82 FR 29776 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 125 (June 30, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29776-29778 | |
| FR Document | 2017-13685 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Rules and Regulations] [Pages 29776-29778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13685] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170320292-7580-02] RIN 0648-XF311 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this rule to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e., annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2017, through June 30, 2018. These specifications were determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This action includes a prohibition on directed non-tribal Pacific sardine commercial fishing off the coasts of Washington, Oregon, and California, which is required because the estimated 2017 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under this action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery, or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40- percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The ACL for the 2017- 2018 Pacific sardine fishing year is 8,000 mt. This action is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Effective July 1, 2017 through June 30, 2018. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected]. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) in accordance with the CPS FMP. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e., overfishing limit (OFL)/ACL/HG) for each Pacific sardine fishing year. The purpose of this final rule is to implement these annual catch reference points for the 2017-2018 fishing year. This final rule adopts, without changes, the catch levels and restrictions that NMFS proposed in the rule published on May 30, 2017 (82 FR 24656), including the OFL and an acceptable biological catch (ABC) that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine in the U.S. EEZ off the Pacific coast. The FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific sardine fishery based on the annual specification framework and control [[Page 29777]] rules in the FMP. These control rules include the HG control rule, which, in conjunction with the OFL and ABC rules in the FMP, are used to manage harvest levels for Pacific sardine, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. According to the FMP, the quota for the principal commercial fishery is determined using the FMP-specified HG formula. The HG formula in the CPS FMP is HG = [(Biomass - CUTOFF) * FRACTION * DISTRIBUTION] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific sardine age one and above. For the 2017-2018 management season, this is 86,586 mt. 2. CUTOFF. This is the biomass level below which no HG is set. The FMP established this level at 150,000 mt. 3. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated in the EEZ off the Pacific coast is 87 percent. 4. FRACTION. The temperature-varying harvest fraction is the percentage of the biomass above 150,000 mt that may be harvested. As described above, the Pacific sardine HG control rule, the primary mechanism for setting the annual directed commercial fishery quota, includes a CUTOFF parameter, which has been set as a biomass level of 150,000 mt. This amount is subtracted from the annual biomass estimate before calculating the applicable HG for the fishing year. Since this year's biomass estimate is below that value, the formula results in an HG of zero, and no Pacific sardine are available for the primary commercial directed fishery during the 2017-2018 fishing season. At the April 2017 Pacific Fishery Management Council (Council) meeting, the Council's Science and Statistical Committee (SSC) approved, and the Council adopted, the ``Assessment of the Pacific Sardine Resource in 2017 for U.S. Management in 2017-2018,'' which was prepared by NMFS Southwest Fisheries Science Center. The resulting Pacific sardine biomass estimate of 86,586 mt is the best available science for setting harvest specifications. Based on recommendations from its SSC and other advisory bodies, the Council recommended, and NMFS is implementing, an OFL of 16,957 mt, an ABC of 15,497 mt, and a prohibition on Pacific sardine catch, unless it is harvested as part of either the live bait or tribal fishery or incidental to other fisheries for the 2017-2018 Pacific sardine fishing year. As additional management measures, the Council also recommended, and NMFS is implementing through this action, an ACL of 8,000 mt and that the incidental catch of Pacific sardine in other CPS fisheries be managed with the following automatic inseason actions to reduce the potential for both targeting and discard of Pacific sardine:An incidental per landing by weight allowance of 40 percent Pacific sardine in non-treaty CPS fisheries until a total of 2,000 mt of Pacific sardine are landed. When 2,000 mt are landed, the incidental per landing allowance will be reduced to 20 percent until a total of 5,000 mt of Pacific sardine have been landed. When 5,000 mt have been landed, the incidental per landing allowance will be reduced to 10 percent for the remainder of the 2017- 2018 fishing year. Pacific sardine is known to comingle with other CPS stocks; thus, these incidental allowances are established to allow for