82 FR 35687 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment to Regulations Implementing the Coastal Pelagic Species Fishery Management Plan; Change to Pacific Mackerel Management Cycle From Annual to Biennial
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 146 (August 1, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35687-35688 | |
| FR Document | 2017-16135 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Rules and Regulations] [Pages 35687-35688] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16135] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160614521-7624-02] RIN 0648-BF96 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment to Regulations Implementing the Coastal Pelagic Species Fishery Management Plan; Change to Pacific Mackerel Management Cycle From Annual to Biennial AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) states that each year the Secretary will publish in the Federal Register the final specifications for all stocks in the actively managed stock category, which includes Pacific mackerel. NMFS is changing the management framework for Pacific mackerel so specifications will be set biennially instead of on an annual basis. The purpose of this change is to reduce the costs, while providing frequent enough reevaluation and adjustment in the specifications to manage and conserve Pacific mackerel. DATES: Effective August 31, 2017. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected]. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific mackerel fishery in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast (California, Oregon, and Washington) in accordance with the CPS FMP. The CPS FMP states that each year the Secretary will publish in the Federal Register the specifications for all stocks in the actively managed stock category, which includes Pacific mackerel. In 2013, the Pacific Fishery Management Council (Council) recommended that the harvest specification process for Pacific mackerel move from a 1-year management cycle to a 2-year management cycle beginning in 2015. The Council recommended this revision to the management cycle under the CPS FMP's framework mechanism, which allows such changes by rulemaking without formally amending the fishery management plan itself. NMFS published separate annual specifications for Pacific mackerel for the 2015-16 and the 2016-17 fishing seasons to keep pace with the schedule of the fishery, and is now changing the annual notice requirement under the framework mechanism of the CPS FMP. From now on, NMFS will implement 2 years of harvest specifications with one rulemaking, beginning with the 2017 fishing season. The CPS FMP and its implementing regulations require NMFS to set annual catch levels for the Pacific mackerel fishery based on the annual specification framework and control rules in the CPS FMP. These control rules include the harvest guideline control rule, which in conjunction with the overfishing limit (OFL), acceptable biological catch (ABC) and annual catch limit (ACL) rules in the CPS FMP are used to manage harvest levels for Pacific mackerel, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Annual estimates of biomass are an explicit part of these various harvest control rules, therefore, annual stock assessments are currently conducted for Pacific mackerel to provide annual estimates of biomass. Then, during public meetings each year, the estimated biomass for Pacific mackerel from these assessments is presented to the Council's CPS Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific and Statistical Committee (SSC), and the biomass and the status of the fishery are reviewed and discussed. The biomass estimate is then presented to the Council along with recommendations and comments from the Team, Subpanel and SSC. Following review by the Council and after hearing public comment, the Council adopts a biomass estimate and makes its catch level recommendations to NMFS. Based on these recommendations, NMFS implements these catch specifications for each fishing year and publishes the specifications annually. Over recent years, little new information has been available for informing Pacific mackerel stock assessments from one year to the next. Therefore, stock assessment scientists at the Southwest Fisheries Science Center (SWFSC), along with the SSC, concluded that conducting stock assessments annually is not necessary to manage Pacific mackerel sustainably; conducting assessments every 2 years can provide the necessary scientific information to continue to manage the stock sustainably. Annual landings of Pacific mackerel have also remained at historically low levels with landings averaging 5,000 mt over the last 10 years, well below the annual quotas over this time period. This highlights that the biomass of this stock is not being greatly impacted by fishing pressure. Low landings since 2011 are also one of the limitations of the recent stock assessments because they result in limited fishery- dependent sample information for use in the stock assessment. Based on this information, and in light of the monetary and personnel costs associated with conducting and reviewing each stock assessment as well as adopting specifications each year, the Council established a new Pacific mackerel management and assessment schedule under which full stock assessments would be conducted every 4 years, and in the second year of each cycle, the assessment will be updated using catch-only projection estimates. Each of these assessments would provide the biomass estimate for the current year as well as a projection of what the biomass will be in the following year. Those biomass estimates would then be used in the harvest control rules for Pacific mackerel, which the Council would use to provide NMFS with recommendations for the OFL, ABC and ACL for the following 2 years. This final rule changes the review and implementation schedule for setting Pacific mackerel harvest specifications, allowing