82 FR 56204 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 227 (November 28, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 227 (November 28, 2017)
| Page Range | 56204-56207 | |
| FR Document | 2017-25614 |
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)] [Proposed Rules] [Pages 56204-56207] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25614] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170901861-7861-01] RIN 0648-BH08 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement annual harvest specifications and management measures to establish the allowable catch levels for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the West Coast (California, Oregon and Washington) for the fishing years 2017-2018 and 2018-2019. This rule is proposed pursuant to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed harvest guideline (HG) and [[Page 56205]] annual catch target (ACT) for the 2017-2018 fishing year are 26,293 metric tons (mt) and 25,293 mt respectively. The proposed HG and ACT for the 2018-2019 fishing year are 23,840 mt and 22,840 mt respectively. If the fishery attains the ACT in either fishing year, the directed fishery will close, reserving the difference between the HG and ACT as a 1,000 mt set-aside for incidental landings in other CPS fisheries and other sources of mortality. If the HG is reached, all retention would be prohibited through the end of the fishing year. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast. DATES: Comments must be received by December 28, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0134, by any of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0134, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 501 W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802-4250; Attn: Joshua Lindsay. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Copies of the report, ``Pacific Mackerel Biomass Projection Estimate for USA Management in 2017-2018 and 2018-2019'' may be obtained from the West Coast Regional Office. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery in the U.S. EEZ off the West Coast in accordance with the CPS FMP. The CPS FMP and its implementing regulations require NMFS to set annual harvest specifications for the Pacific mackerel fishery based on the annual specification framework and control rules in the FMP. The purpose of this proposed rule is to implement these harvest specifications, which include allowable harvest levels (ACT/HG/annual catch level [ACL]), as well as annual catch reference points (overfishing limit [OFL] and acceptable biological catch [ABC]) that take into consideration uncertainty surrounding the current biomass estimates for Pacific mackerel for the 2017-2018 and 2018-2019 fishing years. During public meetings each year, biomass estimates for Pacific mackerel are presented to the Pacific Fishery Management Council's (Council) CPS Management Team (CPSMT), the Council's CPS Advisory Subpanel (CPSAS) and the Council's Scientific and Statistical Committee (SSC), where the biomass estimates and the status of the fisheries are reviewed and discussed. These biomass estimates are then presented to the Council along with the calculated OFL, ABC, ACL, HG and ACT recommendations and comments from the CPSMT, CPSAS and SSC. Following review by the Council and after hearing public comment, the Council adopts biomass estimates and makes its harvest specification recommendations to NMFS. Biennial specifications published in the Federal Register establish these allowable harvest levels (i.e., ACT/ ACL/HG) for the upcoming two Pacific mackerel fishing years. This is the first proposed rule where harvest specifications are being adopted for the upcoming two fishing years (2017-2018 and 2018-2019) per the recently published final rule (82 FR 35687; August 1, 2017) that changed the CPS FMP management framework so that Pacific mackerel harvest specifications could be adopted biennially instead of annually. The control rules in the CPS FMP include the HG control rule, which in conjunction with the OFL and ABC rules, are used to manage harvest levels for Pacific mackerel. According to the FMP, the quota for the principal commercial fishery, the HG, is determined using the FMP- specified HG formula. The HG is based, in large part, on the current estimate of stock biomass. The biomass estimate is an explicit part of the various harvest control rules for Pacific mackerel, and as the estimated biomass decreases or increases from one year to the next, the resulting allowable catch levels similarly trend. The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) * Fraction * Distribution] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific mackerel for the 2017-2018 management season is 143,403 mt. The estimated stock biomass of Pacific mackerel for the 2018-2019 management season 131,724 mt. 2. Cutoff. This is the biomass level below which no commercial fishery is allowed. The FMP established this level at 18,200 mt. 3. Fraction. The harvest fraction is the percentage of the biomass above 18,200 mt that may be harvested. This is set in the FMP at 30 percent. 