability to some predators during certain times of 
the year. NMFS has been working to better understand diet linkages 
between forage fish species and higher order predators to enhance the 
ecosystem science used in our fisheries management.
    Comment 2: Anchovy fishing within the waters of Monterey Bay, CA, 
is negatively impacting humpback whales and fishing should be 
restricted or prohibited in that area.
    Response: NMFS appreciates the many comments received by both the 
general public and business owners concerned about Humpback whales, as 
they are an important trust resource of NMFS. NMFS found many of the 
comments and the firsthand information provided in them valuable and 
will consider it in future management actions; however, changes to CPS 
management such as area closures are outside the scope of this action. 
However, NMFS will respond in part to these comments. Humpback whales 
are globally distributed and are highly migratory; spending spring, 
summer, and fall feeding in temperate or high-latitude areas of the 
North Atlantic, North Pacific and Southern Ocean and migrating to the 
tropics in winter to breed and calve. Humpback whales are believed to 
be largely opportunistic foragers (Fleming et al., 2015), who target a 
wide variety of prey species (Whitteveen, 2006). They are known to feed 
on several types of small schooling fish and krill, and their prey 
consumption is likely an indicator of dominant prey types in the 
ecosystem. Recent NMFS status reports show humpbacks are increasing in 
abundance throughout much of their range with some populations no 
longer warranting listing under the Endangered Species Act. Humpbacks 
off the central California coast are highly migratory, breeding in 
Costa Rica and Mexico and traveling to central California to forage. 
Coupling their diverse diet and migratory patterns, it is unlikely that 
the removal of a portion of one prey source in one localized geographic 
area would have a substantial negative impact on their population.
    Comment 3: One commenter stated that the default framework for 
setting an OFL for the northern subpopulation of northern anchovy was 
not used, and although not clear from the comment, that presumably had 
the default framework been used, a different value would have been 
calculated. Additionally, the comment stated that NMFS did not explain 
how scientific uncertainty was accounted for in the established OFL.
    Response: As it relates to the specific information used to 
determine the OFL for the northern subpopulation of northern anchovy, 
NMFS has determined the best available scientific information was used. 
This value was determined by the Council's SSC and was determined to 
represent the best available science and therefore recommended to NMFS 
by the Council. With regards to not using the default framework, as 
described in the preamble of the proposed rule, the default framework 
established through Amendment 13 set the OFLs for the central 
subpopulation of northern anchovy and jack mackerel equal to the 
existing MSY values in the FMP that were established through Amendment 
8 to the FMP. An MSY value was undetermined for the northern 
subpopulation of northern anchovy at that time; therefore, the default 
framework could not be used for the northern subpopulation of northern 
anchovy. In 2015, Amendment 14 to the CPS FMP established an 
FMSY of 0.3 as the MSY reference point for the northern 
subpopulation of northern anchovy. However, because the default 
framework in the FMP for setting OFLs and ABCs is based on applying a 
percentage to numerical MSY/OFLs, it was necessary to determine a 
numerical OFL value through the specifications process.
    In formulating its recommendation on an appropriate OFL estimate, 
the SSC reviewed all of the available information on the stock, which 
although limited, included information such as egg and larvae survey 
data, density and distribution data, stock productivity and 
vulnerability information and landings data, which was prepared and 
presented to them by the Council's CPSMT (Agenda Item I.2.c, CPSMT 
Report 1, November 2010 and references contained within). Furthermore, 
the SSC also noted that because the northern subpopulation of anchovy 
has been lightly fished, with inconsistent effort, that the time series 
of catch was an unreliable indicator of annual stock status for setting 
the OFL. In the preamble to the proposed rule, NMFS also explained how 
uncertainty is accounted for in estimating the OFL. The OFL of 39,000 
mt was reduced by 75 percent to 9,750 mt (i.e., the ABC) explicitly to 
account for uncertainty in the OFL.
    Comment 4: The comment stated that the control rules and management 
reference points for jack mackerel are ``fraught with doubt'' because 
the most recent stock assessment is outdated and that NMFS has not 
explained how scientific uncertainty is accounted for in the jack 
mackerel ACL. The commenter also recommends NMFS set the ACL for jack 
mackerel at 1,000 tons based on recent catch as it would better reflect 
the scientific guidance and best available science.
    Response: Although the existing control rules are not subject to 
this rulemaking, NMFS points out that as is the case for the central 
subpopulation of northern anchovy (and explained in response to comment 
one), the existing OFL and ABC control rules for jack mackerel and the 
resulting values are not based on a single stock assessment. NMFS 
recognizes that formal stock assessments have not been conducted in 
many years for either northern anchovy or jack mackerel. However, 
management of these stocks is not based on single point estimates of 
biomass; therefore, the fact that the most recent assessments are 
outdated is not relevant to the current quotas which are based on MSY 
principles. The OFL is based on the principle of MSY, which is a long-
term average and intended to reflect a fishing mortality rate that does 
not jeopardize the capacity of a stock or stock complex to produce MSY. 
This OFL is then reduced by 75 percent by the ABC control rule to 
account for scientific uncertainty in the OFL, which was explained in 
the preamble to the proposed rule, as well as in this final rule and 
was also explained in the environmental assessment and other documents 
that accompanied Amendment 13 to the CPS FMP, which established the ABC 
control rule. Similar to the other monitored finfish stocks, because 
jack mackerel is lightly fished, with inconsistent effort over time, 
the existing time series of catch is likely an unreliable indicator of 
stock status, making it an unreliable source of information for 
estimating abundance or setting catch levels.
    Comment 5: The California Department of Fish and Wildlife (CDFW) 
expressed support for the proposed action, but voiced concern over the 
potential increase in staff workload and monitoring costs that the 
proposed action may cause. Additionally, CDFW asked for clarification 
on whether establishing