NMFS to implement 2 years of catch specifications with a single notice and comment rulemaking. Reviewing biomass estimates and implementing catch specifications for 2 years at a time instead of 1 allows NMFS and the Council to use available time and resources in a more efficient manner, while still preserving the conservation and management goals of the CPS FMP, and using the best available science. [[Page 35688]] NMFS will set biennial specifications from the 2017 fishing season forward in the Code of Federal Regulations. The proposed rule stated that this rulemaking would change the review and implementation schedule for Pacific mackerel, and the stock assessment cycle. That was an error: NMFS did not intend to propose to change the stock assessment cycle by rulemaking, as the Council already acted on that change. The action by this rule is only to allow the agency to implement 2 separate years of harvest specifications through a single notice and comment rulemaking process. On January 4, 2017, a proposed rule was published for this action and public comments solicited (82 FR 812) with a comment period that ended on February 3, 2017. NMFS received three comments regarding the amendment to change Pacific mackerel specifications to be set biennially instead of on an annual basis. No changes were made in response to the comments received. NMFS summarizes and responds to those comments below. Comments and Responses Comment 1: Two of the comments voiced a similar concern that, in moving from an annual stock assessment process to a biennial process, the harvest specifications would not be based on the best possible information. One commenter stated that keeping the current system of setting management specifications every year would provide better information to manage Pacific mackerel and allow the agency to be better positioned if more rapid adjustments are needed to either protect against overfishing, while the second commenter was concerned that if the stock greatly increased during one of the interim assessment years, that the industry might endure a missed opportunity. Response: As described above, based on recommendations from its SSC and scientists from the SWFSC, the Council has determined that as a matter of practice doing new stock assessments every year for Pacific mackerel was not providing significantly better information with which to manage the stock and prevent overfishing compared to the proposed approach. Based on this determination, the Council established a Pacific mackerel management and assessment schedule under which full stock assessments will be conducted every 4 years, and in the second year of each cycle the assessment will be updated using catch-only projection estimates. Each of these assessments would provide the biomass estimate for the current year as well as a projection of what the biomass will be in the following year. Those biomass estimates would then be used in the harvest control rules for Pacific mackerel and the Council provides NMFS with recommendations for the OFL, ABC and ACL for the following 2 years. The action being taken by NMFS through this rule is to allow the agency to implement those 2 separate years of harvest specifications through a single notice and comment rulemaking process. Additionally, this action does not change the control rules used to set the annual catch limits, including the ABC control rule under which scientific uncertainty in the OFL is considered in estimating ABC at a level that is intended to buffer against overfishing. Comment 2: The California Department of Fish and Wildlife (CDFW) submitted a comment expressing general support for the proposed rule and streamlining the process for setting specifications for Pacific mackerel. Response: CDFW is an important co-manager of CPS and NMFS appreciates its input. NMFS agrees with the CDFW that annual stock assessments are not necessary to manage Pacific mackerel sustainability. NMFS is supportive of the expanded efforts by CDFW to collect baseline biological and fishery data through their dockside sampling program to help inform ongoing and future assessment efforts of the various CPS stocks. Classification The Administrator, West Coast Region, NMFS, determined that the FMP Amendment to Regulations Implementing the CPS FMP; Change to Pacific Mackerel Management Cycle from Annual to Biennial is necessary for the conservation and management of the Pacific mackerel fishery and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: July 26, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS is amending 50 CFR part 660 as follows: PART 660--FISHERIES OFF WEST COAST STATES 0 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.508, add paragraph (e) to read as follows: Sec. 660.508 Annual specifications. * * * * * (e) Pacific mackerel. Every 2 years the Regional Administrator will determine, and publish in the Federal Register, harvest specifications for 2 consecutive fishing seasons for Pacific mackerel. [FR Doc. 2017-16135 Filed 7-31-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations 35687
will exceed its trimester or annual quota off the Pacific coast (California, Oregon, estimate and makes its catch level
of GB cod to the detriment of this stock, and Washington) in accordance with the recommendations to NMFS. Based on
which could undermine management CPS FMP. The CPS FMP states that each these recommendations, NMFS
objectives of the Northeast Multispecies year the Secretary will publish in the implements these catch specifications
Fishery Management Plan. Additionally, Federal Register the specifications for for each fishing year and publishes the
an overage of the trimester or annual all stocks in the actively managed stock specifications annually. Over recent
common pool quota could cause category, which includes Pacific years, little new information has been
negative economic impacts to the mackerel. In 2013, the Pacific Fishery available for informing Pacific mackerel