4. Distribution. The average portion of the Pacific mackerel biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent and is based on the average historical larval distribution obtained from scientific cruises and the distribution of the resource according to the logbooks of aerial fish-spotters. The Council has recommended and NMFS is proposing, Pacific mackerel harvest specifications and management measures for both the 2017-2018 and 2018-2019 fishing years. For the 2017-2018 Pacific mackerel fishing year these include an OFL of 30,115 metric tons (mt), an ABC and ACL of 27,510 mt, a HG of 26,293 mt, and an annual ACT of 25,293 mt. For the 2018-2019 Pacific mackerel fishing year these include an OFL of 27,662 mt, and ABC and ACL of 25,269 mt, a HG of 23,840 mt, and an ACT of 22,840 mt. The Pacific mackerel fishing season runs from July 1 to June 30. These catch specifications are based on the control rules established in the CPS FMP and biomass estimates of 143,403 mt (2017- 2018) and 131,724 mt (2018-2019); these biomass estimates are the result of a full stock assessment completed in June 2015 and a subsequent catch-only projection estimate completed in June 2017 by NMFS Southwest Fisheries Science Center and approved by the Council's SSC and the Council at their June 2017 meeting as best available science (see ADDRESSES). Under this proposed action, upon the unlikely attainment of the ACT in either fishing year, directed fishing would close, reserving the difference between the HG and ACT (1,000 mt) as a set aside for incidental landings in other fisheries and other sources of mortality. For the remainder of the fishing year, incidental landings would be constrained to a 45-percent incidental [[Page 56206]] catch allowance when Pacific mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel) or up to 3 mt of Pacific mackerel could be landed incidentally in non-CPS fisheries.\1\ Upon attainment or projected attainment of the HG, no retention of Pacific mackerel would be allowed even as incidental catch. The purpose of the incidental set- aside and allowance of an incidental fishery is to allow for the restricted incidental landings of Pacific mackerel in other fisheries, particularly other CPS fisheries, when the directed fishery is closed to reduce potential discard of Pacific mackerel and allow for continued prosecution of other important stocks that may school with Pacific mackerel. --------------------------------------------------------------------------- \1\ Live bait fishing is excluded from closures of the directed fishery, and Amendment 16 to the CPS FMP, if approved, would allow very small directed fisheries to continue even when most directed were closed. --------------------------------------------------------------------------- The NMFS West Coast Regional Administrator will publish a notice in the Federal Register announcing the date of any closure of either (1) directed fishing (when harvest levels near or take the ACT) or (2) retention--including by incidental fishing (when harvest levels near or attain the HG). Additionally, to ensure 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. This rule would also add paragraph (p) to the prohibitions section at 50 CFR 660.505 referencing the prohibition on retention, possession, or landing of Pacific mackerel for the remainder of the year after the closure date specified in the Federal Register notice published by the Regional Administrator. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed 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 that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities, for the following reasons: For Regulatory Flexibility Act (RFA) purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. Pacific mackerel are principally caught off southern California within the limited entry portion (south of 39 degrees N. latitude; Point Arena, California) of the CPS fishery and is one component of CPS fisheries off the U.S. West Coast, which also includes the fisheries for Pacific sardine, northern anchovy and market squid. The small entities that would be affected by the proposed action are those vessels that harvest Pacific mackerel as part of the West Coast CPS purse seine fleet and are all considered small business under the above size standards. Currently there are 58 vessels permitted in the Federal CPS limited entry fishery off California. The average annual per vessel revenue in 2016 for those vessels was well below the threshold level of $11 million; therefore, all of these vessels are considered small businesses under the RFA. Therefore, this rule would not create disproportionate costs between small and large vessels/businesses. NMFS used the ex-vessel revenue information for a profitability analysis, as the cost data for the harvesting operations of CPS finfish vessels was limited or unavailable. For the 2016-2017 fishing