[[Page 74313]]

ACLs for the two subpopulations of northern anchovy might require 
improved monitoring of the two stocks in the ocean area where the 
populations can overlap.
    Response: CDFW is an important co-manager in the management of CPS 
and NMFS appreciates its input. Based on current fishery operations and 
landings, NMFS does not expect that changes in monitoring practices 
will be necessary as a result of this action because the ACLs being 
implemented are the same as the ABC levels that have been in place in 
the FMP since 1999. However, NMFS recognizes that these fisheries are 
dynamic and aspects of the fishery, such as ports of landing, could 
change, requiring additional work from CDFW. If this were to occur, 
NMFS would work closely with CDFW to help ensure the burden was 
minimized and work to find efficiencies in current monitoring 
procedures to lessen any additional costs. With regards to how catch is 
currently tracked and reported for the two subpopulations of northern 
anchovy, similarly this action does not require a change in current 
practices for differentiating landings between these two subpopulations 
at this time. However, as the comment points out, we are seeing 
oceanographic changes that could re-distribute the current core 
harvesting and landings areas (Los Angeles, CA, Monterey CA, and off 
near the mouth of the Columbia River in Oregon and Washington). If this 
were to occur, along with an increase in landings of both these 
subpopulations, status quo procedures would likely need to change in a 
manner described in the comment. If this need arises, NMFS will work 
closely with the CDFW to ensure this is done in an efficient manner.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that this final rule is consistent with the CPS FMP, other 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act, and other applicable law.
    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.
    On December 29, 2015, the National Marine Fisheries Service (NMFS) 
issued a final rule establishing a small business size standard of $11 
million in annual gross receipts for all businesses primarily engaged 
in the commercial fishing industry (NAICS 11411) for Regulatory 
Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 
29, 2015). The $11 million standard became effective on July 1, 2016, 
and is to be used in place of the U.S. Small Business Administration's 
(SBA) current standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules subject to the RFA after July 1, 
2016. Id. at 81194.
    Pursuant to the Regulatory Flexibility Act, and prior to July 1, 
2016, a certification was developed for this regulatory action using 
SBA's size standards. NMFS has reviewed the analyses prepared for this 
regulatory action in light of the new size standard. All of the 
entities directly regulated by this regulatory action are marine 
commercial fishing businesses and were considered small under the SBA's 
size standards, and thus they all would continue to be considered small 
under the new standard. Thus, NMFS has determined that the new size 
standard does not affect analyses prepared for this regulatory action.
    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: October 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-24989 Filed 10-25-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations                                                                             74309