the continued prosecution of these other important CPS fisheries and reduce the potential discard of sardine. Additionally, an incidental per landing allowance is allowed in non-CPS fisheries: Up to 2 mt may be landed per trip. The NMFS West Coast Regional Administrator will publish a notice in the Federal Register announcing the date of attainment of any of the incidental catch levels described above and subsequent changes to allowable incidental catch percentages. Additionally, to ensure that the regulated community is informed of any closure, NMFS will also make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. As explained in the proposed rule, the Quinault Indian Nation requested a set-aside for tribal harvest of 800 mt (the same amount that was requested and approved for 2016-2017). NMFS considered this request and, per this action, 800 mt of the 2017-2018 ACL are being set aside for tribal harvest. Detailed information on the fishery and the stock assessment are found in the report ``Assessment of the Pacific Sardine Resource in 2017 for U.S. Management in 2017-2018'' (see FOR FURTHER INFORMATION CONTACT). Comment and Response On May 30, 2017, NMFS published a proposed rule for this action and solicited public comments (82 FR 24656), with a public comment period that ended on June 14, 2017. NMFS received one comment letter-- explained below--during the comment period. After consideration of the public comment, no changes were made from the proposed rule. For further background information on this action please refer to the preamble of the proposed rule. NMFS summarizes and responds below to the comment letter below. Comment: The commenter expressed support for the prohibition on directed commercial sardine fishing, but opposition to the proposed ACL level, and requested that NMFS instead set an ACL of no more than 2,000 mt to be divided among the live bait and tribal sectors, and to accommodate limited bycatch. The commenter expressed an opinion that the proposed ACL of 8,000 mt is contrary to the purpose of the CUTOFF and that only minimal incidental catch (i.e., 2,000 mt) should be allowed to prevent further depletion and support sardine recovery. In addition to commenting on the proposed rule, the bulk of the comment described various scientific papers and requested reconsideration of various aspects of sardine management including the Minimum Stock Size Threshold value as well as aspects of the harvest guideline control rule, including but not limited to the existing CUTOFF parameter and the DISTRIBUTION parameter. (These parameters, as well as other changes to the sardine harvest control rule and management are set in the CPS Plan and are beyond the scope of this rulemaking; therefore, they will not be addressed below.) Response: NMFS disagrees that the ACL implemented in this rule is not in line with the FMP or that it fails to prevent overfishing or ``is excessive and risks further depletion and delayed recovery''. The ACL should be viewed in the context of the OFL for the northern subpopulation of Pacific Sardine of 16,957 mt and an ABC of 15,497 mt that takes into account scientific uncertainty surrounding the OFL. These harvest reference limits were recommended by the Council based on the control rules in the FMP and were endorsed by the Council's SSC. The commenter does not question that the OFL and ABC levels reflect the best available science. By definition, harvest up to the level of OFL or ABC would not constitute overfishing, and would not drive the stock towards an overfished state. This rule takes a conservative approach by limiting harvest levels by all sources to an ACL of 8,000 mt, which is well below both the OFL and ABC. All incidental catch, live bait harvest and tribal harvest of sardine will be managed to stay at or below the ACL, employing multiple [[Page 29778]] safeguards to ensure the ACL will not be exceeded. In short, the management measures implemented by this rule are more than adequate to prevent exceeding the OFL. Additionally, even in the absence of any fishing mortality, unfavorable environmental conditions could keep the sardine population at a low level. Small pelagic species, such as sardine, undergo wide natural fluctuations in abundance, even in the absence of fishing, from environmental conditions external to fishing; therefore, it is highly unlikely that reducing the ACL from 8,000 mt to 2,000 mt would measurably affect long-term fluctuations in Pacific sardine abundance. Based on the recent stock assessments and NMFS research, low recent recruitments (i.e., the number of young fish maturing into the spawning population) is the primary cause of the current downward trend in overall population size. Recruitment is believed to be strongly related to environmental conditions, particularly, large-scale oceanographic phenomena. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, the NMFS West Coast Regional Administrator, with the concurrence of the 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 laws. NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the establishment of these final harvest specifications for the 2017-2018 Pacific sardine fishing season. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2017, the contents of which were based on the best available new scientific information on the population status of Pacific sardine that became available at that time. Making these final specifications effective on July 1, 2017, is necessary for the conservation and management of the Pacific sardine resource. The FMP requires a prohibition on directed fishing for Pacific sardine for the 2017-2018 fishing year because the sardine biomass is below the CUTOFF. The purpose of the CUTOFF in the FMP--and prohibiting directed fishing when the biomass drops below this level--is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and available for use in rebuilding the stock. A delay in the effectiveness of this rule for a full 30 days would not allow the implementation of this prohibition prior to the expiration of the closure of the directed fishery on July 1, 2017, which was imposed under the 2016-2017 annual specifications. Delaying the effective date of this rule beyond July 1 would be contrary to the public interest because reducing Pacific sardine biomass beyond the limits set out in this action could decrease the sustainability of the Pacific sardine, as well as cause future harvest limits to be even lower under the harvest control rule, thereby reducing future profits of the fishery. These final specifications are exempt from review under Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paper Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: June 26, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-13685 Filed 6-29-17; 8:45 am] BILLING CODE 3510-22-P
![29776 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
Point North lat. West long. (C) A gillnet, stab net, or trammel net SUMMARY: NMFS issues this rule to
must be left on the drum. Any implement annual management
A ........................... 33°53.040′ 76°28.617′ additional such nets not attached to the measures and harvest specifications to
B ........................... 33°52.019′ 76°27.798′ drum must be stowed below deck. establish the allowable catch levels (i.e.,
C ........................... 33°49.946′ 76°30.627′ (D) Terminal gear (i.e., hook, leader, annual catch limit (ACL)/harvest
D ........................... 33°51.041′ 76°31.424′
sinker, flasher, or bait) used with an guideline (HG)) for the northern
A ........................... 33°53.040′ 76°28.617′
automatic reel, bandit gear, buoy gear, subpopulation of Pacific sardine
(iii) Devil’s Hole/Georgetown Hole handline, or rod and reel must be (hereafter, Pacific sardine), in the U.S.
Spawning SMZ is bounded by rhumb disconnected and stowed separately exclusive economic zone (EEZ) off the
lines connecting, in order, the following from such fishing gear. Sinkers must be Pacific coast for the fishing season of
points: disconnected from the down rigger and July 1, 2017, through June 30, 2018.
stowed separately. These specifications were determined
Point North lat. West long. (E) A crustacean trap, golden crab according to the Coastal Pelagic Species
trap, or sea bass pot cannot be baited. (CPS) Fishery Management Plan (FMP).
A ........................... 32°34.311′ 78°34.996′ All buoys must be disconnected from This action includes a prohibition on
B ........................... 32°34.311′ 78°33.220′ the gear; however, buoys may remain on directed non-tribal Pacific sardine
C ........................... 32°32.748′ 78°33.220′ deck. commercial fishing off the coasts of
D ........................... 32°32.748′ 78°34.996′
* * * * * Washington, Oregon, and California,
A ........................... 32°34.311′ 78°34.996′
which is required because the estimated
■ 3. In § 622.194, revise paragraph (a) to
(iv) Area 51 Spawning SMZ is 2017 biomass of Pacific sardine has
read as follows:
bounded by rhumb lines connecting, in dropped below the biomass threshold
order, the following points: § 622.194 Adjustment of management specified in the HG control rule. Under
measures. this action, Pacific sardine may still be
Point North lat. West long. * * * * * harvested as part of either the live bait
(a) Biomass levels, age-structured or tribal fishery, or as incidental catch
A ........................... 32°35.25′ 79°28.6′ analyses, target dates for rebuilding in other fisheries; the incidental harvest
B ........................... 32°35.25′ 79°27′ of Pacific sardine would initially be
overfished species, MSY (or proxy), OY,
C ........................... 32°33.75′ 79°27′ limited to 40-percent by weight of all
D ........................... 32°33.75′ 79°28.6′ ABC, TAC, quotas (including a quota of
A ........................... 32°35.25′ 79°28.6′ zero), annual catch limits (ACLs), fish per trip when caught with other
annual catch targets (ACTs), AMs, CPS or up to 2 metric tons (mt) when
(v) Area 53 Spawning SMZ is maximum fishing mortality threshold caught with non-CPS. The ACL for the
bounded by rhumb lines connecting, in (MFMT), minimum stock size threshold 2017–2018 Pacific sardine fishing year
order, the following points: (MSST), trip limits, bag limits, size is 8,000 mt. This action is intended to
limits, gear restrictions (ranging from conserve and manage the Pacific sardine
Point North lat. West long. regulation to complete prohibition), stock off the U.S. West Coast.
seasonal or area closures, fishing year, DATES: Effective July 1, 2017 through
A ........................... 32°22.65′ 79°22.25′ rebuilding plans, definitions of essential June 30, 2018.