year, the HG was 21,161 mt and was divided into an ACT of 20,161 mt and an incidental set-aside of 1,000 mt. Approximately 1,492.16 mt of Pacific mackerel was harvested in the 2016-2017 fishing year with an estimated ex-vessel value of approximately $417,616. The HG for the 2017-2018 Pacific mackerel fishing year is 26,293 mt, with an ACT of 25,293 mt and an incidental set-aside of 1,000 mt. The HG for the 2018-2019 Pacific mackerel fishing year is 23,840 mt with an ACT of 22,840 mt and an incidental set-aside of 1,000 mt. These proposed ACTs are similar to the ACT established for the 2016-2017 fishing year (20,161 mt), thus it is highly unlikely that the ACTs proposed in this rule will limit the potential profitability to the fleet from catching Pacific mackerel compared to last season or recent catch levels, as shown below. The annual average U.S. Pacific mackerel harvest in recent years (2010-2015) has been about 5,000 mt. In this period, the landings have not exceeded 11,800 mt. Additionally, annual average landings during the last decade (2005-2015) have not been restricted by the applicable quota. Accordingly, vessel income from fishing is not expected to be altered as a result of this rule as it compares to recent catches in the fishery, including under the previous season's regulations. Based on the disproportionality and profitability analysis above, the proposed action, if adopted, will not have adverse or disproportional economic impact on these small business entities. As a result, an Initial Regulatory Flexibility Analysis is not required, and none has been 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: November 21, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is proposed to be amended 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. 660.505, add paragraph (p) to read as follows: Sec. 660.505 Prohibitions. * * * * * (p) Retain, possess or land Pacific mackerel after an announcement under Sec. 660.511(j) that the harvest guideline has been taken or is projected to be reached soon. 0 3. In Sec. 660.511, add paragraphs (i) and (j) to read as follows: Sec. 660.511 Catch restrictions. * * * * * (i) The following harvest specifications apply for Pacific mackerel: (1) For the Pacific mackerel fishing season July 1, 2017, through June 30, 2018, the harvest guideline is 26,293 mt and the ACT is 25,293 mt; (2) For the Pacific mackerel fishing season July 1, 2018, through June 30, [[Page 56207]] 2019, the harvest guideline is 23,840 mt and the ACT of 22,840 mt. (j) When an ACT in paragraph (i) of this section has been reached or is projected to be reached soon, then for the remainder of the Pacific mackerel fishing season, Pacific mackerel may not be targeted and landings of Pacific mackerel may not exceed 45 percent of landings when Pacific mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), except that up to 3 mt of Pacific mackerel may be landed without landing any other CPS. When a harvest guideline in paragraph (i) of this section has been reached or is projected to be reached soon, no further retention of Pacific mackerel is allowed through the end of the Pacific mackerel fishing season. The Regional Administer shall announce in the Federal Register the date that an ACT or the harvest guideline is reached or is expected to be reached, and the date and time that the restrictions described in this paragraph go into effect. [FR Doc. 2017-25614 Filed 11-27-17; 8:45 am] BILLING CODE 3510-22-P
![56204 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
Accordingly, a Small Entity Compliance (6) Cackling Goose (Branta hutchinsii) § 91.15 [Removed and Reserved]
Guide is not required. (7) Canada Goose (Branta canadensis) ■ 4. Remove and reserve § 91.15.
* * * * * ■ 5. In § 91.21, designate the text in
Executive Order 13771
(d) Dabbling Ducks. paragraph (b) after the paragraph header
This rule is not an Executive Order (1) Wood Duck (Aix sponsa) as paragraph (b)(1) and add paragraph
(E.O.) 13771 (82 FR 9339, February 3, (2) Blue-winged Teal (Spatula discors) (b)(2) to read as follows:
2017) regulatory action because this rule (3) Cinnamon Teal (Spatula cyanoptera)
is not significant under E.O. 12866. (4) Northern Shoveler (Spatula clypeata) § 91.21 Selection and qualification of
(5) Gadwall (Mareca strepera) contest judges.
Clarity of This Rule (6) American Wigeon (Mareca * * * * *
We are required by Executive Orders americana) (b) Qualifications. (1) * * *
12866 and 12988 and by the (7) Mallard (Anas platyrhynchos) (2) The 2018 Contest. In 2018 only, it
Presidential Memorandum of June 1, (8) American Black Duck (Anas will also be mandatory that all selected
1998, to write all rules in plain rubripes) judges have an understanding and
language. This means that each rule we (9) Mottled Duck (Anas fulvigula) appreciation of the waterfowl hunting
publish must: (10) Northern Pintail (Anas acuta) heritage and be able to recognize
(a) Be logically organized; (11) Green-winged Teal (Anas crecca) waterfowl hunting paraphernalia.