common pool fishery as a result of Management Council (Council) stock assessments from one year to the
overage paybacks deducted from a recommended that the harvest next. Therefore, stock assessment
future trimester or fishing year. specification process for Pacific scientists at the Southwest Fisheries
Authority: 16 U.S.C. 1801 et seq. mackerel move from a 1-year Science Center (SWFSC), along with the
management cycle to a 2-year SSC, concluded that conducting stock
Dated: July 27, 2017. management cycle beginning in 2015. assessments annually is not necessary to
Jennifer M. Wallace, The Council recommended this revision manage Pacific mackerel sustainably;
Acting Director, Office of Sustainable to the management cycle under the CPS conducting assessments every 2 years
Fisheries, National Marine Fisheries Service. FMP’s framework mechanism, which can provide the necessary scientific
[FR Doc. 2017–16176 Filed 7–28–17; 8:45 am] allows such changes by rulemaking information to continue to manage the
BILLING CODE 3510–22–P without formally amending the fishery stock sustainably. Annual landings of
management plan itself. NMFS Pacific mackerel have also remained at
published separate annual historically low levels with landings
DEPARTMENT OF COMMERCE specifications for Pacific mackerel for averaging 5,000 mt over the last 10
the 2015–16 and the 2016–17 fishing years, well below the annual quotas
National Oceanic and Atmospheric
seasons to keep pace with the schedule over this time period. This highlights
Administration
of the fishery, and is now changing the that the biomass of this stock is not
annual notice requirement under the being greatly impacted by fishing
50 CFR Part 660
framework mechanism of the CPS FMP. pressure. Low landings since 2011 are
[Docket No. 160614521–7624–02] From now on, NMFS will implement 2 also one of the limitations of the recent
RIN 0648–BF96
years of harvest specifications with one stock assessments because they result in
rulemaking, beginning with the 2017 limited fishery-dependent sample
Fisheries Off West Coast States; fishing season. information for use in the stock
Coastal Pelagic Species Fisheries; The CPS FMP and its implementing assessment. Based on this information,
Amendment to Regulations regulations require NMFS to set annual and in light of the monetary and
Implementing the Coastal Pelagic catch levels for the Pacific mackerel personnel costs associated with
Species Fishery Management Plan; fishery based on the annual conducting and reviewing each stock
Change to Pacific Mackerel specification framework and control assessment as well as adopting
Management Cycle From Annual to rules in the CPS FMP. These control specifications each year, the Council
Biennial rules include the harvest guideline established a new Pacific mackerel
control rule, which in conjunction with management and assessment schedule
AGENCY: National Marine Fisheries the overfishing limit (OFL), acceptable under which full stock assessments
Service (NMFS), National Oceanic and biological catch (ABC) and annual catch would be conducted every 4 years, and
Atmospheric Administration (NOAA), limit (ACL) rules in the CPS FMP are in the second year of each cycle, the
Commerce. used to manage harvest levels for Pacific assessment will be updated using catch-
ACTION: Final rule. mackerel, in accordance with the only projection estimates. Each of these
Magnuson-Stevens Fishery assessments would provide the biomass
SUMMARY: The Coastal Pelagic Species estimate for the current year as well as
Conservation and Management Act, 16
(CPS) Fishery Management Plan (FMP) a projection of what the biomass will be
U.S.C. 1801 et seq. Annual estimates of
states that each year the Secretary will in the following year. Those biomass
biomass are an explicit part of these
publish in the Federal Register the final estimates would then be used in the
various harvest control rules, therefore,
specifications for all stocks in the harvest control rules for Pacific
annual stock assessments are currently
actively managed stock category, which mackerel, which the Council would use
conducted for Pacific mackerel to
includes Pacific mackerel. NMFS is to provide NMFS with
provide annual estimates of biomass.
changing the management framework recommendations for the OFL, ABC and
Then, during public meetings each year,
for Pacific mackerel so specifications ACL for the following 2 years.
the estimated biomass for Pacific
will be set biennially instead of on an
mackerel from these assessments is This final rule changes the review and
annual basis. The purpose of this
presented to the Council’s CPS implementation schedule for setting
change is to reduce the costs, while
Management Team (Team), the Pacific mackerel harvest specifications,
providing frequent enough reevaluation
Council’s CPS Advisory Subpanel allowing NMFS to implement 2 years of
and adjustment in the specifications to
(Subpanel) and the Council’s Scientific catch specifications with a single notice
manage and conserve Pacific mackerel.
and Statistical Committee (SSC), and the and comment rulemaking. Reviewing
DATES: Effective August 31, 2017. biomass and the status of the fishery are biomass estimates and implementing
mstockstill on DSK30JT082PROD with RULES
FOR FURTHER INFORMATION CONTACT: reviewed and discussed. The biomass catch specifications for 2 years at a time
Joshua Lindsay, West Coast Region, estimate is then presented to the instead of 1 allows NMFS and the
NMFS, (562) 980–4034, Council along with recommendations Council to use available time and
Joshua.Lindsay@noaa.gov. and comments from the Team, Subpanel resources in a more efficient manner,
SUPPLEMENTARY INFORMATION: NMFS and SSC. Following review by the while still preserving the conservation
manages the Pacific mackerel fishery in Council and after hearing public and management goals of the CPS FMP,
the U.S. Exclusive Economic Zone (EEZ) comment, the Council adopts a biomass and using the best available science.