B ........................... 32°22.65′ 79°20.5′
C ........................... 32°21.15′ 79°20.5′
fish habitat, essential fish habitat, FOR FURTHER INFORMATION CONTACT:
D ........................... 32°21.15′ 79°22.25′ essential fish habitat HAPCs or Coral Joshua Lindsay, West Coast Region,
A ........................... 32°22.65′ 79°22.25′ HAPCs, restrictions on gear and fishing NMFS, (562) 980–4034, joshua.lindsay@
activities applicable in essential fish noaa.gov.
(vi) Warsaw Hole/50 Fathom Hole habitat and essential fish habitat SUPPLEMENTARY INFORMATION: NMFS
Spawning SMZ is bounded by rhumb HAPCs, and establish or modify manages the Pacific sardine fishery in
lines connecting, in order, the following spawning SMZs. the U.S. EEZ off the Pacific coast
points: * * * * * (California, Oregon, and Washington) in
[FR Doc. 2017–13751 Filed 6–29–17; 8:45 am] accordance with the CPS FMP. Annual
Point North lat. West long. BILLING CODE 3510–22–P specifications published in the Federal
Register establish the allowable harvest
A ........................... 24°22.277′ 82°20.417′
B ........................... 24°22.277′ 82°18.215′ levels (i.e., overfishing limit (OFL)/ACL/
C ........................... 24°20.932′ 82°18.215′ DEPARTMENT OF COMMERCE HG) for each Pacific sardine fishing
D ........................... 24°20.932′ 82°20.417′ year. The purpose of this final rule is to
A ........................... 24°22.277′ 82°20.417′ National Oceanic and Atmospheric implement these annual catch reference
Administration points for the 2017–2018 fishing year.
(vii) For the purpose of paragraph This final rule adopts, without changes,
(a)(2)(i) of this section, transit means 50 CFR Part 660 the catch levels and restrictions that
direct, non-stop progression through the [Docket No. 170320292–7580–02] NMFS proposed in the rule published
spawning SMZ. Fishing gear on May 30, 2017 (82 FR 24656),
appropriately stowed means— RIN 0648–XF311 including the OFL and an acceptable
(A) A longline may be left on the biological catch (ABC) that takes into
drum if all gangions and hooks are Fisheries Off West Coast States; consideration uncertainty surrounding
disconnected and stowed below deck. Coastal Pelagic Species Fisheries; the current estimate of biomass for
Annual Specifications
mstockstill on DSK30JT082PROD with RULES
Hooks cannot be baited. All buoys must Pacific sardine in the U.S. EEZ off the
be disconnected from the gear; however, AGENCY: National Marine Fisheries Pacific coast.
buoys may remain on deck. Service (NMFS), National Oceanic and The FMP and its implementing
(B) Trawl doors and nets must be out regulations require NMFS to set these
Atmospheric Administration (NOAA),
of the water, but the doors are not annual catch levels for the Pacific
Commerce.
required to be on deck or secured on or sardine fishery based on the annual
below deck. ACTION: Final rule.
specification framework and control
VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1](https://thefederalregister.org/doc/82_FR_29901/page/1.svg)
![Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations 29777
rules in the FMP. These control rules implementing through this action, an After consideration of the public
include the HG control rule, which, in ACL of 8,000 mt and that the incidental comment, no changes were made from
conjunction with the OFL and ABC catch of Pacific sardine in other CPS the proposed rule. For further
rules in the FMP, are used to manage fisheries be managed with the following background information on this action
harvest levels for Pacific sardine, in automatic inseason actions to reduce the please refer to the preamble of the
accordance with the Magnuson-Stevens potential for both targeting and discard proposed rule. NMFS summarizes and
Fishery Conservation and Management of Pacific sardine: responds below to the comment letter
Act, 16 U.S.C. 1801 et seq. According to • An incidental per landing by weight below.