(b) Use the active voice to address * * * * * * * * * *
readers directly; ■ 3. Revise § 91.14 to read as follows:
■ 6. Revise § 91.23 to read as follows:
(c) Use clear language rather than
§ 91.14 Restrictions on subject matter for § 91.23 Scoring criteria for contest.
jargon; entry.
(d) Be divided into short sections and (a) Entries will be judged on the basis
sentences; and (a) A live portrayal of any bird(s) of of anatomical accuracy, artistic
(e) Use lists and tables wherever the five or fewer identified eligible composition, and suitability for
possible. waterfowl species must be the dominant reduction in the production of a stamp.
If you feel that we have not met these feature of the design. The design may (b) The 2018 Contest. In 2018 only,
requirements, send us comments by one depict more than one of the eligible entries will also be judged on how well
of the methods listed in ADDRESSES. To species. The judges’ overall mandate is they illustrate the theme of ‘‘celebrating
better help us revise the rule, your to select the best design that will make our hunting heritage.’’
comments should be as specific as an interesting, useful, and attractive
duck stamp that will be accepted and Dated: November 8, 2017.
possible. For example, you should tell
prized by hunters, stamp collectors, Jason Larrabee,
us the numbers of the sections or
conservationists, and others. The design Acting Assistant Secretary for Fish and
paragraphs that are unclearly written,
must be the contestant’s original hand- Wildlife and Parks.
which sections or sentences are too
long, the sections where you feel lists or drawn creation. The entry design may [FR Doc. 2017–25661 Filed 11–27–17; 8:45 am]
tables would be useful, etc. not be copied or duplicated from BILLING CODE 4333–15–P
previously published art, including
List of Subjects in 50 CFR Part 91 photographs, or from images in any
Hunting, Wildlife. format published on the Internet. DEPARTMENT OF COMMERCE
Photographs, computer-generated art, or
Proposed Regulation Promulgation art produced from a computer printer or National Oceanic and Atmospheric
For the reasons stated in the other computer/mechanical output Administration
preamble, we propose to further amend device (airbrush method excepted) are
50 CFR part 91, as proposed to be not eligible to be entered into the 50 CFR Part 660
amended at 81 FR 7279 (February 11, contest and will be disqualified. An [Docket No. 170901861–7861–01]
2016), as set forth below: entry submitted in a prior contest that
was not selected for a Federal or State RIN 0648–BH08
PART 91—MIGRATORY BIRD stamp design may be submitted in the
HUNTING AND CONSERVATION current contest if the entry meets the Fisheries Off West Coast States;
STAMP CONTEST criteria set forth in this section. Coastal Pelagic Species Fisheries;
(b) The 2018 Contest. In addition to Biennial Specifications
■ 1. The authority citation for part 91 the restrictions set forth in paragraph AGENCY: National Marine Fisheries
continues to read as follows: (a), in 2018 only, designs will also be Service (NMFS), National Oceanic and
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 required to include appropriate hunting- Atmospheric Administration (NOAA),
U.S.C. 9701. related accessories and/or scenes Commerce.
■ 2. Amend § 91.4 by revising celebrating the Federal Duck Stamp’s ACTION: Proposed rule.