                                           DEPARTMENT OF COMMERCE                                        Act (MSA), 16 U.S.C. 1801 et seq. The                                  In September 2011, NMFS approved
                                                                                                         six species managed under the CPS FMP                               Amendment 13 to the CPS FMP, which
                                           National Oceanic and Atmospheric                              are Pacific sardine, Pacific mackerel,                              modified the framework process used to
                                           Administration                                                jack mackerel, northern anchovy                                     set and adjust fishery specifications and
                                                                                                         (northern and central subpopulations),                              for setting ACLs and accountability
                                           50 CFR Part 660                                               market squid and krill. The CPS FMP is                              measures (AMs). Amendment 13 was
                                           [Docket No. 130808697–6907–02]                                implemented by regulations at 50 CFR                                intended to ensure the FMP conforms
                                                                                                         part 660, subpart I.                                                with the 2007 amendments to the MSA
                                           RIN 0648–XC808                                                   Management unit stocks in the CPS                                and NMFS’ revised MSA National
                                           Fisheries Off West Coast States;                              FMP are classified under three                                      Standard 1 guidelines at 50 CFR part
                                           Coastal Pelagic Species Fisheries;                            management categories: actively                                     600. Specifically, Amendment 13
                                           Multi-Year Specifications for Monitored                       managed, monitored and prohibited                                   maintained the existing reference points
                                           and Prohibited Harvest Species Stock                          harvest species. Active stocks are                                  and the primary harvest control rules for
                                           Categories                                                    characterized by periodic stock                                     the monitored stocks (jack mackerel,
                                                                                                         assessments, and/or periodic or annual                              northern anchovy and market squid),
                                           AGENCY:  National Marine Fisheries                            adjustments of target harvest levels.                               including the large buffer built into the
                                           Service (NMFS), National Oceanic and                          Management of monitored stocks, by                                  ABC control rule for the finfish stocks,
                                           Atmospheric Administration (NOAA),                            contrast, generally involves tracking                               as well as the overfishing criteria for
                                           Commerce.                                                     landings against the relevant ACL                                   market squid, but modified these
                                           ACTION: Final rule.                                           (previously the ABCs) and qualitative                               reference points and control rules to
                                                                                                         comparison to available abundance                                   align with the revised advisory
                                           SUMMARY:    NMFS is implementing                              data, without regular stock assessments
                                           annual catch limits (ACL) and, where                                                                                              guidelines and to comply with the new
                                                                                                         or annual adjustments to target harvest                             statutory requirement to establish a
                                           necessary, other annual reference points                      levels. Species in both categories may be
                                           (overfishing limits (OFL) and acceptable                                                                                          process for setting ACLs and AMs. This
                                                                                                         subject to management measures such                                 included a default management
                                           biological catches (ABC)) for certain                         as catch allocation, gear regulations,
                                           stocks in the monitored and prohibited                                                                                            framework under which the OFL for
                                                                                                         closed areas, closed seasons, or other                              each monitored stock was set equal to
                                           harvest species categories under the                          forms of ‘‘active’’ management. For
                                           Coastal Pelagic Species (CPS) Fishery                                                                                             the maximum sustainable yield (MSY)
                                                                                                         example, trip limits and a limited entry                            value and ABC was reduced from the
                                           Management Plan (FMP). The ACLs are:                          permit program are already in place for
                                           Jack mackerel, 31,000 metric tons (mt);                                                                                           OFL by 75 percent as an uncertainty
                                                                                                         all CPS finfish. The monitored category                             buffer (based on the existing ABC
                                           northern subpopulation of northern                            includes jack mackerel, two sub-
                                           anchovy, 9,750 mt; central                                                                                                        control rule where ABC equals 25
                                                                                                         populations of the northern anchovy                                 percent of OFL/MSY). This default
                                           subpopulation of northern anchovy,                            stock, and market squid. Krill is the
                                           25,000 mt; and krill, zero. Additionally,                                                                                         framework is used unless there is
                                                                                                         only stock in the prohibited harvest                                determined to be a more appropriate
                                           an OFL of 39,000 mt, an ABC of 9,750                          category. The CPS monitored stocks
                                           mt and an annual catch target (ACT) of                                                                                            OFL; as is the case for the northern
                                                                                                         have not been managed to a hard quota                               subpopulation of northern anchovy, or