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![35688 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
NMFS will set biennial specifications to the proposed approach. Based on this Pacific mackerel fishery and that it is
from the 2017 fishing season forward in determination, the Council established a consistent with the Magnuson-Stevens
the Code of Federal Regulations. Pacific mackerel management and Fishery Conservation and Management
The proposed rule stated that this assessment schedule under which full Act and other applicable laws.
rulemaking would change the review stock assessments will be conducted This final rule has been determined to
and implementation schedule for Pacific every 4 years, and in the second year of be not significant for purposes of
mackerel, and the stock assessment each cycle the assessment will be Executive Order 12866.
cycle. That was an error: NMFS did not updated using catch-only projection The Chief Counsel for Regulation of
intend to propose to change the stock estimates. Each of these assessments the Department of Commerce certified
assessment cycle by rulemaking, as the would provide the biomass estimate for to the Chief Counsel for Advocacy of the
Council already acted on that change. the current year as well as a projection Small Business Administration during
The action by this rule is only to allow of what the biomass will be in the the proposed rule stage that this action
the agency to implement 2 separate following year. Those biomass estimates would not have a significant economic
years of harvest specifications through a would then be used in the harvest impact on a substantial number of small
single notice and comment rulemaking control rules for Pacific mackerel and entities. The factual basis for the
process. the Council provides NMFS with certification was published in the
On January 4, 2017, a proposed rule recommendations for the OFL, ABC and proposed rule and is not repeated here.
was published for this action and public ACL for the following 2 years. The No comments were received regarding
comments solicited (82 FR 812) with a action being taken by NMFS through this certification. As a result, a
comment period that ended on February this rule is to allow the agency to regulatory flexibility analysis was not
3, 2017. NMFS received three comments implement those 2 separate years of required and none was prepared.
regarding the amendment to change harvest specifications through a single This action does not contain a
Pacific mackerel specifications to be set notice and comment rulemaking collection-of-information requirement
biennially instead of on an annual basis. process. Additionally, this action does for purposes of the Paperwork
No changes were made in response to not change the control rules used to set Reduction Act.
the comments received. NMFS the annual catch limits, including the
summarizes and responds to those ABC control rule under which scientific List of Subjects in 50 CFR Part 660
comments below. uncertainty in the OFL is considered in Fisheries, Fishing, Reporting and
Comments and Responses estimating ABC at a level that is recordkeeping requirements.
intended to buffer against overfishing. Dated: July 26, 2017.
Comment 1: Two of the comments Comment 2: The California
voiced a similar concern that, in moving Samuel D. Rauch III,
Department of Fish and Wildlife
from an annual stock assessment (CDFW) submitted a comment Deputy Assistant Administrator for
process to a biennial process, the Regulatory Programs, National Marine
expressing general support for the Fisheries Service.
harvest specifications would not be proposed rule and streamlining the
based on the best possible information. process for setting specifications for For the reasons set out in the
One commenter stated that keeping the Pacific mackerel. preamble, NMFS is amending 50 CFR
current system of setting management Response: CDFW is an important co- part 660 as follows:
specifications every year would provide manager of CPS and NMFS appreciates PART 660—FISHERIES OFF WEST
better information to manage Pacific its input. NMFS agrees with the CDFW COAST STATES
mackerel and allow the agency to be that annual stock assessments are not
better positioned if more rapid necessary to manage Pacific mackerel ■ 1. The authority citation for part 660
adjustments are needed to either protect sustainability. NMFS is supportive of continues to read as follows:
against overfishing, while the second the expanded efforts by CDFW to collect
commenter was concerned that if the Authority: 16 U.S.C. 1801 et seq., 16
baseline biological and fishery data
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
stock greatly increased during one of the through their dockside sampling
interim assessment years, that the program to help inform ongoing and ■ 2. In § 660.508, add paragraph (e) to
industry might endure a missed future assessment efforts of the various read as follows:
opportunity. CPS stocks. § 660.508 Annual specifications.
Response: As described above, based
on recommendations from its SSC and Classification * * * * *
scientists from the SWFSC, the Council The Administrator, West Coast (e) Pacific mackerel. Every 2 years the
has determined that as a matter of Region, NMFS, determined that the Regional Administrator will determine,
practice doing new stock assessments FMP Amendment to Regulations and publish in the Federal Register,
every year for Pacific mackerel was not Implementing the CPS FMP; Change to harvest specifications for 2 consecutive
providing significantly better Pacific Mackerel Management Cycle fishing seasons for Pacific mackerel.
information with which to manage the from Annual to Biennial is necessary for [FR Doc. 2017–16135 Filed 7–31–17; 8:45 am]
stock and prevent overfishing compared the conservation and management of the BILLING CODE 3510–22–P
mstockstill on DSK30JT082PROD with RULES
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Document Created: 2018-10-24 11:42:02
Document Modified: 2018-10-24 11:42:02
| 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 August 31, 2017. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected] | |
| FR Citation | 82 FR 35687 | |
| RIN Number | 0648-BF96 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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