paragraphs (b) and (d) to read as long-standing connection as part of our
follows: Nation’s waterfowl hunting heritage and SUMMARY: NMFS proposes to implement
the contributions to conservation made annual harvest specifications and
§ 91.4 Eligible species. by waterfowl hunters. Designs may management measures to establish the
* * * * * include, but are not limited to, hunting allowable catch levels for Pacific
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(b) Geese. dogs, hunting scenes, hunting mackerel in the U.S. exclusive economic
(1) Emperor Goose (Anser canagicus) equipment, waterfowl decoys, managed zone (EEZ) off the West Coast
(2) Snow Goose (including ‘‘white’’ and waterfowl areas as the background of (California, Oregon and Washington) for
‘‘blue’’ morphs) (Anser caerulescens) habitat scenes, or other designs that the fishing years 2017–2018 and 2018–
(3) Ross’s Goose (Anser rossii) represent our waterfowl hunting 2019. This rule is proposed pursuant to
(4) Greater White-fronted Goose (Anser heritage. The design chosen will clearly the Coastal Pelagic Species (CPS)
albifrons) meet the theme of ‘‘celebrating our Fishery Management Plan (FMP). The
(5) Brant (Branta bernicla) hunting heritage.’’ proposed harvest guideline (HG) and
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annual catch target (ACT) for the 2017– Conservation and Management Act as the estimated biomass decreases or
2018 fishing year are 26,293 metric tons (Magnuson-Stevens Act), 16 U.S.C. 1801 increases from one year to the next, the
(mt) and 25,293 mt respectively. The et seq., NMFS manages the Pacific resulting allowable catch levels
proposed HG and ACT for the 2018– mackerel fishery in the U.S. EEZ off the similarly trend. The harvest control rule
2019 fishing year are 23,840 mt and West Coast in accordance with the CPS in the CPS FMP is HG = [(Biomass-
22,840 mt respectively. If the fishery FMP. The CPS FMP and its Cutoff) * Fraction * Distribution] with
attains the ACT in either fishing year, implementing regulations require NMFS the parameters described as follows:
the directed fishery will close, reserving to set annual harvest specifications for 1. Biomass. The estimated stock
the difference between the HG and ACT the Pacific mackerel fishery based on biomass of Pacific mackerel for the
as a 1,000 mt set-aside for incidental the annual specification framework and 2017–2018 management season is
landings in other CPS fisheries and control rules in the FMP. The purpose 143,403 mt. The estimated stock
other sources of mortality. If the HG is of this proposed rule is to implement biomass of Pacific mackerel for the
reached, all retention would be these harvest specifications, which 2018–2019 management season 131,724
prohibited through the end of the include allowable harvest levels (ACT/ mt.
fishing year. This rule is intended to HG/annual catch level [ACL]), as well as 2. Cutoff. This is the biomass level
conserve and manage the Pacific annual catch reference points below which no commercial fishery is
mackerel stock off the U.S. West Coast. (overfishing limit [OFL] and acceptable allowed. The FMP established this level
DATES: Comments must be received by biological catch [ABC]) that take into at 18,200 mt.
consideration uncertainty surrounding 3. Fraction. The harvest fraction is the
December 28, 2017.
the current biomass estimates for Pacific percentage of the biomass above 18,200
ADDRESSES: You may submit comments mt that may be harvested. This is set in
on this document, identified by NOAA– mackerel for the 2017–2018 and 2018–
2019 fishing years. the FMP at 30 percent.
NMFS–2017–0134, by any of the 4. Distribution. The average portion of
During public meetings each year,
following methods: the Pacific mackerel biomass estimated
biomass estimates for Pacific mackerel
• Electronic Submissions: Submit all in the U.S. EEZ off the Pacific coast is
are presented to the Pacific Fishery
electronic public comments via the 70 percent and is based on the average
Management Council’s (Council) CPS
Federal e-Rulemaking Portal. Go to historical larval distribution obtained
Management Team (CPSMT), the
www.regulations.gov/ from scientific cruises and the
Council’s CPS Advisory Subpanel
#!docketDetail;D=NOAA-NMFS-2017- distribution of the resource according to
(CPSAS) and the Council’s Scientific
0134, click the ‘‘Comment Now!’’ icon, the logbooks of aerial fish-spotters.