                                           1,500 mt are being implemented for the                        like the active category stocks by NMFS
                                           northern subpopulation of northern                                                                                                stock-specific ABC control rule, like the
                                                                                                         (although the state of California
                                           anchovy. This rule is intended to                                                                                                 proxy for the fishing rate that is
                                                                                                         manages market squid with an annual
                                           conserve and manage these stocks off                                                                                              expected to result in MSY (FMSY proxy)
                                                                                                         limit). Instead, landings have been
                                           the U.S. West Coast. If the ACL for any                                                                                           for market squid of Egg Escapement ≥ 30
                                                                                                         monitored against harvest reference
                                           one of these stocks is reached, then                                                                                              percent. ACLs are then set equal to the
                                                                                                         levels to determine if overfishing is
                                           fishing for that stock will be closed until                                                                                       ABC or could be set lower than the
                                                                                                         occurring and to gauge the need for
                                           it reopens at the start of the next fishing                                                                                       ABC, along with ACTs, if deemed
                                                                                                         more active management such as
                                           season.                                                                                                                           necessary. These control rules and
                                                                                                         requiring periodic stock assessments
                                           DATES: The Annual Catch Limits                                and regular adjustments to quotas.                                  harvest policies for monitored CPS
                                           established in this final rule are                            Catches of the three finfish stocks in the                          stocks are simpler and more
                                           effective from January 1, 2017, through                       monitored category—northern anchovy                                 precautionary than those used for
                                           December 31, 2017.                                            (northern and central subpopulations)                               actively managed stocks in recognition
                                           FOR FURTHER INFORMATION CONTACT:                              and jack mackerel—have remained well                                of the low fishing effort and low
                                           Joshua Lindsay, West Coast Region,                            below their respective ABC (now ACL                                 landings for these stocks, as well as the
                                           NMFS, (562) 980–4034.                                         levels for jack mackerel and the central                            lack of current estimates of stock
                                           SUPPLEMENTARY INFORMATION: The CPS                            anchovy subpopulation) since                                        biomass.
                                           fishery in the U.S. exclusive economic                        implementation of the CPS FMP in                                       Through this action, NMFS is
                                           zone (EEZ) off the West Coast is                              2000, with average catches over the last                            implementing the ACLs shown in Table
                                           managed under the CPS FMP, which                              10 years of approximately 7,300 mt (270                             1 for jack mackerel, the two
                                           was developed by the Pacific Fishery                          mt and 660 mt for the central and                                   subpopulations of northern anchovy,
                                           Management Council (Council)                                  northern subpopulations of northern                                 and krill, as well as an OFL, ABC and
                                           pursuant to the Magnuson-Stevens                              anchovy and jack mackerel,                                          ACT for the northern subpopulation of
                                           Fishery Conservation and Management                           respectively).                                                      northern anchovy.
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                                             TABLE 1—ACLS FOR MONITORED CPS FINFISH, INCLUDING OFL, ABC, AND ACT FOR THE NORTHERN SUBPOPULATION
                                                                                   OF NORTHERN ANCHOVY

                                                          Stock                                      OFL                                         ABC                                         ACL                                ACT

                                           Jack mackerel ........................   126,000 mt .............................    31,000 mt ...............................   31,000 mt ...............................   ........................



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                                           74310                Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations

                                             TABLE 1—ACLS FOR MONITORED CPS FINFISH, INCLUDING OFL, ABC, AND ACT FOR THE NORTHERN SUBPOPULATION
                                                                             OF NORTHERN ANCHOVY—Continued

                                                              Stock                                           OFL                                          ABC                                             ACL                                   ACT

                                           Northern anchovy, (northern                       39,000 mt ...............................    9,750 mt .................................   9,750 mt .................................            1,500 mt
                                             subpopulation).
                                           Northern anchovy, (central                        100,000 mt .............................     25,000 mt ...............................    25,000 mt ...............................         ........................
                                             subpopulation).
                                           Market squid ...........................          FMSY proxy resulting in Egg                  FMSY proxy resulting in Egg                  ACL not required (Less than                       ........................
                                                                                               Escapement ≥30%                              Escapement ≥30%                              1-year lifecycle and no
                                                                                                                                                                                         overfishing).
                                           Krill .........................................   Undefined ...............................    Undefined ...............................    0 .............................................   ........................