the FMP, the quota for the principal allowance of 40 percent Pacific sardine Comment: The commenter expressed
commercial fishery is determined using in non-treaty CPS fisheries until a total support for the prohibition on directed
the FMP-specified HG formula. The HG of 2,000 mt of Pacific sardine are commercial sardine fishing, but
formula in the CPS FMP is HG = landed. opposition to the proposed ACL level,
[(Biomass ¥ CUTOFF) * FRACTION * • When 2,000 mt are landed, the and requested that NMFS instead set an
DISTRIBUTION] with the parameters incidental per landing allowance will be ACL of no more than 2,000 mt to be
described as follows: reduced to 20 percent until a total of divided among the live bait and tribal
1. Biomass. The estimated stock 5,000 mt of Pacific sardine have been sectors, and to accommodate limited
biomass of Pacific sardine age one and landed. bycatch. The commenter expressed an
above. For the 2017–2018 management • When 5,000 mt have been landed, opinion that the proposed ACL of 8,000
season, this is 86,586 mt. the incidental per landing allowance mt is contrary to the purpose of the
2. CUTOFF. This is the biomass level will be reduced to 10 percent for the CUTOFF and that only minimal
below which no HG is set. The FMP remainder of the 2017–2018 fishing incidental catch (i.e., 2,000 mt) should
established this level at 150,000 mt. year. be allowed to prevent further depletion
3. DISTRIBUTION. The average Pacific sardine is known to comingle and support sardine recovery.
portion of the Pacific sardine biomass with other CPS stocks; thus, these In addition to commenting on the
estimated in the EEZ off the Pacific incidental allowances are established to proposed rule, the bulk of the comment
coast is 87 percent. allow for the continued prosecution of described various scientific papers and
4. FRACTION. The temperature- these other important CPS fisheries and requested reconsideration of various
varying harvest fraction is the reduce the potential discard of sardine. aspects of sardine management
percentage of the biomass above 150,000 Additionally, an incidental per landing including the Minimum Stock Size
mt that may be harvested. allowance is allowed in non-CPS Threshold value as well as aspects of
As described above, the Pacific fisheries: Up to 2 mt may be landed per the harvest guideline control rule,
sardine HG control rule, the primary trip. including but not limited to the existing
mechanism for setting the annual The NMFS West Coast Regional CUTOFF parameter and the
directed commercial fishery quota, Administrator will publish a notice in DISTRIBUTION parameter. (These
includes a CUTOFF parameter, which the Federal Register announcing the parameters, as well as other changes to
has been set as a biomass level of date of attainment of any of the the sardine harvest control rule and
150,000 mt. This amount is subtracted incidental catch levels described above management are set in the CPS Plan and
from the annual biomass estimate before and subsequent changes to allowable are beyond the scope of this rulemaking;
calculating the applicable HG for the incidental catch percentages. therefore, they will not be addressed
fishing year. Since this year’s biomass Additionally, to ensure that the below.)
estimate is below that value, the formula regulated community is informed of any Response: NMFS disagrees that the
results in an HG of zero, and no Pacific closure, NMFS will also make ACL implemented in this rule is not in
sardine are available for the primary announcements through other means line with the FMP or that it fails to
commercial directed fishery during the available, including fax, email, and mail prevent overfishing or ‘‘is excessive and
2017–2018 fishing season. to fishermen, processors, and state risks further depletion and delayed
At the April 2017 Pacific Fishery fishery management agencies. recovery’’. The ACL should be viewed
Management Council (Council) meeting, As explained in the proposed rule, the in the context of the OFL for the
the Council’s Science and Statistical Quinault Indian Nation requested a set- northern subpopulation of Pacific
Committee (SSC) approved, and the aside for tribal harvest of 800 mt (the Sardine of 16,957 mt and an ABC of
Council adopted, the ‘‘Assessment of same amount that was requested and 15,497 mt that takes into account
the Pacific Sardine Resource in 2017 for approved for 2016–2017). NMFS scientific uncertainty surrounding the
U.S. Management in 2017–2018,’’ which considered this request and, per this OFL. These harvest reference limits
was prepared by NMFS Southwest action, 800 mt of the 2017–2018 ACL were recommended by the Council
Fisheries Science Center. The resulting are being set aside for tribal harvest. based on the control rules in the FMP
Pacific sardine biomass estimate of Detailed information on the fishery and were endorsed by the Council’s