and Statistical Committee (SSC), where
complete the required fields, and enter The Council has recommended and
the biomass estimates and the status of
or attach your comments. NMFS is proposing, Pacific mackerel
the fisheries are reviewed and
• Mail: Submit written comments to harvest specifications and management
discussed. These biomass estimates are
Barry A. Thom, Regional Administrator, measures for both the 2017–2018 and
then presented to the Council along
West Coast Region, NMFS, 501 W. 2018–2019 fishing years. For the 2017–
with the calculated OFL, ABC, ACL, HG
Ocean Blvd., Ste. 4200, Long Beach, CA 2018 Pacific mackerel fishing year these
and ACT recommendations and
90802–4250; Attn: Joshua Lindsay. include an OFL of 30,115 metric tons
Instructions: Comments must be comments from the CPSMT, CPSAS and
SSC. Following review by the Council (mt), an ABC and ACL of 27,510 mt, a
submitted by one of the above methods HG of 26,293 mt, and an annual ACT of
and after hearing public comment, the
to ensure that the comments are 25,293 mt. For the 2018–2019 Pacific
Council adopts biomass estimates and
received, documented, and considered mackerel fishing year these include an
makes its harvest specification
by NMFS. Comments sent by any other OFL of 27,662 mt, and ABC and ACL of
recommendations to NMFS. Biennial
method, to any other address or 25,269 mt, a HG of 23,840 mt, and an
specifications published in the Federal
individual, or received after the end of ACT of 22,840 mt. The Pacific mackerel
Register establish these allowable
the comment period, may not be fishing season runs from July 1 to June
harvest levels (i.e., ACT/ACL/HG) for
considered. All comments received are 30. These catch specifications are based
the upcoming two Pacific mackerel
a part of the public record and will on the control rules established in the
fishing years. This is the first proposed
generally be posted for public viewing CPS FMP and biomass estimates of
rule where harvest specifications are
on www.regulations.gov without change. being adopted for the upcoming two 143,403 mt (2017–2018) and 131,724 mt
All personal identifying information fishing years (2017–2018 and 2018– (2018–2019); these biomass estimates
(e.g., name, address, etc.) submitted 2019) per the recently published final are the result of a full stock assessment
voluntarily by the sender will be rule (82 FR 35687; August 1, 2017) that completed in June 2015 and a
publicly accessible. Do not submit changed the CPS FMP management subsequent catch-only projection
confidential business information, or framework so that Pacific mackerel estimate completed in June 2017 by
otherwise sensitive or protected harvest specifications could be adopted NMFS Southwest Fisheries Science
information. NMFS will accept biennially instead of annually. Center and approved by the Council’s
anonymous comments (enter ‘‘N/A’’ in The control rules in the CPS FMP SSC and the Council at their June 2017
the required fields if you wish to remain include the HG control rule, which in meeting as best available science (see
anonymous). conjunction with the OFL and ABC ADDRESSES).
Copies of the report, ‘‘Pacific rules, are used to manage harvest levels Under this proposed action, upon the
Mackerel Biomass Projection Estimate for Pacific mackerel. According to the unlikely attainment of the ACT in either
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for USA Management in 2017–2018 and FMP, the quota for the principal fishing year, directed fishing would
2018–2019’’ may be obtained from the commercial fishery, the HG, is close, reserving the difference between
West Coast Regional Office. determined using the FMP-specified HG the HG and ACT (1,000 mt) as a set
FOR FURTHER INFORMATION CONTACT: formula. The HG is based, in large part, aside for incidental landings in other
Joshua Lindsay, West Coast Region, on the current estimate of stock fisheries and other sources of mortality.
NMFS, (562) 980–4034. biomass. The biomass estimate is an For the remainder of the fishing year,
SUPPLEMENTARY INFORMATION: Under the explicit part of the various harvest incidental landings would be
Magnuson-Stevens Fishery control rules for Pacific mackerel, and constrained to a 45-percent incidental
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2019, the harvest guideline is 23,840 mt landed with other CPS (in other words, end of the Pacific mackerel fishing
and the ACT of 22,840 mt. no more than 45 percent by weight of season. The Regional Administer shall
(j) When an ACT in paragraph (i) of the CPS landed per trip may be Pacific announce in the Federal Register the
this section has been reached or is mackerel), except that up to 3 mt of date that an ACT or the harvest
projected to be reached soon, then for Pacific mackerel may be landed without guideline is reached or is expected to be
the remainder of the Pacific mackerel landing any other CPS. When a harvest reached, and the date and time that the
fishing season, Pacific mackerel may not guideline in paragraph (i) of this section restrictions described in this paragraph
be targeted and landings of Pacific has been reached or is projected to be go into effect.
mackerel may not exceed 45 percent of reached soon, no further retention of [FR Doc. 2017–25614 Filed 11–27–17; 8:45 am]
landings when Pacific mackerel are Pacific mackerel is allowed through the BILLING CODE 3510–22–P
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Document Created: 2017-11-28 01:50:42
Document Modified: 2017-11-28 01:50:42
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by December 28, 2017. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. | |
| FR Citation | 82 FR 56204 | |
| RIN Number | 0648-BH08 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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