                                              The OFLs and ABCs listed in Table 1                                  Market squid have a lifecycle of less                                comment letters were of very similar
                                           for jack mackerel, the central                                          than 1 year and have not been                                        form and substance, and were focused
                                           subpopulation of northern anchovy,                                      determined to be subject to overfishing;                             only on northern anchovy fishing in
                                           market squid and krill are included for                                 therefore, an ACL is not required and is                             Monterey Bay, CA, and the proposed
                                           information purposes only. The OFL                                      not being implemented for market                                     ACL for the central subpopulation of
                                           and ABC specifications for those stocks                                 squid.                                                               northern anchovy. Additionally, many
                                           are set in the FMP; NMFS is not                                            NMFS is not establishing or changing                              of the other comment letters provided
                                           establishing or revising them by this                                   the specifications for krill by this                                 multiple comments. One comment letter
                                           action.                                                                 rulemaking. Krill are a prohibited                                   from a non-governmental organization
                                              These catch levels and reference                                     harvest species. The targeting,                                      was also represented to NMFS as having
                                           points were recommended to NMFS by                                      harvesting and transshipment of krill                                been electronically signed by 27,151
                                           the Council and were based on                                           are all explicitly prohibited; therefore,                            individuals. Many of the comments
                                           recommendations from its advisory                                       the ACL for krill is zero. Because the                               provided, such as reconsideration of the
                                           bodies according to the framework in                                    harvest level is zero, setting an OFL or                             existing OFL and ABC values and
                                           the FMP established through                                             ABC for krill would serve no function                                control rules, as well as other aspects of
                                           Amendment 13, including OFL and                                         and is not done in this action.                                      CPS management such as spatial
                                           ABC recommendations from its Science                                       If an ACL is reached, or is expected                              management or stock re-categorization,
                                           and Statistical Committee (SSC). The                                    to be reached for one of these fisheries,                            are beyond the scope of this rulemaking
                                           ACLs for these monitored stocks will be                                 the directed fishery would be closed                                 and will not be addressed here.
                                           in place for the calendar year fishing                                  until the beginning of the next fishing                              However, NMFS found the comments
                                           season (January 1–December 31), and                                     season. The NMFS West Coast Regional                                 valuable and will consider them for
                                           would remain in place for each                                          Administrator would publish a notice in                              future management planning, and will
                                           subsequent calendar year until new                                      the Federal Register announcing the                                  ensure the Council is aware of the
                                           scientific information becomes available                                date of any such closure. Additionally,                              comments. Although changes to the
                                           to warrant changing them, or if landings                                nearing or exceeding one of these ACLs                               OFL or ABC levels or revisiting these
                                           increase and consistently reach the                                     would trigger a review of whether the                                values or the default ABC control rule
                                           ABC/ACL level, necessitating a change                                   fishery should be moved into the                                     for monitored stocks was not being
                                           to active management under the FMP.                                     actively managed category of the FMP.                                proposed in this rulemaking, for
                                           These ACLs provide a means to monitor                                      The proposed rule also referenced                                 information purposes only, NMFS will
                                           these stocks on an annual basis and                                     ACTs in the paragraph above that                                     respond to comments on some aspects
                                           prevent overfishing, as each year the                                   describes closing fisheries upon                                     of the existing OFL and ABC values,
                                           total harvest of each stock will be                                     attainment of ACLs and reviewing                                     which were previously endorsed by the
                                           assessed against their respective ACLs.                                 whether the fishery should be moved to                               Council’s SSC and NMFS as the best
                                           Furthermore, if the harvest level of a                                  the actively managed category. That was                              available science. No changes were
                                           fishery reaches an ACL, the directed                                    an error and NMFS did not intend to                                  made in response to the comments
                                           fishery would be closed through the end                                 propose closing the fishery upon                                     received. NMFS summarizes and
                                           of the year. These ACLs and other                                       attainment of the ACT, or describe the                               responds to the comments below.
                                           reference points remain in place until                                  ACT as trigger point for any post-season
                                           changed according to the FMP                                            AMs, as ACTs are not designed to                                     Comments and Responses
                                           framework. While this rule announces                                    trigger automatic closures or                                           Comment 1: The proposed ACL for
                                           the ACLs for calendar year 2017 only, in                                management category review; therefore,                               the central subpopulation of northern
                                           a future rulemaking NMFS intends to                                     reference to ACTs has been removed                                   anchovy is too high and a more
                                           propose regulatory text codifying the                                   from that paragraph. The purpose of the                              precautionary/lower quota should be set
                                           ACLs in 50 CFR part 660 subpart I.                                      ACT for the northern subpopulation of                                and additional precautionary measures
                                              Market squid, because of their short                                 northern anchovy is only to assist with                              be adopted, such as area closures.
                                           life-cycle, fall under the statutory                                    in-season tracking of fishery landings to                            Various rationale were stated for this
                                           exception from the requirement to set                                   help ensure the ACL is not exceeded.                                 comment including concern that: the
                                           ACLs and AMs. Section 303(a)(15) of                                        Further background on this action can                             northern anchovy stock may be at a low
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                                           the MSA states that the requirement for                                 be found in the proposed rule that                                   abundance level, based partially on a
                                           ACLs ‘‘shall not apply to a fishery for                                 solicited public comments for this                                   recent scientific journal article (MacCall
                                           species that has a life cycle of                                        action (80 FR 72676, November 20,                                    et al. 2016) describing a collapse of
                                           approximately 1 year unless the                                         2015) and is not repeated here.                                      anchovy off California; that fishing may
                                           Secretary has determined the fishery is                                    NMFS received 50 comment letters on                               be resulting in potential impacts to
                                           subject to overfishing of that species’’.                               the proposed rule. Twenty-six of these                               northern anchovy predators in certain