86,586 mt is the best available science and the stock assessment are found in SSC. The commenter does not question
for setting harvest specifications. Based the report ‘‘Assessment of the Pacific that the OFL and ABC levels reflect the
on recommendations from its SSC and Sardine Resource in 2017 for U.S. best available science. By definition,
other advisory bodies, the Council Management in 2017–2018’’ (see FOR harvest up to the level of OFL or ABC
recommended, and NMFS is FURTHER INFORMATION CONTACT). would not constitute overfishing, and
implementing, an OFL of 16,957 mt, an would not drive the stock towards an
ABC of 15,497 mt, and a prohibition on Comment and Response overfished state. This rule takes a
mstockstill on DSK30JT082PROD with RULES
Pacific sardine catch, unless it is On May 30, 2017, NMFS published a conservative approach by limiting
harvested as part of either the live bait proposed rule for this action and harvest levels by all sources to an ACL
or tribal fishery or incidental to other solicited public comments (82 FR of 8,000 mt, which is well below both
fisheries for the 2017–2018 Pacific 24656), with a public comment period the OFL and ABC. All incidental catch,
sardine fishing year. As additional that ended on June 14, 2017. NMFS live bait harvest and tribal harvest of
management measures, the Council also received one comment letter—explained sardine will be managed to stay at or
recommended, and NMFS is below—during the comment period. below the ACL, employing multiple
VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1](https://thefederalregister.org/doc/82_FR_29901/page/2.svg)
![29778 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
safeguards to ensure the ACL will not be implementation of this prohibition prior Islands (MHI) for the 2017–18 fishing
exceeded. In short, the management to the expiration of the closure of the year, which will begin on September 1,
measures implemented by this rule are directed fishery on July 1, 2017, which 2017, and end on August 31, 2018. If
more than adequate to prevent was imposed under the 2016–2017 NMFS projects that the fishery will
exceeding the OFL. Additionally, even annual specifications. reach the ACL, NMFS would close the
in the absence of any fishing mortality, Delaying the effective date of this rule commercial and non-commercial
unfavorable environmental conditions beyond July 1 would be contrary to the fisheries for MHI Deep 7 bottomfish for
could keep the sardine population at a public interest because reducing Pacific the remainder of the fishing year as an
low level. Small pelagic species, such as sardine biomass beyond the limits set accountability measure (AM). The ACL
sardine, undergo wide natural out in this action could decrease the and AM support the long-term
fluctuations in abundance, even in the sustainability of the Pacific sardine, as sustainability of Hawaii bottomfish.
absence of fishing, from environmental well as cause future harvest limits to be DATES: The final specifications are
conditions external to fishing; therefore, even lower under the harvest control effective from July 31, 2017, through
it is highly unlikely that reducing the rule, thereby reducing future profits of August 31, 2018.
ACL from 8,000 mt to 2,000 mt would the fishery. ADDRESSES: Copies of the Fishery
measurably affect long-term fluctuations These final specifications are exempt Ecosystem Plan for the Hawaiian
in Pacific sardine abundance. Based on from review under Executive Order Archipelago are available from the
the recent stock assessments and NMFS 12866. Western Pacific Fishery Management
research, low recent recruitments (i.e., The Chief Counsel for Regulation of Council (Council), 1164 Bishop St.,
the number of young fish maturing into the Department of Commerce certified Suite 1400, Honolulu, HI 96813, tel.
the spawning population) is the primary to the Chief Counsel for Advocacy of the 808–522–8220, fax 808–522–8226, or
cause of the current downward trend in Small Business Administration during www.wpcouncil.org. Copies of the
overall population size. Recruitment is the proposed rule stage that this action environmental assessment and finding
believed to be strongly related to would not have a significant economic of no significant impact for this action,
environmental conditions, particularly, impact on a substantial number of small identified by NOAA–NMFS–2017–0033,
large-scale oceanographic phenomena. entities. The factual basis for the are available from www.regulations.gov,
Classification certification was published in the or from Michael D. Tosatto, Regional
proposed rule and is not repeated here. Administrator, NMFS Pacific Islands
Pursuant to section 304(b)(1)(A) of the No comments were received regarding
Magnuson-Stevens Fishery Region (PIR), 1845 Wasp Blvd. Bldg.
this certification. As a result, a 176, Honolulu, HI 96818.