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                                                            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations                                      74311

                                           locations; and that the ACL is based on                  fishing mortality rate or yield that can              and, based on the recommendations
                                           an outdated biomass estimate and                         be taken from a stock over the long term.             from this workshop, is scheduled to
                                           should be revised based on more current                     NMFS is aware of the scientific                    provide an assessment of the available
                                           information.                                             journal article referenced in the                     information on the stock in the fall of
                                              Response: Northern anchovy, like                      comments (MacCall et al. 2016) and the                2016. Although the current management
                                           other small pelagic species, can undergo                 methods used by authors of this article               framework for anchovy is not set up to
                                           wide natural fluctuations in total                       were partially reviewed at the workshop               explicitly utilize the abundance
                                           abundance, even in the absence of                        described below. NMFS agrees there is                 information that may be produced, it
                                           fishing. This is caused by the fact that                 evidence that CSNA did likely go                      will hopefully allow NMFS to have a
                                           northern anchovy recruitment (the                        through a decline in the recent past and              better understanding of the current state
                                           number of young fish that enter a                        abundance may still be at some                        of this stock.
                                           population in a given year) is highly                    relatively low state. Additionally, NMFS                 With regards to the ACL being
                                           variable and likely correlated with                      agrees with the finding in the paper that             implemented for CSNA and the
                                           prevailing oceanographic conditions.                     any decline is a result of ‘‘natural                  potential indirect impact to CSNA
                                           The ACL for the central subpopulation                    phenomena’’ and not fishing. NMFS                     predators through the removal of a prey
                                           of northern anchovy (CSNA) is currently                  notes, however, that the time period for              source, because the ACL is set equal to
                                           set equal to its ABC value of 25,000 mt,                 which the article discusses a potential               the ABC, and the ABC has already been
                                           which is 75,000 mt lower than its OFL.                   decline is from 2008 and 2011, and does               substantially reduced to protect CSNA
                                           This substantial reduction in allowable                  not provide analysis for years past 2011.             from overfishing, harvesting up to the
                                           catch from the OFL (the estimate of the                  The estimates of biomass in the article               ACL level should equate to very little
                                           level of catch above which overfishing                   also increased by an order of magnitude               risk to the CSNA as a result of fishing.
                                           is occurring), is primarily in recognition               between 2003 and 2005, highlighting                   Therefore, it is unlikely that removing
                                           of the high uncertainty in the OFL value                 the variability mentioned above that this             up to the ACL will reduce the total
                                           and the knowledge that the yearly                        stock can exhibit. Preliminary data                   abundance of CSNA in a manner that
                                           abundance of this stock can fluctuate as                 examined by NMFS from 2015 shows                      would indirectly impact predator
                                           described above. These catch levels are                  that anchovy recruitment along portions               populations. Additionally, given that
                                           derived from the default OFL                             of the U.S. West Coast appears to be                  harvest rates of CSNA have generally
                                           specification and ABC control rule                       stronger than previous recruitment                    been well below this ACL, with little
                                                                                                    levels over the past 10 years. The extent             expectation they will increase
                                           framework for monitored stocks, which
                                                                                                    of this potential decline and whether or              significantly in the short term, and the
                                           were used for CSNA, under which its
                                                                                                    not the stock is still at low levels is               fact that CSNA is only one component
                                           OFL was set equal to its MSY value and
                                                                                                    currently unclear. Much of the available              of much larger forage base that most
                                           its ABC level was reduced from this
                                                                                                    compiled data on the central                          predators in the California Current
                                           OFL by 75 percent to account for
                                                                                                    subpopulation of northern anchovy is                  Ecosystem (CCE) along the U.S. west
                                           scientific uncertainty in the OFL and to
                                                                                                    either outdated or from surveys that are              coast depend on, harvest at the level of
                                           prevent overfishing, among other
                                                                                                    best at providing regional indices of                 the ACL would likely not have a
                                           considerations. This ABC value is also
                                                                                                    relative availability and variability of              discernable impact as a removal of a
                                           the upper bound for which the ACL can
                                                                                                    the stock, but are not estimates of                   prey source. Furthermore, there is no
                                           be set. As previously stated, the existing               overall biomass, which are typically                  direct evidence that the current fishing
                                           OFL and ABC values are not subject to                    best derived from stock assessments.                  levels are having direct competition
                                           this rulemaking. This management                         Thus, while the increased recruitment                 effects on species that feed on CSNA.
                                           framework, including the non-                            signals seen in 2015 are positive, it                 The likely reason for this is that most
                                           discretionary reduction in allowable                     would be premature to assess their                    studies have shown that predators of
                                           catch built into the harvest policy for                  overall contribution to the stock without             CPS in the CCE have more opportunistic
                                           CPS stocks in the monitored category,                    conducting a formal assessment of the                 diets rather than depending on one
                                           was previously recommended by the                        data. It is important to note that NMFS’              specific prey item. For example, many
                                           Council’s SSC, adopted by the Council                    decision to approve the ACL for the                   documented predators of sardines
                                           and approved by NMFS as best available                   CSNA is not based on this recent survey               showed no signs of population stress or
                                           science and determined to appropriately                  data. Similarly, it would not be                      decline during periods of very low
                                           account for uncertainty and protect the                  appropriate to reduce the ACL further                 sardine abundance in the CCE from the
                                           stock from overfishing. Therefore, until                 below the ABC based on potentially                    1950s through the 1980s when their
                                           new scientific information becomes                       outdated information or information                   diets reflected an absence of this prey
                                           available and approved for revising the                  that has not been formally reviewed.                  resource.
                                           ABC, it is not necessary to further                         Relating to the comment that the stock                With regards to the comment that
                                           reduce the ACL from the ABC for                          has not been assessed recently, and that              spatial fishing area closures may be
                                           precautionary reasons regarding                          NMFS should set the ACL based on                      necessary due to the potential for
                                           scientific uncertainty in the level of                   updated information, NMFS points out                  localized effects of prey limitations
                                           catch intended to prevent overfishing.                   that the Council, in coordination with                through localized depletion of CSNA by
                                              Although it is true that the last formal              NMFS Southwest Fisheries Science                      fishing, spatial closures such as those
                                           stock assessment for CSNA was                            Center, recently held a workshop to                   requested by some commenters are
                                           completed in 1995, contrary to the                       examine available approaches to                       outside the scope of this action. The
                                           perceptions expressed in some of the                     assessing short-lived, data poor species              only part of this action that relates to
                                           comments received, the ACL for CSNA                      as well the current available data and                CSNA is the ACL for the stock.
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                                           is not based on this assessment or any                   how it may be used. A report from this                However, NMFS appreciates some of the
                                           single estimate of biomass. As described                 workshop is now available and was                     commenter’s concerns regarding spatial
                                           above, the ACL has been reduced down                     reviewed by the Council at its                        effects. Although additional analysis is
                                           from the OFL, which has been set equal                   September 2016 meeting. Additionally,                 needed, recent research suggests that
                                           to its estimate of MSY—an estimate that                  NMFS is currently analyzing some of                   CSNA distribution, as well as other
                                           is intended to reflect the largest average               the data described above about CSNA                   species, including other forage species,


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                                           74312            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations

                                           may have shifted both spatially and                         Comment 3: One commenter stated                    accounted for in estimating the OFL.
                                           temporally in recent years due to severe                 that the default framework for setting an             The OFL of 39,000 mt was reduced by
                                           environmental changes in the ocean,                      OFL for the northern subpopulation of                 75 percent to 9,750 mt (i.e., the ABC)
                                           such as the ‘‘Warm Blob’’ and early El                   northern anchovy was not used, and                    explicitly to account for uncertainty in
                                           Niño effects. Although most predators of                although not clear from the comment,                  the OFL.
                                           small pelagic species off the west coast                 that presumably had the default                          Comment 4: The comment stated that
                                           are not dependent on the availability of                 framework been used, a different value                the control rules and management
                                           a single species (as described above) but                would have been calculated.                           reference points for jack mackerel are
                                           rather on a suite of species whose total                 Additionally, the comment stated that                 ‘‘fraught with doubt’’ because the most
                                           and regional abundances may also shift                   NMFS did not explain how scientific                   recent stock assessment is outdated and
                                           each year, these recent shifts in                        uncertainty was accounted for in the                  that NMFS has not explained how
                                           distribution over time and space may be                  established OFL.                                      scientific uncertainty is accounted for in
                                           limiting prey availability to some                          Response: As it relates to the specific            the jack mackerel ACL. The commenter
                                           predators during certain times of the                    information used to determine the OFL                 also recommends NMFS set the ACL for
                                           year. NMFS has been working to better                    for the northern subpopulation of                     jack mackerel at 1,000 tons based on
                                           understand diet linkages between forage                  northern anchovy, NMFS has                            recent catch as it would better reflect
                                           fish species and higher order predators                  determined the best available scientific              the scientific guidance and best
                                           to enhance the ecosystem science used                    information was used. This value was                  available science.
                                           in our fisheries management.                             determined by the Council’s SSC and                      Response: Although the existing
                                              Comment 2: Anchovy fishing within                     was determined to represent the best                  control rules are not subject to this
                                           the waters of Monterey Bay, CA, is                       available science and therefore                       rulemaking, NMFS points out that as is
                                           negatively impacting humpback whales                     recommended to NMFS by the Council.                   the case for the central subpopulation of
                                                                                                    With regards to not using the default                 northern anchovy (and explained in
                                           and fishing should be restricted or
                                                                                                    framework, as described in the preamble               response to comment one), the existing
                                           prohibited in that area.
                                                                                                    of the proposed rule, the default                     OFL and ABC control rules for jack
                                              Response: NMFS appreciates the                                                                              mackerel and the resulting values are
                                                                                                    framework established through
                                           many comments received by both the                                                                             not based on a single stock assessment.
                                                                                                    Amendment 13 set the OFLs for the
                                           general public and business owners                                                                             NMFS recognizes that formal stock
                                                                                                    central subpopulation of northern
                                           concerned about Humpback whales, as                      anchovy and jack mackerel equal to the                assessments have not been conducted in
                                           they are an important trust resource of                  existing MSY values in the FMP that                   many years for either northern anchovy
                                           NMFS. NMFS found many of the                             were established through Amendment 8                  or jack mackerel. However, management
                                           comments and the firsthand information                   to the FMP. An MSY value was                          of these stocks is not based on single
                                           provided in them valuable and will                       undetermined for the northern                         point estimates of biomass; therefore,
                                           consider it in future management                         subpopulation of northern anchovy at                  the fact that the most recent assessments
                                           actions; however, changes to CPS                         that time; therefore, the default                     are outdated is not relevant to the
                                           management such as area closures are                     framework could not be used for the                   current quotas which are based on MSY
                                           outside the scope of this action.                        northern subpopulation of northern                    principles. The OFL is based on the
                                           However, NMFS will respond in part to                    anchovy. In 2015, Amendment 14 to the                 principle of MSY, which is a long-term
                                           these comments. Humpback whales are                      CPS FMP established an FMSY of 0.3 as                 average and intended to reflect a fishing
                                           globally distributed and are highly                      the MSY reference point for the                       mortality rate that does not jeopardize
                                           migratory; spending spring, summer,                      northern subpopulation of northern                    the capacity of a stock or stock complex
                                           and fall feeding in temperate or high-                   anchovy. However, because the default                 to produce MSY. This OFL is then
                                           latitude areas of the North Atlantic,                    framework in the FMP for setting OFLs                 reduced by 75 percent by the ABC
                                           North Pacific and Southern Ocean and                     and ABCs is based on applying a                       control rule to account for scientific
                                           migrating to the tropics in winter to                    percentage to numerical MSY/OFLs, it                  uncertainty in the OFL, which was
                                           breed and calve. Humpback whales are                     was necessary to determine a numerical                explained in the preamble to the
                                           believed to be largely opportunistic                     OFL value through the specifications                  proposed rule, as well as in this final
                                           foragers (Fleming et al., 2015), who                     process.                                              rule and was also explained in the
                                           target a wide variety of prey species                       In formulating its recommendation on               environmental assessment and other
                                           (Whitteveen, 2006). They are known to                    an appropriate OFL estimate, the SSC                  documents that accompanied
                                           feed on several types of small schooling                 reviewed all of the available information             Amendment 13 to the CPS FMP, which
                                           fish and krill, and their prey                           on the stock, which although limited,                 established the ABC control rule.
                                           consumption is likely an indicator of                    included information such as egg and                  Similar to the other monitored finfish
                                           dominant prey types in the ecosystem.                    larvae survey data, density and                       stocks, because jack mackerel is lightly
                                           Recent NMFS status reports show                          distribution data, stock productivity and             fished, with inconsistent effort over
                                           humpbacks are increasing in abundance                    vulnerability information and landings                time, the existing time series of catch is
                                           throughout much of their range with                      data, which was prepared and presented                likely an unreliable indicator of stock
                                           some populations no longer warranting                    to them by the Council’s CPSMT                        status, making it an unreliable source of
                                           listing under the Endangered Species                     (Agenda Item I.2.c, CPSMT Report 1,                   information for estimating abundance or
                                           Act. Humpbacks off the central                           November 2010 and references                          setting catch levels.
                                           California coast are highly migratory,                   contained within). Furthermore, the                      Comment 5: The California
                                           breeding in Costa Rica and Mexico and                    SSC also noted that because the                       Department of Fish and Wildlife
                                           traveling to central California to forage.               northern subpopulation of anchovy has                 (CDFW) expressed support for the
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                                           Coupling their diverse diet and                          been lightly fished, with inconsistent                proposed action, but voiced concern
                                           migratory patterns, it is unlikely that the              effort, that the time series of catch was             over the potential increase in staff
                                           removal of a portion of one prey source                  an unreliable indicator of annual stock               workload and monitoring costs that the
                                           in one localized geographic area would                   status for setting the OFL. In the                    proposed action may cause.
                                           have a substantial negative impact on                    preamble to the proposed rule, NMFS                   Additionally, CDFW asked for
                                           their population.                                        also explained how uncertainty is                     clarification on whether establishing


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                                                            Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Rules and Regulations                                      74313

                                           ACLs for the two subpopulations of                       No comments were received regarding                   DEPARTMENT OF COMMERCE
                                           northern anchovy might require                           this certification. As a result, a
                                           improved monitoring of the two stocks                    regulatory flexibility analysis was not               National Oceanic and Atmospheric
                                           in the ocean area where the populations                  required and none was prepared.                       Administration
                                           can overlap.
                                              Response: CDFW is an important co-                       On December 29, 2015, the National
                                                                                                                                                          50 CFR Part 679
                                           manager in the management of CPS and                     Marine Fisheries Service (NMFS) issued
                                                                                                    a final rule establishing a small business            [Docket No. 150818742–6210–02]
                                           NMFS appreciates its input. Based on
                                           current fishery operations and landings,                 size standard of $11 million in annual                RIN 0648–XE990
                                           NMFS does not expect that changes in                     gross receipts for all businesses
                                           monitoring practices will be necessary                   primarily engaged in the commercial                   Fisheries of the Economic Exclusive
                                           as a result of this action because the                   fishing industry (NAICS 11411) for                    Zone Off Alaska; Groundfish Fishery
                                           ACLs being implemented are the same                      Regulatory Flexibility Act (RFA)                      by Vessels Using Trawl Gear in the
                                           as the ABC levels that have been in                      compliance purposes only (80 FR                       Gulf of Alaska
                                           place in the FMP since 1999. However,                    81194, December 29, 2015). The $11                    AGENCY:  National Marine Fisheries
                                           NMFS recognizes that these fisheries are                 million standard became effective on                  Service (NMFS), National Oceanic and
                                           dynamic and aspects of the fishery, such                 July 1, 2016, and is to be used in place              Atmospheric Administration (NOAA),
                                           as ports of landing, could change,                       of the U.S. Small Business                            Commerce.
                                           requiring additional work from CDFW.                     Administration’s (SBA) current                        ACTION: Temporary rule; closure.
                                           If this were to occur, NMFS would work                   standards of $20.5 million, $5.5 million,
                                           closely with CDFW to help ensure the                     and $7.5 million for the finfish (NAICS               SUMMARY:   NMFS is prohibiting directed
                                           burden was minimized and work to find                    114111), shellfish (NAICS 114112), and                fishing for groundfish by vessels using
                                           efficiencies in current monitoring                       other marine fishing (NAICS 114119)                   trawl gear in the Gulf of Alaska (GOA),
                                           procedures to lessen any additional                      sectors of the U.S. commercial fishing                except for directed fishing for pollock
                                           costs. With regards to how catch is                                                                            by vessels using pelagic trawl gear in
                                                                                                    industry in all NMFS rules subject to
                                           currently tracked and reported for the                                                                         those portions of the GOA open to
                                           two subpopulations of northern                           the RFA after July 1, 2016. Id. at 81194.
                                                                                                                                                          directed fishing for pollock. This
                                           anchovy, similarly this action does not                     Pursuant to the Regulatory Flexibility             closure also does not apply to fishing by
                                           require a change in current practices for                Act, and prior to July 1, 2016, a                     vessels participating in the cooperative
                                           differentiating landings between these                   certification was developed for this                  fishery in the Rockfish Program for the
                                           two subpopulations at this time.                         regulatory action using SBA’s size                    Central GOA. This action is necessary to
                                           However, as the comment points out,                      standards. NMFS has reviewed the                      prevent exceeding the 2016 Pacific
                                           we are seeing oceanographic changes                      analyses prepared for this regulatory                 halibut prohibited species catch limit
                                           that could re-distribute the current core                action in light of the new size standard.             specified for vessels using trawl gear in
                                           harvesting and landings areas (Los                       All of the entities directly regulated by             the GOA.
                                           Angeles, CA, Monterey CA, and off near                   this regulatory action are marine                     DATES: Effective 1200 hrs, Alaska local
                                           the mouth of the Columbia River in                       commercial fishing businesses and were                time (A.l.t.), October 22, 2016, through
                                           Oregon and Washington). If this were to                  considered small under the SBA’s size                 2400 hrs, A.l.t., December 31, 2016.
                                           occur, along with an increase in                         standards, and thus they all would                    FOR FURTHER INFORMATION CONTACT:
                                           landings of both these subpopulations,
                                                                                                    continue to be considered small under                 Obren Davis, 907–586–7228.
                                           status quo procedures would likely need
                                                                                                    the new standard. Thus, NMFS has                      SUPPLEMENTARY INFORMATION: NMFS
                                           to change in a manner described in the
                                           comment. If this need arises, NMFS will                  determined that the new size standard                 manages the groundfish fishery in the
                                           work closely with the CDFW to ensure                     does not affect analyses prepared for                 GOA exclusive economic zone
                                           this is done in an efficient manner.                     this regulatory action.                               according to the Fishery Management
                                                                                                       This action does not contain a                     Plan for Groundfish of the Gulf of
                                           Classification                                                                                                 Alaska (FMP) prepared by the North
                                                                                                    collection of information requirement
                                              Pursuant to section 304(b)(1)(A) of the               for purposes of the Paperwork                         Pacific Fishery Management Council
                                           Magnuson-Stevens Fishery                                 Reduction Act.                                        under authority of the Magnuson-
                                           Conservation and Management Act, the                                                                           Stevens Fishery Conservation and
                                           NMFS Assistant Administrator has                           Authority: 16 U.S.C. 1801 et seq.                   Management Act. Regulations governing
                                           determined that this final rule is                         Dated: October 11, 2016.                            fishing by U.S. vessels in accordance
                                           consistent with the CPS FMP, other                       Samuel D. Rauch III,                                  with the FMP appear at subpart H of 50
                                           provisions of the Magnuson-Stevens                       Deputy Assistant Administrator for
                                                                                                                                                          CFR part 600 and 50 CFR part 679.
                                           Fishery Conservation and Management                      Regulatory Programs, National Marine
                                                                                                                                                             The 2016 Pacific halibut prohibited
                                           Act, and other applicable law.                           Fisheries Service.                                    species catch (PSC) limit for vessels
                                              These final specifications are exempt                                                                       using trawl gear was established as
                                                                                                    [FR Doc. 2016–24989 Filed 10–25–16; 8:45 am]
                                           from review under Executive Order                                                                              1,515 metric tons by the final 2016 and
                                                                                                    BILLING CODE 3510–22–P
                                           12866.                                                                                                         2017 harvest specifications for
                                              The Chief Counsel for Regulation of                                                                         groundfish of the GOA (81 FR 14740,
                                           the Department of Commerce certified                                                                           March 18, 2016).
                                           to the Chief Counsel for Advocacy of the                                                                          In accordance with § 679.21(d)(6)(i),
                                           Small Business Administration during                                                                           the Regional Administrator has
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                                           the proposed rule stage that this action                                                                       determined that the 2016 Pacific halibut
                                           would not have a significant economic                                                                          PSC limit allocated to vessels using
                                           impact on a substantial number of small                                                                        trawl gear in the GOA has been reached.
                                           entities. The factual basis for the                                                                            Therefore, NMFS is prohibiting directed
                                           certification was published in the                                                                             fishing for groundfish by vessels using
                                           proposed rule and is not repeated here.                                                                        trawl gear in the GOA, except for


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Document Created: 2016-10-26 02:17:14
Document Modified: 2016-10-26 02:17:14
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.
DatesThe Annual Catch Limits established in this final rule are effective from January 1, 2017, through December 31, 2017.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034.
FR Citation81 FR 74309 
RIN Number0648-XC80

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