Conservation and Management Act, the regulatory flexibility analysis was not
NMFS West Coast Regional FOR FURTHER INFORMATION CONTACT:
required and none was prepared. Sarah Ellgen, NMFS PIR Sustainable
Administrator, with the concurrence of This action does not contain a
the Assistant Administrator, has Fisheries, 808–725–5173.
collection-of-information requirement
determined that this final rule is SUPPLEMENTARY INFORMATION: Through
for purposes of the Paper Reduction Act.
consistent with the CPS FMP, other this action, NMFS is specifying an ACL
Authority: 16 U.S.C. 1801 et seq. of 306,000 lb of Deep 7 bottomfish in
provisions of the Magnuson-Stevens
Fishery Conservation and Management Dated: June 26, 2017. the MHI for the 2017–18 fishing year.
Act, and other applicable laws. Samuel D. Rauch III, The fishing year begins September 1,
NMFS finds good cause under 5 Deputy Assistant Administrator for 2017, and ends on August 31, 2018. The
U.S.C. 553(d)(3) to waive the 30-day Regulatory Programs, National Marine Council recommended this ACL, based
delay in effectiveness for the Fisheries Service. on the best available scientific,
establishment of these final harvest [FR Doc. 2017–13685 Filed 6–29–17; 8:45 am] commercial, and other information,
specifications for the 2017–2018 Pacific BILLING CODE 3510–22–P taking into account the associated risk
sardine fishing season. In accordance of overfishing. The ACL of 306,000 lb
with the FMP, this rule was for 2017–18 is 12,000 lb less than the
recommended by the Council at its DEPARTMENT OF COMMERCE ACL that NMFS specified for 2016–17
meeting in April 2017, the contents of (82 FR 5429, January 18, 2017).
which were based on the best available National Oceanic and Atmospheric The MHI Management Subarea is the
new scientific information on the Administration portion of U.S. Exclusive Economic
population status of Pacific sardine that Zone around the Hawaiian Archipelago
became available at that time. Making 50 CFR Part 665 east of 161°20′ W. The Deep 7
these final specifications effective on [Docket No. 170330338–7585–02] bottomfish are onaga (Etelis coruscans),
July 1, 2017, is necessary for the ehu (E. carbunculus), gindai
conservation and management of the RIN 0648–XF335 (Pristipomoides zonatus), kalekale (P.
Pacific sardine resource. The FMP sieboldii), opakapaka (P. filamentosus),
requires a prohibition on directed Pacific Island Fisheries; 2017–18 lehi (Aphareus rutilans), and hapuupuu
fishing for Pacific sardine for the 2017– Annual Catch Limit and Accountability (Hyporthodus quernus).
2018 fishing year because the sardine Measures; Main Hawaiian Islands Deep NMFS will monitor the fishery and, if
biomass is below the CUTOFF. The 7 Bottomfish we project that the fishery will reach the
purpose of the CUTOFF in the FMP— AGENCY: National Marine Fisheries ACL before August 31, 2018, we would,
and prohibiting directed fishing when Service (NMFS), National Oceanic and as an AM authorized in 50 CFR 665.4(f),
mstockstill on DSK30JT082PROD with RULES
the biomass drops below this level—is Atmospheric Administration (NOAA), close the non-commercial and
to protect the stock when biomass is low Commerce. commercial fisheries for Deep 7
and provide a buffer of spawning stock ACTION: Final specifications. bottomfish in Federal waters through
that is protected from fishing and August 31, 2018. During a fishery
available for use in rebuilding the stock. SUMMARY: NMFS specifies an annual closure for Deep 7 bottomfish, no person
A delay in the effectiveness of this rule catch limit (ACL) of 306,000 lb for Deep may fish for, possess, or sell any of these
for a full 30 days would not allow the 7 bottomfish in the main Hawaiian fish in the MHI Management Subarea.
VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1](https://thefederalregister.org/doc/82_FR_29901/page/3.svg)
Document Created: 2017-06-30 06:01:13
Document Modified: 2017-06-30 06:01:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 1, 2017 through June 30, 2018. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected] | |
| FR Citation | 82 FR 29776 | |
| RIN Number | 0648-XF31 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR